HomeMy WebLinkAbout06-01-2016 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, June 1, 2016
Regular Meeting of the 5:00 P.M.
OPERATIONS COMMITTEE Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
10 (714) 593-7433
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Committee on any item,please complete a Speaker's
Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the
Clerk of the Board the item numberon which you want to speak. Speakers will be recognized by the Chairman
and 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: The Consent Calendar Items am considered to be routine and will be enacted,
by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for
separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve Minutes of the May 4, 2016 Operations Committee
Meeting.
2. ON-CALL CONTRACTOR SUPPORT SERVICES (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to: Approve
Amendment No. 1 to the On-Call Contractor Support Services Contract, Specification
No. S-2011-483BD, with Jamison Engineering Contractors, Inc., providing for
construction support, extending the contract period for a four month period from
July 1, 2016 to October 31, 2016, with no increase to the contract amount.
06/01/2016 Operations CommRtee Agenda Page 1 of 3
3. PLANT WATER SYSTEM REHABILITATION AT PLANT NO. 2, PROJECT NO.
132-101 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve a project
budget increase of $150,000 for Plant Water System Rehabilitation at Plant No. 2
included in the Proposed Budget for Fiscal Years 2016-17 and 2017-18 scheduled
to be approved at the June 22, 2016 Board of Directors meeting.
NON-CONSENT CALENDAR:
4. HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE
REALIGNMENT PROGRAM, PROJECT NO. P1-128 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement with LSA Associates, Inc. to
provide environmental services for the preparation of a California
Environmental Quality Act compliant document for the Headquarters
Complex, Site and Security, and Entrance Realignment Program,
Project No. P1-128 for an amount not to exceed $420,927; and
B. Approve a contingency of$42,093 (10%).
5. HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE
REALIGNMENT PROGRAM, PROJECT NO. P1-128 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with HDR Architecture,
Inc. to provide architectural and engineering design services for the
Headquarters Complex, Site and Security, and Entrance Realignment
Program, Project No. P1-128, for an amount not to exceed $11,785,709; and
B. Approve a contingency of$1,178,571 (10%).
INFORMATION ITEMS:
6. WORKFORCE PLANNING (Celia Chandler)
7. 2016-1712017-18 BUDGET PRESENTATION (Lorenzo Tyner)
DEPARTMENT HEAD REPORTS:
06/01/2016 Operations Committee Agenda Page 2 c f 3
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, July 6, 2016, 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.
Aaenda Posting: 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.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take
any action which is deemed appropriate.
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
Clerk of the Board
(714)593-7433
klorefdocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherbemfalocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhirellirrpocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthompsonRDocsd.com
Director of Environmental Services Jim Colston (714)593-7450 icolstonGDocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
06/01/2016 Operations Committee Agenda Page 3 of 3
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Orange County Sanitation District
Wednesday, May 4, 2016, 5:00 p.m.
A regular meeting of the Operations Committee was called to order by Committee Vice-
Chair Shawver on Wednesday, May 4, 2016 at 5:01 p.m. in the Administration Building.
Director Yarc led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
David Shawver, Vice-Chair Jim Herberg, General Manager
Tom Beamish Bob Ghirelli, Assistant General Manager
Ellery Deaton Celia Chandler, Director of Human Resources
Robert Kiley Rob Thompson, Director of Engineering
Richard Murphy Ed Torres, Director of Operations and Maintenance
Steve Nagel Kelly Lore, Clerk of the Board
Fred Smith Jeff Armstrong
Mariellen Yarc Jennifer Cabral
Greg Seboum, Board Vice-Chair Tanya Chong
Jim Colston
COMMITTEE MEMBERS ABSENT: Ron Coss
John Withers, Chair Don Cutler
Steve Jones Mike Dorman
Michelle Steel Dean Fisher
Chad Wanke Norbert Gala
John Nielsen, Board Chair Alfredo Garcia
Mark Manzo
Kathy Millea
Jeff Mohr
Cindy Murra
Lisa Rothbart
Mike White
Eros Yong
OTHERS PRESENT:
Brad Hogin, General Counsel
Michael Beverage, Alternate Director YLWD
Bob Ooten, Alternate Director CMSD
James Clark, Black & Veatch
05/N/2016 Opeations Committee Minutes Page 1 of 5
PUBLIC COMMENTS:
None.
REPORT OF COMMITTEE CHAIR:
Committee Vice-Chair Shawver did not provide a report.
REPORT OF GENERAL MANAGER:
General Manager Jim Herberg notified the committee that a Resolution will be
forthcoming in regards to the reduction of rates and tax collection, imposed by LAFCO, in
conjunction with the Local Sewer Transfer of service area 7 to East Orange County Water
District.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED, and DULY CARRIED TO: Approve Minutes of the
April 6, 2016 Operations Committee Meeting.
AYES: Beamish, Deaton, Kiley, Nagel, Sebourn, Shawver,
F. Smith, and Yarc
NOES: None
ABSTENTIONS: Murphy
ABSENT: Jones, Nielsen, Steel, Wanke, and Withers
2. CONTRACT FOR HYDROGEN PEROXIDE, SPECIFICATION NO.
C-2016-752BD (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award a contract to U.S. Peroxide, LLC dba USP Technologies for the
purchase of Hydrogen Peroxide, Specification No. C-2016-752BD, for the
period July 1, 2016 through June 30,2017 for a unit price of$1.88 per gallon
delivered, plus applicable sales tax, for a total estimated annual cost of
$1,020,000 with four one-year renewal options; and
B. Approve a unit price contingency of 10%.
AYES: Beamish, Deaton, Kiley, Murphy, Nagel, Sebourn, Shawver,
F. Smith, and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Jones, Nielsen, Steel, Wanks, and Withers
05/N/2016 Operations Committee Minutes Page 2 of 5
3. ENVIRONMENTAL COMPLIANCE REPORTS (Bob Ghirelli)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to: Receive and file environmental compliance reports: Biosolids
Management Compliance Report 2015; Semi-Annual Pretreatment Program
Report Fiscal Year 2015/2016 July-December; Annual Greenhouse Gas
Emissions Report 2015; and Annual Emission Report 2015.
AYES: Beamish, Deaton, Kiley, Murphy, Nagel, Sebourn, Shawver,
F. Smith, and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Jones, Nielsen, Steel, Wanks, and Withers
4. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres)
MOVED. SECONDED, and DULY CARRIED TO: Receive and file the Fiscal Year
2015/16 Third Quarter Odor Complaint Summary.
AYES: Beamish, Deaton, Kiley, Murphy, Nagel, Sebourn, Shawver,
F. Smith, and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Jones, Nielsen, Steel, Wanke, and Withers
NON-CONSENT CALENDAR:
Item pulled from consideration.
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MOVED, SECONDED and DULY CARRIED TO, Recommend to the Rnar1 of
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A- Approve a GaGpesat've Agreement fe. the n nnb n4'.. of the Sn t6.aAnt
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and
B— Approve aR RGF9a6e iR the projent budget from etn ee3 Ann to
Vice-Chair Sebourn recused himself and left the room during the discussion and vote of
Item No. 6.
Director of Engineering, Rob Thompson provided a brief presentation regarding
Item No. 6.
05/N/2016 Operations Committee Minutes Page 3 of 5
6. BIOGAS SCRUBBING PROCESS IMPROVEMENT (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to authorize staff to negotiate a Sole Source Contract with Carollo
Engineers, Inc. for a large-scale pilot testing of a biogas scrubbing process.
AYES: Beamish, Deaton, Kiley, Murphy, Nagel, Sebourn, Shawver,
F. Smith, and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Jones, Nielsen, Steel, Wanke, and Withers
INFORMATION ITEMS:
7. GWRS FINAL EXPANSION AND EFFLUENT REUSE STUDY UPDATE
(Rob Thompson)
Engineering Manager, Kathy Millea provided an informative PowerPoint
presentation regarding the Effluent Reuse Study including: Groundwater
Replenishment project challenges, implementation plan, cost estimates and
project schedules. Ms. Millea responded to questions regarding the exclusion of
the SARI line from Plant 1 and decreasing flows coming to the Sanitation District.
8. CAPITAL IMPROVEMENT PROGRAM (Rob Thompson)
Mr.Thompson also provided an informative PowerPoint presentation regarding the
FY 2016-17 and 2017-18 Capital Improvement Program (CIP) including: Annual
budget update process; drivers for new CIP projects; Condition assessment
program; CCTV inspections; proposed 10-year CIP spending; budget increases
and decreases; project cancellations and new projects and their estimated cost.
DEPARTMENT HEAD REPORTS:
Director of Operations and Maintenance, Ed Torres provided the Committee an overview
of the planned shutdown of the Plant and Control Center on May 3.The effort was initiated
to complete scheduled maintenance projects and also as an exercise to prepare our
agency for potential emergencies in the future. The Emergency Operations Center was
activated to monitor and track the event and Mr. Torres reported much success with only
minor problems.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
None.
05/04/2016 Operations Committee Minutes Page 4 of 5
ADJOURNMENT
At 5:58 p.m., Committee Vice-Chair Shawver declared the meeting adjourned to the next
scheduled meeting of Wednesday, June 1, 2016 at 5:00 p.m.
Submitted by,
Kelly A. Lore
Clerk of the Board
05/N/2016 Operations Committee Minutes Page 5 of 5
OPERATIONS COMMITTEE Meeting Date TOBG.Of Dir.
06101116
6 01 I6 06 22 16
AGENDA REPORT Item Number Item number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: ON-CALL CONTRACTOR SUPPORT SERVICES
GENERAL MANAGER'S RECOMMENDATION
Approve Amendment No. 1 to the On-Call Contractor Support Services Contract,
Specification No. S-2011-48313D, with Jamison Engineering Contractors, Inc., providing
for construction support, extending the contract period for a four month period from
July 1, 2016 to October 31, 2016, with no increase to the contract amount.
BACKGROUND
Contractor services, currently provided by Jamison Engineering Contractors, Inc., are
used to support condition and/or corrosion assessments (CCA's) by Orange County
Sanitation District (Sanitation District) staff. The Scope of Services includes, but is not
limited to: confined space entry support; confined space entry rescue; forced air
ventilation; pipe cleaning; closed circuit television surveys; and minor incidental repairs.
CCA's provide vital information with respect to the condition of and/or life expectancy of
critical plant and collections process structures. CCA's are a key component of the
Sanitation District's Civil Asset Maintenance Program (CAMP) and Capital Improvement
Program (CIP) projects during the planning, design, and construction of facilities both
inside the plants and for the collections system.
RELEVANT STANDARDS
• Protection of Orange County Sanitation District assets
• Ensure that the public's money is wisely spent
PROBLEM
Jamison Engineering Contractors, Inc. was deemed the most qualified responsive
contractor using a competitive Request for Proposal (RFP) process in 2011. The current
contract expires on June 30, 2016. An RFP procurement is ongoing for the new on-call
support contract expected to commence in September/October 2016. The process will
not be complete before expiration of the existing contract.
PROPOSED SOLUTION
In order to avoid a gap in service, an extension to the existing contract best meets the
Sanitation District's needs. This time extension will be made at no change to the cost of
Page 1 of 2
the existing agreement. The Sanitation District will terminate this contract when the new
one is activated.
RAMIFICATIONS OF NOT TAKING ACTION
There would be a delay and likely reduction in the number of corrosion assessments
during this four-month period, increasing the Sanitation District's risk of not detecting and
addressing a failed condition.
TIMING CONCERNS
A lapse in service will hinder staff's ability to continue with CCA's as part of the Sanitation
District's CAMP and CIP Programs.
PRIOR COMMITTEE/BOARD ACTIONS
July 2011 — Board of Directors approved an annual contract including four 1-year
renewals, with Jamison Engineering Contractors, Inc., for On-Call Contractor Support
Services, for a total annual amount not to exceed $875,273.
ADDITIONAL INFORMATION
The existing contract has approximately $400,000 of funds remaining. As a result,
additional funding is not necessary to support the CAMP and CIP projects during the
four-month period. Staff expects to request approval for the new procurement at the
September 2016 Operations Committee and Board Meetings. Approval of this contract
extension does not guarantee the total contract amount be paid to the Contractor should
services not be utilized.
CEQA
N/A
BUDGET / PURCHASING ORDINANCE COMPLIANCE
Funding for this project is included in the FY16/17 proposed operating budget. This
request complies with authority levels of the Sanitation District's Purchasing Ordinance
and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the
complete agenda package and attachments:
Amendment No. 1
Page 2 d 2
AMENDMENT NO. 1
To Service Contract
On-Call Contractor Support Services
Specification No. S-2011483BD
THIS AMENDMENT TO THE CONTRACT is made and entered into, to be effective on the date
last signed below, by and between Orange County Sanitation District hereinafter referred to as "OCSD"
with main offices located at 10844 Ellis Avenue, Fountain Valley, California 92708-7018 and Jamison
Engineering Contractors, Inc. with a principal business at 17197 Newhope Street, Suite J, Fountain Valley,
CA 92708 (hereinafter referred to as "Contractor") collectively referred to as the "Parties".
WHEREAS, OCSD and Contractor executed, delivered and entered into the Contract between
OCSD and Consultant, the effective date of which is July 27, 2011 ("the Contract"); and
WHEREAS, the Parties wish to amend the Contract to make certain modifications which shall be
called Amendment No. 1 ("Amendment"); and
WHEREAS, the Parties to the Contract desire that this Amendment be incorporated into the
Contract and become a part thereof from the beginning; and
WHEREAS, the Parties desire that the Contract as modified by this Amendment shall constitute
the sole and entire Contract among the Parties;
NOW, THEREFORE, in consideration of these premises and the mutual covenants contained
herein, the Parties agree to amend the Contract to:
1. Extend the term of the Contract through October 31, 2016
Except as expressly amended above, the Contract will remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Amendment No. 1 to be signed by the duly authorized representatives as of the day and year last signed
below.
Orange County Sanitation District Jamison Engineering Contractors, Inc.
By:
Contracts/Purchasing Manager Date Date
Name:
Chair, Board of Directors Date
Title:
Clerk of the Board Date
5116116
OPERATIONS COMMITTEE Melting Dat0 TOBE.Or Dir.
06/01/16 O6/22/16
AGENDA REPORT Item Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: PLANT WATER SYSTEM REHABILITATION AT PLANT NO. 2,
PROJECT NO. 132-101
GENERAL MANAGER'S RECOMMENDATION
Approve a project budget increase of$150,000 for Plant Water System Rehabilitation at
Plant No. 2 included in the Proposed Budget for Fiscal Years 2016-17 and 2017-18
scheduled to be approved at the June 22, 2016 Board of Directors meeting.
BACKGROUND
This project involves rehabilitation and/or replacement of deteriorated plant water pipes
and valves at Plant No. 2. Final completion of the construction contract was reached on
July 20, 2015. The only remaining work involves as-built documentation.
The Budget Update for Fiscal Year 2015-16 authorized a budget of $5,070,000 for the
project. Based on an estimate of actual costs incurred to date and remaining costs to
complete, staff concluded that the budget could be substantially reduced to $3,704,000.
The estimate, however, erroneously excluded previously-incurred project costs of
$150,000. The proposed budget should have included the requested budget.
RELEVANT STANDARDS
Efficiency efforts reduce the cost to provide the current service level or standard
PROBLEM
The budget for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101,
included in the Proposed Budget for Fiscal Years 2016-17 and 2017-18, scheduled to be
adopted at the June 2016 Board Meeting, will be insufficient to complete the project.
PROPOSED SOLUTION
Instead of reducing the budget from $5,070,000 to $3,704,000 as indicated in the
Proposed Budget for Fiscal Years 2016-17 and 2017-18, the budget should be reduced
only to $3,854,000. The budget reduction on this project from last year to this year would
be $1,216,000 instead of$1,366,000.
Page 1 of 2
TIMING CONCERNS
The project is in closeout and costs already incurred have exceeded the reduced amount
included in the Proposed Budget for Fiscal Years 2016-17 and 2017-18.
RAMIFICATIONS OF NOT TAKING ACTION
Without a revised project budget decrease, the remaining record documentation and
closeout activities cannot be completed.
PRIOR COMMITTEE/BOARD ACTIONS
The previously adopted Fiscal Year 2015-16 budget authorized a budget of $5,070,000
for the project.
ADDITIONAL INFORMATION
The project is successfully completed.
CEQA
A Notice of Exemption was filed and recorded on April 14, 2011.
FINANCIAL CONSIDERATIONS
This project has been included in the proposed Fiscal Year 2016-2018 budget, but for an
amount less than needed to complete the project. The additional $150,000 to be added
to the budget for this project is recommended to be moved from the Replacement,
Rehabilitation, and Refurbishment allocation shown on Line Item 14 of the Consolidated
Cash Flow Projections in the Proposed Budget for Fiscal Years 2016-17 and 2017-18,
Section 8 Page 64.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
VP:dm:gc
Page 2 of 2
OPERATIONS COMMITTEE Melting Dat0 TOBE.Of Dir.
06/01/16 O6/22/16
AGENDA REPORT ItemNumber Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE
REALIGNMENT PROGRAM, PROJECT NO. P1-128
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Services Agreement with LSA Associates, Inc. to provide
environmental services for the preparation of a California Environmental Quality
Act compliant document for the Headquarters Complex, Site and Security, and
Entrance Realignment Program, Project No. P1-128 for an amount not to exceed
$420,927; and
B. Approve a contingency of$42,093 (10%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) is moving forward on the
Headquarter Complex, Site and Security, and Entrance Realignment Program, Project
No. P1-128. The project will replace the existing Administration Building, Human
Resources Building, Purchasing Building, Laboratory, and multiple office trailers with a
new Headquarters Complex consisting of an Administration and Laboratory Building and
accomplish various associated site improvements in accordance with the Administrative
Facilities Implementation Plan and the Site Alternatives Evaluation.
RELEVANT STANDARDS
• Public Resources Code 21000 et. seq.
• CA Government Code 4526: Select the "best qualified firm' and "negotiate fair and
equitable fees"
• Meet CEQA standards
PROBLEM
State law requires that the Sanitation District conduct a review of environmental impacts
per the California Environmental Quality Act (CEQA) requirements prior to committing to
a project, such as purchasing land or preparing detailed designs. A full CEQA evaluation
is therefore needed to produce an Environmental Impact Report for this project.
Page 1 of 4
PROPOSED SOLUTION
Perform a CEQA evaluation and prepare an Environmental Impact Report to document
environmental concerns and develop any mitigation measures for this project.
TIMING CONCERNS
The schedule driver of this environmental review is to identify and disclose the
environmental impacts of the project prior to starting final design. The preliminary design
efforts will move forward simultaneously with the environmental work to minimize
escalated costs, to continue to progress towards permitted and ADA compliant buildings
per agreements with the City of Fountain Valley, and to minimize the length of time that
parking issues exist with the new front entry alignment which impacts parking for staff and
visitors.
RAMIFICATIONS OF NOT TAKING ACTION
The Headquarters Complex, Site and Security, and Entrance Realignment Program
cannot be performed without compliance with CEQA.
PRIOR COMMITTEE/BOARD ACTIONS
October 2015 — Designated the southwest corner of Plant No. 1 as the location for the
Headquarters Complex as the preferred alternative for CEQA evaluation under the
Headquarters Complex, Site and Security, and Entrance Realignment Program, Project
No. P1-128.
June 2015 — Established new project and budget for Headquarters Complex, Site and
Security, and Entrance Realignment Program, Project No. P1-128
ADDITIONAL INFORMATION
Request for Proposal:
A Request for Proposal (RFP) which describes the Consultant's Scope of Work required
for the project was advertised on December 10, 2015.
Proposals were received on February 2, 2016 from five firms: LSA Associates, Inc. (LSA);
AECOM Technical Services, Inc.; ICF International; Ultrasystems Environmental Inc.; and
ESA. A Staff Evaluation Committee consisting of three representatives from the
Engineering Department reviewed and ranked each of the proposals in accordance with
the evaluation process set forth in Orange County Sanitation District Ordinance No.
OCSD47. Two representatives from the Contracts Administration Division and another
representative from the Engineering Department participated in the evaluation process
as non-voting members. The proposals were evaluated according to: (1) project
understanding and approach; (2) applicable related project experience; and (3) project
team and staff qualifications.
Page 2 of 4
The Evaluation Committee reviewed the proposals and short-listed the top two firms to
meet the key team members and further evaluate the firms' qualifications. Pursuant to
the results of the interview, the Evaluation Committee selected LSA as the top-ranked
firm as shown in Table 1.
TABLE 1
PROPOSAL EVALUATION*
Consultant Evaluator LSA AECOM
Reviewer A 1 2
Reviewer B 1 2
Reviewer C 1 2
Overall Ranking 1 2
Proposal Fee $449,223 -
Negotiated Fee Proposal $420,927
Based on scores after interview
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals. In accordance with Orange
County Sanitation District Ordinance No. OCSD47, the fee proposal of only the highest
ranked firm was opened after approval by the Director of Engineering of the Evaluation
Committee's recommendation. Staff conducted negotiations with LSA to clarify the
requirements of the Scope of Work, the assumptions to be used for the estimated level
of effort, and the level of design detail required to meet the goals and objectives for the
project.
In evaluating whether the fee proposal was fair and reasonable, the following factors were
considered:
• The estimated level of effort was evaluated in detail for each phase, task, and
subtask, and found to be justified by the needs of the project, the agreed upon
assumptions, and the Sanitation District's expectation for the quality of services.
• The Consultant's fringe and overhead costs, which factor into the billing rate, is
reasonable and lower than other similar agreements. The contract profit is 5%,
which is based on the Sanitation District's standard design agreements.
Based on the above, staff has determined that the final negotiated fee is fair and
reasonable for the level of effort required for this project and recommends award of the
Professional Services Agreement to LSA Associates, Inc.
CEQA
This contract is to meet the CEQA requirements for the subject project.
Page 3 of 4
FINANCIAL CONSIDERATIONS
This complies with the authority levels in the Sanitation District's Purchasing Ordinance
No. OCSD-47. Budget for the project, Headquarters Complex, Site and Security, and
Entrance Realignment Program, Project No. P1-128, is included in the proposed budget
for Fiscal Years 2016-17 and 2017-18 recommended for adoption at the June 2016 Board
of Directors meeting.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the
complete agenda package:
Draft Professional Services Agreement
WS:dm:gc
Page 4 of 4
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the «EffectiveDate»
day of aEffectiveMonth», 2014, by and between the ORANGE COUNTY SANITATION
DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and «Company», 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
Environmental Services (CEQA)for the Headquarters Complex, Site and Security, and
Entrance Realignment Program, to provide professional services and provide services
for development of a comprehensive environmental document pursuant to California
Environmental Quality Act (CEQA) Guidelines for the Headquarters Complex, Site and
Security, and entrance Realignment Program; 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 «BoardMeetingDate» 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
PSA -1- P1-128
Revision 100815
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 highest
industry standardsfor 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 oomment(s) has/have 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 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 thirty (30)
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
DISTRICT, or(b) subsequently becomes publicly known to the
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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 «Grand Total Written
Amount» Dollars ($«Grand Total Amounts). 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.
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
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E"- Fee Proposal.
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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.cisa.goy/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
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
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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-fiver percent(75%)
of the not-to-excede 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
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
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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
H. 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.
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 $10,000
civil penalty for each false claim submitted. This section shall also be
binding on all Subconsultants.
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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
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. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS
(DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform Work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 at seq,
CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the
DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(3).
7. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE
A. Ownership of Documents for the Professional Services performed.
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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.
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.
8. 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: 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:
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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
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 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.
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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.
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
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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)
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.
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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.
9. 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
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.
10. 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.
11. 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.
12. 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 subcontractss, 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
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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.
13. 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.
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 and addressed as
follows:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Natasha K. Dubrovski
Copy: Daisy Covarrubias, Project Manager
CONSULTANT:
«Company»
aConsultantsName»
«Address»
aCityStateZip»
PSA -13- P1-128
Revision 100815
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.
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 at the
address listed in Paragraph 13.
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.
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.
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 this AGREEMENT 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.
PSA -14- P1-128
Revision 100815
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 he
may be entitled.
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(ies).
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
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
PSA -15- P1-128
Revision 100815
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 Agreemen
23. 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.
24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCESURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT
policies and procedures including the OCSD Safety Standards, as applicable, all
of which may be amended from time to time.
25. 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
PSA -16- P1-128
Revision 100815
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.
26. 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.
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.
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Clerk of the Board Date
PSA -17- P1-128
Revision 100815
xCompany»
By
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts/Purchasing 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 Number Rounding Instructions & Fee Proposal
Attachment"F"—Sample PSA Agreement
Attachment"G'—Sample Cost Matrix
Attachment "H"—Acknowledgement of Addenda Receipt
Attachment "I"— Acknowledgement of Contract Agreement
Attachment"J"—Minor Subconsultant Hourly Rate Schedule
Attachment"K"—OCSD Safety Standards
XX:xx
PSA -18- P1-128
Revision 100815
OPERATIONS COMMITTEE Melting Dat0 TOBE.Or Dir.
06/01/16 O6/22/16
AGENDA REPORT ItemNumber Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE
REALIGNMENT PROGRAM, PROJECT NO. P1-128
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Design Services Agreement with HDR Architecture, Inc.
to provide architectural and engineering design services for the Headquarters
Complex, Site and Security, and Entrance Realignment Program, Project No.
P1-128, for an amount not to exceed $11,785,709; and
B. Approve a contingency of$1,178,571 (10%).
BACKGROUND
In June 2015, the Board of Directors established the project and budget for Headquarters
Complex, Site and Security, and Entrance Realignment Program, Project No. P1-128,
based on the results of the Administrative Facilities Implementation Plan (AFIP).
In October 2015, the Board of Directors designated the southwest corner of Plant No. 1
as the preferred alternative for the new Administration and Laboratory Building due to the
short and long-term impacts of the Plant No. 1 main entry realignment proposed by
Orange County Transportation Authority caused by the California Department of
Transportation (Caltrans) 1-405 Widening Project that will revise the Ellis Avenue onramp
to the south bound 1405.
In December 2015, staff issued the Request for Proposals for the design of the
Headquarters Complex, associated site and security improvements, and entrance
modifications, and herein presents the results of the solicitation process.
RELEVANT STANDARDS
• Provide a safe and collegial workplace
• Maintain collaborative and cooperative relationships with neighboring agencies
• Ensure that assets/facilities blend in with the surrounding community
• Make it easy for people to understand OCSD's roles and value to the community
• Government Code 4526: Select the "best qualified firm' and "negotiate fair and
equitable fees"
Page 1 of 5
PROBLEM
Staff are spread throughout the plant in multiple aging buildings and trailers. The existing
administration buildings and laboratory are not code compliant, are in need of extensive
maintenance rehabilitation, and lack building permits with the City of Fountain Valley. The
Orange County Sanitation District (Sanitation District) is obligated to bring these facilities
up to code requirements by agreement with the City of Fountain Valley.
An Administrative Facilities Master Plan, completed in January 2014, evaluated the repair
versus replacement options for the existing buildings and trailers at Plant No. 1. Most
buildings and all trailers will realize the end of their useful life within a 30-year planning
horizon. The study estimated the repair of the existing facilities and uncoordinated
replacement at the end of the useful life of each building to be more expensive and more
disruptive over the long term, and had significantly more risk due to the unknown
conditions in the structures. Keeping staff spread throughout multiple buildings is not
conducive to a collaborative work environment.
The Headquarters Complex was originally envisioned to be in the north area of
Plant No. 1, but the 1-405 Widening Project presented short and long-term impacts that
were evaluated in a Site Alternatives Evaluation resulting in the relocation of the facilities
to the southwest area of Plant No. 1 as the primary option.
PROPOSED SOLUTION
The proposed project consists of the construction of a new Headquarters Complex
consisting of an Administration Building and a Laboratory Building in accordance with the
Administrative Facilities Implementation Plan and the Site Alternatives Evaluation in the
southwest comer of the plant which is bordered by Ward Street and Garfield Avenue.
Two alternatives shall be included in the CEQA evaluation, which are the north area of
Plant No. 1 in the location of the existing Administration and Human Resources Building
and across Ellis Avenue on land now occupied by businesses. HDR Architecture, Inc.
(HDR) will support the CEQA efforts for the three alternatives by providing necessary
information and exhibits.
If work does not proceed on the Headquarters Complex, then alternatives to rehabilitate
the existing buildings, replacement of existing trailers, and replacement of buildings that
reach the end of their useful life in a 30-year planning window would have to be
implemented at an overall higher life-cycle cost.
TIMING CONCERNS
The schedule driver of this project is to construct the new Headquarters Complex and
minimize investment in rehabilitation and maintenance of existing buildings and trailers.
Delays lead to additional maintenance expenditures on existing buildings and escalation
of construction costs.
Page 2 of 5
RAMIFICATIONS OF NOT TAKING ACTION
• Buildings are currently not in compliance with the Americans with Disability Act(ADA).
• Failure to comply with timing requirements in agreements with City of Fountain Valley
to address ADA compliance issues for existing buildings.
• Escalated construction cost.
• Additional funds expended over a 30-year planning horizon to rehabilitate and replace
existing buildings and trailers.
PRIOR COMMITTEE/BOARD ACTIONS
October 2015 — Designated the southwest corner of Plant No. 1 as the location for the
Headquarters Complex as the preferred alternative for CEQA evaluation under the
Headquarters Complex, Site and Security, and Entrance Realignment Program, Project
No. P1-128.
June 2015 — Established a new project and budget for Headquarters Complex, Site and
Security, and Entrance Realignment Program, Project No. P1-128.
ADDITIONAL INFORMATION
Request for Proposal:
A Request for Proposal which describes the Consultant's Scope of Work required for the
project was advertised on December 28, 2015.
Proposals were received on February 18, 2016 from two firms: Harley Ellis Devereaux
(HED) and HDR. A Staff Evaluation Committee consisting of five representatives from
Engineering, Planning, and Public Affairs Departments reviewed and ranked each of the
proposals in accordance with the evaluation process set forth in Purchasing
Ordinance No. OCSD-47. Five representatives from the Contracts Administration
Division, Laboratory, and the Engineering Department participated in the evaluation
process as non-voting members. The proposals were evaluated according to: (1) project
understanding and approach; (2) required qualifications; (3) applicable related project
experience; and (4) project team and staff qualifications.
The Evaluation Committee reviewed the proposals and interviewed both HED and HDR
to meet the key team members and further evaluate the firms' qualifications. Pursuant to
the results of the interview, the Evaluation Committee selected HDR as the top-ranked
firm as shown in Table 1.
Page 3 of 5
TABLE 1
PROPOSAL EVALUATION*
Consultant Evaluator HDR HIED
Reviewer A 1 2
Reviewer B 1 2
Reviewer C 1 2
Reviewer D 1 2
Reviewer E 1 2
Overall Ranking 1 2
Proposal Fee $12,374,914 -
Negotiated Fee Proposal $11,785,709
* Based on scores after interview
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals. In accordance with Orange
County Sanitation District Ordinance No. OCSD 47, the fee proposal of only the highest
ranked firm was opened after approval by the Director of Engineering of the Evaluation
Committee's recommendation. Staff conducted negotiations with HDR to clarify the
requirements of the Scope of Work, the assumptions to be used for the estimated level
of effort, and the level of design detail required to meet the goals and objectives for the
project.
In evaluating whether the fee proposal was fair and reasonable, the following factors were
considered:
• The estimated level of effort was evaluated in detail for each phase, task, and
subtask, and found to be justified by the needs of the project, the agreed upon
assumptions, and the Sanitation District's expectation for the quality of services.
• The Consultant's fringe and overhead costs, which factor into the billing rate is
reasonable and lower than other similar agreements. The contract profit is 5%,
which is based on the Sanitation District's standard design agreements.
Based on the above, staff has determined that the final negotiated fee is fair and
reasonable for the level of effort required for this project and recommends award of the
Professional Design Services Agreement to HDR.
CEQA
CEQA work will commence for Headquarters Complex, Site and Security, and Entrance
Realignment Program, Project No. 131-128, with the coinciding approval of an agreement
for professional services with LSA at the June 2016 Board of Directors meeting.
Page 4 of 5
FINANCIAL CONSIDERATIONS
This complies with the authority levels in the Sanitation District's Purchasing Ordinance.
Budget for the project, Headquarters Complex, Site and Security, and Entrance
Realignment Program, Project No. P1-128, is included in the proposed budget for Fiscal
Years 2016-17 and 2017-18 recommended for adoption at the June 2016 Board of
Directors meeting.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the
complete agenda package:
Draft Professional Design Services Agreement
WS:dm:gc
Page 5 of 5
PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the cdateu 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 Project
No. P1-128, Headquarters Complex, Site and Security, and Entrance Realignment Program;
and to provide Design services for architectural and engineering services including design and
construction support 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 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-47 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
PDSA PROJECT NO.Pl-128
Remed 092115 Headquarters Complex, Site and Security,and Entrance Realignment Program
Page 1 of 19
shall respond to all comments, suggestions, and recommendations on the
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 thirty (30)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
PDSA PROJECT NO.Pl-128
Remed 092115 Headquarters Complex, Site and Security,and Entrance Realignment Program
Page 2 of 19
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.
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 «Grand Total Written
Amount)) Dollars ($((Grand Total Amount»). 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-128
Remed 092115 Headquarters Complex, Site and Security,and Entrance Realignment Program
Page 3 of 19
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
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
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.clsa.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.
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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"Y-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
I. 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.
J. 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.
K. 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.
L. 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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M. 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.
N. 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.
S. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will perform
Work during the design and preconstruction phases of a construction contract for
which Prevailing Wage Determinations have been issued by the DIR and as more
specifically defined under Labor Code Section 1720 at seq, CONSULTANT and
Subconsultants shall comply with the registration requirements of Labor Code
Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to
compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
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D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(e).
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 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.
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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
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. Automotive/Vehicle 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. Workers 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
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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 Five Million Dollars
($5,000,000)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.
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.
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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
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.
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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-
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,
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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: Natasha K. Dubrovski, Principal Contracts Administrator
Copy: Wendy Sevenandt, Project Manager
Notices shall be mailed to CONSULTANT at:
«CONSULTANT COMPANY»
«Street Address»
((City, State Zip))
Attention: <(CONSULTANT's Representative)>
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.
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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, 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 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.
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
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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).
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
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.
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23. 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.
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
CONSULTANT shall be required to comply with all OCSD policies and procedures
including the OCSD Safety Standards, 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.
Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either:
PDSA PROJECT NO.Pl-128
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Page 17 of 19
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.
PDSA PROJECT NO.Pl-128
Revised 092115 Headquarters Complex, Site and Security,and Entrance Realignment Program
Page 18 of 19
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: COMPANYNAME
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"—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 Construction 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
JSK:ms
PDSA PROJECT NO.Pl-128
Remed 092115 Headquarters Complex, Site and Security,and Entrance Realignment Program
Page 19 of 19
OPERATIONS COMMITTEE Meeting Date To ad.ofDir.
06/01,16 —
AGENDA REPORT Item Number Item Number
6 —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Celia Chandler, Director of Human Resources
SUBJECT: WORKFORCE PLANNING
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
Each month, staff provides an informational presentation on topics of interest to the Board
of Directors. This month's topic is an overview of the Orange County Sanitation District's
Workforce Development efforts.
RELEVANT STANDARDS
• Provide for professional growth, development
• Positive employer, employee relations
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
Page 1 of 1
OPERATIONS COMMITTEE Meeting Date To ad.of DV
06/01,16 —
AGENDA REPORTItem Number Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: 2016-17/2017-18 BUDGET PRESENTATION
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Staff will provide an overview of the 2016-17 and 2017-18 Budgets, including District
revenues, Capital Improvement and Operating expenditures and long-term liabilities.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
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
CIP Capital Improvement Program
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
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
PCSA Professional Consultant Services Agreement
POTW Publicly Owned Treatment Works
ppm Parts per million
PSA Professional Services Agreement
RFP Request For Proposal
Glossary of Terms and Abbreviations
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAW PA 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 BOD 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.
Glossary of Terms and Abbreviations
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.
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 D(f 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.
NOMA- 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.
Glossary of Terms and Abbreviations
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.
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.