HomeMy WebLinkAbout04-01-2015 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, April 1, 2015
Regular Meeting of the 5:00 P.M.
Operations Committee t
Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
714 593-7433
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the Clerk
of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Committee Members. These reports are for information
only and require no action by the Committee.
CONSENT CALENDAR:
1. Approve Minutes of the March 4, 2015, Operations Committee Meeting.
2. A. Award a purchase contract to Southern Counties Lubricants, LLC, for the
purchase and delivery of 10,000 gallons of Bulk Lube Oil, Specification No.
C-2015-654BD, for a unit price of$9.40 per gallon delivered, plus sales tax
and recycling / lube fee, for a total amount of$104,544; and
B. Approve a contingency of$5,227 (5 %).
3. A. Approve a Sole Source Service Agreement to Siemens Demag Delaval
Turbomachinery, Inc. (SDDTI), to perform a Class II Mechanical Service on
Aeration Blower#4, in the amount of$122,928.12; and
B. Approve a contingency of$12,292.82 (10%).
04/01/15 Operations Committee Agenda Page 1 of 4
4. A. Approve an Amendment for the extension of the term of Contract Plan2010-
01 until the completion of the scope of work of Contract Plan2010-01, Task
Order 01; and
B. Approve Task Order Amendment No. 1 to the Black & Veatch Contract
PLAN2010-01, Task Order 01 (Arc Flash Hazard Evaluation for Treatment
Plant No's 1 & 2), resulting in the amount of $89,649 for additional
engineering services to develop P1 and P2 Arc Flash Study scope of work
items, for a total amount not to exceed $170,794; and
C. Approve a contingency of$25,619 (15%).
5. Recommend to the Board of Directors:
Approve Change Order No. 4 to Purchase Order 104251-OB to US Peroxide, for
the Purchase of hydrogen peroxide, Specification No. C-2011-480, authorizing a
unit price increase from $1.867 per gallon to $1.923 per gallon delivered, plus
applicable sales tax, for the period July 1, 2015 through June 30, 2016, at a cost
not to exceed $1,100,000.
6. Recommend to the Board of Directors:
A. Approve a Site Access and License agreement with Pacific Quality Partners,
to allow mobilization of a chemical dosing station and injection of chemicals
at 1355 West Imperial Highway in the city of Brea, for a term of 36 months,
at a total cost of$2,280 per month for the first 12 months, in a form approved
by General Counsel; and
B. Approve the General Manager, or his designee, to negotiate future monthly
license fees, after one year, up to three percent price escalation per year,
beginning July 1, 2016 and annually therafter.
7. Recommend to the Board of Directors:
A. Approve a Professional Consultant Services Agreement with Carollo
Engineers, Inc. to provide construction support services for Trunk Line Odor
Control Improvements, Project No. 131-123, for an amount not to exceed
$529,970; and
B. Approve a contingency of$52,997 (10%).
04/01/15 Operations Committee Agenda Page 2 of 4
NON-CONSENT CALENDAR:
8. Recommend to the Board of Directors:
A. Approve a Professional Design Services Agreement with AECOM to provide
engineering design services for the South Perimeter Security & Storm Water
Improvements at Plant No. 1, Project No. P1-125, for an amount not to
exceed $567,003; and
B. Approve a contingency of$56,700 (10%).
9. Recommend to the Board of Directors:
A. Approve a Professional Services Agreement with CDM Smith, Inc., to
provide Engineering Services for Effluent Reuse Study, Project No. SP-173,
for an amount not to exceed $2,008,510;
B. Approve a contingency of$200,850 (10%); and,
C. Authorize staff to negotiate a cost-sharing agreement with the Orange
County Water District for future Board approval.
10. Recommend to the Board of Directors:
Cancel the construction contract awarded on November 19, 2014 to W.M. Lyles Co.
for Oxygen Plant Demolition at Plant No. 2, Project No. SP-129, for convenience.
INFORMATION ITEMS:
11. Procurement Process
12. Capital Improvement Program Update
13. Newport Force Main Project 5-60 Status
DEPARTMENT HEAD REPORTS
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS
IF ANY:
04/01/15 Operations Committee Agenda Page 3 of 4
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, May 6, 2015, at
5:00 P.M.
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Postina: In accordance with the requirements of California Government Code Section 54954.2, this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting,items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Acting Clerk of the Board
(714)593-7433
klore(docsd.com
For any questions on the agenda, Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherberg(docsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhirelli blocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomoson(docsd.com
Director of Facility Support Services Nick Amontes (714)593-7210 narhontes(domd.com
Director of Operations&Maintenance Ed Tones 714 593-7080 etorres ocsd.com
04/01/15 Operations Committee Agenda Page 4 of 4
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Engineering, Operations & Maintenance, and Facilities Support Services
Orange County Sanitation District
A regular meeting of the Operations Committee of the Orange County Sanitation District
was held on March 4, 2015, at 5:01 p.m. at the District's Administrative Office. Committee
Chair Seboum called the meeting to order and Director Bartlett led the Flag Salute.
A quorum was declared present, as follows:
Operations Directors Present: Staff Present:
Greg Sebourn, Chair Jim Herberg, General Manager
David Shawver, Vice-Chair Rob Thompson, Director of Engineering
Lisa Bartlett Nick Arhontes, Director of Facilities Support
Ellery Deaton Services
Steve Jones Ed Torres, Director of Operations & Maintenance
Robert Kiley Lorenzo Tyner, Director of Finance &
Lucille Kring Administrative Services
Richard Murphy Kelly Lore, Acting Clerk of the Board
Steve Nagel Cindi Ambrose
Fred Smith Rich Castillon
Chad Wanke Mark Dubois
Mariellen Yarc Mark Esquer
Tom Beamish, Board Chair Dean Fisher
John Nielsen, Board Vice-Chair Norbert Gaia
Al Garcia
Operations Directors Absent: Rob Michaels
None. Kathy Millea
Mike Puccio
Richard Spencer
Eros Yong
Others Present:
Brad Hogin, General Counsel
Bob Ooten (Alternate Director)
Mike Beverage (Alternate Director)
Veronica Carpenter
PUBLIC COMMENTS:
None.
REPORT OF COMMITTEE CHAIR:
03/04/2015 Operations Committee Minutes Page 1 &5
Committee Chair Sebourn did not provide a report.
REPORT OF GENERAL MANAGER
General Manager, Jim Herberg, reported that there will be a new formal leadership
training program for Management & Executive Management team beginning in May, that
will include one all-day session a month for a period of six months.
CONSENT CALENDAR:
1. MOVED, SECONDED, and DULY CARRIED TO: Approve Minutes of February
4, 2015, Operations Committee meeting.
AYES: Deaton, Jones, Kiley, Kring, Murphy, Nagel, Sebourn,
Shawver, Smith, F., Wanks and Yarc
NOES: None
ABSTENTIONS: Bartlett
ABSENT: Beamish and Nielsen
Board Vice-Chair Nielsen arrived at 5:04 p.m.
Board Chair Beamish arrived at 5:10 p.m.
NON-CONSENT:
Director of Engineering, Rob Thompson provided a PowerPoint presentation regarding
this item which included: a summary of the Gisler-Redhill System Improvements, Reach
B, project 7-37, the reason for the request of additional funds and information on the
Community Outreach Program.
2. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a budget increase of$2,800,000 for a total project budget of$25,873,000
for the Gisler-Redhill System Improvements, Reach B, Contract No. 7-37.
AYES: Bartlett, Beamish, Deaton, Jones, Kiley, Kring, Murphy,
Nagel, Nielsen, Sebourn, Shawver, Smith, F., Wanke and
Yarc
NOES: None
ABSTENTIONS: None
ABSENT: None
03/04/2015 Operations committee Minutes Page 2 of 5
3. Director of Finance and Administrative Services, Lorenzo Tyner, stated that the
proposed ordinance does not change or add any authority levels; adds clarification
language, and adds or brings clarification to procedures and processes within the
existing Purchasing Ordinance.
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Introduce Ordinance No. OCSD-47, entitled "An Ordinance of the Board of
Directors of the Orange County Sanitation District, Establishing
Requirements and Procedures for the Purchase of Goods, Services, and
Public Works Projects; and Repealing Ordinance No. OCSD-44" for first
reading at the March 2015 Board meeting.
B. Motion to read Ordinance No. OCSD-47 by title only and waive reading of
said entire Ordinance on March 25, 2015; and
C. Set April 22, 2015, as the date for the second reading and adoption of
Ordinance No. OCSD47; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law.
AYES: Bartlett, Beamish, Deaton, Jones, Kiley, Kring, Murphy,
Nagel, Nielsen, Sebourn, Shawver, Smith, F., Wanke and
Yarc
NOES: None
ABSTENTIONS: None
ABSENT: None
INFORMATION ITEMS:
4. Workforce Planning
Human Resources Manager, Rich Spencer provided an informative PowerPoint
Presentation on Workforce Planning, which includes: organizational structure;
organizational overview; recognized employee organizations; unrepresented
employee groups; importance of workforce planning development efforts; and
workforce analysis, planning and development.
Questions were answered from Mr. Spencer regarding the: percentage of internal
promotions; how open positions are promoted to the public; entry level hiring;
03/04/2015 Operations committee Minutes Page 3 of 5
internships; licensing; attracting higher level employees; compensation and class
study; technical programs such as Santiago Canyon College and transition and
succession plans.
5. Geographic Information Systems (GIS)AT OCSD
IT System and Operations Manager, Rich Castillon announced his four vision
points for OCSD and then introduced Information Tech Supervisor Rob Michaels
who provided a PowerPoint presentation on the GIS system uses at OCSD that
include: Facility and sewer models, permits, asset management, CCTV, flow
tracing, Hydraulic and Air Dispersion modeling, Land records, sewer transfers and
statistics, map requests, boundary updates, ocean monitoring, underground
service alerts and mobile GIS/GPS.
Board Chair Beamish questioned the security of our infrastructure and how much
is operated by a computer system. Mr. Castillon stated most of the equipment is
computerized. He further stated that a Department of Homeland Security (DHS)
audit was just completed and when the results are received, it will be discussed
with Board. He further stated that security is taken very seriously at OCSD that
nothing is completely safe, but we have the very best safeguards.
Director Wanks commended and congratulated the staff on the full utilization of
the GIS system.
DEPARTMENT HEAD REPORT:
Director of Operations and Maintenance, Ed Torres OCSD staff has provided long-term
beach water quality studies and oceanographic data that have resulted in approval from
the Santa Ana Regional Water Quality Control Board and the US Environmental
Protection Agency to stop disinfection at the long outfall after March 17, 2015. OCSD will
save approximately$420,000 per year as a result and improve the environment near our
ocean outfall.
Director of Finance and Administrative Services, Lorenzo Tyner reported on two violations
that were received from Cal/OSHA. The first was an employee who injured their finger
while working on some fan belts. Because of the injury, OSHA fined us and we appealed
that fine, however we were unsuccessful in the appeal. The exposure is about $22,000
and is considered a serious violation. If there is a second violation, it could be considered
willful, with a fine of about $70,000 and other possible assessments. Mr. Tyner stated
that he does not anticipate that being an issue as we have used this particular procedure
over the last 20 years with no injuries. However, we do take the OSHA report and the
health of our employees seriously, and for prevention, have done additional training, will
be putting in additional guards, and will do what is known as a safety stand-down where
we will meet with the managers and supervisors impacted by that area, making sure they
are aware of the injury and the additional safeguards.
03/04/2015 Operations committee Minutes Page 4 of 5
Mr. Tyner answered questions from the Committee regarding the severity of the injury
and condition of the employee; the actual circumstance of the injury with the fan belt in
motion, the electrical shut off; OSHA's reasons to deny appeal and costs of additional
training and safeguards.
Mr. Tyner stated that the second violation involved the use of a crane about 18 months
ago. This involved a procedural issue, there was no injury or potential injury, however,
OSHA found that we might not have been in complete compliance with our Standard
Operating Procedures (SOP). They found a technical variance in the way we used, or
planned for the use of the crane. We are in the process of looking at that item with OSHA
and anticipate the item be settled shortly. There are three pieces to this violation, which
include first, a procedural item with exposure in the $100400 fine range, the second item
should be vacated as there is not enough evidence to support the violation, and the third
is a technical procedural item with exposure in the $5000 fine range.
Mr. Tyner was asked how OSHA found out about these violations, to which he responded
that OCSD must report all injuries immediately to OSHA and that was the case in the first
violation. The second violation was reported to OSHA directly by an employee onsite.
Director of Engineering Rob Thompson provided a brief update in regards to the Newport
Force Main and problems with the tunneling machine, which have hit what appear to be
some type of unmarked abandoned structure.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
ADJOURNMENT
At 6:25 p.m., Committee Chair Sebourn declared the meeting adjourned to the next
scheduled meeting of Wednesday, April 1, 2015 at 5:00 p.m.
Submitted by,
Kelly A. Lore
Acting Clerk of the Board
03/04/2015 Operations Committee Minutes Page 5 of 5
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
04/01/15 --
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: CONTRACT FOR THE PURCHASE AND DELIVERY OF BULK LUBE
OIL FOR EIGHT (8) ENGINES AT PLANT NOS. 1 & 2
GENERAL MANAGER'S RECOMMENDATION
A. Award a purchase contract to Southern Counties Lubricants, LLC,for the purchase
and delivery of 10,000 gallons of Bulk Luba Oil, Specification No. C-2015-65413D,
for a unit price of $9.40 per gallon delivered, plus sales tax and recycling / lube
fee, for a total amount of $104,544; and
B. Approve a contingency of$5,227 (5
SUMMARY
The Orange County Sanitation District operates eight (8) large internal combustion
engines to generate power and heat to operate the treatment plants. The engines require
oil changes and refreshing of the engine oil to run reliably.
A formal bid went out and four(4)vendors responded.The bids were opened on February
24, 2015, Southern Counties Lubricants, LLC was the lowest.
Bidder Bidder Amount
Southern Counties Lubricants, LLC $104,544
First Fuel, Inc. $104,720
The SoCc, Group, Inc. $109,372
Southern Counties Oil Co., a CA Limited Partnership $114,048
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
This is not a project as defined by CEQA and therefore does not require CEQA action.
Page 1 of 2
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted in Division 850, line item 70 Operating Budget
52230.
Date of ADDroval Contract Amount Contingency
04/01/15 $104,544 $5,227
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date To Bd.of Dir.
a/oi/ts -
AGENDA REPORT Rem Number Rem Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: PREVENTATIVE MAINTENANCE OF PLANT NO. 1, AERATION
BLOWER#4
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Sole Source Service Agreement to Siemens Demag Delaval
Turbomachinery, Inc. (SDDTI), to perform a Class II Mechanical Service on
Aeration Blower#4, in the amount of$122,928.12; and
B. Approve a contingency of $12,292.82 (10%).
SUMMARY
The Orange County Sanitation District utilizes nine (9) Turblex Blowers in our secondary
treatment to provide air to the biological process. These blowers are vital to the secondary
treatment process and require major servicing based on their hours of service.
Each blower requires a Class-II mechanical service after 36,000 hours of runtime, which
involves the replacement of all worn and deteriorated parts. Aeration Blower#4 at Plant
No. 1 is currently due for this service.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Turblex who manufacturers the blowers currently installed at Plant No. 1, was previously
a Board-approved Sole Source provider. However, Turblex was purchased by Siemens
Demag Delaval Turbomachinery, Inc. (SDDTI), making (SDDTI) the only authorized
company to do service and repairs on the blowers.
CEQA
This is not a project as defined by CEQA and therefore does not require CEQA action.
Page 1 of 2
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted in the Repairs and Maintenance Services
Section of the Operating Budget.
Date of Approval 1 Contract Amount Contin enc
04/01/2015 $122,928.12 $12,292.82 10%
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date To ad.ofDir.
04/01/15 --
AGENDA REPORT Itenn Number Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: ARC FLASH HAZARD EVALUATION FOR TREATMENT PLANT NO'S 1
& 2, Contract PLAN2010-01, TASK ORDER 01
GENERAL MANAGER'S RECOMMENDATION
A. Approve an Amendment for the extension of the term of Contract Plan2010-01
until the completion of the scope of work of Contract Plan2010-01, Task Order
01; and
B. Approve Task Order Amendment No. 1 to the Black & Veatch Contract
PLAN2010-01, Task Order 01 (Arc Flash Hazard Evaluation for Treatment Plant
No's 1 & 2), resulting in the amount of $89,649 for additional engineering
services to develop P1 and P2 Arc Flash Study scope of work items, for a total
amount not to exceed $170,794; and
C. Approve a contingency of$25,619 (15%).
SUMMARY
Black & Veatch was awarded a Contract PLAN2010 task order under the "On-Call
Planning Studies Agreements" for $81,145 to perform a study to establish probable
electric arc flash levels for all major existing electrical distribution equipment located at
OCSD's Plant No's 1 & 2 and provide recommendations on reducing arc flash levels to
reduce risk of injury to maintenance personnel. This work must be completed to remain
in compliance with the OSHA standards (OSHA 29 CFR 1910 and NFPA 70E) on
electrical safety.
During the performance of the study by the consultant (Black & Veatch), it was
discovered that the ETAP database (electrical analysis software that models the plants
electrical power system) used for the are flash analysis contained errors which would
affect the quality of the arc flash study (potentially resulting in field staff not wearing
appropriate protection against electrical arc flash events). OCSD requested Black &
Veatch to stop work at this point (circa November 2013) and it was planned that work
would resume once the P1 & P2 ETAP databases were corrected ($9,483 remained of
the $81,145 contract with a total spent in the amount of$71,662).
Over the past year, OCSD's electrical staff has been performing field verifications and
updating the ETAP database and correcting the errors. The ETAP database verification
work is nearing completion, enabling Black & Veatch to continue with the study after this
point.
Page 1 of 2
Staff is requesting an additional $89,649 for Black & Veatch to complete the scope of
work, plus perform two additional tasks that will expedite the arc flash labeling efforts.
These two tasks, if performed by the consultant, would reduce the duration of time
before protective labels are posted and allow the OCSD maintenance electrical
engineer to continue supporting field staff on other critical issues.
PRIOR COMMITTEE/BOARD ACTIONS
September 2011 — Task Order No. 1 approved by the General Manager under the
PLAN2010 procurement program for a total amount not to exceed $81,145.
December 2010 — Board approved a PCSA with Black & Veatch and a number of other
firms to provide planning studies on a task order basis for two-year term, etc. and
approved an exception to Resolution No. OCSD 07-04 Section 4.05.
ADDITIONAL INFORMATION
This Amendment No. 1 requires Board approval because Black & Veatch Contract
PLAN2010-01, Task Order 01, was originally approved by the General Manager under
the PLAN2010 procurement program, which allows for engineering study task orders
with a value of $100,000 or less to be awarded to one of three preselected consulting
firms. This amendment will push the value beyond the $100,000 limit creating the need
for Operations Committee approval.
CEQA
This is not considered a project under CEQA.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with the authority levels in the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: FY 2014-15, Section 6, Page 108
— Professional & Contractual Services) and the project budget is sufficient for the
recommended action.
Date of ADDroval Contract Amount Contingency
09/07/11 $ 81,145
04/01/15(Amendment No. 1) 89,649
Total Proposed $170,794 $25,619
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
• Original Task Order No. 1 - Scope of Work
• Amendment No. 1 to Task Order No. 1 - Scope of Work
• Cost matrix provided by Black &Veatch (to complete revised scope of work)
Page 2 of 2
RETURN TO AGENDA
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO'S 1 &2
A. PURPOSE
This scope of work describes the consultant requirements for performing a study that will
establish probable electric arc flash levels for all major existing electrical distribution
equipment located at Orange County Sanitation District's (OCSD or District)Treatment
Plants 1 and 2.
B. SCOPE OF WORK
1. Overall
The consultant shall conduct an arc flash study in accordance with the requirements of
the latest version of NFPA 70E using the calculation method of IEEE 1584 for all
electrical distribution equipment in both plants including:
♦ 12,000 volt metalclad and load-interrupter switchgear
♦ 2400 and 4160 volt switchgear
♦ Low voltage switchgear and switchboards
♦ 4160 volt motor controller lineups
♦ 480 volt motor control centers (MCC's)
♦ Stand-alone medium and low voltage motor controllers (Motor Starters and
VFD's)
♦ Stand-alone medium and low voltage disconnect switches
♦ Liquid-insulated and dry-type medium-voltage power transformers
Systems to be studied at Plant 1 shall include the Administration-Human Resources-
Safety Complex and Laboratory Buildings.
OCSD Treatment Plant power systems have been previously modeled using ETAP
(Electric Transient Analyzer Program) provided by Operations Technology, Inc(OTI).
The consultant shall use electric system information provided by OCSD in ETAP format
to perform the calculations. Any field verification of existing data will be performed by
OCSD staff. The consultant shall utilize ETAP to produce all data required for the
District to complete an arc flash warning label for each piece of equipment including:
♦ Available short circuit current
♦ Flash protection boundary
♦ Incident energy at 18 inches expressed in cal/cm2
♦ Personnel protective equipment(PPE) required, including ratings
♦ Voltage shock hazard
♦ Limited shock approach boundary
♦ Restricted shock approach boundary
♦ Prohibited shock approach boundary
ATTACHMENT A 1
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO'S 1 &2
The Consultant shall provide a report summarizing findings and providing
recommendations for any changes to existing protective device settings or modifications
to the systems to mitigate exposure levels above 40 cal/Cm2. The Consultant shall base
their evaluation on existing protective device settings and target where adjustments may
be made and where such adjustments would be insufficient to reduce arc-flash
exposures to acceptable levels. The District will review the recommendations with the
Consultant to determine what further work is required, which the District will arrange for
separately. Any installation of revised settings and subsequent testing will be performed
by others.
OCSD staff will print the actual arc-flash warning labels and install them on equipment in
the field.
2. Project Execution
The consultant shall follow the steps below in executing this project:
1. Review system and installation data—This information will be provided by the District
and will be in the form of single line drawings and ETAP databases. The ETAP
Master databases currently available reflect the plant systems as of Jan 1, 2011. The
current databases document the electrical distribution system and individual loads of
480 V and above. Loads at 240V and below(e.g., panelboards) are each accounted
for as a "lump load". The databases may contain inaccuracies. Consultant shall
report any suspected inaccuracies or inconsistencies discovered during the course of
this Evaluation to OCSD staff for verification and resolution.
2. Determine system modes of operation—OCSD plant electrical systems involve two
utility sources, Central Generation facilities, standby generators, and double
feeder/double bus configurations throughout. Consultant shall examine the possible
electrical system configurations and interview electrical operating staff to determine
the modes of system operation that result in the highest potential arc flash
exposures.
3. Determine bolted fault current—Consultant shall compare the operating modes and
execute multiple ETAP calculations as required to determine the highest arc flash
exposures.
4. Consultant shall specifically include primary and secondary terminals of transformers
and line sides of main circuit breakers as ETAP nodes and locations to be evaluated
for are flash exposure.
5. Find the arc duration based on the protective device characteristics—Consultant shall
determine the arc duration times and corresponding short circuit levels to be used in
the arc flash calculation for each location of exposure. Several fault-interrupting
durations shall be tabulated and used for each location of exposure to verify that the
clearing time/fault level combination resulting in the highest arc exposure is used.
6. Document system voltages and equipment class
7. Select the working distances—This will typically be 18 inches.
ATTACHMENT A 2
RETURN TO AGENDA
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO'S 1 &2
8. Calculate the incident energy and the flash protection boundary for each location.
Panelboards rated 240 Volts or less shall not be evaluated unless connected to a
transformer larger than 125kVA.
9. Generically evaluate remote field-mounted 480V safely switches rated 100 Amps
and less.
10. Study exposures greater than 40 cal/cm2—Consultant shall evaluate locations with
high exposures and provide recommendations for reducing levels at each location to
less than 40 cal/cm2.
11. Prepare a complete study report documenting the inputs used, the assumptions
used, the methodology, the results, analysis of results, and recommendations for
system modifications.
The Report shall include an executive summary chapter that includes "Results and
Recommendations Tables"to summarize on a per equipmenffitem basis, the values
and ratings that were documented, calculated, and recommended by the project per
this Scope of Work.
12. Provide a final ETAP submittal for this project incorporating any revisions to
protective device settings that were finalized and accepted by OCSD.
13. OCSD will then produce and apply all of the arc-flash labels on the electrical
equipment.
3. Retrofit Projects
The Consultant shall recommend projects to retrofit equipment having arc flash
exposure levels exceeding 40 cal/cm2. The Consultant shall provide a tabulated listing
of the recommended retrofit projects with brief itemized scope of work and budgetary
cost estimate figure for each.
C. RESOURCES AVAILABLE
The District's will make the following information available to the Consultant in addition to
providing access to District staff and utility and operating records:
• OCSD Design Guidelines and Standard Specifications
• ETAP databases as described in Section B. 2. 1., which will include all fuse sizes and
types and relay and circuit breaker settings.
• Single Line Drawings
• Existing plant drawings, as requested (Some OCSD drawings may not be available for
some facilities or may not be accurate).
D. DELIVERABLES
The Consultant shall provide the District's with the following:
• Project schedule showing key milestones for completion of the project
ATTACHMENT A 3
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO'S 1 &2
• Draft 10% outline of the project report including a short description of the planned
contents of each section for District review and comment.
• Draft 70%version of the report for District review and comment, including the
completed arc flash calculations.
• 90% version of the project report for District review and comment. This shall be a
"ready-to-use" report checked and approved by consultant's quality control
procedures.
• Final project report accommodating all OCSD comments (5 copies+ electronic copy
in MS-Office 2003 or later format).
• Final ETAP database in electronic format on CD or DVD ROM
E. SCHEDULE
The schedule for this project is as follows.
Deadline
Maier Milestones (weeks from the
contract start)
Approval of Professional Services Agreement: 0
Project kick-off meeting 1
Submittal of Consultant's project schedule: 1
Submittal of 10% outline of project report 3
Submittal of 70%version of project report 11
Submittal of 90 % version of project report 15
Submittal of final version of project report 20
F. PROJECT MANAGEMENT
1. Meetings
Prior to work, a kick-off meeting with District staff shall be held to establish
appropriate contacts and review the Consultants plan to implement this work.
Project conferences shall be held with District staff to keep the District appraised
of the job, review work in progress, and receive comments. Conferences shall
be held at least every other week at the District's offices and may be held via
conference call. The Consultant shall be responsible for the preparation of
formal agendas for all meetings and for the preparation of meeting notes. The
formal agenda shall be submitted with the previous meeting notes at least one
week prior to each meeting.
Two specific meetings (one for each plant)with District staff shall be held to
discuss recommendations for changes to protective device settings to reduce
arc-flash exposures.
ATTACHMENT A 4
RETURN TO AGENDA
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO'S 1 &2
A final meeting will be held for the consultant to present the 90% version of the
final report to district staff. This meeting will coincide with the issuing of the 90%
version of the report for District review and comment.
2. Submittal Reviews
Four copies of each report version to be reviewed shall be submitted to the
District for review and comment. Typically, a two-week time period should be
allocated for District review of each submittal. Each District comment shall be
mutually resolved and accepted comments shall be incorporated into the
document.
3. Work Outside Approved Project
Work that is outside the approved activities that would require additional charges
shall not be performed unless the District revises the existing project scope in
writing.
4. Changes to Approved Project Assignment
The District may order changes by issuance of a written revision to the project
scope. If such changes affect the price, expenditure limitations, or schedule,
then an equitable adjustment and schedule shall be negotiated and shall be set
forth in a project scope revision.
G. MONITORING OF WORK
1. Progress Reports
The Consultant shall submit monthly progress reports for review by the 100 of the
month following and must include at a minimum: (1) current activities, (2)future
activities, (3) potential out-of-scope items, (4) concerns and possible delays, and
(5) percentage of completion.
H. STAFF ASSISTANCE
The District project manager for this project is Gary Conklin at (714) 593-7381. The
District staff member assigned to work with the Consultant for this project is Jim Mullins at
(714) 593-7325 or a designated staff member.
All meetings with District staff related to task evaluation will be scheduled through Gary
Conklin, Project Manager.
ATTACHMENT A 5
AGREEMENT NO. PLAN2010-01
AMENDMENT I TO
TASK ORDER 01
ARC FLASH HAZARD EVALUATION FOR TREATMENT PLANTS NO.'s I &2
Task Order 01, Arc Flash Hazard Evaluation for Treatment Plants No.'s 1 & 2 under Agreement No.
PLAN2010-01 ("AGREEMENT) for ON-CALL PLANNING STUDIES between the ORANGE COUNTY
SANITATION DISTRICT("SANITATION DISTRICT")and BLACK&VEATCH ("CONSULTANT")is hereby revised
as follows:
COMPENSATION: The Not-to-Exceed amount for this amendment 1 to Task Order No. 01 is
increased by$89,649.00 for a revised not to exceed amount of$170,794.00.
CONSULTANT shall submit its invoices for this Amendment 1 to Task Order 01 in accordance with the
requirements of the Agreement, Section 2. COMPENSATION, Attachment "C' Billing Rates, and
Attachment"D"Allowable Direct Costs of the AGREEMENT. Costs for the work included in this Task Order
05 shall be invoiced separately from costs for work included in any subsequently issued Task Orders.
AUTHORIZED AGREEMENT AMOUNT: $ 700,000.00[Unchanged]
SUMMARY OF TASK ORDERS:
Authorized Annual Agreement Amount: $ 700,000.00
Previously Issued Task Orders: $ 67,593.00
Remaining Authorized Amount: $ 632,407.00
Less Revision 1 to Task Order 01: $ 89,649.00
$ 542,758.00
CATEGORY ANNUAL TASK ORDER SUMMARY
TASK so TASK ORDER CUMULATIVE ANNUAL
ORDER TASK ORDER DESCRIPTION AMOUNT TASK ORDERS
05 SP-187,Ocean Outfall Assessment $48,024.00 $48,024.00
05 Rev. 1 SP-187,Ocean Outfall Assessment $19,569.00 $67,593.00
Increase in Scope of Work
Revision 1 to Task Order 05—SP-187,Ocean Outfall Assessment Agreement No.Plan201M1
EDNIS:
Page 1 of 2
RETURN TO AGENDA
O1 Rev. 1 Arc Flash Hazard Evaluation for $89,649.00 $157,242.00
Treatment Plant No.'s 1&2
SCOPE OF SERVICES: Refer to CONSULTANT's proposal under Task Order 01,Amendment No.l.
DELIVERABLES: Project deliverables remain as described under Task Order 01.
SCHEDULE: All Work to be completed by approximately 4 months of Notice to Proceed,as
described under Task Order 01,Amendment No. 1.
EFFECTIVE DATE: This Amendment 1 to Task Order Ol shall be effective as of the date of
SANITATION DISTRICT's Operations Committee Chairman's signature below.
All terms and conditions of the AGREEMENT shall remain in full force and effect. It is the intent of the
SANITATION DISTRICT and CONSULTANT to incorporate this Task Order 01,inclusive of all revisions, into
the AGREEMENT in a forthcoming amendment.
Chair, Operations Committee Date
Orange County Sanitation District
Black &Veatch Date
Revision 1 to Task Order 05—SP-187,Ocean Outfall Assessment Agreement No.Plan201M1
EDNIS:
Page 2 of 2
i
AMENDMENT NO. 3 TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
PLAN2010-01
Black& Veatch Corporation
THIS AMENDMENT NO. 3 TO the PROFESSIONAL CONSULTANT SERVICES
AGREEMENT PLAN2010-01 ("Amendment"), is made effective this -1st day of April, 2015, by and
between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION
DISTRICT", and Black &Veatch Corporation, hereinafter referred to as "CONSULTANT".
W ITNESSETH:
WHEREAS, the SANITATION DISTRICT and CONSULTANT previously entered into the
PROFESSIONAL CONSULTANT SERVICES AGREEMENT — PLAN2010-01 ("Agreement") dated
December 15, 2010, whereby CONSULTANT agreed to provide on-call planning services; and,
WHEREAS, on October 4, 2011, the SANITATION DISTRICT and CONSULTANT entered
into Amendment No. 1 to the Agreement to increase hourly rates; and
WHEREAS, on December 11,2012,the SANITATION DISTRICT and CONSULTANT entered
into Amendment No. 2 to extend the term for the one-year optional renewal.
WHEREAS, the SANITATION DISTRICT is extending the term of the Agreement until all work
under existing Task Orders is completed; and
WHEREAS, pursuant to the SANITATION DISTRICT's Resolution No. OCSD 07-04, OCSD
may extend a contract for Professional Service Consultants when Purchasing determines that it is in
the best interest of the Sanitation District to continue said contract and the Board of Directors has
approved such extensions; and
WHEREAS, Purchasing has determined that it would be in the best interest of the
SANITATION DISTRICT to extend the term of the Agreement to enable work under existing Task
Order to be completed; and
WHEREAS, CONSULTANT has agreed to the extension of the Agreement with no other
changes to the Agreement.
Amendment No. 3 -1- PLAN2010-01
895334.1
RETURN TO AGENDA
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result
to the parties in carrying out the terms of this Amendment No. 3, it is mutually agreed as follows:
1. CONSULTANT agrees to continue services commencing on April 1, 2015, and ending
when the Task Order 01 work is completed.
2. This Amendment No. 3 is supplemental to the Agreement, as modified by Amendments
No. 1 and 2, and is by reference made a part of said Agreement. All of the terms, conditions and
provisions thereof, unless specifically modified herein, shall continue in full force and effect.
3. In the event of any conflict or inconsistency between the provisions of this Amendment
No. 3 and any of the provisions of the original Agreement or Amendments No. 1 and 2, the provisions
of this Amendment No. 3 shall in all respects govern and control.
4. The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant
that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Amendment No. 3 on behalf of said Party, (iii) by so executing this Amendment No. 3, such party
is formally bound to the provisions of this Amendment No. 3,and (iv)the entering into this Amendment
No. 3 does not violate any provisions of any other agreement to which said Party is bound.
[SIGNATURES ON THE FOLLOWING PAGE]
V
Amendment No. 3 -2- PLAN2010-01
895334.1
i
IN WITNESS WHEREOF, this Amendment No. 3 to the Agreement has been
executed in the name of the SANITATION DISTRICT by its officers thereunto duly authorized and
executed by CONSULTANT as of the day and year first above written.
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Operations Committee Date
Black and Veatch Corporation
By
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts/Purchasing Manager
SLS
Amendment No. 3 -3- PLAN2010-01
895334.1
RETURN TO AGENDA
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO.S 1 &2
A. PURPOSE
This scope of work describes the consultant requirements for performing a study that will
establish probable electric arc flash levels for all major existing electrical distribution
equipment located at Orange County Sanitation District's (OCSD or District)Treatment
Plants 1 and 2.
B. SCOPE OF WORK
1. Overall
The consultant shall conduct an arc flash study in accordance with the requirements of
the latest version of NFPA 70E using the calculation method of IEEE 1584 for all
electrical distribution equipment in both plants including:
♦ 12,000 volt metal-clad and load-interrupter switchgear
♦ 2400 and 4160 volt switchgear
♦ Low voltage switchgear and switchboards
♦ 4160 volt motor controller lineups
♦ 480 volt motor control centers (MCCs)
♦ Stand-alone medium and low voltage motor controllers (Motor Starters and
VFDs)
♦ Stand-alone medium and low voltage disconnect switches
♦ Liquid-insulated and dry-type medium-voltage power transformers
Systems to be studied at Plant 1 shall include the Administration-Human Resources-
Safety Complex and Laboratory Buildings.
OCSD Treatment Plant power systems have been previously modeled using ETAP
(Electric Transient Analyzer Program) provided by Operations Technology, Inc. (OTI).
The consultant shall use electric system information provided by OCSD in ETAP format
to perform the calculations. Any field verification of existing data will be performed by
OCSD staff. The consultant shall utilize ETAP to produce all data required for the
District to complete an arc flash warning label for each piece of equipment including:
♦ Available short circuit current
♦ Flash protection boundary
♦ Incident energy at 18 inches expressed in cal/cm2
♦ Personnel protective equipment(PPE) required, including ratings
♦ Voltage shock hazard
♦ Limited shock approach boundary
♦ Restricted shock approach boundary
♦ Prohibited shock approach boundary
ATTACHMENT A 1 TO1, Amendment 1
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO.S 1 &2
The Consultant shall provide a report summarizing findings and providing
recommendations for any changes to existing protective device settings or modifications
to the systems to mitigate exposure levels above 40 cal/cm2. The Consultant shall base
their evaluation on existing protective device settings and target where adjustments may
be made and where such adjustments would be insufficient to reduce arc-flash
exposures to acceptable levels. The District will review the recommendations with the
Consultant to determine what further work is required, which the District will arrange for
separately. Any installation of revised settings and subsequent testing will be performed
by others.
2. Project Execution
The consultant shall follow the steps below in executing this project:
Note: The District provided a copy of the scope of work for the original Task Order 1 with
the request for proposal for Amendment 1. Suggested changes to the scope of work
provided by the District are incorporated below with track changes to reflect the
approach requested for reusing as much of the previously completed work as possible
before the project was placed on hold in 2013 to update the ETAP databases.
1. Compare and update relay and breaker protection settings—Consultant shall
compare the relay and breaker protection settings currently in the ETAP database
with the settings found on NETA testing datasheets provided by the District. Where
these do not match, Consultant shall update the ETAP database with the NETA
datasheet values. Comparison and update shall include up to 600 low voltage circuit
breakers and 700 medium voltage relays.
2. Review system and installation data—This information will be provided by the District
and will be in the form of single line drawings and ETAP databases. The ETAP
Master databases currently available reflect the plant systems as of Jan 1, 2011, or
as updated with current bus loading data, feeder data, etc. The current databases
document the electrical distribution system and individual loads of 480 V and above.
Loads at 240V and below(e.g., panelboards) are each accounted for as a "lump
load." The databases may contain inaccuracies, but have been corrected to the
extent possible as described above. Consultant shall report any additional
suspected inaccuracies or inconsistencies discovered during the course of this
Evaluation to OCSD staff for verification and resolution.
3. Determine system modes of operation— Five modes of operation were previously
determined. As such, no work is required for this task under this amendment.
4. Determine bolted fault current—Consultant shall compare the operating modes and
execute multiple ETAP calculations as required to determine the highest arc flash
exposures.
5. Consultant shall specifically include primary and secondary terminals of transformers
and line sides of main circuit breakers as ETAP nodes and locations to be evaluated
for arc flash exposure. Work for this task is included under Task B.2.3.
6. Find the arc duration based on the protective device characteristics—Consultant shall
determine the are duration times and corresponding short circuit levels to be used in
ATTACHMENT A 2 TO1, Amendment 1
RETURN TO AGENDA
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO.S 1 &2
the arc flash calculation for each location of exposure. Several fault-interrupting
durations shall be tabulated and used for each location of exposure to verify that the
clearing timeffault level combination resulting in the highest arc exposure is used.
7. Document system voltages and equipment class. This task was previously
completed. As such, no work is required for this task under this amendment.
8. Select the working distances—This will typically be 18 inches. This task was
previously completed. As such, no work is required for this task under this
amendment.
9. Calculate the incident energy and the flash protection boundary for each location.
Panelboards rated 240 volts or less shall not be evaluated unless connected to a
transformer larger than 125 kVA.
10. Generically evaluate remote field-mounted 480 V safety switches rated 100 Amps
and less. This task was previously completed. As such, no work is required for this
task under this amendment.
11. Study exposures greater than 40 cal/cm2—Consultant shall evaluate locations with
high exposures and provide recommendations for reducing levels at each location to
less than 40 cal/cm2.
12. Prepare a complete study report documenting the inputs used, the assumptions
used, the methodology, the results, analysis of results, and recommendations for
system modifications.
The Report shall include an executive summary chapter that includes "Results and
Recommendations Tables"to summarize on a per equipment/item basis, the values
and ratings that were documented, calculated, and recommended by the project per
this Scope of Work.
13. Provide a final ETAP submittal for this project incorporating any revisions to
protective device settings that were finalized and accepted by OCSD.
14. Consultant shall produce and apply arc flash labels, per NFPA 70E/ NEC
requirements, for all of OCSD Plant No's 1 and 2 medium voltage switchgears,
medium voltage transformers, low voltage switchgears, low voltage MCCs, low
voltage distribution panels, low and medium voltage VFD panels, and low and
medium voltage switches. Production and application shall include up to 1,140
labels. It is assumed that up to 140 pieces of equipment will require two different
labels (i.e., switchgear and associated MCC). It is understood that this quantity may
change based on the results of the preceding tasks and that additional services will
be authorized to accommodate a greater quantity of labels if found to be required.
ATTACHMENT A 3 T01, Amendment 1
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO.S 1 &2
3. Retrofit Projects
The Consultant shall recommend projects to retrofit equipment having are flash
exposure levels exceeding 40 cal/Cm2. The Consultant shall provide a tabulated listing
of the recommended retrofit projects with brief itemized scope of work and budgetary
cost estimate figure for each.
C. RESOURCES AVAILABLE
The District will make the following information available to the Consultant in addition to
providing access to District staff and utility and operating records:
• OCSD Design Guidelines and Standard Specifications
• ETAP databases as described in Section B. 2. 1., which will include all fuse sizes and
types and relay and circuit breaker settings (settings to be validated per Section B.2.1).
• Single Line Drawings
• Existing plant drawings, as requested (Some OCSD drawings may not be available for
some facilities or may not be accurate).
D. DELIVERABLES
The Consultant shall provide the District with the following:
• Project schedule showing key milestones for completion of the project
• 90% version of the project report for District review and comment. This shall be a
"ready-to-use" report checked and approved by consultant's quality control
procedures.
• Final project report accommodating all OCSD comments (5 copies+ electronic copy
in MS-Office 2003 or later format).
• Final ETAP database in electronic format on CD or OVD ROM
E. SCHEDULE
The schedule for this project is as follows.
Deadline
Maier Milestones (weeks from the
contract start)
Approval of Professional Services Agreement: 0
Project kick-off meeting 1
Submittal of Consultant's project schedule: 1
Submittal of 90 % version of project report 8
Submittal of final version of project report 12
Application of arc flash labels 16
ATTACHMENT A 4 TO1, Amendment 1
RETURN TO AGENDA
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO.S 1 &2
F. PROJECT MANAGEMENT
1. Meetings
Prior to work, a kick-off meeting with District staff shall be held to establish
appropriate contacts and review the Consultants plan to implement this work.
Project conferences shall be held with District staff to keep the District appraised
of the job, review work in progress, and receive comments. Progress
conferences shall be held at mutually agreed upon intervals but in no case less
than once per month at the District's offices and may be held via conference call.
The Consultant shall be responsible for the preparation of formal agendas for all
meetings and for the preparation of meeting notes. The formal agenda shall be
submitted with the previous meeting notes at least one week prior to each
meeting.
One specific meeting (for both plants combined)with District staff shall be held to
discuss recommendations for changes to protective device settings to reduce
arc-flash exposures, only if such a meeting is warranted (i.e., running the
evaluation with a more accurate database is not expected to result in any such
changes to overcurrent protective device settings).
A pre-final meeting will be held for the consultant to present the 90%version of
the final report to district staff. This meeting will coincide with the issuing of the
90% version of the report for District review and comment.
2. Submittal Reviews
Four copies of each report version to be reviewed shall be submitted to the
District for review and comment, or in all-electronic copies as approved by the
District. Typically, a two-week time period should be allocated for District review
of each submittal. Each District comment shall be mutually resolved and
accepted comments shall be incorporated into the document.
3. Work Outside Approved Project
Work that is outside the approved activities that would require additional charges
shall not be performed unless the District revises the existing project scope in
writing.
4. Changes to Approved Project Assignment
The District may order changes by issuance of a written revision to the project
scope. If such changes affect the price, expenditure limitations, or schedule,
then an equitable adjustment and schedule shall be negotiated and shall be set
forth in a project scope revision.
G. MONITORING OF WORK
1. Progress Reports
The Consultant shall submit monthly progress reports for review by the 10' of the
month following and must include at a minimum: (1)current activities, (2)future
activities, (3) potential out-of-scope items, (4) concerns and possible delays, and
(5) percentage of completion.
ATTACHMENT A 5 TO1, Amendment 1
Attachment A
SCOPE OF WORK FOR
ARC FLASH HAZARD EVALUATION
FOR TREATMENT PLANT NO.S 1 &2
H. STAFF ASSISTANCE
The District project manager for this project is Sandip Patel at(714) 593-7383. The
District staff member assigned to work with the Consultant for this project is Sandip Patel
at(714) 593-7325 or a designated staff member.
All meetings with District staff related to task evaluation will be scheduled through Sandip
Patel, Project Manager.
ATTACHMENT A 6 TO1, Amendment 1
RETURN TO AGENDA
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OPERATIONS COMMITTEE Meeting Date TOBd 011Dlr.
04/01/15 oa/zz/1s
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: HYDROGEN PEROXIDE, SPECIFICATION NO. C-2011-480
GENERAL MANAGER'S RECOMMENDATION
Approve Change Order No. 4 to Purchase Order 104251-OB to US Peroxide, for the
Purchase of hydrogen peroxide, Specification No. C-2011-480, authorizing a unit price
increase from $1.867 per gallon to $1.923 per gallon delivered, plus applicable sales tax,
for the period July 1, 2015 through June 30, 2016, at a cost not to exceed $1,100,000.
SUMMARY
Hydrogen Peroxide is used at Plant No. 1 to reduce odor-causing compounds in our
wastewater streams. Our current Hydrogen Peroxide vendor, US Peroxide, has
requested a 3.0% increase for the final year of this 5-year contract. The proposed
Hydrogen Peroxide renewal unit cost will increase $0.056 from $1.867/gallon to
$1.923/gallon. The 10% contingency for this contract has already been used. Staff
recommends approving the 3.0% increase for the following reasons:
• OCSD staff compared Hydrogen Peroxide costs with other wastewater agencies
and validated OCSD receives the lowest price on the west coast even with the 3%
price increase.
• Based on the cost comparison and OCSD's continued decline in peroxide usage,
there is a low probability that OCSD will receive a better unit price by bidding this
contract.
• US Peroxide has consistently provided dependable service and a quality product.
PRIOR COMMITTEE/BOARD ACTIONS
May- 2011: Original Specification C-2011-480 contract with US Peroxide was approved.
CEQA
N/A
Page 1 Of 2
BUDGET/PURCHASE ORDINANCE COMPLIANCE
This recommendation complies with authority levels of the OCSD Purchase Ordinance.
This item has been budgeted in Division 830, object 52032, line item 55.
Date of Approval ContractlPO Amount
04/22115 $1,100,000 CO#4
03/12/14 $1,321,000 CO#3
03/27/13 $1,321,000 CO#2
03/27/12 $1,321,000 CO#1
05/25/11 $1,615,000 10% Contingency
ATTACHMENTS
The following attachment may be viewed on-line at the OCSD website (www.ocsd.com) with the complete
agenda package and attachments.
• Change Order#1 Increase from $1.75 gallon to $1.817 gallon (2012/13)
• Change Order#2 Increase from $1.817 gallon to $1.867 gallon (2013114)
• Change Order#3 No Increase (2014/15)
ET:JS:UM:MJ:YS:af
Page 2 of 2
ORANGE COUNTY SANITATION DISTRICT BLANKET PURCHASE
? ' o944EBBAvenue P.O.No. 1O42S1-00006
Fountain Valley,CA92708-7019 ORDER
Telephone:(714)962-2411 BUYER Marc Dubois
FAX No.(714)593-7784 CONFIRMING-Purchase Order
Send Invoices Attention Accounts Payable BRWPIANT 231
PAGE No. 1 of 1
SUPPLIER:104475 SHIP TO: ORDEROATE 06/22/2011
US PEROXIDE LLC BUS-(404)352.6070 Orange County Sanitatlon District DELIVERY 06/30/2015
900 CIRCLE 75 PARKWAY FAX-(404)352-6077 10844 Ellis Avenue DATE
SUITE 1330 sduggan(Bh2o2.com Fountain Valley CA 92708-7018 FOB FOB-Destination
ATLANTA GA 30339 NO FRIDAY DELIVERIES CONTACT
INSTRUCTIONS:
Direct all inquiries to Marc Dubois at(714)593.7580.
NOTE:MATERIAL SAFETY DATA SHEETS REQUIRED FOR HAZARDOUS MATERIALS.
THIS PROCUREMENT IS IN ACCORDANCE WITH ALL TERMS&CONDITIONS THAT APPEAR ON THE
REVERSE SIDE OF THIS DOCUMENT UNLESS OTHERWISE STATED BELOW
FAILURE TO PROVIDE THE PREPAID FREIGHT BILL WITH THE INVOICE SHALL DELAY PAYMENT
Line Extended OCSD
No. Stock Number/Item Description Price Reference
4 CHE 1,321,000.00 -
7/1/2014-6/30/2015 LOO 000 P"
Hydrogen Peroxide 1 I y'fy�1{S
C08 3 POg104251-08 for the purchase of Hydrogen Peroxide,in accordance
with all terms&conditions as referenced In the Spec No.C-2031-480
to be delivered to P1(Fountain Valley)&P2(Huntington Beach,Ca).
CONTRACT TERM:July 1,2014 through June 30,2015
(plus One(1)one-year renewal options)
UNIT COST: $1.867 per gallon delivered
(price Includes all freight charges&taxes except applicable
CA Sales Tax be paid by OCSD).Taxes apply to product only.
TOTAL ESTIMATED ANNUAL USAGE:600,000 Gallons
Alp coding: 830,52032-SL:10081036
DISTRICT CONTACT:Shabblr Basrai,Div.830 ext.2614
Invoices to Yvonne Schwab ext.7024
PRO 84526-OR/POg104251-OB/C08 3,AMF
BOARD AWARD:5-25-11 Item No.12
Tax Rate Sales Tax Total Order
1,321,000.00
FOR
Go bS0
i
Buyer/CA: I I 0nageN— Date: 3//2/1 Y
ORANGE COUNTY SANITATION DISTRICT P.O. No. T10425-1-000 oB
10844 Ellis Avenue Buyer I Dubois,Marcus
Fountaiephone:n va1
0
ley,CA 92708-7018 CONFIRMING-Purchase Oaa,
Tel14)962-2411
FAX No.014)593-7784 BLANKET PURCHASE ORDER URN/PLANT: 231
PAGE I OF
. ..... .lm...... ..........-
...—.......... SHIP
SEND vivolpel ORDE
R DATE 06122111
US PEROXIDE U-C Phone-(404)352-O070 County Sanitation DIsM0 ATTENTION:Amounts Payable RED DELIVERY O6I30tI4
900 CIRCLE 75 PARKWAY Orange County
Orange County Sanitation Blanton --
SUITE 1330 FAX- (404)3526077 Fountain Valley CA 92708-7018 108"Ellis Avenue FOB FOR-Destination
ATLANTA GA 30339
Fountain Valley CA 92708-7018 CONTACT
. .............--..........
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IUSTS.UCT...I O..M..S.. :[NOTE:MSOS RE: :FOR
................................. . . .... .........
.....................
THIS PROCUREMENT IS IN ACCORDANd.0.*.ftvf CTEIIN'&.Y,C01111SIbFOFTNl4UNUESS OTHERMSEZrATEGIBELOW
............
..............
Order Daw .1qul wal Order Type
7/112013-6/3012014 1,321,000.00 OBMOI14
COY 2 P0#1 M251-0B for the purchase of Hydrogen Peroxide,in
accordance
whit all terms&conditions as referenced in the Spec
N..C�201MO
W be delivered to P1 Fountain Valley) &P2 01-rafinil
Beach,C.).
CONTRACT TERM:July 1.2013 through June SO.2014
(plus Two 12)one-yeas renewal options) I K±j
UNIT COST: $1.867 per gallon&Iiwmd
(Price Includes all freight charges&taxes except applicable
CA Sales Tax be Paid by OCSD).Texas apply to product only.
TOTAL ESTIMATED ANNUAL USAGE:600,000 Gallants
AjPc.ding; 830.52032,SL: IW81036
6imtcr CONTACT.-Shabbir Bevel,Div.830 am 2614
Invoices to Yvonne Schwab can.7024
PRY 80288-ORI PO#10425I-OB/CO#2,AMF
BOARD AWARD:6-25-1 1 loan No.12
YJ'IJ 17 SEt, /<Y( , /(�rk,r
Tenn 0.Upon Receipt — Salea Tax Total Or
Tax Race 1,321,000.
MANAGER:
:251-000 06
ORANGE COUNTY SANITATION DISTRICT Buyer P.O. No. Dubo1 is.Marcus 10844 Ellis Avenue
TlephFountain Valley.CA 2-2411 018 FAX-NON-0ONFIRM-PROCESS ASAP
Tekphone:(714) 962-2411
FAX No. (714)965-0]28 BLANKET PURCHASE ORDER BRN/PLANT: 231
PAGE 1 OF i
104475 SUPPLIER SHIP TO: SEND INVOICES TO: ORDER DATE 06/22/11
US PEROXIDE LLC Phone- (404) 352-6070 Orange County Sanitation District ATTENTION:Accounts Payable REG DELIVERY 06/30/13
900 CIRCLE 75 PARKWAY 108"Ellis Avenue Orange County Sanitation Disirict
SUITE 1330 FAX- (404) 352-6077 Fountain Valley CA 92708-7018 108"Ellis Avenue FOB FOB-Destination
ATLANTA GA 30339 Fountain Valley CA 92708-7018 CONTACT
INSTRUCTIONS:
NOTE:MSDS REWIRED FOR HAZARDOUS MATERIALS FORWARD TO SAFETY DIVISION
THIS PROCUREMENT IS IN ACCORDANCE WITH ALL TERMS&CONDITIONS THAT APPEAR ON THE REVERSE SIDE OF THIS DOCUME IT UNLESS OTHERWISE STATED BELOW
p I Stock Number/Item Deaeriptiar Fxtantletl Price Order Data Ong.Order No. Order Ty
7/112012-6/30/2013 1,321,000.W 06/30/13
PO#104251-013 for the purchase of Hydrogen Peroxide,in
accordance
with all tams&conditions as referenced in the Spec
No.C-2011480
to be delivered to P1 (Fountain Valley)&P2(Huntington
Beach,Cal.
UNIT COST: 31.817 per gallon delivered
(price includes all freight charges&taxes except applicable
CA Sales Tax baTf id-by-B66DI.Taxes apply to product only.
CONTRACT TERM:July 1,2012 through June 30, 2013
(plus Three(3)one-year renewal options)
TOTAL ESTIMATED ANNUAL USAGE: 6OD,000 Gallons
A/P coding: 830.52032-SL: 10081036
DISTRICT CONTACT:2A5g*l Chle ,Div.830 ea.7084
Invoices to Yvonne Schwab am.7024
PR#75320,0R/PO#104251-0B AMF
BOARD AWARD: 5-25-11 been No.12 -
Term Due Upon Receipt Sales Tax Total Oro
Tax Rate .00 1,321,000.110
Mly- 'CA: Data: '3 'L '1_ H: Dater `.� •2•
OPERATIONS COMMITTEE Neetlng pate TO BA.Of DIl.
o4101/is oa22/is
AGENDA REPORT Item Number Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Arhontes, P.E., Director of Facility Support Services
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Site Access and License agreement with Pacific Quality Partners, to
allow mobilization of a chemical dosing station and injection of chemicals at 1355
West Imperial Highway in the city of Brea, for a term of 36 months, at a total cost
of $2,280 per month for the first 12 months, in a form approved by General
Counsel; and
B. Approve the General Manager, or his designee, to negotiate future monthly
license fees, after one year, up to three percent price escalation per year,
beginning July 1, 2016 and annually therafter.
SUMMARY
Orange County Sanitation District (OCSD) currently uses chemicals for corrosion and
odor control in its collection system. We dose chemicals at six locations as a part of our
Sewage Conditioning Program. The Program also helps reduce the level of odors at
the treatment plants. OCSD property is typically not available. Real property has been
leased when needed. This location will help reduce odors in Buena Park, La Habra, La
Palma, Anaheim, Stanton, Cypress, Garden Grove, and Westminster. This new
location will also likely reduce the dosage rates of chemical treatment needed further
downstream in the Knott Trunk sewer.
OCSD has been dosing chemicals at 1225 West Imperial Highway at Brea RV Storage
in the city of Brea. However, the owner is planning to redevelop the property and will
not be renewing our lease. This proposed location is near the current dosing site.
PRIOR COMMITTEE/BOARD ACTIONS
December, 2010 — The Board approved a real property lease, and subterranean license
agreement with an option to extend, with Brea Imperial Inc. and RV Storage Depot Brea
to allow mobilization of a chemical dosing station and injection of chemicals at 1225
West Imperial Highway in Brea.
December, 2012 —The Board approved an amendment to the existing lease, a two year
(24-month) real property lease and subterranean license agreement, with Brea Imperial
Inc. and RV Storage Depot Brea to allow mobilization of chemical dosing equipment
and injection of chemicals at 1225 West Imperial Highway in Brea, with an option to
Page 1 of 2
extend for up to two additional years with up to a three percent price escalation per year
beginning December 31, 2012 and ending December 31, 2014.
ADDITIONAL INFORMATION
Staff negotiated the $2,280 monthly rental fee for this lease. This rental fee is $372.25
less than we are currenly paying. The chemical supplier furnishes a skid mounted type
packaged system to store and dose the chemicals. That contract is separate from this
site lease agreement.
CEQA
The project is exempt from CEQA pursuant to CEQA's Class Class 3 Exemption for
"New Construction or Conversion of Small Structures" (CEQA Guidelines § 15303.)
This exemption applies to the construction and location of limited numbers of new, small
facilities or structures and the installation of small new equipment and facilities in small
structures. The examples listed in this exemption include a broad range of structures
such as, without limitation, up to three single family residences in urban areas and
accessory water main, sewage and other utility extensions of reasonable length to
support such construction. Here, the project calls for the installation of a single 10,000
gallon tank, a dose skid with pumps, and secondary containment. Minor excavation
work will also be required to extend existing water and power lines approximately 200
feet to the tank. As a result, the project calls for the construction of new, small facilities
and is therefore exempt pursuant to CEQA Guidelines Section 15303.
BUDGET/ PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance.
ATTACHMENT
The following attachment is included in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package and attachments:
• Site Access and License Agreement
MPV:ME:eh:NJA;pe
Page 2 of 2
RETURN TO AGENDA
SITE ACCESS AND LICENSE AGREEMENT
THIS SITE ACCESS AND LICENSE AGREEMENT ("Agreement") is made and
entered into as of , 2015 ("Effective Date') between PACIFIC QUALITY
PARTNERS, a California limited partnership ("PACIFIC"), and ORANGE COUNTY
SANITATION DISTRICT, a county sanitation district organized and existing under the County
Sanitation District Act, Health & Safety Code §§4700 et seq., ("OCSD"). PACIFIC and OCSD
are individually or collectively referred to herein as the "Party" or the "Parties." This Agreement
is made with reference to the following facts:
A. PACIFIC is the fee interest owner of in the real property located at 1355 W.
Imperial Highway,in the City of Brea,State of California 92821 ("Property");and
B. OCSD is responsible for safely collecting, treating and disposing of wastewater
generated by more than 2.5 million people living and working within the County of Orange,
State of California; and
C. OCSD desires to operate a chemical dosing site on the Property, which will add
ferrous chloride and/or calcium nitrate and/or magnesium hydroxide to the sewer lines existing
adjacent to the Property for delivery within OCSD's facilities downstream of the Property
("Dosing Site"); and
D. OCSD has identified a City of Brea sewer manhole immediately adjacent to the
Property("Manhole")as an ideal location for dosing into the adjacent sewer lines.
E. PACIFIC desires to assist OCSD in establishing and operating the Dosing Site by
allowing OCSD to access, and enter into and upon the Property.
NOW, THEREFORE, in consideration of the mutual obligations, representations, and
promises contained in this Agreement,the Parties hereby agree as follows:
1. Grant of Access. PACIFIC hereby grants to OCSD, its employees, consultants,
representatives, contractors, subcontractors and/or agents ("Authorized Personnel") the right to
use, access and enter into and upon the portion of the Property set forth in the Site Plan,attached
hereto as Attachment "A" and incorporated herein by reference ("Access Area") for the purpose
of establishing and operating the Dosing Site, to access the sewer line through said Manhole, to
install conduit through the Manhole and into the sewer line, and to transport ferrous chloride
and/or calcium nitrate and/or magnesium hydroxide for delivery within OCSD's lines
downstream of the Property.
2. Dosing Site Improvements. The Dosing Site will consist of no more than two
above-ground storage tanks, and a double-wall pipe through which OCSD will transport the
following chemicals: ferrous chloride and/or calcium nitrate and/or magnesium hydroxide for
injection into the City of Brea's local sewer system adjacent of the Property and eventual
discharge into OCSD's sewer system. OCSD represents that no ferrous chloride and/or calcium
nitrate and/or magnesium hydroxide will be allowed to escape the facilities, tanks or piping into
the surrounding environment. The Dosing Site layout is presented in the Plan Views, attached
IM929.1
RETURN TO AGENDA
hereto as Attachment "B" and incorporated herein by reference. OCSD may utilize other
products, chemicals,or technologies if mutually agreed upon by the Parties.
3. Cooperation. PACIFIC will cooperate with OCSD to provide access to the
Property and Access Area as may be reasonably necessary to allow OCSD to operate the Dosing
Site, so long as the same does not unreasonably interfere with PACIFIC's operations,or cause an
undue inconvenience to PACIFIC's employees, guests, customers, tenants, occupants and
invitees.
4. Term. This Agreement shall expire thirty six (36)months from the Effective Date
("Initial Terra" Upon expiration of the Initial Term, this Agreement shall automatically extend
and continue in full force and effect on a month-to-month basis unless and until terminated in
writing by either Party.
.. 5. Utilities. Pacific shall be.responsible for providing to OCSD a source of .,
electricity and water on the Property. OCSD shall be responsible, at its sole cost, for routing
electricity and water to the Dosing Site, and for routing discharge from the Dosing Site.
6. OCSD Promise to Pay— Lioense. For the first twelve (12) months of the Initial
Term, PACIFIC will bill OCSD on a monthly basis a monthly license fee in the sum of$2,280, -
which sum shall include compensation for all utilities used by OCSD in connection with the
dosing site. Upon the twelve (12) month anniversary of the Effective Date, and annually
thereafter,PACIFIC shall be entitled to increase the monthly license fee up to three percent(3%)
and bill OCSD accordingly.
7. Machinery & Equipment PACIFIC authorizes OCSD, and its Authorized
Personnel, to bring onto the Property such equipment and/or machinery as may be reasonably
necessary to establish and operate the Dosing Site, so long as such activity is consistent with the
terms and conditions stated herein.
8. Unreasonable Interference; Prior Notice. In operating the Dosing Site, OCSD
shall not unreasonably interfere with PACIFIC's operations. OCSD shall give PACIFIC no less
than three (3) business days' notice prior to its first entry upon the Access Area and the
commencement of Dosing Site activities. PACIFIC and its employees and agents shall not
interfere with, or obstruct, the Dosing Site or such entry by OCSD's Authorized Personnel, and
PACIFIC shall not cause,or permit others to cause, any such interference or obstruction.
9. Restoring Condition of Access Area and the Procertv. OCSD agrees: (1) to
minimize, to the extent practicable, interference with the activities of PACIFIC 's employees,
guests,customers,tenants,occupants and invitees on,and ingress to, and egress from,the Access
Area; (2) to maintain its machinery, equipment, and other materials in an orderly manner while
located on the Property; and (3) within 30 days following the expiration of the term of this
Agreement, to remove from the Access Area and the Property all debris, trash, machinery,
equipment and other materials and items used by OCSD or caused by it to be on the Access Area
or on the Property. Additionally, OCSD agrees that at the completion of each day OCSD utilizes
the Access Area, it shall restore the Access Area to as close to the same condition as existed at
the commencement of that day, to the maximum extent possible. Following the expiration of the
term of this Agreement, at its sole cost OCSD shall restore the Access Area to as close to the
IMMA
RETURN TO AGENDA
same condition as existed before OCSD's fast entry upon and use of the Access Area in
connection with the Dosing Site, to the maximum extent possible, and to the reasonable
satisfaction of PACIFIC. At its sole cost, OCSD shall be responsible for the proper lawful
disposal of all chemicals, compounds, and other products and materials it brings onto, or causes _
to be on,the Property.
10. Preparatory Activities. At its sole cost,OCSD agrees to assume full responsibility
to perform all relevant preparatory work as it deems necessary to establish and operate the
Dosing Site. OCSD also agrees to provide appropriate notification to, and to obtain all required
permits from,all applicable regulatory authorities in connection therewith.
11. No Nuisance. OCSD agrees that it will not maintain any public or private
nuisance on the Property, and will not allow any odors, smoke, noise or objectionable elements
to unreasonably affect PACIFIC's employees, agents, customers, visitors, or neighboring real
property occupants or visitors. -
12. Indemnity. OCSD hereby agrees to indemnify, defend, save and hold PACIFIC,
and its owners, partners, agents, officers, members, employees, representatives, and affiliates
harmless from, and against, all losses, costs, expenses, claims, causes of action, and damages
suffered or incurred by any of them, which may arise from,pertain to, or relate to, the negligent
acts or omissions, recklessness, or willful misconduct of OCSD or its Authorized Personnel in
connection with the exercise of the rights granted herein. OCSD's obligation to indemnify,
defend,save and hold harmless shall not apply to the extent that any such losses, costs,expenses,
claims, causes of action or damages are caused by the negligence or willful misconduct of
PACIFIC, or its owners, partners, agents, officers, members, employees, representatives or
affiliates.
13. Safety and Site Condition. OCSD shall conduct its operations in a safe manner in
compliance with all laws, including, but not limited to, environmental laws, and shall cooperate
in maintaining the site in a safe,clean and orderly condition.
14. Sole Cost of OCSD. OCSD agrees that any work or activities conducted by
OCSD on or beneath the Access Area and Property shall be at the sole cost and expense of
OCSD. OCSD agrees to keep the Property free and clear of all liens by paying off all
subcontractors before any debt to the same becomes a matter of a lien of record against the
Property.
15. Insurance. During the term of this Agreement,OCSD shall require all contractors
or subcontractors, and their employees and agents, to maintain insurance with the following
minimum coverage:
(i) Workers Compensation with California minimum statutory limits;
(ii) Automobile Liability with$1,000,000 single limit,or equivalent; and,
(iii) Commercial General Liability,with$2,000,000 single limit,or equivalent
During the term of this Agreement, OCSD shall request each such Contractor or
subcontractor to provide PACIFIC with a Certificate(s) of Insurance reflecting that PACIFIC is
named as an "Additional Insured" on each contractor's and each subcontractor's Commercial
1043928.1
RETURN TO AGENDA
General Liability,or similar,liability insurance policy.
16. Limited Access. OCSD agrees that entry upon the Access Area shall be limited to
the extent necessary, or desirable, for the establishment and operation of the Dosing Site and/or
for the purposes expressed in this Agreement.
17. Temporary Use. The right to use and access granted herein is intended by the
Parties, and shall be construed, as a temporary right to use the Access Area to conduct the
Dosing Site upon the Property, and not as a grant of an easement or of any other legal or
equitable interest in, or to,the Property. Except as expressly set forth herein, no other rights are
created in OCSD by this Agreement.
18. Attomeys' Fees. If it becomes necessary for any Party to engage the services of
legal counsel to institute any civil action to enforce or confirm, or to defend against, or to
interpret or construe, any of provision(s)of this Agreement, the prevailing Party shall be entitled
to recover from the other Party or Parties therein all of such Party's attorneys' fees, expert
witness fees, other expenses and court costs as the prevailing party actually incurs in connection
therewith.
19. Binding on Successors. This Agreement shall be binding upon the Parties to this
Agreement, and upon their respective successors,representatives,heirs and assignees.
20. No Waiver. It is further understood and agreed that no failure or delay in
exercising any right,power or privilege hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise thereof preclude any other, or further, exercise thereof, or the exercise
of any right, power or privilege hereunder. A waiver of any right by any one of the Parties
hereunder must be in writing, and signed by the Party granting the waiver.
21. Assignability. OCSD shall not assign, or otherwise transfer, or attempt to
transfer, to any other person or entity, any of its rights herein stated, and shall not transfer, or
attempt to transfer, to any other person or entity, any of the duties or obligations herein stated,
without the prior written consent of PACIFIC, which may be given or withheld in PACIFIC's
sole and absolute discretion, and any other attempt to do so shall be void and of no legal force or
effect.
22. Choice of Law. The terms of this Agreement shall be interpreted and construed
according to the laws, regulations and ordinances of the United States of America, the State of
California,the County of Orange, and the City of Brea,as they may apply,from time to time.
23. Further Acts. For the duration of this Agreement, each Party shall, whenever
requested to do so by the other Party or Parties,execute, acknowledge and deliver,or cause to be
executed, acknowledged or delivered, any and all such further instruments and documents, and
do any and all other acts as may be reasonably necessary to accomplish the purpose and intent of
this Agreement.
24. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the Parties pertaining to the subject matter addressed herein, and
supersedes all prior, or contemporaneous, agreements and understandings, both written and oral,
1043928.1
RETURN TO AGENDA
pertaining to such subject matter
25. Interpretation. This Agreement will be interpreted according to the fair meaning
of its terms and not strictly for,or against,any Party hereto.
26. Modification. The provisions of this Agreement may only he amended or
modified by a written agreement executed by the Parties.
27. Authority. Each person executing this Agreement hereby warrants that he/she
has legal authority to bind the Party for whom he/she so executes this Agreement.
28. Severability. If any provision of this Agreement is held by any court of law or
equity having proper jurisdiction over the matter to be void, invalid or unenforceable for any
reason, the remaining provisions of this Agreement overall shall continue in full force and effect
without being impaired or invalidated in any way.
29. Notice. All notices or other documents (collectively `notices") given hereunder
shall be in writing and shall be addressed to the recipient and sent by personal delivery or by
overnight delivery service, such as by United States certified mail, postage prepaid, Federal
Express, United Parcel, or the like. Unless and until otherwise notified, the address of each of
the Parties for the giving of Notices shall be as follows:
If to PACIFIC:
Chris Chan,Project Manager
Pacific Quality Packaging Corporation
660 Neptune Avenue,
Brea,CA 92821
If to OCSD:
Orange County Sanitation District
Attn: Clerk of the Board
10844 Ellis Avenue
Fountain Valley,CA 92708
1013928.1
RETURN TO AGENDA
IN WIPNFSS WHEROF, the parties have executed this Agreement on the date set forth below
their respective signatures.
ORANGE COUNTY SANITATION DISTRICT
Dated:
APPROVED AS TO FORM:
By: By:
Tom Beamish Bradley R. Hogin
Chair, Board of Directors General Counsel
ATTEST:
By:
Its:
PACIFIC
Dated: 3 i d
By:
Fred Chan
Its: General Partner
1043928.1
OPERATIONS COMMITTEE Meng Dat0 TOBE. Dir.
B4/ltio1115 oa/zz/1Or5
AGENDA REPORTItemNumber Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: TRUNK LINE ODOR CONTROL IMPROVEMENTS,
PROJECT NO. P1-123
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Consultant Services Agreement with Carollo Engineers,
Inc. to provide construction support services for Trunk Line Odor Control
Improvements, Project No. P1-123, for an amount not to exceed $529,970; and
B. Approve a contingency of$52,997 (10%).
SUMMARY
The main goals of this project are twofold: (1) Replace existing Scrubbers 9 and 10 at
the Plant No. 1 Headworks facility with two new higher capacity bioscrubbers, and
connect additional facilities to the foul air system; and (2) Eliminate odors upstream of the
three siphons along the Baker-Gisler Interceptor and Santa Ana Trunk sewers by
implementing air jumper improvements to reduce condensate and water infiltration.
Carollo Engineers provided the engineering services for preliminary and final design.
Carollo Engineers' engineering support services are needed during the construction
phase to provide continuity through the completion of the project. The proposed services
will be provided on an as-needed basis and will include reviewing submittals, answering
Contractor's requests for information, reviewing design changes, preparing record
drawings, and assisting in closeout of the project.
Staff negotiated with Carollo Engineers for these support services in accordance with the
Orange County Sanitation District's (Sanitation District) adopted policies and procedures.
A review of the proposed price was conducted using estimated quantities of requests for
information, submittals, meetings, site visits, change order review, and design revisions,
as well as the level of effort to prepare record drawings. Based on this review, staff
determined the negotiated fee to be fair and reasonable for these services. Staff
recommends awarding a Professional Consultant Services Agreement to Carollo
Engineers.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
Page 1 of 2
ADDITIONAL INFORMATION
N/A
CEQA
A Notice of Exemption was filed and recorded on August 31, 2012.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: FY 2014-15 and 2015-16, Section
8, Page 53) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachmentia) maybe viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
Professional Consultant Services Agreement
JM:dm:gc
Page 2 of 2
RETURN TO AGENDA
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 22nd day of April,
2015, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to
as "SANITATION DISTRICT", and CAROLLO ENGINEERS, INC., for purposes of this
Agreement hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide
Construction Support Services for Trunk Line Odor Control Improvements, P1-123; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services for
Construction Support Services in connection with these requirements; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with
the SANITATION DISTRICT Board of Directors' Ordinance No. OCSD-44 Section 4.03(B)for
the continuation of services and has proceeded in accordance with said procedures to perform
this work; and,
WHEREAS, at its regular meeting on April 22, 2015, the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee or Director of Engineering
and General Manager pursuant to SANITATION DISTRICT Board of Directors' Ordinance No.
OCSD-44 to approve this Agreement between the SANITATION DISTRICT and
CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
"Attachment A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness.
C. In the event that work is not performed to the satisfaction of the SANITATION
PCSA PROJECT NO. P7-123
Revised 060214 TRUNK LINE ODOR CONTROL IMPROVEMENTS
Page 1 of 18
DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CADD drawings, figures, and other work shall be produced by
CONSULTANTS and Subconsultants using the SANITATION DISTRICT
standard software. Conversion of CADD work from any other non-standard
CADD format to the SANITATION DISTRICT format shall not be acceptable in
lieu of this requirement.
Electronic files shall be subject to an acceptance period of fifteen (15) calendar
days during which the SANITATION DISTRICT shall perform appropriate
acceptance tests. CONSULTANT shall correct any discrepancies or errors
detected and reported within the acceptance period at no additional cost to the
SANITATION DISTRICT.
E. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that (a)was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
F. SERVICES DURING CONSTRUCTION
Hazardous materials or asbestos may exist at the site where there is no reason
to believe they could or should be present. The CONSULTANT and the
SANITATION DISTRICT agree that the discovery of unanticipated hazardous
materials or asbestos constitutes a changed condition mandating a renegotiation
of CONSULTANT's services.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed Five Hundred Twenty-
Nine Thousand, Nine Hundred Seventy Dollars ($529,970.00). Total
compensation to CONSULTANT including burdened labor(salaries plus
benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs
shall not exceed the sum set forth in Attachment"E"- Fee Proposal.
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B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits)actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment"E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Suboonsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Suboonsultants for this project according to
Attachment"E"- Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E"- Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment"E"- Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
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the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment"D"—Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2 -COMPENSATION above.
G. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment"D"-Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan' as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem' as deemed the most
practical.
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT general geographical area which includes Orange, Los Angeles,
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties.
Automobile mileage is reimbursable if CONSULTANT is required to utilize
personal vehicle for local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
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Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment"D"-Allowable Direct Costs of this Agreement.
H. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed the not-to-exceed amount of
the Agreement, including approved additional compensation, CONSULTANT
shall notify the SANITATION DISTRICT immediately, and in writing. This written
notice shall indicate the additional amount necessary to complete the services.
Any cost incurred in excess of the approved not-to-exceed amount, without the
express written consent of the SANITATION DISTRICT's authorized
representative shall be at CONSULTANT's own risk. This written notice shall be
provided separately from, and in addition to any notification requirements
contained in the CONSULTANT's invoice and monthly progress report. Failure to
notify the SANITATION DISTRICT that the services cannot be completed within
the authorized not-to-exceed amount is a material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2- COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%)of the invoiced amount on a per-project-element basis.
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If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT; or
ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed
work for each project element or the project in its entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 -COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in staled amounts
to be set forth therein.
F. Pursuant to the California False Claims Act(Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or
causes to be presented to an officer or employee of the SANITATION DISTRICT
a false claim or request for payment or approval; b) knowingly makes, uses, or
causes to be made or used a false record or statement to get a false claim paid
or approved by the SANITATION DISTRICT; c)conspires to defraud the
SANITATION DISTRICT by getting a false claim allowed or paid by the
SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or
used a false record or statement to conceal, avoid, or decrease an obligation to
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the SANITATION DISTRICT; ore) is a beneficiary of an inadvertent submission
of a false claim to the SANITATION DISTRICT, and fails to disclose the false
claim to the SANITATION DISTRICT within a reasonable time after discovery of
the false claim.
5. PREVAILING WAGES
To the extent CONSULTANT intends to employ employees who will perform work during
the design and preconstruction phases of a construction contract, as more specifically
defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing
wage requirements with respect to such employees.
6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class VIII, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below"B". Further, the SANITATION DISTRICT will require
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CONSULTANT to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of
written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
!it. Coverage shall be in effect prior to the commencement of any work under
this Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage: One
Million Dollars ($1,000,000) per occurrence with One Million Dollars ($1,000,000)
aggregate. Said insurance shall include coverage for the following hazards:
Premises-Operations, blanket contractual liability(for this Agreement), products
liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse
and Underground)and Riggers/On Hook Liability must be included in the
General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
D. AutomotiveNehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of One Million Dollars ($1,000,000) or
alternatively, One Million Dollars ($1,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage. A statement
on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement.
E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
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One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Two Million Dollars
($2,000,000)with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior ads or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10)days prior to the
expiration of each policy term.
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
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• Certificate of Insurance ACORD Form 25 (5/2010)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 10 01 and CG 2037 10 01
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier for the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30)days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the
required thirty(30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty(30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Risk Management,
Div. 260, and shall be received by the SANITATION DISTRICT not less than
thirty (30)days prior to the effective date of the change(s) if the change would
reduce coverage or increase deductibles or SIR amounts or otherwise reduce or
limit the scope of insurance coverage provided to the SANITATION DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds" clause.
K. Non-Limiting (if applicable)
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Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
M. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant's operations and work.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2-
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COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement
requires the services of a registered engineer. Such services hereunder will be
performed under the direct supervision of registered engineers.
11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3)years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the
SANITATION DISTRICT for review and audit, all project related accounting
records and documents, and any other financial data within 15 days after receipt
of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
be available to assist SANITATION DISTRICT's auditor in obtaining all project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
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13. THIRD PARTIES
This Agreement is entered into by and for the SANITATION DISTRICT and the
CONSULTANT, and nothing herein is intended to establish rights or interests in
individuals or entities not a party hereto.
14. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Sarah L. Strader, Senior Contracts Administrator
Copy: Jeff Mohr, Project Manager
Notices shall be mailed to CONSULTANT at:
CAROLLO ENGINEERS, INC.
3150 Bristol St., Suite 500
Costa Mesa, CA 92626
Attention: Doug Lanning
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT's staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
15. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty(30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13- NOTICES.
16. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work.
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CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, computation and study materials in its files pertaining to
the work described in this Agreement, which is requested in writing by the SANITATION
DISTRICT.
17. COMPLIANCE
CONSULTANT certifies by the execution of this Agreement that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in
compliance with all federal, state and local directives and executive orders regarding
non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
18. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
19. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
20. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled.
21. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1) current activities, 2)future activities, 3)
potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status.
22. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
PCSA PROJECT NO. P7-123
Revised 060214 TRUNK LINE ODOR CONTROL IMPROVEMENTS
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RETURN TO AGENDA
23. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, consultants, and agents (collectively the "Indemnified
Parties'), from and against any and all claims, damages, liabilities, causes of action,
suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses
including without limitation, attorneys'fees, disbursements and Court costs, and all other
professional, expert or consultants fees and Costs and the SANITATION DISTRICT's
general and administrative expenses (individually, a "Claim", or collectively, "Claims")
which may arise from or are in any manner related, directly or indirectly, to any work
performed, or any operations, activities, or services provided by CONSULTANT in
carrying out its obligations under this Agreement to the extent of the negligent,
recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents,
employees, CONSULTANT's suppliers, consultants, subconsultants, subcontractors,
and/or anyone employed directly or indirectly by any of them, regardless of any
contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
Indemnified Parties from any Claim arising from:
(A)the sole or active negligence or willful misconduct of the Indemnified Parties; or
(B)a natural disaster or other act of God, such as an earthquake; or
(C)the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, consultant, suboonsultant, subcontractor, nor anyone
employed directly or indirectly by any of them.
Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT's liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to
limit CONSULTANT's indemnification obligation or other liability hereunder.
The terms of this Agreement are contractual and the result of negotiation between the
parties hereto. Accordingly, any rule of construction of contracts (including, without
limitation, California Civil Code Section 1654)that ambiguities are to be construed
against the drafting party, shall not be employed in the interpretation of this Agreement.
24. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
PCSA PROJECT NO. P7-123
Revised 060214 TRUNK LINE ODOR CONTROL IMPROVEMENTS
Page 15 of 18
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
25. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the SANITATION
DISTRICT and may be considered in future CONSULTANT selection processes.
26. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
Agreement is fully complete and that the SANITATION DISTRICT requires no further
work from CONSULTANT, or the Agreement is otherwise terminated or expires in
accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the
Consultant written notice that the Agreement will be closed out. CONSULTANT shall
submit all outstanding billings, work submittals, deliverables, reports or similarly related
documents as required under the Agreement within thirty (30)days of receipt of notice of
Agreement closeout.
Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT's cost.
CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the work, the non-completion of which were not disclosed to
PCSA PROJECT NO. P7-123
Revised 060214 TRUNK LINE ODOR CONTROL IMPROVEMENTS
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RETURN TO AGENDA
the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT's request for final
Agreement Acceptance.
27. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
PCSA PROJECT NO. P7-123
Revised 060214 TRUNK LINE ODOR CONTROL IMPROVEMENTS
Page 17 of 18
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: CAROLLO ENGINEERS, INC.
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Clerk of the Board Date
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments: Attachment"A'—Scope of Work
Attachment"B"—Cost Matrix
Attachment"C"— Fee Proposal
Attachment"D"—Allowable Direct Costs
Attachment"E"—Not Used
Attachment"F"— Not Used
Attachment"G"— Not Used
Attachment"H"—Not Used
Attachment"I"— Not Used
Attachment"J"— Not Used (or Not Attached)
Attachment'K"—Not Used
PCSA PROJECT NO. P7-123
Revised 060214 TRUNK LINE ODOR CONTROL IMPROVEMENTS
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OPERATIONS COMMITTEE Meeting Date TOBd.oDir.
04/01/15 04/22/15
AGENDA REPORT Itenn Number Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SOUTH PERIMETER SECURITY & STORM WATER IMPROVEMENTS
AT PLANT NO. 1, PROJECT NO. P1-125
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Design Services Agreement with AECOM to provide
engineering design services for the South Perimeter Security & Storm Water
Improvements at Plant No. 1, Project No. 131-125, for an amount not to exceed
$567,003; and
B. Approve a contingency of$56,700 (10%).
SUMMARY
This project will construct a new wall, entry/exit gates and add security enhancements
to Plant No. 1 southern perimeter. The storm water along this perimeter exits at various
locations from this property. This project will ensure that all storm water captured on
Plant No. 1 property will not leave the site per new regulatory requirements.
Plant No. 1 has potable water connections from the City of Fountain Valley (City) along
Garfield Avenue for the Engineering and Construction trailer complex at the southwest
corner. These connections along Garfield Avenue require an air gap that does not
exist. A new water pipe will be installed and connected to the existing Plant No. 1
potable water loop, and then physically sever the direct connection to the City's system
along Garfield Avenue.
The Orange County Sanitation District (Sanitation District) advertised a Request for
Proposal in October, 2014, and four proposals were received. Based on the overall
qualifications and expertise, staff recommends awarding a Professional Design
Services Agreement to AECOM.
The evaluation and selection process is based on procedures pursuant to the California
Government Code requiring the Sanitation District to select "the best qualified firm" for
architectural and engineering services and to negotiate a "fair and reasonable" fee with
that firm.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
Page 1 of 4
ADDITIONAL INFORMATION
General
Staff retained Pinkerton to perform a security risk assessment of the plant facilities. The
risk assessment report recommended improving the perimeter security by upgrading the
gate systems. The Pinkerton report also recommends increasing the height of the gates
and wall/fence lines particularly along the Plant No. 1 southern perimeter. The City of
Fountain Valley shall approve all fencing and screening features per Specific Plan
requirement.
In order to meet the goals set for the facility's NPDES permit that is issued by the
California Regional Water Quality Control Board, all storm water conveyance will be
engineered so it does not leave the site.
The City has requested that the Sanitation District disconnect the potable water
connection as soon as possible since they have no control of the lines once they are
inside of Plant No. 1 and there is no air gap to protect the supply. This is a reasonable
request from the City since public health codes dictate that all public water supplies be
physically separated by an air gap before entering a sewage treatment plant. Plant
No. 1 has an air gap and pump station at the northeast corner of the facility. This
connection to the Engineering and Construction trailer complex was not an issue in the
past. However, the recent expansion of the Ground Water Replenishment system has
installed facilities that are adjacent to the trailer complex.
Request for Proposal:
A Request for Proposal which describes the Consultant's Scope of Work required for
this project was advertised on October 23, 2014.
As a result, proposals were received from Civil Source, AKM, Lee & Ro, and AECOM
on December 10, 2014. A Staff Evaluation Committee consisting of six representatives
from the Engineering and Operations Departments reviewed and ranked each of the
proposals in accordance with the evaluation process set forth in Sanitation District
Board of Directors' Ordinance No. OCSD44. A representative from the Contracts
Administration Division participated in the evaluation process as a non-voting member.
The proposals were evaluated according to the following criteria: (1) project
understanding and approach; (2) applicable related project experience; and (3) project
team and staff qualifications.
After reviewing and scoring the proposals, the Consultant firms were ranked according
to the score achieved. The Evaluation Committee short-listed and interviewed the top
two proposing firms to meet the key team members and further evaluate the firms'
proposals. Pursuant to the results of the interview, the Evaluation Committee selected
AECOM as the top-ranked firm as shown in Table 1.
Page 2 of 4
TABLE 1
PROPOSAL EVALUATION'
Consultant Evaluator AECOM Lee & Ro
Reviewer A 1 2
Reviewer B 1 2
Reviewer C 1 2
Reviewer D 2 1
Reviewer E 1 2
Overall Ranking 1 2
Proposal Fee $594,848
Negotiated Fee Proposal $567,003
' Based on scores after interview
AECOM was ranked highest by the Evaluation Committee.
Both proposals were accompanied by a sealed fee proposal estimate. The fee proposal of
the highest ranked firm was opened after the proposals were evaluated and a top-ranked
firm was selected in accordance with Sanitation District Ordinance No. OCSD44. Staff
conducted negotiations with AECOM to clarify the requirements of the Scope of Work and
their proposed work effort. During the negotiation meetings, the project Scope of Work,
level of effort, and assumptions were discussed and clarified as required for the
completion of the Scope of Work for the project. As a result of these negotiations,
AECOM submitted a revised fee proposal.
Based on the above, staff determined the final cost proposal to be fair and reasonable for
the Scope of Work and recommends awarding the Professional Design Services
Agreement to AECOM.
CEQA
Notice of Exemption was filed on July 28, 2014.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with the authority levels in the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: FY 2014-15, Section 8, Page 122)
and the project budget is sufficient for the recommended action.
Page 3 of 4
ATTACHMENT
The following attechment(s) maybe viewed on-line at the OCSD website(www.ocsd.com) with the complete
agenda package:
Professional Design Services Agreement
AN:dm:gc
Page 4 of 4
RETURN TO AGENDA
PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the edate» day of
«Month», eyear» by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter
referred to as "SANITATION DISTRICT', and ((CONSULTANT COMPANY», for purposes of
this Agreement hereinafter referred to as "CONSULTANT'.
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for
.Contract/Project Title», AContract/Project No.D; and to provide Design services for
«Contract/Project Description» and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on «Board Meeting Date» the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee or Director of
Engineering and General Manager pursuant to SANITATION DISTRICT Board of Directors'
Ordinance No. OCSD-44 to approve this Agreement between the SANITATION DISTRICT and
CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
Attachment"A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness. CONSULTANT
shall respond to all comments, suggestions, and recommendations on the
PDSA PROJECT NO. P7-125
Revised 060214 SOUTH PERIMETER SECURITY&STORM WATER IMPROVEMENTS AT PLANT NO. 1
Page 1 of 18
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
comments shall be incorporated into the design prior to the next submittal
deadline or addressed, in writing, as to why the comment has not been
incorporated. CONSULTANT shall ensure that each submittal is 100% accurate
for the level of work submitted (i.e. correct references, terms, capitalization or
equal status, spelling, punctuation, etc.)
C. In the event that work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
and Subconsultants using the SANITATION DISTRICT CAD Manual.
Conversion of CAD work from any other non-standard CAD format to the
SANITATION DISTRICT format shall not be acceptable in lieu of this
requirement.
Electronic files shall conform to the SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
approval of the SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of sNumber of Days»
calendar days during which the SANITATION DISTRICT shall perform
appropriate reviews and including CAD Manual compliance. CONSULTANT shall
correct any discrepancies or errors detected and reported within the acceptance
period at no additional cost to the SANITATION DISTRICT.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or
recommended under this Agreement allow for competitive bidding. The
CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one source, and shall not
design plans and specifications around a single or specific product, piece of
major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT prior to beginning work on such plans
and specifications. Whenever the CONSULTANT recommends a specific
product or equipment for competitive procurement, such recommendation shall
include at least two brand names of products that are capable of meeting the
functional requirements applicable to the project.
F. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
PDSA PROJECT NO. P7-125
Revised 060214 SOUTH PERIMETER SECURITY&STORM WATER IMPROVEMENTS AT PLANT NO. 1
Page 2 of 18
RETURN TO AGENDA
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that (a)was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed eGrand Total Written
Amount)) Dollars ($eGrand Total Amounb)). Total compensation to
CONSULTANT including burdened labor (salaries plus benefits), overhead,
profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum
set forth in Attachment"E" - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits)actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment "E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
PDSA PROJECT NO. Pl-125
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As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Suboonsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E"- Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment"E"- Fee Proposal.
F. Direct Costs A
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment"D"-Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2 -COMPENSATION above.
G. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment V'-Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan" as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem" as deemed the most
practical.
PDSA PROJECT NO. P7-125
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RETURN TO AGENDA
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT general geographical area which includes Orange, Los Angeles,
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties.
Automobile mileage is reimbursable if CONSULTANT is required to utilize
personal vehicle for local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment"D"-Allowable Direct Costs of this Agreement.
H. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
own risk. This written notice shall be provided separately from, and in addition to
any notification requirements contained in the CONSULTANT's invoice and
monthly progress report. Failure to notify the SANITATION DISTRICT that the
services cannot be completed within the authorized not-to-exceed amount is a
material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
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4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2- COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%)of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT;
or
ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed
work for each project element or the project in its entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 -COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
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E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
F. Pursuant to the California False Claims Act(Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or
causes to be presented to an officer or employee of the SANITATION DISTRICT
a false claim or request for payment or approval; b) knowingly makes, uses, or
causes to be made or used a false record or statement to get a false claim paid
or approved by the SANITATION DISTRICT; c) conspires to defraud the
SANITATION DISTRICT by getting a false claim allowed or paid by the
SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or
used a false record or statement to conceal, avoid, or decrease an obligation to
the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission
of a false claim to the SANITATION DISTRICT, and fails to disclose the false
claim to the SANITATION DISTRICT within a reasonable time after discovery of
the false claim.
5. PREVAILING WAGES
To the extent CONSULTANT intends to employ employees who will perform work during
the design and preconstruction phases of a construction contract, as more specifically
defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing
wage requirements with respect to such employees.
6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
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apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an 'A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below"B". Further, the SANITATION DISTRICT will require
CONSULTANT to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20)days of
written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage: Two
Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000)
aggregate. Said insurance shall include coverage for the following hazards:
Premises-Operations, blanket contractual liability(for this Agreement), products
liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse
and Underground) and Riggers/On Hook Liability must be included in the
General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
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RETURN TO AGENDA
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
D. AutomotiveNehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of One Million Dollars ($1,000,000) or
alternatively, One Million Dollars ($1,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage. A statement
on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement.
E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Two Million Dollars
($2,000,000)with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
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no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10)days prior to the
expiration of each policy term.
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (5/2010)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 10 01 and CG 2037 10 01
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier for the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
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RETURN TO AGENDA
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30)days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the
required thirty (30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty(30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Risk Management,
Div. 260, and shall be received by the SANITATION DISTRICT not less than
thirty (30)days prior to the effective date of the change(s) if the change would
reduce coverage or increase deductibles or SIR amounts or otherwise reduce or
limit the scope of insurance coverage provided to the SANITATION DISTRICT.
I. Primary Insurance I
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds" clause.
K. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
M. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
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N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant's operations and work.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS I
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2-
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement
requires the services of a registered engineer. Such services hereunder will be
performed under the direct supervision of registered engineers.
11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
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subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3)years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the
SANITATION DISTRICT for review and audit, all project related accounting
records and documents, and any other financial data within 15 days after receipt
of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
be available to assist SANITATION DISTRICT's auditor in obtaining all project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: «Contracts Administrator's Names, «Contracts Administrator's Title»
Copy: «Project Manager's Name», Project Manager
Notices shall be mailed to CONSULTANT at:
6CONSULTANT COMPANY»
«Street Address»
«City, State Zip))
Attention: «CONSULTANT'S Representative»
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All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT's staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
14. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty(30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13- NOTICES.
15. DOCUMENTS AND STUDY MATERIALS IL
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, computation and study materials in its files pertaining to
the work described in this Agreement, which is requested in writing by the SANITATION
DISTRICT.
16. COMPLIANCE
4
CONSULTANT certifies by the execution of this Agreement that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in
compliance with all federal, state and local directives and executive orders regarding
non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
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RETURN TO AGENDA
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled.
20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1) current activities, 2)future activities, 3)
potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status.
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(iesl
22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims")which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A)the active negligence or willful misconduct of the Indemnified Parties; or
(B)a natural disaster or other act of God, such as an earthquake; or
(C)the independent action of a third party who is neither one of the Indemnified Parties
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nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT's liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to
limit CONSULTANT's indemnification obligation or other liability hereunder. The terms
of this Agreement are contractual and the result of negotiation between the parties
hereto. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654)that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND IL
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
24. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the SANITATION
DISTRICT and may be considered in future CONSULTANT selection processes.
25. COMPLIANCE WITH OCSD POLICIES AND PROCEDURES
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RETURN TO AGENDA
CONSULTANT shall be required to comply with all OCSD policies and procedures
including the Safety Manual, as applicable, all of which may be amended from time to
time.
26. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
Agreement is fully complete and that the SANITATION DISTRICT requires no further
work from CONSULTANT, or the Agreement is otherwise terminated or expires in
accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the
Consultant written notice that the Agreement will be closed out. CONSULTANT shall
submit all outstanding billings, work submittals, deliverables, reports or similarly related
documents as required under the Agreement within thirty (30)days of receipt of notice of
Agreement closeout. 4
Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT
commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT's cost.
CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the work, the non-completion of which were not disclosed to
the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT's request for final
Agreement Acceptance.
27. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
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CONSULTANT: COMPANY NAME
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By 41 -
Chair, Board of Directors Ise
By v
[Name]
Clerk of the Board Date
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments: Attachment "A"—Scope of Work
Attachment "B"—Labor Hour Matrix
Attachment"C"—Conflict of Interest Disclaimer
Attachment"D"—Allowable Direct Costs
Attachment "E"— Fee Proposal
Attachment "F"—Professional Design Services Agreement (PDSA)
Attachment"G"—Acknowledgement of PDSA
Attachment "H"— Professional Consulting Services Agreement(PCSA)
Attachment"I"—Cost Matrix and Summary
Attachment"J"—Acknowledgement of Addenda Receipt
Attachment"K'—Hourly Rate Schedule for Minor Subconsultant
Attachment"L'—OCSD Safety Standards (ocsd.com/opengov/safety-and-
human-resources-policy)
XXX:xx
EDMS:
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OPERATIONS COMMITTEE Meeting Date TOBdofDlr.
04/01/15 041j2/I5
AGENDA REPORT Item Number Rem rvumbe
9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: EFFLUENT REUSE STUDY, PROJECT NO. SP-173
GENERAL MANAGER'S RECOMMENDATION
A. Approve a budget increase of $450,000, increasing the total amount not to
exceed $3,250,000;
B. Approve a Professional Services Agreement with CDM Smith, Inc., to provide
Engineering Services for Effluent Reuse Study, Project No. SP-173, for an
amount not to exceed $2,008,510;
C. Approve a contingency of$200,850 (10%); and,
D. Authorize staff to negotiate a cost-sharing agreement with the Orange County
Water District for future Board approval.
SUMMARY
The Orange County Sanitation District (Sanitation District) Board of Directors approved
a five-year Strategic Plan in November 2013, which identified maximizing water
recycling as a strategic goal for the agency. The Sanitation District recognizes the
value of enhancing water supply reliability, particularly in this time of persistent drought.
Reusing this local resource will support California's efforts to provide a safe, sustainable
water supply.
The purpose of this project is to identify options for recycling Plant No. 2 effluent water,
prioritizing how the Sanitation District will deliver effluent to the Orange County Water
District (OCWD) for the Final Expansion of the Ground Water Replenishment System
(GWRS).
The Sanitation District and OCWD are interested in partnering in this study. As such,
Staff is requesting authorization to negotiate a cost—sharing agreement with OCWD.
The Sanitation District is taking the lead on this study since most of the work needed to
provide flow for the GWRS Final Expansion involves the modification to Sanitation
District facilities. By supporting the GWRS Final Expansion, the Sanitation District will
be able to recycle a majority of its wastewater.
The Sanitation District advertised a Request for Proposal (RFP) and three proposals
were received. The three proposals were evaluated and ranked. CDM Smith, Inc. was
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selected as the most qualified firm. Staff recommends awarding a Professional
Services Agreement (PSA) to CDM Smith, Inc. for an amount not to exceed $2,008,510.
Staff is requesting a budget increase of $450,000, since the Consultant fee came in
$500,000 greater than was estimated in the current budget.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
GWRS is the world's largest membrane purification system for indirect potable reuse.
GWRS uses the Sanitation District's Plant No. 1 secondary treated wastewater that
would have previously been discharged into the Pacific Ocean and purifies it using a
three-step advanced treatment process consisting of microfiltration, reverse osmosis,
and ultraviolet light with hydrogen peroxide. The process produces high-quality water
that exceeds all state and federal drinking water standards. GWRS produces 70 Million
Gallons a Day (MGD) of near-distilled quality water. This is enough water to meet the
needs of nearly 600,000 residents in north and central Orange County. The initial
design and construction of the GWRS was a project jointly-funded by OCWD and the
Sanitation District, and has been operational since 2008.
OCWD is working to complete the GWRS Initial Expansion project, which will allow the
GWRS facility to produce 100 MGD of potable reuse water. The GWRS Initial
Expansion is currently in construction and scheduled to be complete in summer of 2015.
The Sanitation District is modifying their operations to provide up to 120 MGD of
secondary treated effluent to OCWD for the GWRS Initial Expansion.
This project will study the options available to provide secondary effluent to OCWD for
the GWRS Final Expansion. Upon completion of the GWRS Final Expansion, the
GWRS facility will have the capacity to produce 130 MGD of potable reuse water.
Project Scope of Work:
This study will look at treatment plant and conveyance modifications needed to support
the GWRS Final Expansion. Modifications to be evaluated include investigating Plant
No. 2 effluent as a water source for GWRS and the conveyance system needed to
deliver the water to GWRS, as well as waste stream segregation and management
modifications. The study will also identify any environmental impacts and permit
modifications attributed with additional recycling. The study shall also determine the
amount of effluent that would be available for reuse after supplying the GWRS Final
Expansion, and identify potential opportunities for recycling any remaining water.
Request for Proposal (RFP):
The evaluation and selection process is based on procedures pursuant to the California
Government Code requiring the Sanitation District to select the best qualified firm for
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architectural and engineering services, and to negotiate a fair and reasonable fee with
that firm.
An RFP which outlined Consultant Scope of Work and criteria required for this project
was advertised on December 17, 2014 in the Orange County Register. Furthermore, an
email notification was sent to all engineering consultants registered in the categories of
Architecture & Engineering; Design; and Engineering — General, in the Sanitation
District vendor database. As a result, three proposals were received on February 4,
2015. A Staff Evaluation/Screening Committee consisting of five representatives from
the Sanitation District and OCWD reviewed and ranked each of the proposals in
accordance with the evaluation process set forth in Sanitation District Ordinance
No. OCSD-44, Section 3.02. A representative from the Contracts Administration
Division participated in the evaluation process as a non-voting member. The proposals
were evaluated according to the following three criteria: (1) project understanding and
approach; (2) related project experience; and (3) project team and staff qualifications.
After reviewing and scoring the proposals, the three Consultant firms were ranked
according to the score achieved. Pursuant to the results of the ranking, the Evaluation
Committee selected CDM Smith, Inc. as the top-ranked firm as shown in Table 1.
TABLE
PROPOSAL EVALUATION*
CDM Smith, RMC Water MWH
Consultant Inc. d Americas,
nc.
Evaluator Environment Inc.
Reviewer A 1 2 3
Reviewer B 1 2 3
Reviewer C 1 2 3
Reviewer D 1 2 3
Reviewer E 1 2 3
Overall Ranking 1 2 3
Proposal Fee $2,428,470 NA NA
Negotiated Fee $2,008,510 NA NA
Pro osal
Based on scores after interview
CDM Smith, Inc. was ranked highest by all five members of the Evaluation Committee
based on their understanding of the challenges of the project, a clear and efficient
approach for generating an Implementation Plan that addresses the Sanitation District's
goals, and a streamlined and highly-qualified project team.
The proposals were accompanied by a sealed fee proposal estimate. The fee proposal
estimate of the highest-ranked firm was not opened until the proposals were evaluated
and a top-ranked firm was selected in accordance with Sanitation District Ordinance
Page 3 d 4
No. OCSD-44. Staff conducted negotiations with CDM Smith, Inc. to clarify the
requirements of the Scope of Work and their proposed work effort.
During the negotiation meeting, the project Scope of Work, level of effort, and
assumptions were discussed and clarified as required for the completion of the Scope of
Work for the project. As a result of these negotiations, CDM Smith, Inc. submitted a
revised not-to-exceed budget of$2,008,510.
Based on the above, staff determined the final cost proposal to be fair and reasonable
for the Scope of Work and recommends awarding the PSA to CDM Smith, Inc. for an
amount not to exceed $2,008,510. The final cost proposal is in line with previous
Sanitation District projects with similar engineering, environmental efforts, and schedule
durations.
CEQA
This project is exempt from CEQA pursuant to CEQA Guidelines, Section 15262. A
Notice of Exemption was filed on April 14, 2011.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This complies with the authority levels in the Sanitation District's Purchasing Ordinance.
This item has been budgeted by a Board of Directors' action in June 2014 (FY2014-15,
Section 8, Page 117) and the project budget is insufficient for the recommended action.
Staff recommends increasing the project budget by $450,000 from the Replacement,
Refurbishment, and Rehabilitation Line Item to fund this study.
Date of Approval Contract Amount Continaencv
04/22/15 $2,008,510 $200,850 10%
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
Professional Services Agreement
CM:sa:gc
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 22n' day of
April, 2015, by and between the ORANGE COUNTY SANITATION DISTRICT,
hereinafter referred to as "SANITATION DISTRICT', and CDM Smith, Inc., for purposes
of this AGREEMENT hereinafter referred to as "CONSULTANT'. The SANITATION
DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or
individually as a "Party."
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a consultant for
Project No. SP-173, Effluent Release Study, to provide professional services and
provide services; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in
connection with these requirements and has agreed to provide the necessary
professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the
selection of professional services and has proceeded in accordance with said
procedures to select CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on April 22, 2015, the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee to approve
this AGREEMENT between the SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which
will result to the parties in carrying out the terms of this AGREEMENT, it is mutually
agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional services to accomplish
those project elements outlined in the Scope of Work attached hereto as
"Attachment A", and by this reference made a part of this AGREEMENT.
A. The CONSULTANT shall be responsible for the professional quality,
technical accuracy, and completeness and coordination of the work and
services furnished by the CONSULTANT under this AGREEMENT,
including the work performed by its Subconsultants. Where approval by
the SANITATION DISTRICT is indicated, it is understood to be conceptual
approval only and does not relieve the CONSULTANT of responsibility for
complying with all applicable laws, regulations, codes, industry standards
and liability for damages caused by errors, omissions, noncompliance with
industry standards, and/or negligence on the part of the CONSULTANT or
its Subconsultants.
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B. CONSULTANT is responsible for the quality of work prepared under this
AGREEMENT and shall ensure that all work is performed to the prevailing
standards of engineering practice for clarity, uniformity, and completeness.
CONSULTANT shall timely respond to all comments, suggestions, and
recommendations from the SANITATION DISTRICT. All comments from
the SANITATION DISTRICT, or its agent, shall be incorporated into the
work prior to the next review deadline or addressed, in writing, as to why
the comment(s) has/have not been incorporated. Notwithstanding any
provision herein to the contrary, CONSULTANT shall exercise the same
degree of care, skill, and diligence in the performance of the services as is
ordinarily possessed and exercised by a professional under similar
circumstances.
C. In the event that CONSULTANT's services and/or work product(s) is not to
the satisfaction of the SANITATION DISTRICT and/or does not conform to
the requirements of this AGREEMENT or the applicable industry
standards, the CONSULTANT shall, without additional compensation,
promptly correct or revise any errors or deficiencies in its work product(s)
within the timeframe specified by the Project Manager. The SANITATION
DISTRICT may charge to CONSULTANT all costs, expenses and
damages associated with any such corrections or revisions.
D. Any CADD drawings, figures, and other work produced by CONSULTANT
and Subconsultants using the SANITATION DISTRICT CAD Manual.
Conversion of CADD work from any other non-standard CADD format to
the SANITATION DISTRICT format shall not be acceptable in lieu of this
requirement.
Electronic files shall conform to the SANITATION DISTRICT
specifications. Any changes to these specifications by the CONSULTANT
are subject to review and require advance written approval of the
SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of fifteen (15)
calendar days during which the SANITATION DISTRICT shall perform
appropriate reviews and including CAD Manual compliance.
CONSULTANT shall correct any discrepancies or errors detected and
reported within the acceptance period at no additional cost to the
SANTITATION DISTRICT.
E. All professional services performed by the CONSULTANT, including, but
not limited to, all drafts, data, correspondence, proposals, and reports
compiled or composed by the CONSULTANT, pursuant to this
AGREEMENT, are for the sole use of the SANITATION DISTRICT, its
agents and employees. Neither the documents nor their contents shall be
released to any third party without the prior written consent of the
SANITATION DISTRICT. This provision does not apply to information that
(a) was publicly known, or otherwise known to the CONSULTANT, at the
time that it was disclosed to the CONSULTANT by the SANITATION
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DISTRICT, or(b) subsequently becomes publicly known to AMRN TO AGENDA
CONSULTANT other than through disclosure by the SANITATION
DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed Two Million, Eight
Thousand, Five Hundred Ten Dollars (2,008,510.00) Total compensation to
CONSULTANT including burdened labor (salaries plus benefits), overhead,
profit, direct costs, and Subconsultanl(s)fees and costs shall not exceed the sum
set forth in Attachment"E" - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits)actually paid by CONSULTANT
charged on an houdy-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment"E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
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Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E"- Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per Attachment"J"— Minor Subconsultant Hourly Rate Schedule and as
specified in the Scope of Work. The SANITATION DISTRICT shall pay to
CONSULTANT the actual costs of Subconsultant fees and charges in an amount
not to exceed the sum set forth in Attachment"E"- Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment"D"-Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2 -COMPENSATION above.
G. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment"D"-Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan' as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.asa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical
means or management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem" as deemed the most
practical.
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT geographical area which includes Orange, Los Angeles, Ventura, San
Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile
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RETURN TO AGENDA
mileage is reimbursable if CONSULTANT is required to utilize personal vehicle
for local travel.
Lodging— Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment"D"-Allowable Direct Costs of this Agreement.
H. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
own risk. This written notice shall be provided separately from, and in addition to
any notification requirements contained in the CONSULTANT's invoice and
monthly progress report. Failure to notify the SANITATION DISTRICT that the
services cannot be completed within the authorized not-to-exceed amount is a
material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right
to approve a reallocation of the incremental amounts constituting the Total
Compensation, provided that the Total Compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a
detailed breakdown of costs associated with the performance of any
corrections or revisions of the work for that invoicing period, in a format
acceptable to the SANITATION DISTRICT. CONSULTANT shall warrant
and certify the accuracy of these costs and provide all support
documentation required by the SANITATION DISTRICT. CONSULTANT
understands that submitted costs are subject to Section 11 Audit
Provisions.
B. CONSULTANT will submit monthly statements covering services and/or
work performed for payment for those items included in Section 2 hereof
no later than the second Wednesday of the following month and in the
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format required by the SANITATION DISTRICT. The format must include,
as a minimum: 1) current billing period invoicing, 2) current billing period
"total percent invoiced to date", 3) future activities, 4) previous billing
period "total invoiced to date", 5) potential items that are not included in
the Scope of Work, 6) concerns and possible delays, 7) percentage of
completion to date, and 8) budget status and amount remaining. Such
requests shall be accompanied by such supporting data as may be
required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one
hundred percent (100%) of the invoiced amount.
If the SANITATION DISTRICT determines that the work under this
AGREEMENT or any specified project element hereunder, is incomplete
and that the amount of payment is in excess of:
I. The amount considered by the SANITATION DISTRICT's Director
of Engineering to be adequate for the protection of the
SANITATION DISTRICT; or
ii. The percentage of the work accomplished for each project element,
The SANITATION DISTRICT may, at the discretion of the Director of
Engineering, retain an amount equal to that which insures that the total
amount paid to that date does not exceed the percentage of the
completed work for the Project in its entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 -COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for
under the terms of this AGREEMENT, and upon acceptance of such work
by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid
balance of any money due for such work based on the monthly
statements, including any retained percentages relating to this portion of
the work.
E. Upon satisfactory completion of the work performed hereunder and prior
to final payment under this AGREEMENT for such work, or prior
settlement upon termination of this AGREEMENT, and as a condition
precedent thereto, CONSULTANT shall execute and deliver to the
SANITATION DISTRICT a release of all claims against the SANITATION
DISTRICT arising under or by virtue of this AGREEMENT other than such
claims, if any, as may be specifically exempted by CONSULTANT from
the operation of the release in stated amounts to be set forth therein.
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F. Pursuant to the California False Claims Act (Government CipA
12650-12655), any CONSULTANT that knowingly submits a false claim to
the SANITATION DISTRICT for compensation under the terms of this
AGREEMENT may be held liable for treble damages and up to a $107000
civil penalty for each false claim submitted. This section shall also be
binding on all Subconsultants.
A CONSULTANT or Suboonsultant shall be deemed to have submitted a
false claim when the CONSULTANT or Subconsultant: (a) knowingly
presents or causes to be presented to an officer or employee of the
SANITATION DISTRICT a false claim or request for payment or approval;
(b) knowingly makes, uses, or causes to be made or used a false record
or statement to get a false claim paid or approved by the SANITATION
DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by
getting a false claim allowed or paid by the SANITATION DISTRICT; (d)
knowingly makes, uses, or causes to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to the
SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent
submission of a false claim to the SANITATION DISTRICT, and fails to
disclose the false claim to the SANITATION DISTRICT within a
reasonable time after discovery of the false claim.
5. PREVAILING WAGES
A. To the extent CONSULTANT intends to utilize employees who will perform
work during the contract, as more specifically defined under Labor Code
Section 1720, CONSULTANT shall be subject to prevailing wage
requirements with respect to such employees.
6. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE
A. Ownership of Documents for the Professional Services performed.
All documents in all forms (electronic, paper, etc.), including, but not
limited to, studies, sketches, drawings, computer printouts, disk files, and
electronic copies prepared in connection with or related to the Scope of
Work or Professional Services, shall be the property of the SANITATION
DISTRICT. The SANITATION DISTRICT's ownership of these documents
includes use of, reproduction or reuse of and all incidental rights, whether
or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownership entitlement arises upon payment or
any partial payment for work performed and includes ownership of any
and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated:
a) by the completion of the AGREEMENT, or b) in accordance with other
provisions of this AGREEMENT. Notwithstanding any other provision of
this paragraph or AGREEMENT, the CONSULTANT shall have the right to
make copies of all such plans, studies, sketches, drawings, computer
printouts and disk files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by
subsequent changes to or uses of the study or deliverable where the
subsequent changes or uses are not authorized or approved by
CONSULTANT, provided that the service rendered by CONSULTANT was
not a proximate cause of the damage.
7. INSURANCE
A. General
I. Insurance shall be issued and underwritten by insurance
companies acceptable to the SANITATION DISTRICT.
I. Insurers must have an "A-" Policyholder's Rating, or better, and
Financial Rating of at least Class Vill, or better, in accordance with
the most current A.M. Best's Guide Rating. However, the
SANITATION DISTRICT will accept State Compensation Insurance
Fund, for the required policy of Worker's Compensation Insurance
subject to the SANITATION DISTRICT's option to require a change
in insurer in the event the State Fund financial rating is decreased
below "B". Further, the SANITATION DISTRICT will require
CONSULTANT to substitute any insurer whose rating drops below
the levels herein specified. Said substitution shall occur within
twenty (20) days of written notice to CONSULTANT, by the
SANITATION DISTRICT or its agent.
III. Coverage shall be in effect prior to the commencement of any work
under this Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage: Two
Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000)
aggregate. Said insurance shall include coverage for the following hazards:
Premises-Operations, blanket contractual liability(for this Agreement), products
liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse
and Underground) and Riggers/On Hook Liability must be included in the
General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
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primary insurance or a combination of policies of primary and u �
coverage. Umbrella excess liability coverage shall be issued wit imi s o is i ay
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
D. AutomotiveNehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of One Million Dollars ($1,000,000) or
alternatively, One Million Dollars ($1,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage. A statement
on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement.
E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is Stale
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Two Million Dollars
($2,000,000)with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
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CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10)days prior to the
expiration of each policy term.
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (5/2010)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 10 01 and CG 2037 10 01
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier for the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30)days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010)shall state the
required thirty(30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty(30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Risk Management,
Div. 260, and shall be received by the SANITATION DISTRICT not less than
PSA -10- SP-173
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thirty (30)days prior to the effective date of the change(s) if the change would
reduce coverage or increase deductibles or SIR amounts or otherwise reduce or
limit the scope of insurance coverage provided to the SANITATION DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds" clause.
K. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
M. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultanl's operations and work.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
8. SCOPECHANGES
In the event of a change in the Scope of Work or a change in the proposed
Project, as requested by the SANITATION DISTRICT, the Parties hereto shall
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execute an Amendment to this AGREEMENT setting forth with particularity all
terms of the new AGREEMENT, including, but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of
this AGREEMENT, the names and full description of all Subconsultants and
CONSULTANT's project team members anticipated to be used on this Project
under this AGREEMENT by CONSULTANT. CONSULTANT shall include a
description of the work and services to be done by each Subconsultant and each
of CONSULTANT's Project team member. CONSULTANT shall include the
respective compensation amounts for CONSULTANT and each Subconsultant,
broken down as indicated in Section 2- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's
project team members without prior written approval by the SANITATION
DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered
engineers and a staff of specialists and draftsmen in each department. The firm
itself is not a registered engineer but represents and agrees that wherever, in the
performance of this AGREEMENT, the services of a registered engineer is
required, such services hereunder will be performed under the direct supervision
of registered engineers who are registered in California.
11. AUDIT PROVISIONS.
A. SANITATION DISTRICT retains the reasonable right to access, review,
examine, and audit, any and all books, records, documents and any other
evidence of procedures and practices that the SANITATION DISTRICT
determines are necessary to discover and verify that the CONSULTANT is
in compliance with all requirements under this AGREEMENT. The
CONSULTANT shall include the SANITATION DISTRICT's right as
described above, in any and all of their subcontracts, and shall ensure that
these rights are binding upon all Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's
books, records, documents and any other evidence of procedures and
practices that the SANITATION DISTRICT determines are necessary to
discover and verify all direct and indirect costs, of whatever nature, which
are claimed to have been incurred, or anticipated to be incurred or to
ensure CONSULTANT's compliance with all requirements under this
AGREEMENT during the term of this AGREEMENT and for a period of
three (3) years after its termination.
C. CONSULTANT shall maintain complete and accurate records in
accordance with generally accepted industry standard practices and the
SANITATION DISTRICT's policy. The CONSULTANT shall make
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available to the SANITATION DISTRICT for review and audit, all project
related accounting records and documents, and any other financial data
within 15 days after receipt of notice from the SANITATION DISTRICT.
Upon SANITATION DISTRICT's request, the CONSULTANT shall submit
exact duplicates of originals of all requested records to the SANITATION
DISTRICT. If an audit is performed, CONSULTANT shall ensure that a
qualified employee of the CONSULTANT will be available to assist
SANITATION DISTRICT's auditor in obtaining all Project related
accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent
contractor and nothing herein shall be deemed to transform CONSULTANT, its
staff, independent contractors, or Subconsultants into employees of the
SANITATION DISTRICT. CONSULTANT'S staff performing services under the
AGREEMENT shall at all times be employees and/or independent contractors of
CONSULTANT. CONSULTANT shall monitor and control its staff and pay
wages, salaries, and other amounts due directly to its staff in connection with the
AGREEMENT. CONSULTANT shall be responsible for hiring, review, and
termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the
terms of this AGREEMENT, or changes thereto, shall be effected by delivery of
said notices in person or by depositing said notices in the U.S. mail, registered or
certified mail, return receipt requested, postage prepaid and addressed as
follows:
ORANGE COUNTY SANITATION DISTRICT
P.O. Box 8127
Fountain Valley, CA 92728-8127
Attention: Sarah L. Strader, Senior Contracts Administrator
Copy: Cindy Murra, Asset Manager
CONSULTANT:
CDM Smith, Inc.
Lanaya Voelz, P.E.
111 Academy Way, Suite 150
Irvine, CA 92617
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT staff must be approved
in writing by the SANITATION DISTRICT's Project Manager prior to action from
the CONSULTANT.
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14. TERMINATION
The SANITATION DISTRICT may terminate this AGREEMENT at any time,
without cause, upon giving thirty (30) days written notice to CONSULTANT. In
the event of such termination, CONSULTANT shall be entitled to compensation
for work performed on a prorated basis through and including the effective date
of termination.
CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)
days written notice only if CONSULTANT is not compensated for billed amounts
in accordance with the provisions of this AGREEMENT, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT at the
address listed in Paragraph 13.
15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this Project shall become the property of
the SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, electronic materials, computation and study
materials in its files pertaining to the work described in this AGREEMENT, which
is requested in writing by the SANITATION DISTRICT.
16. COMPLIANCE
CONSULTANT certifies by the execution of this AGREEMENT that it pays
employees not less than the minimum wage as defined by law, and that it does
not discriminate in its employment with regard to race, color, religion, sex or
national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it
agrees to demonstrate positively and aggressively the principle of equal
opportunity in employment.
17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each
individual executing this document by and on behalf of each Party is a person
duly authorized to execute this AGREEMENT for that Party.
18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this AGREEMENT, the dispute shall be resolved by binding
arbitration under the auspices of the Judicial Arbitration and Mediation Service
("JAMS"), or similar organization or entity conducting alternate dispute resolution
services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative
Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
PSA -14- SP-173
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Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
costs and necessary disbursements in addition to any other relief to which he
may be entitled.
20. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted
industry and professional standards. If, within the 12-month period following
completion of its services, the SANITATION DISTRICT informs CONSULTANT
that any part of the services fails to meet those standards, CONSULTANT shall,
within the time prescribed by the SANITATION DISTRICT, take all such actions
as are necessary to correct or complete the noted deficiency(ies).
21. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims")which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A)the active negligence or willful misconduct of the Indemnified Parties; or
(B)a natural disaster or other act of God, such as an earthquake; or
(C)the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT's liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to
limit CONSULTANT's indemnification obligation or other liability hereunder. The terms
of this Agreement are contractual and the result of negotiation between the parties
PSA -15- SP-173
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8M841.1
hereto. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654)that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
22. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the
duty to indemnify and such duty to defend shall exist regardless of any ultimate
liability of CONSULTANT and shall be consistent with Civil Code section 2782.8.
Such defense obligation shall arise immediately upon presentation of a Claim by
any person if, without regard to the merit of the Claim, such Claim could
potentially result in an obligation to indemnify one or more Indemnified Parties,
and upon written notice of such Claim being provided to CONSULTANT.
Payment to CONSULTANT by any Indemnified Party or the payment or advance
of defense costs by any Indemnified Party shall not be a condition precedent to
enforcing such Indemnified Party's rights to indemnification hereunder. In the
event a final judgment, arbitration, award, order, settlement, or other final
resolution expressly determines that the claim did not arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the
CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT
for the reasonable costs of defending the Indemnified Parties against such
claims.
CONSULTANT'S indemnification obligation hereunder shall survive the
expiration or earlier termination of this AGREEMENT until such time as action
against the Indemnified Parties for such matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
23. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT
policies and procedures including the Safety Manual, as applicable, all of which
may be amended from time to time.
24. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
AGREEMENT is fully complete and that the SANITATION DISTRICT requires no
further work from CONSULTANT, or the AGREEMENT is otherwise terminated
or expires in accordance with the terms of the AGREEMENT, the SANITATION
DISTRICT shall give the Consultant written notice that the AGREEMENT will be
closed out. CONSULTANT shall submit all outstanding billings, work submittals,
deliverables, reports or similarly related documents as required under the
AGREEMENT within thirty (30) days of receipt of notice of AGREEMENT
closeout.
Upon receipt of CONSULTANT'S submittals, the SANITATION DISTRICT shall
commence a closeout audit of the AGREEMENT and will either:
I. Give the CONSULTANT a final AGREEMENT Acceptance: or
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ii. Advise the CONSULTANT in writing of any outstanding item or items
which must be furnished, completed, or corrected at the CONSULTANT'S
cost.
CONSULTANT shall be required to provide adequate resources to fully support
any administrative closeout efforts identified in the AGREEMENT Such support
must be provided within the timeframe requested by the SANITATION
DISTRICT.
Notwithstanding the final AGREEMENT acceptance, the CONSULTANT will not
be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of
its obligations to complete any portions of the work, the non-completion of which
were not disclosed to the SANITATION DISTRICT (regardless of whether such
nondisclosures were fraudulent, negligent, or otherwise), and the CONSULTANT
shall remain obligated under all those provisions of the AGREEMENT which
expressly or by their nature extend beyond and survive final AGREEMENT
Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall
not be deemed to be acceptance of the work by the SANITATION DISTRICT for
any purpose nor imply acceptance of, or agreement with, the CONSULTANT's
request for final Agreement Acceptance.
24. COMPLIANCE WITH SANITATION DISTRICE POLICIES AN PROCECURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT
policies and procedures including the Safety Manual, as applicable, all of which
may be amended from time to time.
25. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the
subject matter thereof.
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IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the
SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT
as of the day and year first above written.
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Clerk of the Board Date
CDM SMITH, INC.
By
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts/Purchasing Manager
Attachments: Attachment"A"—Scope of Work
Attachment"B"—Not Used
Attachment"C"— Not Used
Attachment"D"—Allowable Direct Costs
Attachment"E"—Fee Proposal Form
Attachment"F"— Not Used
Attachment"G"—Cost Matrix
Attachment"H"— Not Used
Attachment"I"— Not Used
Attachment"J"—Minor Subconsultant Hourly Rate Schedule
Attachment'K"—OCSD Safety Standards
SS:ds
PSA -18- SP-173
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OPERATIONS COMMITTEE Meeengcate TOBe.orDi,.
o4/o1/is oa/z2/is
AGENDA REPORT Item Number Item Number
0
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: OXYGEN PLANT DEMOLITION AT PLANT NO. 2,
PROJECT NO. SP-129
GENERAL MANAGER'S RECOMMENDATION
Cancel the construction contract awarded on November 19, 2014 to W.M. Lyles Co. for
Oxygen Plant Demolition at Plant No. 2, Project No. SP-129, for convenience.
SUMMARY
Oxygen Plant Demolition at Plant No. 2, Project No. SP-129, will demolish abandoned
cryogenic oxygen generation equipment that was originally constructed in 1983. The
oxygen generation facilities had been used to supply high purity oxygen to the Activated
Sludge Plant until late 2012. The Orange County Sanitation District (Sanitation District)
then began purchasing liquid oxygen to avoid the higher cost of on-site generation.
On September 23, 2014, bids for construction were opened. W.M. Lyles (WML) was
the lowest responsive and responsible bidder among four bidders and was awarded the
construction contract for $1,214,105 on November 19, 2014. The construction notice to
proceed has not yet been issued.
WML's bid price was based on a particular subcontractor, Ranch Cryogenics, Inc. (RCI),
providing approximately $500,000 worth of dismantling services in return for possession
of the oxygen generation equipment and no monetary compensation. (The bid
documents make all equipment and material to be demolished, the property of the
Contractor, to sell, salvage as scrap, or discard).
RCI specializes in oxygen generation facilities, and had a committed customer who had
a particular use for the equipment. Shortly after award of the construction contract,
however, that customer cancelled their project due to a sudden drop in oil prices.
Following that development, WML and RCI unsuccessfully attempted to identify other
potential buyers. Based on this unforeseeable change in market conditions, WML
requested the construction contract be cancelled at no cost to either party.
Page 1 d 2
The drastic change in market conditions that led to this situation were outside of the
Contractor's and the Sanitation District's control. On the basis of fairness and
reasonableness, staff recommends that the SP-129 construction contract be cancelled
using Termination for Convenience with no compensation to either party. If the
recommended action is approved, staff will rebid the work.
Alternatively, the Sanitation District may issue the notice to proceed and expect WML to
perform the work per the original contract requirements.
PRIOR COMMITTEE/BOARD ACTIONS
November, 2014 —Awarded a construction contract to W.M. Lyles Co. for Oxygen Plant
Demolition at Plant No. 2, Project No. SP-129, for a total amount not to exceed
$1,214,105.
ADDITIONAL INFORMATION
N/A
CEQA
This project was categorically exempt from CEQA based on CEQA Guidelines, Class 2.
A notice of Exemption was filed on February 9, 2010.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
N/A
JM:dm:gc
Page 2 d 2
OPERATIONS COMMITTEE Meeting Dare TO ad.of Di,
oa/ol/1s --
AGENDA REPORT Item Number Item Number
u
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert D. Ghirelli, Assistant General Manager
SUBJECT: PROCUREMENT PROCESS
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Staff will present an informational overview on the Procurement Process.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
N/A
Page 1 of 1
OPERATIONS COMMITTEE Meebng[are To ad.of W.
oa/ol/1s --
AGENDA REPORT Item Number Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: CAPITAL IMPROVEMENT PROGRAM UPDATE
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Staff will present an informational overview on the status and performance of the Capital
Improvement Program (CIP) over the fiscal year to date.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
N/A
MP:dm:gc
Page 1 of 1
OPERATIONS COMMITTEE Meebng[are To ad.of W.
04,01/ls Item --
AGENDA REPORT Number Item Number
13
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: NEWPORT FORCE MAIN REHABILITATION, PROJECT NO. 5-60
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Staff will present an informational overview on the status of the Newport Force Main
Rehabilitation Project, Project No. 5-60, located in the City of Newport Beach.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
N/A
DF:dm
Page 1 of 1
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOO is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Glossary of Terms and Abbreviations
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.