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09-07-2016 Operations Committee Agenda Packet
Orange County Sanitation District Wednesday, September 7, 2016 Regular Meeting of the a 5:00 P.M. OPERATIONS COMMITTEE Administration Building Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 (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 number on 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 are 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 Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.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 July 6, 2016 Operations Committee Meeting. 09/07/2016 Operations Committee Agenda Page 1 of 6 2. SANTA ANA RIVER INTERCEPTOR ROCK STABILIZERS REMOVAL, PROJECT NO. 2-41-8 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a budget increase of $303,000, increasing the project budget from $3,743,000 to $4,046,000; B. Approve a Professional Design Services Agreement with Michael Baker International, Inc. to provide engineering design services for the Santa Ana River Interceptor Rock Stabilizers Removal, Project No. 241-8,foran amount not to exceed $399,008; and C. Approve a contingency of$39,900 (10%). 3. DISTRICT 6 TRUNK SEWER RELIEF, PROJECT NO. 6-17 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Construction Services Agreement with RMC Water and Environment (RMC), to provide construction support services for District 6 Trunk Sewer Relief, Project No. 6-17, for a total amount not to exceed $290,000; and B. Approve a contingency of$43,500 (15%). 4. PLANT NO. 2 TRICKLING FILTER CHEMICAL ODOR CONTROL, PROJECT NO. FE13-04 (Rob Thompson) RECOMMENDATION: Increase the task order limit for Contract FE12-00-08 with GHD from $100,000 to $150,000 for Task Order FE12-00-08-03 to authorize the General Manager to negotiate and award additional engineering services related to Plant No. 2 Trickling Filter Chemical Odor Control, Project No. FE13-04. 5. GAS COMPRESSOR BUILDING PIPING REPLACEMENT AT PLANT 2, PROJECT NO. FE15-06 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: Increase the task order limit for Contract FE12-00-01 with Lee and Ro, Inc. from $100,000 to $160,000 for Task Order FE12-00-01-04 to authorize the General Manager to negotiate and award additional engineering services related to the Gas Compressor Building Piping Replacement at Plant 2, Project No. FE15-06. 09/07/2016 Operations Conwn tee Agenda Page 2 c f 6 6. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT 2, PROJECT NO. P2-92 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: A. Authorize out-of-country travel for three Orange County Sanitation District (Sanitation District) employees to observe testing in Germany of dewatered sludge piston pumps to be supplied under the Sludge Dewatering and Odor Control at Plant 2, Project No. P2-92, subject to the Sanitation District's travel policy; and B. Authorize out-of-country travel for three Orange County Sanitation District (Sanitation District) employees to observe testing in Sweden of dewatering centrifuges to be supplied under the Sludge Dewatering and Odor Control at Plant 2, Project No. 132-92, subject to the Sanitation District's travel policy. 7. AQUACRITOX® EVALUATION/DESIGN, PROJECT NO. SP-125-17 (Rob Thompson) A. Receive and file the AquaCritox° Demonstration Project Evaluation Study; and B. Authorize out-of-country travel for two Orange County Sanitation District (Sanitation District) employees to conduct a site visit to observe the operations and performance of the European Union-funded AquaCritox® project in Valencia, Spain, in connection with the AquaCritox® Evaluation/Design, Project No. SP-125-17, and all travel, lodging, and per diem costs in accordance with the Sanitation District's travel policy. 8. PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH, PROJECT NO. PS15-07 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Dudek to provide professional services for Pressurization and Odor Control Study at Newport Beach, Project No. PS15-07, for an amount not to exceed $256,478; and, B. Approve a contingency of$25,648 (10%). 9. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres) RECOMMENDATION: Receive and file the Fiscal Year 2015/16 Fourth Quarter Odor Complaint Summary. 09/07/2016 Operations Conwn tee Agenda Page 3 of 6 10. ON-CALL CONTRACTOR SUPPORT SERVICES SPECIFICATION NO. S-2016-772BD (Ed Torres) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Service Contract with Jamison Engineering for On-Call Contractor Support Services, Specification No. S-2016-77213D, for the period November 1, 2016 through October 31, 2017 for a total annual amount not to exceed $700,615, with four one-year renewal options; and B. Approve an annual contingency of$70,061 (10%). 11 . SEWER LINE CLEANING OF SMALL REGIONAL SEWER LINES SPECIFICATION NO. 5-2016-788BD (Ed Torres) RECOMMENDATION: A. Approve a Service Contract with Performance Pipeline Technologies for the cleaning services of approximately 60 miles of regional small sewers and manholes, Specification No. S-2016-78813D,for the period November 1, 2016 through October 31, 2017, for a total amount not-to-exceed $166,450, with four one-year renewal options; and B. Approve an annual contingency of$33,290 (20%). NON-CONSENT CALENDAR: 12. NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Cooperative Agreement between the Orange County Sanitation District and the City of Fullerton for pavement rehabilitation work on Yorba Linda Boulevard and State College Boulevard along a portion of the Newhope- Placentia Trunk Sewer Replacement, Segment A, Contract No. 2-72A, for an estimated amount of$600,000 to be reimbursed by the City of Fullerton; B. Approve a budget increase of $600,000 for the Newhope-Placentia Trunk Replacement, Project No. 2-72, for a total budget amount of $100,075,000; and C. Approve a contingency increase of $600,224 (2.84%) to the construction contract with Trautwein Construction Inc. for Newhope-Placentia Trunk Replacement, Segment A, Contract No. 2-72A, for a total contingency of $2,713,689 (12.84%). 09/07/2016 Operations Committee Agenda Page 4 c f 6 13. HEADWORKS MODIFICATIONS AT PLANT 2 FOR GWRS FINAL EXPANSION, PROJECT NO. P2-122 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: Establish a project for Headworks Modifications at Plant 2 for GWRS Final Expansion, Project No. P2-122, with a budget of $50,000,000. INFORMATION ITEMS: 14. ORANGE COUNTY SANITATION DISTRICT SECURITY PROGRAM (Celia Chandler) DEPARTMENT HEAD REPORTS: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Operations Committee meeting is scheduled for Wednesday, October 5, 2016, at 5:00 p.m. 09/07/2016 Operations Committee Agenda Page 5 of 6 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda 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 dale 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 Herbeig (714)593-7300 iherbera0locsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli(cbocsd.00m Director of Engineering Rob Thompson (714)593-7310 rthompsonrgocsd.com Director of Environmental Services Jim Colston (714)593-7450 icolstonci)ocsd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 09/07/2016 Operations Committee Agenda Page 6 of 6 ITEM NO. 1 MINUTES OF THE OPERATIONS COMMITTEE Orange County Sanitation District Wednesday, July 6, 2016, 5:00 p.m. A regular meeting of the Operations Committee was called to order by Committee Chair Withers on Wednesday, July 6, 2016 at 5:03 p.m. in the Administration Building. Director Shawver led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: John Withers, Chair Jim Herberg, General Manager David Shawver, Vice-Chair Bob Ghirelli, Assistant General Manager Ellery Deaton Celia Chandler, Director of Human Resources Steve Jones Jim Colston, Director of Environmental Services Robert Kiley Rob Thompson, Director of Engineering Richard Murphy Ed Torres, Director of Operations and Maintenance Steve Nagel Lorenzo Tyner, Director of Finance & Fred Smith Administrative Services Michelle Steel Tina Knapp, Deputy Clerk of the Board Chad Wanks Jennifer Cabral Mariellen Yarc Mike Dorman John Nielsen, Board Chair Mark Esquer Dean Fisher COMMITTEE MEMBERS ABSENT: Alfredo Garcia Tom Beamish Mark Manzo Greg Seboum, Board Vice-Chair Kathy Millea Jeff Mohr George Robertson Lisa Rothbart Eros Yong OTHERS PRESENT: Brad Hogin, General Counsel Michael Beverage, Alternate Director YLWD James Clark, Black & Veatch Robert Carley PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Withers did not provide a report. 07/06/2016 Opeations Committee Minutes Page 1 of 7 REPORT OF GENERAL MANAGER: General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. and DULY CARRIED TO: Approve Minutes of the June 1, 2016 Operations Committee Meeting. AYES: Deaton, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Beamish, Jones, and Sebourn 2. FISH TRACKING STUDY - SOLE SOURCE CONTRACT WITH DR. CHRISTOPHER LOWE — CALIFORNIA STATE UNIVERSITY LONG BEACH (James E. Colston) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Award a Sole Source Contract to Dr. Christopher Lowe of the California State University Long Beach to conduct a fish tracking study in support of the Orange County Sanitation District's National Pollution Discharge Elimination System (NPDES) Ocean Discharge Permit for the period August 1, 2016 through June 30, 2018, at a project cost not to exceed $200,000. AYES: Deaton, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Beamish, Jones, and Sebourn 3. MONTEREY BAY AQUARIUM RESEARCH INSTITUTE OCEAN ACIDIFICATION AND HYPDXIA MOORING SUPPORT (James E. Colston) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Approve a Service Agreement to the Monterey Bay Aquarium Research Institute (MBARI) to provide technical support and training to District staff to develop the in-house ability to operate, service, and maintain the Orange County Sanitation District's Ocean Acidification and Hypoxia mooring forthe period of July 1, 2016 to June 30, 2017, for an amount not to exceed $120,000 with the option of four (4) one-year renewals. 07/06/2016 Operations Committee Minutes Page 2 of 7 AYES: Deaton, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Beamish, Jones, and Sebourn 4. INLAND EMPIRE REGIONAL COMPOSTING AUTHORITY CONTRACT AMENDMENT 2015-2016 (James E. Colston) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Approve Contract Amendment number 4600001879-001 with Inland Empire Regional Composting Authority (IERCA)for the Orange County Sanitation District to 1) use farm bed trailers to transport biosolids to the Inland Empire Regional Composting Facility, and 2) pay to IERCA for biosolids received and processed at a base fee of$55.00 per wet ton, plus an administrative fee of$2.00 per wet ton and any other adjustments provided for in the original agreement. This Contract Amendment shall serve as the first annual renewal of three one-year renewal options of the original agreement in a total annual amount not to exceed $900,000/year for IERCA to receive and compost up to 50 wet tons per day (Monday thru Friday) of OCSD's biosolids. AYES: Deaton, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Beamish, Jones, and Sebourn 5. PURCHASE OF REPLACEMENT VALVES FOR PLANT NO. 2 DIGESTERS E & H (Ed Torres) MOVED. SECONDED. and DULY CARRIED TO: Award a purchase order contract to CS-AMSCO for replacement valves for Plant No. 2 Digesters E & H for a total amount not to exceed $196,104.60. AYES: Deaton, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Beamish, Jones, and Sebourn 6. CONTRACT FOR NATURAL GAS, SPECIFICATION NO. C-2016-778BD (Ed Torres) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a purchase order agreement to Constellation NewEnergy — Gas Division, LLC for the purchase of Natural Gas, Specification No. C-2016- 07/06/2016 Operations Committee Minutes Page 3 of 778BD for the period August 1, 2016 through July 31, 2017 for a monthly index unit price of $0.039 per Million British Thermal Units (MMBtu) for a total estimated annual cost of $296,000, with four (4) one-year renewal options; and B. Approve unit price contingency of (10%). AYES: Deaton, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Beamish, Jones, and Sebourn 7. CONTRACT FOR ANIONIC POLYMER, SPECIFICATION NO. C-2016-751BD (Ed Torres) MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve an agreement to Polydyne, Inc. for the Purchase of Anionic Polymer, Specification No. C-2016-751BD, for the period September 1, 2016 through August 31, 2017, for a unit price of $2.605 per active pound delivered, plus applicable sales tax, for a total estimated annual amount of $370,000, with four one-year renewal options; and B. Approve a unit price contingency of 10%. AYES: Deaton, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Beamish, Jones, and Sebourn Director Jones arrived at 5:08 p.m. NON-CONSENT CALENDAR: 8. 2017 FACILITIES MASTER PLAN — PROJECT PSIS-10 (Rob Thompson) Kathy Millea, Planning Engineering Manager, presented an informative PowerPoint presentation pertaining to this item, including how projects are identified in the Facilities Master Plan, the fit of these projects with concurrent projects and issues, and the timing of the Sanitation District's 5-year rate cycle. Two Committee Members indicated they would like to be provided with more detailed information related to the evaluation process, including scoring, for items similar to this. Rob Thompson, Director of Engineering, responded to questions as to how evaluations are conducted. The Proposed Evaluation Results 07/06/2016 Operations Committee Minutes Page 4 of 7 memorandum detailing the specific criteria used in this selection process was distributed to the Committee. MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Carollo Engineers, Inc. to provide professional services for 2017 Facilities Master Plan, Project PS15-10, for an amount not to exceed $3,132,052; and B. Approve a contingency of$313,205 (10%). AYES: Deaton, Jones, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: Steel ABSENT: Beamish and Seboum 9. SAFETY IMPROVEMENT AT PLANT NOS. 1 AND 2, PROJECT NO. J-126 (Rob Thompson) Rob Thompson, Director of Engineering, provided an overview of this item, including a brief review of the safety study that was conducted. The study identified issues impacting worker safety and compliance with Cal/OSHA regulations, which need to be executed. As with Item 8, Director Steel requested specific details pertaining to the evaluation process for this item and Item 10. MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Design Services Agreement with Arcadis U.S., Inc. to provide program and engineering design services for Safety Improvement at Plant Nos. 1 and 2, Project No. J-126, for an amount not to exceed $1,540,000; and B. Approve a contingency of$154,000 (10%). AYES: Deaton, Jones, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Wanks, Withers, and Yarc NOES: None ABSTENTIONS: Steel ABSENT: Beamish and Seboum 07/06/2016 Operations Committee Minutes Page 5 of 7 10. PRIMARY TREATMENT REHABILITATION AT PLANT 2, PROJECT NO. 132-98 (Rob Thompson) Mr. Thompson provided a PowerPoint presentation for this item, which included project objectives and elements, conceptual study findings, and the project schedule and budget. MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Design Services Agreement with Black&Veatch to provide engineering design services for Primary Treatment Rehabilitation at Plant 2, Project No. P2-98, for a total amount not to exceed $18,141,423; and B. Approve a contingency of$1,814,142 (10%). AYES: Deaton, Jones, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: Steel ABSENT: Beamish and Seboum 11. HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE REALIGNMENT PROGRAM, PROJECT NO. P1-128 (Rob Thompson) Mr. Thompson provided an overview of this item and reviewed the sites being explored for the location of the administrative complex. The Board of Directors previously directed staff to explore the south side of the plant as the primary site with alternative sites being on the north side of the plant and potentially purchasing property off-site north of Ellis Avenue. In order to identify potential sellers, if any, a commercial real estate broker is needed to execute the survey of properties as the Sanitation District does not have the professional experience appropriate to contact, negotiate, and acquire properties of this type. The Committee commented that purchasing an existing property would potentially result in cost savings and increased value of property within the treatment plant. MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Approve a Broker Representation Agreement with Cushman & Wakefield to give exclusive authority to represent the Orange County Sanitation District, at no cost,for the investigation and potential negotiation to acquire existing office building and/or land for a new Administration Building in an area near Plant No. 1. 07/06/2016 Operations Committee Minutes Page 6 of 7 AYES: Deaton, Jones, Kiley, Murphy, Nagel, Nielsen, Shawver, F. Smith, Steel, Wanke, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Beamish and Seboum INFORMATION ITEMS: 12. ENERGY SUPPLY AND DEMAND (Rob Thompson) Assistant General Manager Bob Ghirelli introduced this item, indicating that biogas has become a marketable product and Board policy will be needed as to whether or not sale of the biogas aids or detracts from the Sanitation District's goal of becoming energy independent. Mr. Thompson provided a PowerPoint presentation that identified the Sanitation District's energy supply and demand, how biogas is created and converted into electricity and heat, a proposed policy statement, and research/partnering focus. Mr. Thompson responded to questions pertaining to the viability of using solar in meeting energy needs and the possibility of selling power during peak, high- demand times and operating the treatment plant during off-peak times. The Committee provided input to reach out to neighboring agencies (City of Stanton) for energy innovations being made in these neighboring jurisdictions. Mr. Thompson also responded to questions as to the total amount of biogas needed for electrical energy independence at 35% efficiency. DEPARTMENT HEAD REPORTS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY: None. ADJOURNMENT At 6:12 p.m., Committee Chair Withers declared the meeting adjourned to the next scheduled meeting of Wednesday, September 7, 2016 at 5:00 p.m. Submitted by, Tina Knapp Deputy Clerk of the Board 07/06/2016 Operations Committee Minutes Page 7 of 7 OPERATIONS COMMITTEE Meeting Date To Be.of oil 09/07/16 09/28/16 AGENDA REPORT Item Number Item Number 2 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: SANTA ANA RIVER INTERCEPTOR ROCK STABILIZERS REMOVAL, PROJECT NO. 2-41-8 GENERAL MANAGER'S RECOMMENDATION A. Approve a budget increase of $303,000, increasing the project budget from $3,743,000 to $4,046,000; B. Approve a Professional Design Services Agreement with Michael Baker International, Inc. to provide engineering design services for the Santa Ana River Interceptor Rock Stabilizers Removal, Project No. 2-41-8, for an amount not to exceed $399,008; and C. Approve a contingency of$39,900 (10%). BACKGROUND The Orange County Sanitation District (Sanitation District) has been actively protecting the now out-of-service Santa Ana River Interceptor (SARI) pipeline between the county line and Weir Canyon for many years. From time to time, the Sanitation District has been permitted by the Army Corps of Engineers(ACOE)to place rocks in the riverbed to protect the pipe and prevent erosion. The permits required the removal of the rocks when the old pipe was abandoned. Construction is now completed on the relocated segment of the SARI line and the Sanitation District is required to remove the rocks. On April 19, 2016, the Sanitation District advertised a Request for Proposal (RFP)for the design of the rock stabilizers removal and herein presents the results of the solicitation process. RELEVANT STANDARDS • Fulfill ACOE permit conditions • Maintain collaborative and cooperative relationship with regulators • Government Code 4526: Select the "best qualified firm' and "negotiate fair and equitable fees" Page 1 of 4 PROBLEM The Sanitation District provided temporary protection of the old SARI line by constructing rock stabilizers, bank stabilization, and manhole protection. In addition, gravel roads were built to access each of the manholes. The regulatory agencies require that these rocks be removed and the access roads be restored to assist the habitat to revert to its original native state. PROPOSED SOLUTION The proposed project will construct notches at each of the rock stabilizers to allow for fish passage upstream, and remove all bank stabilization rocks above the water surface and at manholes locations. In addition, gravel access roads will be scarified and seeded to promote vegetation growth. TIMING CONCERNS The schedule driver of this project is the ACOE regional general permit (RGP 63) condition, which states that the Sanitation District shall submit a plan within 60 days following the relocation of the SARI line, and implementation of the plan within 90 days after approval of the plan. The SARI line completion would be achieved following the implementation of the ACOE's Reach 9, Phase 4, ongoing bank armoring project anticipated to be completed by Fall 2017. RAMIFICATIONS OF NOT TAKING ACTION • Failure of the Sanitation District to comply with permit timing requirements stipulated by a Regulatory Agency could lead to fines being levied and/or legal implications • Lose credibility and cooperative relationship with permitting agency • Escalated construction cost PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Consultant Selection: The Sanitation District advertised and requested proposals for the Santa Ana River Interceptor Rock Stabilizers Removal, Project No. 2-41-8, on April 19, 2016. The successful Consultant will be responsible for performing engineering design services. The following evaluation criteria were described in the Request for Proposals (RFP) and used to determine the most qualified Consultant. Page 2 of 4 CRITERION WEIGHT Project Understanding and Approach 35% Related Project Experience 30% Project Team and Staff Qualifications 35% One proposal was received on June 7, 2016 and evaluated in accordance with the evaluation process set forth in the Sanitation District Board of Directors' Ordinance No. OCSD-47 by a pre-selected Evaluation Team consisting of the following Sanitation District and Santa Ana Watershed Project Authority (SAWPA) staff members. Steve Speakman Project Engineer Hardat Khublall Project Manager David Ruhl Program Manager(SAWPA) Ludwig Lapus Contracts Administrator Two representatives from Engineering and one from SAWPA participated in the evaluation process, with the Contracts Administration representative as a non-voting member. The evaluation team found this Consultant to be well qualified and invited the core design team members for an interview. Following the interview,the Consultant was re-evaluated on both the proposal and interview and the team further found that the Consultant's qualifications exceeded the requirements contained in the RFP. Based on the review and evaluation, Michael Baker International, Inc. was recommended as a well-qualified Consultant. Review of Fee Proposal and Negotiation: The proposal was accompanied by a sealed fee proposal. In accordance with the Sanitation District Board of Directors' Ordinance No. OCSD-47, the fee proposal was opened by the Director of Engineering upon acceptance of the Evaluation Committee's recommendation. Staff conducted negotiations with Michael Baker International, Inc. 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 the 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 task 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 service. • The Consultant's fringe and overhead costs, which factor into the billing rates, are reasonable. The contract profit is 9.49%, which is based on the Sanitation District's standard design agreement. Page 3 of 4 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 Service Agreement to Michael Baker International, Inc. CEQA An Initial Study/Mitigated Negative Declaration for this project was filed on April 28, 2016. BUDGET/PURCHASING ORDINANCE COMPLIANCE This recommendation complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Line item: FY2016-17 and 2017-18, Section 8, Page 18) but is insufficient. These funds will be offset by reductions in the Replacement, Rehabilitation and Refurbishment budget. Per agreement between the Sanitation District and SAWPA, SAWPA shall reimburse the Sanitation District for 76% of the cost of this project. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: Professional Design Services Agreement HK:dm:gc Page 4 of 4 PROFESSIONAL DESIGN SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 28U day of September, 2016 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and MICHAEL BAKER INTERNATIONAL, INC., for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for SARI Rock Stabilizers Removal, Project No. 2-41-8; and to provide Design services for final plans and specifications, construction cost estimates, and bid documents, permit applications and supporting documents; 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 September 28, 2016 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 and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment"A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. CONSULTANT shall respond to all comments, suggestions, and recommendations on the SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All PDSA PROJECT NO.2-41-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 1 of 19 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 compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. PDSA PROJECT NO.2-41-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 2 of 19 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 Three Hundred Ninety Nine Thousand and Eight Dollars ($399,008). 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 Suboonsultants 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 PDSA PROJECT NO.2-41-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 3 of 19 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.gsa.gov/portal/category/104711#. The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. The SANITATION DISTRICT shall apply the most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or"per diem" as deemed the most practical. PDSA PROJECT NO.2-414 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 4 of 19 CONSULTANT shall be responsible for returning to the SANITATION DISTRICT any excess reimbursements after the reimbursement has been paid by the SANITATION DISTRICT. Travel and travel arrangements—Any travel involving airfare, overnight stays or multiple day attendance must be approved by the SANITATION DISTRICT in advance. Local Travel is considered travel by the CONSULTANT within the SANITATION DISTRICT general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of the SANITATION DISTRICT based on reasonableness of meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of the SANITATION DISTRICT. Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment"D"-Allowable Direct Costs of this Agreement. H. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's invoice and monthly progress report. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. PDSA PROJECT NO.2-414 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 5 of 19 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 -AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2- COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 -COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. PDSA PROJECT NO.2-41-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 6 of 19 E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act(Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. 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 PDSA PROJECT NO.2-41-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 7 of 19 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 Regulations 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. PDSA PROJECT NO.2314 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 8 of 19 iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000)aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of 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 PDSA PROJECT NO.2-41-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 9 of 19 accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than 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: PDSA PROJECT NO.2-414 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 10 of 19 • Certificate of Insurance ACORD Form 25 (5/2010)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. PDSA PROJECT NO.2314 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 11 of 19 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. SCOPECHANGES In the event of a change in the Scope of Work, requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each PDSA PROJECT NO.2-41-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 12 of 19 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, 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. PDSA PROJECT NO.2-414 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 13 of 19 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: Ludwig R. Lapus, Contracts Administrator Copy: Hardat S. Khublall, Project Manager Notices shall be mailed to CONSULTANT at: MICHAEL BAKER INTERNATIONAL, INC. 14725 Alton Parkway Irvine, CA 92618-2027 Attention: John McCarthy, P.E., CFM All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT's staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without Cause, upon giving thirty(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13- NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. PDSA PROJECT NO.2-41-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 14 of 19 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 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). PDSA PROJECT NO.2-414 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 15 of 19 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. PDSA PROJECT NO.231-8 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 16 of 19 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: i. Give the CONSULTANT a final Agreement Acceptance: or PDSA PROJECT NO.2314 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 17 of 19 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.2-414 Revised 092115 SARI ROCK STABILIZERS REMOVAL 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: MICHAEL BAKER INTERNATIONAL, INC. By Date Printed Name &Title ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Kelly A. Lore 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" Not Attached Attachment"D" Allowable Direct Costs Attachment"E" Fee Proposal Attachment"F" Not Attached Attachment"G" Not Attached Attachment"H" Not Used Attachment"I" Cost Matrix and Summary Attachment"J" Not Attached Attachment X' Hourly Rate Schedule for Minor Subconsultants Attachment"L" OCSD Safety Standards LRL:yp PDSA PROJECT NO.2314 Revised 092115 SARI ROCK STABILIZERS REMOVAL Page 19 of 19 OPERATIONS COMMITTEE Melting D310 TOBE.Or Dir. 09/07/16 09/28/16 AGENDA REPORT Item Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: DISTRICT 6 TRUNK SEWER RELIEF, PROJECT NO. 6-17 GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Construction Services Agreement with RMC Water and Environment (RMC) to provide construction support services for District 6 Trunk Sewer Relief, Project No. 6-17, for a total amount not to exceed $290,000; and B. Approve a contingency of$43,500 (15%). BACKGROUND The purpose of this project is to increase the wet weather capacity of the District 6 Trunk, extend the life of the sewer by 30 years, and provide safe access to the manholes. The District 6 Trunk Sewer was built by the Orange County Sanitation District (Sanitation District) in the early 1950s and serves the cities of Costa Mesa and Newport Beach. The existing 3,700-foot long sewer ranges from 12 to 18 inches in diameter and extends along Pomona Avenue in Costa Mesa, and along Newport Boulevard to Pacific Coast Highway in Newport Beach. RELEVANT STANDARDS • Meet or exceed sanitary sewer overflow regulations • CA Government Code 4526: Select the "best qualified firm" and "negotiate fair and equitable fees" PROBLEM Previous modeling efforts completed under the Sanitation District's 1999 and 2006 Strategic Plan Update, and 2009 Facilities Master Plan identified wastewater pipe capacity deficiencies in the District 6 Trunk. Some manholes along this project alignment are inaccessible and do not present safe working conditions for the Sanitation District Maintenance staff. Sewers along this alignment that do not require a capacity increase are in need of repairs due to cracked pipe and dislocated joints. Page 1 of 3 PROPOSED SOLUTION Rehabilitate and increase the capacity of the District 6 Trunk to satisfy current and future flows and improve access for the Sanitation District Maintenance staff. This agenda report requests engineering support services needed during construction. The proposed services will be provided on an as-needed basis and include reviewing submittals, answering Contractor's requests for information, reviewing contract document modifications, construction change order review, participating in progress meetings, site visits, preparing record drawings, and assisting in the closeout of the project. Specialty sub-consultant services to be provided include field engineering/inspection for all pipe bursting installations, geotechnical services, and biological monitoring. TIMING CONCERNS The construction contract is expected to be awarded at this month's Board of Directors meeting. Engineering support services will be needed at the start of construction. RAMIFICATIONS OF NOT TAKING ACTION Engineering support services needed to facilitate and review construction activities will not be available. PRIOR COMMITTEE/BOARD ACTIONS October 2015 - Approved a contingency increase of $86,481 (15%) to the Professional Design Services Agreement with RMC for a total contingency of$144,135 (25%). December 2012 - Approved a Professional Design Services Agreement with RMC to provide engineering design services for an amount not to exceed $576,541 and approved a contingency of$57,654 (10%). ADDITIONAL INFORMATION RMC has successfully furnished engineering services for the design of this project and their support services during construction will provide continuity through the completion of the project. Staff negotiated with RMC for these support services in accordance with the Sanitation District's adopted policies and procedures. A review of the proposed price was conducted using estimated quantities of requests for information, submittals, meetings, site visits, change order review, and design revisions, as well as the level of effort for preparing record drawings. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services. Page 2 of 3 CEQA The project was included in the Program Draft Environmental Impact Report (DEIR) on Collection System Improvement Plan dated March 2007. An addendum to this EIR will accompany the Board of Directors Agenda Report that will award the construction contract this month. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Budget FY2016-17&2017-18, Section 8, Page 32) and the budget is sufficient for the recommended action. Date of ADDroval Contract Amount Continaencv 09/28/16 $290,000 $43,500 (15%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (AW..ocsd.coml with the complete agenda package: Professional Construction Services Agreement AN:dm:gc Page 3 of 3 PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 28U day of September, 2016 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and RMC WATER AND ENVIRONMENT, for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for District 6 Trunk Sewer Relief, Project No. 6-17; and, WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and, WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the SANITATION DISTRICT Board of Directors' Ordinance No. OCSD-47 Section 4.03(B)for the continuation of services and has proceeded in accordance with said procedures to perform this work; and, WHEREAS, at its regular meeting on September 28, 2016 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 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. PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 1 of 18 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 CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of Fourteen (14) calendar days during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT. E. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third parry 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 Two Hundred Ninety Thousand Dollars ($290,000). 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 PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 2 of 18 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. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Suboonsultant total compensation on an hourly-rate basis 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 PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 3 of 18 request for reimbursement of these amounts, see Attachment"G"—Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 -COMPENSATION above. G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to attachment"G'Allowable Direct Costs for payment information. H. 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"G" -Allowable Direct Costs to this Agreement. The reimbursement of the above mentioned expenses will be based on an "accountable plan" as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a "per diem" component approved by IRS. The most recent schedule of the per diem rates utilized by the SANITATION DISTRICT can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#. The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. The SANITATION DISTRICT shall apply the most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or"per diem" as deemed the most practical. CONSULTANT shall be responsible for returning to the SANITATION DISTRICT any excess reimbursements after the reimbursement has been paid by the SANITATION DISTRICT. Travel and travel arrangements—Any travel involving airfare, overnight stays or multiple day attendance must be approved by the SANITATION DISTRICT in advance. Local Travel is considered travel by the CONSULTANT within the SANITATION DISTRICT general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of the SANITATION DISTRICT based on reasonableness of meeting schedules and the amount of time required for travel by the PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 4 of 18 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"G"-Allowable Direct Costs of this Agreement. I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT's Proposal will exceed the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's invoice and monthly progress report. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 -AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2- COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 5 of 18 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 it. The percentage of the work accomplished for each project element. The SANITATION DISTRICT, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 -COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act(Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 6 of 18 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. 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 sec, 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 Regulations 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 PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 7 of 18 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 Vlll, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty(20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000)aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 8 of 18 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 Two Million Dollars ($2,000,000) or alternatively, Two Million Dollars ($2,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than 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 PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 9 of 18 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. PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 10 of 18 H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010)shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) 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. PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 11 of 18 N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 8. SCOPE CHANGES In the event of a change in the Scope of Work, requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT's project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2- 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 PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 12 of 18 subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Gary V. Prater, Principal Contracts Administrator Copy: Adam Nazaroff, Project Manager Notices shall be mailed to CONSULTANT at: RMC WATER AND ENVIRONMENT 15510-C Rockfield Blvd. Suite 200 Irvine, CA 92618 Attention: Kraig J. Erickson, P.E., Project Manager Copy: Glenn E. Hermanson, P.E., Principal-in-Charge PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 13 of 18 All Communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT's staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13- NOTICES. 15. DOCUMENTS AND STUDY MATERIALS 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. PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 14 of 18 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2)future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(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, consultants, and agents (collectively the "Indemnified Parties'), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses including without limitation, attorneys'fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and the SANITATION DISTRICT's general and administrative expenses (individually, a "Claim", or collectively, "Claims") which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from: (A)the sole or active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 15 of 18 (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. 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. PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 16 of 18 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 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. 26. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 17 of 18 IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: RMC WATER AND ENVIRONMENTAL By Date Printed Name &Title ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Kelly A. Lore 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' Labor Cost Matrix Attachment"D" Cost Summary Attachment"E" Fee Proposal From Attachment"F" Fee Labor Rates Attachment"G" Allowable Direct Costs Attachment"H" Resumes of Key RMC Staff GVP:yp PCSA PROJECT NO.6-17 Revised 062316 DISTRICT 6 TRUNK SEWER RELIEF Page 18 of 18 OPERATIONS COMMITTEE Meeting Date To Bd.of Dir. 09/07/16 — AGENDA REPORT Item Number Item Number a — Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: PLANT NO. 2 TRICKLING FILTER CHEMICAL ODOR CONTROL, PROJECT NO. FE13-04 GENERAL MANAGER'S RECOMMENDATION Increase the task order limit for Contract FE12-00-08 with GHD from $100,000 to $150,000 for Task Order FE12-00-08-03 to authorize the General Manager to negotiate and award additional engineering services related to Plant No. 2 Trickling Filter Chemical Odor Control, Project No. FE13-04. BACKGROUND One of the two biological secondary treatment processes at Plant No. 2 is the Trickling Filter/Solids Contact process. The trickling filters were originally installed with activated carbon for odor control. Since the system was put into service, the activated carbon has been found to be less effective than anticipated. To address this, the Plant No. 2 Trickling Filter Chemical Odor Control, Project No. FE13-04, will add chemical scrubbers for odor control. GHD was issued Task Order FE12-00-08-03 under Contract FE12-00-08 to assist with the design and construction support services, which are on-going. Contract FE12-00-08 was awarded under Resolution No. 07-04, which is now superseded by Ordinance No. OCSD-47. RELEVANT STANDARDS Meet or exceed air pollution regulations Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2 PROBLEM The original Scope of Work did not include updating the existing Operations Manuals and Procedures (OMaP), conducting operator training, or assisting with the odor control system demonstration testing. The project has also required more shop drawing reviews than were assumed. Page 1 of 3 The Task Order that authorized the Consultant for this task is limited by the master contract under which it was authorized to $100,000, of which $99,000 has already been approved. PROPOSED SOLUTION Increase the task order limit for Contract FE12-00-08 with GHD from $100,000 to $150,000 for Task Order FE12-00-08-03 to authorize the General Manager to negotiate and award additional engineering services related to Plant No. 2 Trickling Filter Chemical Odor Control, Project No. FE13-04. The proposed services are estimated to cost $37,000. The remaining amount would be available if additional services were required. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION The input from the Consultant is critical to update the OMaP, operator training, and demonstration testing. Without assistance from the Consultant, operational information will be lost. PRIOR COMMITTEE/BOARD/CONTRACT ACTIONS June 2012 - Approve annual Professional Design Services Agreements with GHD. and nine other firms for engineering design and construction support services necessary in supporting Facilities Engineering and Facilities Repair projects, commencing July 1, 2012 with a maximum annual fiscal year contract limitation not to exceed $200,000 for each Agreement, for a total amount not to exceed $2,000,000; and, approve up to two additional one-year optional renewals. Amendment No. 1, extending the contract period until June 30, 2014, was approved by the General Manager on May 7, 2013. Amendment No. 2, extending the contract period until June 30, 2015, was approved by the General Manager on May 20, 2014. After July 1, 2015 no additional task orders could be issued, but the agreement remains in effect for completion of all previously-authorized task orders. Task Order FE12-00-08-03 was approved by the General Manager on October 3, 2014 authorizing design and construction support services related to Plant No. 2 Trickling Filter Chemical Odor Control, Project No. FE13-04. Task Order Amendment No. 1, increasing the task order amount from $74,910 to $84,545 was approved by the Director of Engineering on April 17, 2015. Task Order Amendment No. 2, increasing the task order amount from $84,545 to $99,000, was approved by the Director of Engineering on August 14, 2015. Page 2 of 3 ADDITIONAL INFORMATION N/A CEQA A CEQA Notice of Exemption for this project was filed on August 20, 2014. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. (FY Budget 2016-17 & 2017-18, Section 8, Page 85) and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.corn with the complete agenda package: N/A RB:dm:gc Page 3 of 3 OPERATIONS COMMITTEE Meeting Date TOBG.of Dir. 09/07/16 09/28/16 AGENDA REPORT Rem Number Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: GAS COMPRESSOR BUILDING PIPING REPLACEMENT AT PLANT 2, PROJECT NO. FE15-06 GENERAL MANAGER'S RECOMMENDATION Increase the task order limit for Contract FE12-00-01 with Lee and Ro, Inc. from $100,000 to$160,000 for Task Order FE12-00-01-04 to authorize the General Manager to negotiate and award additional engineering services related to the Gas Compressor Building Piping Replacement at Plant 2, Project No. FE15-06. BACKGROUND Sludge produced as part of the wastewater treatment process is digested to reduce the amount of solids requiring hauling and to produce methane gas to generate a significant fraction of the electricity needed for treatment. To convey the gas to the engine generators, three large compressors are utilized at Plant 2. The gas piping in the building has experienced corrosion and is a risk to leak methane gas and hydrogen sulfide. Gas Compressor Building Piping Replacement at Plant 2, Project No. FE15-06, will replace all suction and discharge piping and associated valves. Lee and Ro, Inc. was issued Task Order FE12-00-01-04 under Contract FE12-00-01 to provide design and construction support services, which are on-going. Contract FE12-00-01 was awarded under Resolution No. 07-04, which is now superseded by Ordinance No. OCSD-47. RELEVANT STANDARDS • Protection of the Orange County Sanitation District assets • Meet or exceed air pollution regulations PROBLEM The construction approach originally agreed upon between the Orange County Sanitation District (Sanitation District)staff and the Design Consultant involved discharging digester gas to the environment for at least eight hours. During final design review, concems were raised that this could cause significant odor impacts to the surrounding area, particularly if the actual duration was longer than anticipated. Instead, Operations staff proposed an Page 1 of 3 alternative approach involving installation of temporary bypass piping to minimize discharges. This approach is considered preferable in terms of both construction risk and public impacts, but requires significantly more engineering support. The Task Order that authorized the Consultant for this task is limited by the master contract under which it was authorized to $100,000, of which $99,485 has already been approved. PROPOSED SOLUTION Increase the Task Order limit for Contract FE12-00-01 with Lee and Ro, Inc. from $100,000 to $160,000 for Task Order FE12-00-01-04 to authorize the General Manager to negotiate and award additional engineering services related to the Gas Compressor Building Piping Replacement at Plant 2, Project No. FE15-06. The proposed bypass piping design is estimated to cost$35,000.The remaining contingency would be available if additional services were required. TIMING CONCERNS The existing compressor piping and valves have previously leaked and been temporarily repaired. Delays to the project prolong safety risks associated with failing gas piping. RAMIFICATIONS OF NOT TAKING ACTION With the additional engineering funds, the project would have to be constructed with no bypass piping, which would result in a period of significant digester gas release, with associated safety and environmental impacts. PRIOR COMMITTEE/BOARD/CONTRACT ACTIONS June 2012 - Approved annual Professional Design Services Agreements with Lee & Ro and nine other firms for engineering design and construction support services necessary in supporting Facilities Engineering and Facilities Repair projects, commencing July 1, 2012 with a maximum annual fiscal year contract limitation not to exceed $200,000 for each Agreement, for a total amount not to exceed $2,000,000; and, approve up to two additional one-year optional renewals. Amendment No. 1, extending the contract period until June 30, 2014, was approved by the General Manager on May 7, 2013. Amendment No. 2, extending the contract period until June 30, 2015, was approved by the General Manager on May 20, 2014. After July 1, 2015, no additional task orders could be issued, but the agreement remains in effect for completion of all previously-authorized task orders. Task Order FE12-00-01-04 was approved by the Director of Engineering on October 23, 2014 authorizing design and construction support services related to Plant No. 2 Gas Compressor Building Piping Replacement, Project No. FR13-020, later renumbered to Page 2 of 3 FE15-06. Task Order Amendment No. 1, increasing the task order amount from $68,917 to $99,485, was approved by the Director of Engineering on February 19, 2016. ADDITIONAL INFORMATION N/A CEQA A CEQA Notice of Exemption for this project was filed on April 28, 2016. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted, (Budget FY2016-17 & 2017-18, Section 8, Page 85) and the budget is sufficient for the recommended action. ATTACHMENT The following attachments) maybe viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: N/A RB:dm:gc Page 3 of 3 OPERATIONS COMMITTEE Melting D310 TOBE.Or Dir. 09/07/16 09/28/16 AGENDA REPORT Item Item Number 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: SLUDGE DEWATERING AND ODOR CONTROL AT PLANT 2, PROJECT NO. P2-92 GENERAL MANAGER'S RECOMMENDATION A. Authorize out-of-country travel for three Orange County Sanitation District employees to observe testing in Germany of dewatered sludge piston pumps to be supplied under the Sludge Dewatering and Odor Control at Plant 2, Project No. P2-92, subject to the Orange County Sanitation District's travel policy; and B. Authorize out-of-country travel for three Orange County Sanitation District employees to observe testing in Sweden of dewatering centrifuges to be supplied under the Sludge Dewatering and Odor Control at Plant 2, Project No. P2-92, subject to the Orange County Sanitation District's travel policy. BACKGROUND This project will replace dewatering facilities that have reached the end of their service life. Based on the long-range Biosolids Master Plan, a newer centrifuge dewatering technology will be utilized to reduce the amount of water in the biosolids hauled off-site to reduce biosolids management disposal costs. The project includes five centrifuges used to dewater the sludge and five cake pumps used to transfer the dewatered sludge. The value of the five centrifuges is approximately $3 million and the five piston pumps is $3 million. RELEVANT STANDARDS • 24/7/365 treatment plant reliability • Ensure that the public's money is wisely spent PROBLEM The cake pumps impart high pressure to dewatered sludge to force it through pipes to a storage silo. The equipment is large, mechanically complicated, and expensive. Based on past experience, the Orange County Sanitation District (Sanitation District) has required factory demonstration tests for inspection of equipment and the functional testing of project equipment. Factory demonstration tests were included in the project specifications. The cake pumps are manufactured by Putzmeister Solids Pumps GmbH in Aichtal, Germany, where the factory tests will take place. Page 1 of 3 The centrifuges are large, complicated, and expensive pieces of equipment. Based on past experience, the Sanitation District has required factory demonstration tests for inspection of equipment and the functional testing of project equipment. Factory demonstration tests were included in the project specifications. The centrifuges are manufactured by Alfa Laval in Lund, Sweden, where the factory tests will take place. PROPOSED SOLUTION 1. Send a delegation of one member of the consultant's design team and three Sanitation District staff to observe the factory demonstration testing of the dewatered sludge piston pumps. Travel by Sanitation District staff outside the country requires Board authorization. 2. Send a delegation of one member of the consultant's design team and three Sanitation District staff to observe the factory demonstration testing of the dewatering centrifuges. Travel by Sanitation District staff outside the country requires Board authorization. TIMING CONCERNS The Contractor has not yet scheduled the testing, but both sets of tests are anticipated to occur in the final quarter of 2016. The Sanitation District is required by the contract to accommodate the testing date when provided sufficient advance notice. RAMIFICATIONS OF NOT TAKING ACTION If the equipment is not inspected and testing witnessed at the factory, deficiencies might not be noticed until delivery to the site. At that point,the project could be severely delayed if the equipment needed to be returned to the factory for rework or repair. PRIOR COMMITTEE/BOARD ACTIONS November 2014 - Awarded a construction contract to Shimmick Construction Company, Inc. for Sludge Dewatering and Odor Control at Plant 2, Project No. P2-92, for a total amount not to exceed $49,850,000 and a contingency of$2,492,500 (5%). ADDITIONAL INFORMATION N/A CEQA N/A Page 2 of 3 FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. (FY2016-17 and 2017-18, Section 8, Page 53). This action does not require any additional funds. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: N/A RB:dm:gc Page 3 of 3 OPERATIONS COMMITTEE Melting D310 TOBE.Or Dir. 09/07/16 09/28/16 AGENDA REPORT Item Item Number 7 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: AQUACRITOXII EVALUATION/DESIGN, PROJECT NO. SP-125-17 GENERAL MANAGER'S RECOMMENDATION A. Receive and file the AquaCritox® Demonstration Project Evaluation Study; and B. Authorize out-of-country travel for two Orange County Sanitation District (Sanitation District)employees to conduct a site visit to observe the operations and performance of the European Union-funded AquaCritoe project in Valencia, Spain, in connection with the AquaCritox® Evaluation/Design, Project No. SP-125-17, and all travel, lodging, and per diem costs in accordance with the Sanitation District's travel policy. BACKGROUND Supercritical water oxidation has the potential to replace anaerobic digesters, engine generators, sludge dewatering, and biosolids hauling with up to three times more energy production and a smaller footprint. The underlying technology has been successfully used in other industries, but the AquaCritox®process patented by the SCFI Group from Ireland is the only application for wastewater sludge. This process uses elevated temperatures and pressures to turn raw sludge into energy, harmless gases, and a small amount of inert material. In July 2015, the Board of Directors approved an AquaCritox® Demonstration Project Evaluation Study, Project No. SP-125-17,to determine where to locate the facility, identify equipment requirements, develop a site-specific configuration, and estimate performance and costs. That study has recently been completed. RELEVANT STANDARDS • Maintain a culture of improving efficiency • Use all practical and effective means for recovering energy • Consider life-cycle costs in all decisions PROBLEM The AquaCritoe Demonstration Project Evaluation Study proposed a demonstration facility that could process approximately 10% of the raw sludge produced at Plant No. 2. Page 1 of 3 The project would be expected to result in operational cost savings of approximately $1 million per year, but has an anticipated construction cost of $26.5 million in today's dollars. Including allowances for inflation, consultant services, staff time, project contingencies, and operational assistance from SCFI for the first year of operation, the project would require a total budget of$58 million. Although promising, there is currently only one facility using the technology for processing wastewater sludge. That facility is the LO2X demonstration project in Valencia, Spain funded by the European Union. That facility is approximately one-tenth the size of the facility proposed for the Sanitation District. The Valencia Demonstration Project was recently placed in service and operational data is not yet available. PROPOSED SOLUTION Before recommending that the Board of Directors fund a $58 million project using a new technology, staff proposes a three step procedure: 1. Authorize the consultantfor the on-going Biosolids Master Plan, Project No. PS15-01, to review the AquaCritox® Demonstration Project Evaluation Report using highly experienced experts. This additional work can be accommodated within the consultant's existing contract contingency. 2. Send a delegation of two consultants from the Biosolids Master Plan team and two Sanitation District staff to visit the LO2X project in Valencia, Spain. This requires Board authorization of staff to travel internationally. 3. Prepare, based on the consultant's review of the report and the site visit, a recommendation on whether to proceed with a demonstration project. Depending on the findings, a recommendation for a more limited project might be proposed. TIMING CONCERNS Critical decisions must be made in the next several years to address seismic and end-of- equipment-life issues with the Plant No. 2 digester facilities. If AquaCritox® becomes an element of the overall solids treatment strategy, it could drastically affect the choices that are made for future facilities for solids handling. However, the process must be tested under real-world, full-scale conditions before deciding our position in future facility plans. RAMIFICATIONS OF NOT TAKING ACTION Not taking action to verify the performance and cost expectations for AquaCritox® and identify any unexpected operational difficulties will delay, and possibly entirely prevent, the incorporation of this promising technology in the Sanitation District's near-term operations and future capital facilities plans. The potential for substantial operating cost savings, environmental benefits, and increased energy recovery will be neglected. Page 2 of 3 PRIOR COMMITTEE/BOARD ACTIONS July 2015 - Established a project budget of $423,000 and approved a Sole Source Professional Services Agreement with SCFI Group to conduct an evaluation study, Project No. SP-125-17, for the AquaCritox® demonstration project at a total cost not to exceed $311,460 with a contingency of$31,200. October 2014 - Authorized contract negotiations with SCFI Group and associated partners to design, build, and operate an industrial-scale AquaCritoxe demonstration facility. Authorized staff to seek grant funding and cooperative funding opportunities with other public agencies. ADDITIONAL INFORMATION N/A CEQA CEQA evaluation would be needed to proceed with a project, but not for the evaluation described in this Agenda Report. FINANCIAL CONSIDERATIONS This request complies with the authority levels in the Sanitation District's Purchasing Ordinance. This item has been budgeted (Line item: FY 2016-17 and 2017-18, Section 8, Page 84) and the project budget is sufficient for the recommended action. A United States Department of Energy grant application for up to$17 million for the design and construction of this project is pending. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: AquaCritoxe Demonstration Project Evaluation Study WS:dm:sa:gc Page 3 of 3 Final Evaluation Study Report Doc:53-MD-ENG-REP-15 ORANGE COUNTY SANITATION DISTRICT AQUACRITOX DEMONSTRATION PROJECT(ADP) EVALUATION STUDY FINAL EVALUATION STUDY REPORT TABLE OF CONTENTS 1 Overview.........................................................................................................................................2 2 Site Selection...................................................................................................................................3 3 Sludge Selection..............................................................................................................................4 4 AquaCritox Package-Major Equipment.........................................................................................6 5 Procurement And Project Delivery.................................................................................................7 5.1 Project Schedule .........................................................................................................7 6 Capital And Operational Costs Summary........................................................................................8 6.1 Capital Costs................................................................................................................8 6.2 Operational Costs........................................................................................................9 Appendices............................................................................................................................................10 Appendix A: General Arrangement Drawings Appendix B: Process Flow Diagrams Appendix C: Mass and Energy Balances(incl.Sankey Diagrams) Appendix D: Capital Cost Projections Appendix E: Operating Cost Projections Appendix F: Preliminary Project Schedule Appendix G: "Volute" Dewatering Press Pilot Report SCFI Group LTD pg. 1 Final Evaluation Study Report Doc:53-MD-ENG-REP-15 1 OVERVIEW Sludge removed from primary sedimentation basins (primary sludge) and thickened sludge from secondary treatment processes are currently stabilized using mesophilic anaerobic digestion at both plant no.'s 1 and 2. OCSD (Orange County Sanitation District) is considering long-term alternatives for management of biosolids. One alternative technology which could potentially replace anaerobic digestion is Hydrothermal oxidation, specifically the AquaCritox HTO process (AquaCritox) marketed by SCFI Group Limited (SCFI).Aquacritox HTO is a process that utilises the unique properties of super critical water to effect rapid oxidation of the volatile solid component of sewage sludge solids with the generation of thermal energy as a by-product. Aquacritox HTO offers the possibility to reduce the sewage sludge solids by approximately 97% with no hazardous by-products. This technology could in future be deployed to displace the use of anaerobic digester, gas handling, digestate dewatering, storage, haulage and disposal. Furthermore the technology offers an improved site energy balance due to the fact that more energy can be recovered from the sewage solids than is currently recovered using anaerobic digestion alone. Because AquaCritox has not been in full scale operation for a significant period of time, it is considered that a demonstration project would need to be designed, built, and operated before a commitment could be made to a larger scale implementation. The purpose of the AquaCritox Demonstration Project (ADP) is to provide directly-applicable information on the process cost, performance, reliability, environmental impacts, and safety. Two separate plant size configurations have been considered, namely an "A-30" which has an 800 gal/hour throughput, and an "A-100" which has a 2,600 gal/hour throughput. Both systems process sludge at 16%dry solids content. The purpose of this study is to define the ADP in sufficient detail to seek a budget authorization to implement the project and to prepare a scope of work for the design of the facilities. The study involved the carrying out of three (3) no. specific tasks, each culminating with the preparation of a technical memorandum (TM) to document the task. A single common document was prepared for the TM-1 submission, whilst the TM-2 and TM-3 submissions had separate versions completed for the A-30 and A-100 system configurations. This final evaluation study report, which is a common document for the A-30 and A-100 options, forms the fourth and final task, and compiles the key findings and conclusions of the study. SCFI Group LTD pg. 2 Final Evaluation Study Report Doc:53-06D-ENG-REP-15 2 SITE SELECTION Four separate locations, two at each plant, were identified as being potentially suitable for the installation of an AquaCritox Demonstration Plant(ADP), namely: 1. Location 1(a), Plant 1: On the roof top of the existing redundant clarifiers (1 and 2), currently being used as a car parking area for site staff; 2. Location 1(b), Plant 1: Current location of the hydrogen fuel cell pilot plant,which is assumed to be no longer required; 3. Location 2(a), Plant 2: Current location of the defunct anaerobic digester tanks, A& B,which are located at the eastern side of the site;and 4. Location 2(b), Plant 2: Current location of the defunct liquid oxygen generation plant. Location 2(a), i.e. the site of the two redundant digesters at Plant 2 was agreed to be the most suitable for the ADP. The availability of space at this site would easily allow for the installation of either an A-30 or an A-100 unit.Available space at the other three site locations is limited and would therefore prove restrictive. Figure 2-1 presents an aerial photograph of Plant 2,whereby the chosen location for the ADP is identified. Refer to Technical Memo No.1 for further detail in regards to the site selection process. -tPF Figure 1-1:Aerial photograph(partial)of plant 1,identifying the chosen location for the ADP installation SCFI Group LTD pg. 3 Final Evaluation Study Report Doc:53-06D-ENG-REP-15 3 SLUDGE SELECTION The initial purpose of the ADP is to demonstrate that the AquaCritox technology can be deployed to handle biosolids without the requirement to utilize anaerobic digesters.This means that the ADP will be required to accept and process primary, secondary and mixed sludge. Approximately 80% of all sludge currently generated at P2 is primary with the balance being secondary. Table 3-1 presents data pertaining to the daily production of sludge at plant 2. Table 3-1:Breakdown of daily sludge production at Plant 2 Sludge Type Sludge Flow to Digesters Dry Solids Content Total Solids ka da gonsLdat Primary 83,907 14.11% 97.66 Secondary 16,668 1 5.98% 28.22 Due to the possible presence of rags, hair, snail shells, and other neutrally buoyant materials in the sludge streams, it is necessary to install a screening device to remove such foreign bodies. This will be positioned upstream of the sludge de-grit system. The ADP feedstock will be Thickened Waste Activated Sludge (TWAS) or Primary Sludge (PS) with concentrations ranging from 4 to 6 percent dry solids(DS). The AquaCritox plant itself is reliant on a continuous feed which needs be significantly free of grit that is larger than mesh 170. OCSD have advised that the de-grit systems currently deployed are not likely to achieve the required standard of grit removal therefore a degritting system shall be required. The proposed degritting equipment includes a slurry cup vortex grit removal system followed by a classifier/clarifier type dewatering unit. For such a degrit system to operate efficiently it is necessary that the dry solids component of the feed to the degrit system be not more that 1.5%dry solids,thus dilution of the sludge with plant water is required prior to the degrit stage. Following degritting,the sludge is then dewatered to 12-16% DS prior to it being delivered to the AquaCritox. It should be noted that due to concerns about the current grit content of the sludge, considerable effort and cost is required in its processing, to firstly reduce its total solids prior to degritting, and to then increase its total solids again prior to the AquaCritox. A Volute Dewatering Press from PWfech is proposed to dewater the sludge stream to the target 12- 16 percent total solids.Trials were carried out at Plant 1 using a mobile, trailer mounted version of the proposed equipment to evaluate its processing potential and capabilities. Results proved favorable and were deemed conclusive in confirming the equipment's suitability. The Volute Dewatering Press was able to dewater the plant's TWAS (secondary) sludge to cake solids as dry as 16.7%. A minimal polymer dose of 16-18 Ibs/ton was established for the TWAS. The Volute Dewatering Press generated cake solids with the primary sludge that exceeded the desired concentration however the Volute Thickener easily produced 14%solids with the primary sludge. A copy of the report which documents the trial is included in Appendix F of this report. Some parallel analyses of the piloting were carried out in the OCSD lab which verified the results claimed by PWTech. SCFI Group LTD pg. 4 Final Evaluation Study Report Doc:53-MD-ENG-REP-15 Table 3-2 outlines the potential impact of each system configuration on the current plant operations. Processing secondary sludge potentially offers a greater return due to the fact that secondary sludge is considered to be only poorly degraded within an anaerobic digester. Secondary sludge is also considered likely to be a major source of nitrogen in the form of ammonia within a digester. Accordingly, the removal of secondary sludge from a digester can have a disproportionate positive impact. Table 3-2:Potential impact of the various system configuration options on current plant operations. System Configuration Option Considered Factors A-30 A-30 A-100 A-100 Mixed Secondary Mixed Secondary* % 9.4 9.4 31.3 31.3 Digester Load Reduction(Daily) Tons Dry Solids 12 12 39.96 39.96 Potential Ammonia Reduction(ppm) 30 20 40 60 % 6.53 9.06 21.77 27.08 Sludge Truck Reduction(Daily) Tons of sludge cake(20%D.S.) 23.25 32.25 77.40 96.25 Potential Digester Volume Reduction(%) 9 9 31 54** Potential Electrical Power Output(kW)*** 479 305 1,585 1,014 * Option 4 caters for all secondary sludge+some primary. **Retention time within an anaerobic digester is determined by regulation and the need to achieve best conversion. Varying substrates have varying rates of degradation within a digester. Primary sludge is noted to digest well and twelve days has been suggested to be a satisfactory retention time to achieve optimum conversion for primary sewage solids.Typically 63%of the volatile fraction will be converted within this period of time. Secondary sludge (waste activated sludge) is noted to be particularly poor substrate and it is estimated that only 18%of the VSS component will be digested within an anaerobic digester during an 18 day retention time. The breakdown of secondary sludge will generate ammonia as a by-product. Ammonia is considered to be an inhibitory substance. Accordingly, the removal of activated sludge from a digester, (subject to pilot testing results) may permit the reduction in retention time form 18 days to 12 days.This would mean a 54% reduction in digester volume requirements. *** The steam to electrical power generation conversion calculation is based on an assumed 25% efficiency rate. The exact efficiency will depend on various factors which are currently unknown, such as the particular turbine type, steam turbine inlet and outlet pressures, steam temperature, etc.Such criterion will require clear definition during subsequent design phases. SCFI Group LTD pg. 5 Final Evaluation Study Report Doc:53-0CSD-ENG-REP-15 4 AQUACRITOX PACKAGE - MAJOR EQUIPMENT Table 4-1 presents the major equipment items which comprise the AquaCritox package and which shall be supplied by SCFI. Refer to Process Flow Diagram (PFD) No.1 in Appendix B to obtain a contextual understanding of how the various equipment items are integrated within the overall AquaCritox package. Preliminary tags which have been assigned are included on both the PFD and the table below. Table 4-1:AquaCritox major equipment items Equipment Item in CIP(clean-in-place)System V-1201 CIP Pump P-1201 High Pressure Feed Pumps P-103/P-104 Economizer Unit H-201/H-202 Start-up Heater H-301 Reactor Unit R-501 Boiler Drum V-602 Boiler Heater C-601 Boiler Economiser C-602 Boiler Blowdown Vessel V-603 Boiler Feedwater Pumps P-601/P-602 Boiler Feedwater Tank V-601 Boiler Water Circulation Pumps P-603/P-604 High Pressure Cooler C-701 Pressure Reduction System PK-702 Liquid/Gas Separation Unit 5-701 Process Water Storage Tank V-1101 Process Water High Pressure Pumps P-1101/P-1102 Process Water Low Pressure Pump P-1103 Refer to Technical Memo No.2 for comprehensive narrative descriptions of the entire AquaCritox process and its various individual equipment components. SCFI Group LTD pg. 6 Final Evaluation Study Report Doc:53-06D-ENG-REP-I5 5 PROCUREMENT AND PROJECT DELIVERY The main points to note in relation to the procuring of the ADP project are as follows: • The project will be implemented using a traditional design-bid-build process. • There are no commercial competitors to SCFI's supercritical water oxidation (SCWO) technology.Therefore, OCSD will need to sole source the delivery of the SCWO technology to SCFI.OCSD anticipated negotiating a price with SCFI and performing a pre-purchase of the Aquacritox equipment,which would be assigned to the contractor for installation.The contractor would also be responsible for procuring and installing the rest of the project (including upstream and downstream facilities). • SCFI anticipates partnering with Rockwell (or other) in the United States to build the Aquacritox equipment. • OCSD indicated they are interested in having a single point of accountability for process and performance guarantees(i.e.the designer)and a single point of accountability for the quality(i.e.contractor)of the project.Since it would be unlikely to find a traditional consulting firm that could take on the responsibility associated with the performance of the Aquacritox system,SCFI would likely be in the lead as the"designer." • If SCFI is in the lead as the"designer"and will have process and performance accountability for the entire project,SCFI will likely want to select the consulting team that will support the design of the upstream and downstream facilities. 5.1 PROJECTSCHEDULE Assuming the traditional design-bid-build approach is utilized as described in the previous section and OCSD begins the next phase in January 2017,the project would likely be complete in Q4 of 2020. Refer to Appendix F for a Gantt chart illustrating an example schedule for the pre-design, design, bidding, construction and commissioning ofthe ADP. Key assumptions in developing the schedule include: • A sixteen month design process that includes multiple opportunities for OCSD review, input,and revisions. • A nineteen month construction period. • A six month startup and commissioning period. • The Aquacritox equipment would need to be fabricated and delivered on-site by Q3 of 2019. SCFI Group LTD pg.7 Final Evaluation Study Report Doc:53-0CSD-ENG-REP-15 6 CAPITAL AND OPERATIONAL COSTS SUMMARY 6.1 CAPITAL COSTS Table 6-1 presents a summary table for the projected capital costs for the A-30 and A-100 system configurations. Costs are presented in 2015 dollars and are based on a Los Angeles Engineering News Record Construction Cost Index(ENR CCI) of 11,628 (October 2015). Costs are not escalated to future years. Costs were prepared in accordance with the guidelines of the AACE International (the Association for the Advancement of Cost Engineering, 18R-97) for a Class 4 estimate. Typical accuracy ranges for Class 4 estimates are-15%to-30%on the low side,and+20 to+50%on the high side, depending on the technological complexity of the project, availability and accuracy of appropriate reference information, and the inclusion of an appropriate contingency determination (25%). Construction cost estimates include direct and indirect costs. Direct costs for this effort are largely based on equipment costs obtained from vendor proposals and other similar projects, quantity take offs for major pieces of work such as concrete, excavation, and piping, as well as stochastic estimating methods such as cost to capacity curves and various scaling factors resulting in a lump sum cost. Direct costs include materials, labor,construction equipment required for installation, and subcontractor costs. Indirect costs include contractor general conditions, contractor overhead and profit, sales tax, and an estimating contingency to account for undefined elements at this phase of the project. The post-processing element of the process has been packaged and costed as a single block, enabling it to be easily removed from the ADP scope at a later date. It may be possible to process the treated liquid from the AquaCritox with existing on-site dewatering equipment. Table 6-1:Capital Costs Summary Table Descriptio A. Pre-processing/site work/power distribution $13,402,515 $18,927,661 AquaCritox package/LOX facilities $10,132,013 $26,899,156 Post-processing facilities $2,961,534 $3,362,379 Total Capital Cost $26A96,062 $49,189,196 Note: Refer to Appendix D of this report for a more detailed breakdown of the capital costs. SCFI Group LTD pg. 8 Final Evaluation Study Report Doc:53-0CSD-ENG-REP-15 6.2 OPERATIONAL COSTS An estimate on the operational costs of an entire Aquacritox facility is shown in Table 6-2, considering both primary and secondary sludge feedstock as individual cases. The table also indicates the value accrued by deployment of the ADP, i.e. reduction in (i) current dewatering costs (electricity & polymer flocculent), and (ii) current trucking costs for the final disposal of sludge off-site.A value is also included for the steam which will be generated by the A-30 facility. In the case of the A-300, this value is based on the electricity produced by its associated steam-turbine generator unit, based on a projected efficiency of 25%. An overall net gain per annum value is provided,which takes account of the operational costs versus the accrued gains.The scenario which considers primary sludge as the feedstock yields the most net gain due to its higher energy content. Table 6-2:Operational Costs Summary Table Costs/Gains A-30 A-30 A-100 A-100 (Primary) (TWAS) (Primary) (TWAS) Operational cost/ $802,997 $711,749 $2,061,395 $2,061,395 annum Value accrued/annum $1,844,157 $1,672,551 $5,569,327 $5,569,327 Net gain/annum $1,041,160 $960,802 $3,648,044 $3,275,630 Note: Refer to Appendix E of this report for a more detailed breakdown of the operational costs and projected savings of each system configuration. SCFI Group LTD pg. 9 Final Evaluation Study Report Doc:53-06D-ENG-REP-I5 APPENDICES Appendix A: General Arrangement Drawings Appendix B: Process Flow Diagrams(PFD's) Appendix C: Mass and Energy Balances(Including Sankey Diagrams) Appendix D: Capital Cost Projections Appendix E: Operating Cost Projections Appendix F: Preliminary Project Schedule Appendix G: "Volute" Dewatering Press Pilot Report SCFI Group LTD pg. 10 Final Evaluation Study Report Doc:53-06D ENG-REp-15 APPENDIX A - GENERAL ARRANGEMENT DRAWINGS SCFl Group LTD 0 r.,n._ vvw zi. Eva pig I LE El o �ovr mvr bvr wvr wrr PLAN ;. FIGURE M-1 AOUACRITOX AJO GENERAL ARRANGEMENT AQUACRITOX DEMONSTRATION FACILI ORANGE COUNTY SANITATION DISTRICT �caro/Io. D new.,. 0o I I o Ion I�I� CI FIGURE C•2 ENLARGED A-30 SITE PLAN AOUACRITOX DEMONSTRATION FACILITY ORANGE COUNTY SANITATION DISTRICT SCFI er•.rn � H N � ! � _! �� � u nx.runw •••rtu Lv�w' . i.�.kO Nu+rwxry m wry 4=az _ ❑ El PUN ,.�.,......... FIGURE M-R AQUACRITOX A-'00 GENERAL ARRANGEMENT AQUACRITOX DEMONSTRATION FACILITY ORANGE COUNTY SANITATION DISTRICT SCFI tcaro//o- o ° �- oo do Q �- �M •mm�Mu•X � �/(�I E9tl� I II FIGURE C-3 --- ENLARGED A-100 SITE PLAN AOUACRITOX DEMONSTRATION FACILITY ORANGE COUNTY SANITATION DISTRICT SCFI tcarono• Final Evaluation Study Report Doc:53-06D ENG-REp-15 APPENDIX B - PROCESS FLOW DIAGRAMS SCFl Group LTD PR .x A-30 UNIT NOTEs NOR 6 mR-01 KLfT SVFFRIfA1FA OPTION x0i wMx MOPoEFD CESGX, R-OR 2 FCR OUR RFLShRY IN MDIMML4 THENCEPf FEWCIIUx SXP IS REWIRED IN OF ON H ON TTS NOmPY VS ND, S. [aflED 'PARR LL IFCLD I 6 A MUST TREATMENT PROCESS 6 INCLUDED IN 1.TENN SUM£.1.WHORE FROM ONE WAIFI WSDC AER MOD CEMiLN ME WY USER) NIITIC K MI N IXXIUSi 1F M fWU1 PROCESS WARP SUPPLY LIP NOTE 1 5. Q TO PR MWlfm LOGILY VU AN MORE NNIONFROULD MURDER POLED. S5W1 . 6. NEW UIF/FUND FROM NEW LDS STORKS PLANT.. 0 PK-BOB Y-1xO1 N-S01 INSS LMARD IN VI OF IAWC1. SIIM-UP PKo1z0R P-12DI NFARR Y CONDROUrN TO IAIER DETNL ITI TO LN ST 0 IIq£IµKS.E[Mf NKM PRESYURF RED PUMPS P-1 W ECg1D.GEN 6 ELEMI Po3XOM INGRINE TO THE EPROCESS 1 S I RR SIdUOE iNNK TOEN0.RE GFAVM NEWOF MVN TEED H-2D1 WART RACK 10%tCCFA W1RR AptME iINK 1i RED NoxSOFT UP 9. ELECT FEED WADER LINE FROM EX191K 'PARR LLWIFCLD V P_Iw CFNfUTOR. LOCATED WITHIN CfxRN BULLYNG. 10. FR1 suM"RELY TO K CORRECTED IHNI DIETING SIFPLY XELLfR NIMx M 5 WNC£N BUIIDINO ON IKET SEE TO TURBINE KNERAIOR. ECCNOMSET 11. 1REIIFD RUNT WADER TO BE USED AS A 0.UIING MIM. M-]M 12. 9wsfR Nrt TO K DfRartD IN ONE D EMDNNl1Y THAT PRMANCT SIUM 6 NOT REaIRED I - I RVICTOR SUPPLY RGI TORTS I n I I PW 6 1 B I I I T I C-001 V_ - mILET D]Im DRUM J IfARR C-Wx BOILER WKKNKR HJ1E 12 ECOMXISER V-6W NOTE 9 ID p � COxCENS9E 1 v-.B REl P-KKK BDIIER KIUiH WNDIN FEENOMER 1 v-m< T., xWp R-a V-601 16 1 WE 10 fo•w ixro PRDu o FOR m cfxwN PoI oz � xDDE z P_Nx a FCY_m1 • 9x-93S cOx RLTEfl mAY I I 3S xx O2 K KII GRE IMRED. IX_� • imsn M FI CON S BUILDING, X X NOTE 5 IS ...kk &SIKV3mWN 4KNLX'MARK COAK,IKLWO m19H]iE I1 OILLNGECOONR9RNDPPOND1SIgCT CCORG E 6 10MIIT%1 1IDE W CCMEN FOUNiPINVILLfY, RiE4URE CA9xEN AINICRpI SYSTEM EmUFM RD Nox R(-mx 53-CEST P.—R.aMVNOM CHOKE WARP AquaCritox Demonstration NOTEII R Plant Evaluation 1P- Project xmEa SUPPLY P,SCES$ WATR fmKxr naRKz Process Flow Diagram TANK No.1 1-1 OH P-HIM HIBX PRESSURE (A-30) N/A LOW PRESSURE LOW PRESSURE PROCESS WATER HFA1 m NE u6fRs 53—OCSD—DWG—PFD-1 D P-II W � - A-100 UNIT NOTEs NOTE 6 mrv-01 , EOM WIGIFA PER OPIUM NICE M i wx OPDEED W ofslGx. I ,a I, RN ICI XEaXCDDN0..UL MANAND UN Ms xenRAL CA$ MD 3. 0}I[gSelE 11 IRON MEN see,IME ♦. 6 A FREDGMIENT PRCCE53 6 x ME. 1.CLA ofSGN ROD CENTRIFUGE IFGEMWAMR E. 1Hf WILRNG ONDODCES W MAY W UAV]S IN RfNAIM MCCE6 WATER SUPPLY. CWSIIC NITRIC MO 1 5. IQ l0 w MINDSMBI PLOGMULYELAU Vu AN XCP UP IpIE] (uwUCN CVIIMFR P]UEl). S EM 6. KW MM /PUMP f TED NEW ENT[£NEMTDH PK-12OJ V-IMII rGllly,i0 Y LOGiFD/D.uCFM i0 AOVKAIIOx -U R(OIMIR - NI SNE W p_IMI XGlffl ], CO OUPR10 LONSISi Of TBL 1WKS EVL! XGX PASSVFS 0.WfIWMnpI IO UiEP ULTNL. f®PUMP$ UUMEN6fR _ i® P-103 1 3 ♦ WAI[w'BACK/l0I NAN MINE WA"RR 4�T(E iIIIK Ai END NE,2 WA MANI p_ID♦ 9. B1RJGLEIF D BELL RW PwIEARI FALINE O B.E USfExD5 1A1SN G L£IEMO LWAiEG WRHN UENC£N BUILDING WINC EcUE 10, PRODOCI IMW LO IEM NW CLEM NRRNE 5 LWIEWOR,LOG WITHIN CENOEN BUILDING W 4-1 VA A EN LEDWED PIPE RIIN 4M.6ER 11, MENUM. G 11, OUNDENUM Wrt m BE O11.x ME E410I TNT PRODUCT SIGM 6 NOT REWIRED 0 PROCEA wnreR RrrcioR SUPPLv R-`AI NOT I I I p I I B I I I I I I I ] I PoI MM RDIIER mIIfR oauu MGIER C_p� dMIFA cG10E16ER NO2 12 ECCNp11EEX DCII BLMWm XOIE 9 ro-DS,n�l VESSEL P-603 eussw P-xxx mIIER RfIUIN New fFEMNIER P-� rt'n>wrz _ _ _ _ I♦ 1 ro-06 NTE ID V-fi01 IN lw ixro UM 0�/ -� P-E01 v[ Ne �G 13 NOrt z fAlwpN i0 AW xmax I PLY-]01 4-5S 03 K WH GPOUPLIMIIED. Tnap of FI CONRWN BNLDING, PK-. - - 2 Ammonia RJE WBIOWN, HRrOCFN INNUND/Us WfXCX MIFF COAK,IAfUNO IxfRRW �PRLIUN TN5B1 -MM U EmLlmmtgau.0 9JPRr MBUEU BAANUEDRANGECOUMIGWRAnOx DI$INCI s-rol Iowa ELL6AvfNL4. 17 ON 15 Me c-]111 Xp�� NOrt 0 OUNiPINVILLfY, CP91]N MESBUJ E RFD RN ,W RUEM D P PK-]p$ 53-0ESo PMMG.RalxlNn -Ofc MiEF AquaCritox Demonstration �WII Plant Evaluation NOTE r�wmm� Project NOTE 0 NOTE55 V-w�cE Process Flow Diagram P-Iml / No.1 v-TM P-Imz xMAI PREssLPE (A N/Avn "/q NEW FAE.E LOW PREE9.PE PROCESS MIER NUMBER ro Pll usfRs 53-OCSD-DWG-PFD-1 mD F A-30 SYSTEM NOTES DECEIVING CONFIGURATION ° °°NMx`o FB VENTUURI EDUCTDR XIwXGf SYSTEM 51T1O1 x, STR EMIN6 Urv¢BEwlmw UNIT MIND roLmE _ u eENNO BE BOUNCE D DwiNµ wI BZW. GBBmePo SLUDGE STORAGE TANK DEGRITTED SLUDGE 3, C MIDEWIN TO BE GREN m THE BauINaBX BE _ STORAGE TANK wPROPme¢um ealWlw DEETTEMS). 35.6D0 gal Ixb1a WY IxBU WM IR,BW gal . LIQUID Dm'w DEXup: 155 TERAND My(M.W). 1% L.S. IA 0.5. M N[w W-BW LIWO COMEN SrBwt£TV ro H 3 M1r Awage f#f I M1r Slarage PBGn°ED IN M wY1M OF ME unwt .PIxMI. IxmD of S PXNLWCf LPL A DOWNSM i�RNYSIM.E BE EAXa 11NGEM UA MOVED MOM I_ — IXISING OX-sllE LEWIIEXW EQUIPMENT p¢x DMED J. PAD SIZING WILL Gal ON FULL DESTRUCTION Lw TRUCE)LIWO. "WE"' ER e. RECRUIT LEND rare[O[R llN11KK LgLW.Lxr ro R P EM B. WLUIE'DLWFIER.srsm. 10. SWDGE PUWXG TO BE fM9ED CUT.1 x5Z Of NUNN PDEBTOR w TOR THEREFORE INS TOBE SEEM Marl Gal Nal z II. SLIWE LINE SIZE mu NEED ra INERECLE EaLaWIw IM Werw mLUWry PUNDITS WER FOR wMETEME IN EnD IOIttA POLYMER VOLUTE nwxns ME RE wren wErnDX PDlxr MD MIXER Isc TM MAKEUP DEWATERING ME LMCnmN a CLOSE n PRIGUOnuY POSSIBLE TO sw°GE STBwGE MR, MTEM PRESS uoxBNOTES I 1Mrz l I I A wV F N,xe wM N TRI DI I I .asCLARIFIER 4,512 go RI a 111 R AQUACRITOX PACKAGE i �wl WN 1. Na END I 800 gal/hr 0 16% D.S I THICKENED ASH (See PFD No.1) I STORAGE SILO WEENTONW, — BE S a R D ---------J a brage WE END NTU. s CENTRIFUGE sCFI [MIFRaDSSv BWJNi CCIMYSWEIIMINR51BlG! > R VNv Irou¢IEnLUs LEDO U M w iWMPINVILEY, TREATED UOUID EFFLUENT rwmme STORAGE TANK WERE 1.128 gal A IFS � 53—CCSD 1 M1r SbroTe �� U$p B Aqua Critox Demonstration FLOCCULATION TANK Plant Evaluation Project L Z wDID Process Flow Diagram No.2 r (A 3 wb. MS 53-OCSD-DWG-PFD-2 �F F A- 100 SYSTEM NOTES I. PEdLLE WE N PRONTEE 6MINW W MIXING WINN NXI DEGRIFIING GREENT CONFIGURATION DATA, mGRSEELL0FASTx"NIE°JILOGN°Dm SYSTEM ANEW "I" ]. EdIIEU NGx TITFAOODS � XGNI TOBEGO�DIIIxN PROIA'ID NXI awlW Wien DEDICATED amx mxmEL rW.�wl/M1' 41 NOW Mx SLUDGE STORAGE TANK oeu DEGRIITED SLUDGE x ttN9DERATE AR Rf GIVEN EA rxf PGnmx DE STORAGE TANK uPGPxurz AG ealpalxc pEMGEg} wn rr 8].200 gal 41 wE/^' aLox[ 4TULG) gal UW 0 EN IN ADD.5I5 15 0.5. pp W, TEDSNsj S. (/NW). IR �.5. 4 U. OxYCm N BE FEDERATED NP 1 pE[Ip,IFD ALL WE 2 NO$Iwge I a 1 M1r 5lamge JAMMUp MOSLEM SN Mf IMMEDIATE NGINIM1 O UNIT I Nf IIHfI !O BOOSTED T NDN. p B. pUFFEUT ADEDA ALAENT NATO OO .ADDTERMSWY q5T G C�PSTLE DEWPRMNG EQUIPMErytX9HD FEE G, pM Y ]. PIMP NEW WILL DEPEND ON FINAL IMPORTANT Of FOLLOW, POLYMER TREATED FLUID 1Is To MAKEUP E. TANIRfMfM FOR OWR WIIOVOL fWIPMfM 70WE SYSTEM fD G WI 9. XYER'DGSXmNG SYSTEM LA OMFA Mf. axG) la. EBLUEAGNO PUMPING ro BE cavxlm E B ND aR v Gp IRA TNFPErpIF pxFS TO BE 92F0 MPROPR 2LY. D wA ERED RaaM POLYMER SLUDGE VOLUTNOTABLE FLUDGERMS E 11 ONE WATER FINE¢UTION WILL a mp x WE OM MAKEUP STORAGE SILO DEWATERING RENEWED EnwRf xMfR IN..FELT uo upER SYSTEM PRESS s�ufip¢smr+ci ixl Lrf 2,600 g0I RAW IR F.5. Now_ b ge m yarlr AGE A 184A OVAL m cew AFTE�� II I CLARIFIER wm to 15,'48 gal 9 TO RafenLm A- 100 ART RAXXXN AQUACRITOX �G �I .A-1 PACKAGE * BULL m F I 2,600 gal/hr ® 16% D.S I � i xn mR MEND.1 (See PFD No.1) I xmxx w.m xw wa MMEENE FE RE SON ---------- I urxwr lsaLCENTRIFUGE Is m57C F1 WERE x �0 DRexra mxn'sexuallollDlsnan Drn O NTAINVELLEY >Mxrz t l nta Gx ECUxin'a"T', Gglllx TREATED LIQUID EFFLUENT STORAGE TANK AW IpIE 3,762 gal 53—OLSa D.S. 1 NO Slarcge AAWA_ AquaCritox Demonstration E N:^' Plant Evaluation FLocculATloN TANK AGE A Project — — — — — — — — — — — — — — — — — — — — — — — — — — — - ~Process Flow Diagram No.2 r IIe+�am. (A-100) ��I um MS 53—OCSD—DWG—PFD-2 mG Final Evaluation Study Report Doc:53-0C D-ENG-REP-15 APPENDIX C - MASS $ ENERGY BALANCES (INCL. SANKEYS) SCH Group LTD A-30 Primary Sludge Feed A-30 Secondary Sludge Feed o (Note:These Mass and Energy Balances are to be read in conjunction with Process Flow Diagram No.1(Ref:Appendix B)). AquaCritox A30 Primary Sludge Recycled Heat:1369.0 kW Economiser Reaclor Electrical Input:92.4 hW - POWer Elecblcty:479.O hW Gen kHol Water:14W.0 kw Owmba On"n:57.O kW Loollrg:lM.O kW Sludge Heal of Combustion:2169.0 kW HeM Los[To NMospMha:I-d kW Energy Lost Through Pressure Redundon:70.4 kW AquaCritox A30 Secondary Sludge Recycled Heat:139e.0 kw Economizer !Realckw . Electrical Input 92.4 kW PoviGen Electncty:305.3 kW Gen Hot Water:915.8 kW Quench♦Oxygen:31.0 kW L M6.0 kW 0 Sludge HNlof Combustion:1524.0 kW Heat Lost To Ftmasphere:99.0 kW Energy Lost Through Pressure Reduction:70A kW mmmoommmmolm©mm0000mmlm00m0mtmmmml00® `�"''memo®amamo®ooama�mm�®000000mm®®moo mmmolot®oammmmommammmaaoaaaaammaaoo am000aaamooma®mammmm®m0000000®®00 ¢�o�000a®a®000®a®a®�®®®®ooaa000®®om e.�om000aaa0000aaoaomaooa0000000000a �ammmom®mamm®o®®mammmm®m•00000mmm®m•o �mmmoo® .®®..m©©gym ©mom©mom®�®®mom®m©��m®o0©o®o�om©000 ammo®omomotmamomommm�0000m,®omm©®®® �ommo0m®®mo®m®om©mmmmo®©omto�mm000® :��om000©mmmommmmmommmmmtm�©mmommmtmm.o ommoommmmolmomm000mm0®00m0mlmmo®o©® `�"���ma®omm®®o®mmomo®mmm®®®®®®���®mm•o mamma®omoomo©o©0000m000a00000ao®aoo `'®o�aao®mommt�omomoam000a00000am0000 ¢¢�o�aoaomomo�o©o®o®m®�®®�00000m®®off a 0 m�a, ®mo©m®mmtm0m®®®m0mmmm®®a®®m©ooa mm•ammo®mmamamommmammm0m,00mm,mmmmmtm.m•© mmmamm®0®a®mmmmml®mmamtmm®®a®mm®ota© ' mmmamtmm®oo®mmm©omm®®®m.®®gym.®mmmlm,om• m• am®o®mmamommmmmo®ma�mtm.m®�m.m®mmmm® 11 AquaCritox A100 Primary Sludge Recycled Wet:Heidi xw Economiser Reactor Electrical Input:308.0 kW POWer Electicty:1597.0 kW Ge Not Weter:a191.0 hW sludge Reel of Combustion:7230.0 kW Quench Oxygen:189.0 hW Cooling:5720 kW XeM Lost To Atmosphere:SILO kW Energy Last Through Pressure Reduction:256.0 its AquaCritox A100 Secondary Sludge Recycled Heat 4562.0 kW Economiser Reaclof Electrical Input:308.0 kW post, Electricity:101a.O kW Gen eommg: Not water:3049.6 setSludge Wet of Combustion:5070.01w gen:Quench Ox 103.0 itsl5Lo kw W Lost ToAMdapMre:L15.0kW Energy Lmt Through Pressure production:158.0 kW Final Evaluation Study Report Doc:53-06D ENG-REp-15 APPENDIX D - CAPITAL COST PROJECTIONS SCFl Group LTD PROJECTSUMMARY EaXnab Claee: a mlen. SEA,-CMar OenwmbNm Plats EnWa4on Suq pIC: CIT'S SENT RE AS FIGANII VI CA SSSAI. .P SIT I. 1.10 u%e.ee: R6,w,RRR ADS PRE-PROCESSING FACILITIES.SITE SPORN.AND PORFER DISTRIBUTION fETG.9N N]A03,515 p $2,00,13P 4p95,51Y RGAI .AS, S]6 GO yo1 r ENO,6v N f510,N1 SON,IRS "II T] N1;110 OS VOMe Prep $1.110}I] $1.BN.SN ape IN1 N, Wm DO E.SADI .P—GNI,l., $SA63AN S,EGR v AGARCNTOKFxlmreS I;1vpSa INpmpv DO mlm PxFee $7.150.000 N.1B1d3] NltOa NS0,N0 POSTMCCIRIXO FMW}I!5 f1A00.SS R.N1}31 I,N,xe maN] Emxm Rex CLl NR,101 $N.. 1] TSdwMaMBma a SY],N Eem,u] M TiSRm .._ fSWAn S1.00I TOTPLdRIRCOST $11,NS.1N SNAN.NS CGCS.G ux NNOM.1S Cupbbl 00.]0]MI ISS 3R,IXg.S7 6ubWl fSS.]]].NS G.S.COMnaa,MeXretl.PM1l RXF IS% $].]SO.Wi Supbul ISSN;OS EI SON M VC 6ubWl fN.IN.NS 6aW iv ISaeetlm50%NgrMC0W...I N1 Su 9pbbl ISIMLO1,0 N TOTAL ENNLTEO COXSTWC11011 COATI fSIMI.ON iMmaxdmhhreinwe CkeeOEvfinWvcbFM6Ylre/axxnlorelNJeanx nldEIG�¢&Sp RANTSEI RemmmnMJRx'Acea T&RG7 mOw wawpmaplw damenlmMYbnx&mapgbtlbWm COYa ae MaeSm� Lox Aipebx ENR Cm9wdan COL hNrdif,ePe.Thw r.ma.ourpaexwr,xreXrb,rd.xurerexm.lmw mxala;..ralearom.po...a.n.plW.aae.gn�,ra�.x. c.rme E,rgree�nerre oe amwo✓., mw,xuymwrC nornmxxpowaeaer sx .—GAS aremrml , a*+row�.tia0,v e°rn u'l a�rmmooa wa�xoraam�ymerePs.. c«wee,rgrr.�x�iwxm�..�w...wxov�rariai�m.�vo.xx, -GAS.awr C Gar^n'+ .,�.....,.....,».> PROJECT SUMMARY E4mmclaaa. a npaer. uOcrMn RmonarAan vYm Evemanan sorry P CIIOM PM: PG Cu I,Mb0 10099P.00 Renewe@ MAG,RRH WORK MO POKER OISMBWx N $11.5x,e]5 f18.93].001 &ummkYW Plpn,ana SNVNnIFwMatlon $?9BO,O1B fa.900,039 Slutl esomnl fIW,0.O fF5],¢W 145,]v E105e,00x 00 ms few,wl a1an.]91 4 273 41a4m vaw Prxe axa09.4s aa9Bo.o4 n..5e $1?09,428 oOxba Bla nw.mrolammbx a.o0opoe as.mx.41 sOuncmox FPCIUTIM 4o,lls,000 f4,4g14 .m 1 $17.875.000 a4,a4.18e $2,Mo,0 E?sls,BBB POBAPROC691NGWILIBCn $,. .N 4A101B EmwB81m a $I.. u1e Gw 13 EM F1uc CIF fb38,101 4n5,1Tf ThbkenM MhS .7. 4P90,N0 4 $1A,]a+ TOTR GI.TCO3i f]].IIBRBO W.1BB.1B8 C x5% f9,0.0,519.W 9utldY $37,092,B70 33,]®,335.w SWW 41Mx.1sl Wa01<mWdw Owlnxa.pMXB RIM 15% $S$1B.$N 9WMY 4x.04M0 E0 WW 4LeNM0 8Y0Ret Bacaf $1,1W.715 49,u9,us TOTAL Eo IEO CONSiROCiIOX COST 4B.f0B.1B5 Co4Eipmmrq NMmNrvW Rxvmm dPnxvw 1B 17 MY buetlon wrp»eprM WawmpmnMWnegtlnpq'0gbue0en.COHe»Maeam aOdcLar MlSLoe M9ege ENR CaWrvgbn CoelMha 0II,B3n 1Ne rseuaryclbtlrrSaazXngoryclaeagn meNex. Cerdb Erryvram M1ewmmha'oiu oaldlabor�m0rend40quBxnNx:mraankup'oWolabydM mHradw'emaw mbmNlWa o/erauvg NO wM wWtlNermAtinB MaPA v Atl¢rq almM1gea Cadb Final Evaluation Study Report Doc:53-06D ENG-REp-15 APPENDIX E - OPERATING COST PROJECTIONS SCFl Group LTD Table:B-02(a) 11 MIA-30 ADP Project SC C' OCSD ADP Project April '16 r AquoCritox Model A30 Primary Wet tons processed per annum 24,802 US Tons Dry Solids% 16% Feed to AquaCritox Dry tons processed per annum 3,968 USTons Us$ $Per Wet Ton $Per Dry Ton Opex of Upstream equipment(Else&polymer) 223,404 Opex of AquaCritox(Oxygen,electric&maintenance) 579,593 23 146 Current Dewatering Opex Cost Avoided(Else&polymer) 131,402 Current disposal avoided 1,240,100 5250 313 Estimated Annual saving v's current practice (without steam or power generation) $568,505 23 143 Steam Generation Value Metric Units Thermal power generated 1,917 kW 2,571 hp Steam Enthalpy @ 8.6 barg(125 prig) 2,776 kJ/kg 1,193 Btu/Ib Steam produced per hour 2,486 kg 5,481 Its Steam produced per annum 18,645,173 kg 41,105,521 Its Value of steam $25.3511,OOOkg $11.50/1,OOOlbs Attributed value of steam per annum $472,655 $472,655 Notes: Issued in Commercial confidence No State or Federal Support included in capital costs Figures are all order of magnitude Maintenance. labour Costs not considered in calculations 22% 65%o EleRdcky 65% 13% AquaCritox Opex breakdown Summary Breakdown Dewatedng Opex Avoided $131,402 Disposal Cost Avoided $1,240,100 + Value of Steam Generated $472,655 + Total Value Accrued $1,344,157 Less Aquacritox Opex $802,997 - Nett Surplus $1,041,160 Table:B-02(b) Secondary OCS SC FI OCSD ADP Project April '16 m . u re a AquaCritox Model A30 Secondary Wet tons processed per annum 24,802 USTons Dry Solids% 16% Feed to AquaCritox Dry tons processed per annum 3,968 USTons $Per Wet Ton $Per Dry Ton Opex of Upstream equipment(Flee&polymer) 223,404 Opex of AquaCritox(Oxygen,electric&maintenance) 488,345 20 123 Current Dewatering Opex Cost Avoided(Elec&polymer) 131,402 Current disposal avoided 1,240,100 5250 313 Estimated Annual saving v's current practice (without steam or power generation) $659,752 27 166 Steam Generation Value Metric Units Thermal power generated 1,221 kW 1,637 hp Steam Enthalpy @ 8.6 barg(125 prig) 2,776 kJ/kg 1,193 Btu/lb Steam produced per hour 1,583 kg 3,491 Its Steam produced per annum 11,875,720 kg 26,181,451 Its Value of steam $2511,000kg $11.50/1,OOOlbs Attributed value of steam per annum $301,050 $301,050 Notes: Issued in Commercial confidence No State or Federal Support included in capital costs Figures are all order of magnitude Labour Costs not considered in calculations Maintenance 27% El ,tnaty 15% AquaCntox Opex breakdown Summary Breakdown Dewatering Opex Avoided $131,402 Disposal Cost Avoided $1,240,100 + Value of Steam Generated $301,050 + Total Value Accrued $1,672,551 Less AquaCritox Opex $711,749 - Nett Surplus $960,302 Table:B-02(a) A-100 Primary �� FI OCSD ADP Project May '16 rtrµ AquoCritox Madel A300 Primary Wet tons processed per annum 82,673 US Tons Dry Solids% 16 Feed to AquaCritox Dry tons processed per annum 13,228 USTons Us$ $Per Wet Ton $Per Dry Ton Opex of Upstream equipment(Else&polymer) 590,037 Opex of AquaCritox(Oxygen,electric&maintenance) 1,331,246 16 101 Current Dewatering Opex Cost Avoided(Else&polymer) 401,464 Current disposal avoided 4,133,650 62,50 313 Estimated Annual saving v's current practice (without steam or power generation) $2,613,832 32 198 Electrical Power Generation Value LAetric Units Electrical power output 1,585 kW 2,126 hp Electrical power per annum 11,888 MW 15,941,399 hp Value ofelectrical power $871MWh $65/1000 hp Attributed value of electrical power per annum $2,034,223 $1,034,213 Notes: Issued in Commercial confidence No State or Federal Support included in capital costs Figures are all order of magnitude Labour costs not included in calculations Maintenance 0 29% Mcity ]t% AquaCritox Opex breakdown Summary Breakdown Dewatering Opex Avoided $401,464 Disposal Cost Avoided $4,133,650 + Value of Electrical Power Generated $1,034,213 + Total Value Accrued $5,569,327 Less AquaCritox Opex $1,921,282 - Nett Surplus $3,648,044 C A-100 Secondary Table:8-02(b) -Sc r OCSD ADP Project May '16 Aquabitox Made1 100 Secondary Wet tons processed per annum 82,673 US Tons Dry Solids% 16% Feed to AquaCritox Dry tons processed per annum 13,228 US Tons US$ Per Wet Ton $Per Dry Ton Opex of Upstream equipment(Elec&polymer) 590,037 Opex of AquaCritox(Oxygen,electric&maintenance) 1,331,246 16 101 Current Dewatering Opex Cost Avoided(Elec&polymer) 401,464 Current disposal avoided 4,133,650 62.50 313 Estimated Annual saving v's current practice (without steam or power generation) $2,613,832 32 198 Electrical Power Generation Value Metric Units US Units Electrical power output(based on 25%efficiency) 1,014 kW 1,360 hp Electrical power per annum 7,607 MW 10,200,987 hp Value of electrical power $871MWh $65/1000 hp Attributed value of electrical power per annum $661,798 $661,798 Notes: Issued in Commercial confidence No State or Federal Support included in capital costs Figures are all order of magnitude --+ Labour costs not included in calculations 71%Ele n1c AquaCritox Opex breakdown Summary Breakdown Dewatering Opex Avoided $401.464 Disposal Cost Avoided $4,133,650 Value of Electrical Power Generated $661,798 Total Value Accrued $5,196,912 Less Aquacritox Opex $1,921,282 Neft Surplus $3,275,630 Final Evaluation Study Report Doc:53-06D ENG-REp-15 APPENDIX F - PRELIMINARY PROJECT SCHEDULE SCFl Group LTD ID Task Task Name Duration Start Finish 2016 2017 2018 2019 2020 8 Mode 1 4 1 4 1 4 4 1 1 NTP from OOD 1 day Toe 1/3/17 Toe 1/3/17 1/3 3 a Preliminary Design SO days Wed 1/4/17 Toe 4/25117 3 a Detailed Design 260 days Wed 4/26/17 Toe 4/24/18 4 a Bid Period 80 days Wed 6/20/18 Toe 10/9/18 5 a Open Bids lday Wed 1o/10/18 Wed 10/113/18 0/10 6 a NTP to Contractor 1day no 12/6/18 no 12/6/18 1 1216 ] a Construction 441 days Fri 1/4/19 Fri 9/11/20 0 all Earthwork/Foundation 100 days Fri 1/4/19 Thu 5/23/19 9 a Submittals for Critical Equipment 160 days Fri 1/4/19 Thu 8/15/19 '.. ID a Equipment Delivery and Installation 160 days Fri 8/16/19 Thu 3/26/20 11 a Startup and Commissioning 120 days Fri 3/27/20 Thu 9/10/20 12 a Final Completion 1day Fri 9/11120 Fri 9/11/20 , 9/11 Task External Tasks Manual Task Finish-only ] split .................... External Milestone ♦ Duration only Deadline Project:ocsd schedule W616.mp Milestone ♦ Inactive Task O Manual Summary Rollup Progress Date:Mon 4/25/16 Summary Inactive Milestone O Manual Summary Project Summary Inactive Summary Start-only C Page 1 Final Evaluation Study Report Doc:53-06D-ENG-REP-15 APPENDIX G - "VOLUTE" DEWATERING PRESS PILOT REPORT SCH Group LTD Report on Piloting of the Volute Dewatering Press & Thickener at the Orange County Sanitation District Plant 1 , Fountain Valley, CA April 7 - April 14, 2016 L Vn.- UNIT PWTech PROCESS WASTEWATER TECHNOLOGIES LLL Process Wastewater Technologies, LLC. 9004 Yellow Brick Road, Suite D, Rosedale, MD21237 Phone: 410-238-7977, Fax: 410-238-7559 Pilot Operator: Kyle Kinard Report Prepared by: Kyle Kinard Manufacturer's Representative: Tarn Victor, JBI Inc. Summary • Piloting of the Volute Dewatering Press and Volute Thickener was undertaken at the OCSD Plant 1. The Volute processed both TWAS (5% solids) and Primary sludge (3% solids) • The Volute systems were able to generate cake solids as high as 40% on the primary sludge and 16.7% on the TWAS. The Volute was also able to consistently generate results with a 12-15% solids window that was a stated goal of the pilot. • The pilot established that a combination of a dewatering press processing TWAS and a thickener processing primary sludge could meet the needs of OCSD in the future. Volute Dew Press Pilotilot Test Report PWTe CA ch OC Orange County,CA �owssw.snw.re.reo«orouss uc April 2016 Contents 1. Introduction ....................................................................................................................... 2 2. Objective........................................................................................................................... 3 3. Pilot Set-up ....................................................................................................................... 3 4. Testing and Sample Analysis............................................................................................ 4 5. Results and Discussion..................................................................................................... 5 5.1. TWAS with the Volute Dewatering Press ................................................................... 5 5.2. Primary Sludge with the Volute Dewatering Press ..................................................... 7 5.3. Primary Sludge in Volute Thickener........................................................................... 9 6. Conclusion ...................................................................................................................... 10 7. Acknowledgements......................................................................................................... 10 Appendix—All Results............................................................................................................ 11 Appendix-Table 1 Calculations Expanded............................................................................ 12 1 Volute Dew Test Press Pilotilot Test Report PWTe CA ch OC Orange County,CA �owssw.snw.re.reo«orouss uc April 2016 1. Introduction PWTech conducted a pilot study of its Volute Dewatering Press and Volute Thickener technologies at Orange County Sanitation District (OCSD)WWTP Plant#1 in Fountain Valley CA. The pilot study was intended to investigate if and how the Volute technologies can be used to dewater primary sludge and TWAS as part of a future plan involving the installation of a supercritical water oxidation reactor at OCSD's Plant #2. Plant #1 offered better facilities for piloting and has a similar treatment process and so was utilized for the pilot study. A diagram of the treatment process at Plant #1 can be seen in Figure 1. The plant operates at around 90MGD and uses a trickling filter treatment process with primary clarification. Secondary sludge undergoes DAF thickening before it is anaerobically co-digested with primary sludge. Dewatered is accomplished with belt filter presses. Influent Readworks Primary Trickling Secondary Reclaimed or Wastewater Clarifier �° Filter Clarifler 7 Chlorination Discharged Anaeroh TVAS ic DAF Digestion Volute Pilot Belt Filter Cake Solids Presses Disposal Figure 1: Diagram of treatment process at OCSD Plant#1 The potential installation of the CritOx reactor at Plant#2 establishes a need for sludge that is 12-15% solids. PWTech's Volute line includes a dewatering screw press and a thickener that could potentially fill this need. 2 Volute Dewatedng Press Pilot Test Report PWTech OCA Orange County,C ccssw.srew.rearecw,ocooiss uc April 201616 2. Objective PWTech's pilot study at OCSD's Plant #1 aims to demonstrate the ability of the Volute dewatering press and thickener technologies to concentrate the plant's primary sludge and TWAS to 12-15%. The study will also attempt to provide an accurate picture of other results that an installed Volute would achieve such as throughput capacity, polymer use, and solids capture. 3. Pilot Set-up The Volute Dewatering Press ES201 trailer mounted pilot unit was set up adjacent to the plant's anaerobic digesters. Primary sludge and TWAS were accessed from valves close by. Three phase 480V power, 120V power and polymer dilution water were all provided by the plant. Dewatered solids were discharged into a self-tipping hopper and emptied into drying beds. Separated effluent water, referred to as pressate, was gravity drained to a pit and returned to the headworks. Figure 2: Volute discharging cake solids at OCSD Plant 1 3 Volute Dew Press Pilotilot Test Report PWTe CA ch OC Orange County,CA �owssw.snw.re.reo«o,ouss uc April 2016 The ES201 model Volute used in this study has a stated solids loading capacity of 80 dry Ibs/hour. The VT201 model thickener used in this study has a stated hydraulic throughput of 45gpm. 4. Testing and Sample Analysis After the unit was started and operating smoothly, the process of finding the optimal conditions began. Parameters under the operator's control were changed to determine the operating conditions that produced the driest cake solids at the lowest cost. Controllable Parameters: • Feed sludge flow rate • Endplate gap—the gap between the rotating plate and the end of the dewatering drum through which the cake is discharged. • Screw speed —rotational speed of screw in dewatering drum. • Polymer type—Solenis Praestol 290 and K279 • Polymer dose In order to determine the effectiveness of the unit, samples were taken one hour after making changes to the operating parameters and analyzed. These samples included: • Feed solids— measured as total residual solids (TS) in percent [% w/„,] • Cake solids— measured as total residual solids (TS) in percent [% w/w] • Pressate solids—measured as total suspended solids (TSS) in mg/L Feed and cake solids tests were done on site using a Sartorius Moisture Analyzer, which measures the cake solids concentration to 0.1%. It function's by recording the initial weight of the sample, heating it until the change in weight drops below -1 mg per 60 seconds, and then recording the final "dry' weight and using the formula below, calculates total % solids. Total % Solids = 100* (A/ B) where A is the weight of the dry sample and B is the weight of the wet sample. The polymers supplied by PWTech were NSF approved cationic emulsion polymers and were shipped to the site in 5 gallon pails. Solenis Praestol 290 (44% active) and Solenis Praestol 279 (43% active) were trialed. The polymer activation system mounted on the trailer blends 4 Volute Dewatering Press Pilot Test Report PWTe CA ch OC Orange County,CA �owsswu�sw.re.reo«ocouss uc April 2016 the raw polymer in the pails with water to create an activated solution which is then introduced into the sludge line to achieve flocculation. 5. Results and Discussion A fully comprehensive set of test run parameters and sample results is tabulated in the appendix of this report. 5.1.TWAS with the Volute Dewatering Press The first period of piloting at OCSD consisted of processing the plant's TWAS with the Volute Dewatering Press. In order to isolate the effects of parameter adjustments on dewatering results an effort was made to change as few variables at a time as possible. For the first several runs the effect of polymer was the point of focus. Other variables that were held constant during this time were solids throughput (-60% of the unit's rated capacity), endplate gap (4mm), screw speed (50% of max speed), and floc mixer speed (75% of max speed). The results from the polymer changes on the TWAS can be seen in Figure 3. 18 17 16 • • 15 • vo 14 • • Y V 13 • 12 11 10 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 Polymer Dose (active Ibs per ton of dry solids) •Praestol 290 •Praestol 279 Figure 3: Polymer dose vs cake solids(for runs at similar TWAS throughputs) Some of the takeaways from this portion of testing included: Most effective polymer type — jar testing on the sludge prior to piloting indicated that Praestol 290 was the most effective polymer type for this sludge. Pilot testing 5 Volute Dewatedng Press Pilot Test Report PWTe CA ch OC Orange County,CA �owssw.snw.re.reo«orouss uc April 2016 confirmed this as the Praestol 290 was able to generate drier cake at lower dosses than Praestol 279 (the second most effective jar testing polymer) • Minimum effective polymer dose — 16-18 active Ibs of polymer per ton of dry solids (Ibs/ton) was the dosing range that was required to reach the stated goal of 15% cake solids. • Maximum effective polymer dose — increasing polymer dosing rates above 21 Ibs/ton did not yield further increases in solids concentration. With an effective polymer dose range established the next step of piloting was to test the throughput capacity of the Volute when dewatering the plant's TWAS. With polymer dose held at 17 Ibs/ton solids throughput was increased from 50 Ibs/hour (60% of the pilot unit's rated capacity) to 70 Ibs/hour(90% of capacity) and to 106 Ibs/hour(130% of rated capacity). As can be seen in Figure 4, with the increase of solids throughput there is a corresponding negative relationship in solids concentration. This is sometimes a trend in screw press based technologies due to the fact that as flow is increased through the equipment the dewatering screw speed must also be increased which lowers retention time and allows more water to be retained within the solids. Although this trend was present in this pilot the Volute Dewaterng Press was still able to operate quite well at higher throughputs. The fact that at this pilot the press was able to generate cake solids above 14% at a throughput higher than its rated capacity provides a certain amount of flexibility when sizing a full size unit for an installation. 17 16 • 15 • d° v 14 • 0 � 13 N Y N V 12 11 10 40 50 60 70 80 90 100 110 Throughput)Ibs of dry solids perhour) •Praesto1290 Figure 4: Solids throughput vs cake solids for TWAS sludge TSS analysis of the pressate yielded the solids capture rates for each run during this stage of piloting, Figure 5. In most installations pressate is returned to the head of the plant's treatment process and therefore pressate quality is not often a critical part of the equipment's 6 Volute Dewatering Press Pilot Test Report PWTe C ch OCA Orange County,CA �owsswu�sw.re.reo«ocouss uc April 2016 performance. However a high solids capture rate ensures that the equipment is running efficiently and low solids capture rates can be a good indicator that adjustments are needed. During the TWAS portion of the piloting solids capture rates were noticeably lower in runs 1- 3, and 9. These 4 runs all took place with polymer dosing rates lower than 15 Ibs/ton. This indicates a polymer under-dose which corresponds to the polymer findings discussed previously. When polymer doses exceeded the minimal required dose capture rates were all above 98%. 100 99 • • • 98 • • • 97 N • j 96 • • 95 • V V 94 O 93 an 92 91 90 0 1 2 3 4 5 6 7 8 9 10 11 Run 11 •Praestol 290 •Praestol 279 Figure 5: Solids capture rates for TWAS sludge 5.2.Primary Sludge with the Volute Dewatering Press After dewatering the TWAS the next stage in the pilot was to run primary sludge through the Volute Dewatering Press. Similar testing steps to what were previously discussed were followed with the first focus being to establish a relationship between polymer dose and cake solids, Figure 6. 7 Volute Dewatedng Press Pilot Test Report PWTe CA ch OC Orange County,CA �owss w.snw.re.*so«orooss uc April 2016 42 40 • 38 36 • 34 3? 32 • 30 • 28 H 26 • 4 24 x 22 • • N V 20 • 1 166 14 12 10 0 2 4 6 8 10 12 14 16 18 20 6 l � Polymer Dose (active Ibs per ton of dry solids) • raesto 90 • raesto 79 Figure 6: Polymer dose vs cake solids(for runs at similar primary sludge throughputs) As is normally the case, the primary sludge proved much more conducive to dewatering than the TWAS. The high percentage of fibrous material in the sludge lead to very strong flocculation and corresponding dry cake solids. Unfortunately this proved to be too much of a good thing for the dewatering press as cake solids of 2040% were beyond the range desired for this project (12-15%). In order to try to get the primary sludge to 15% polymer dose was decreased as low as 6lbs/ton. At the lowest doses the pressate quality was very negatively impacted (solids capture rates as low as 76%) however the cake solids were still around 20%. 100 98 • • • • • • 96 94 92 90 88 3 86 re • V 8 82 • V 80 • H 78 76 • 74 72 70 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 Polymer Dose (activelbs perton ofdrysolids) •Praestol 290 •Praestol 279 Figure 7: Polymer dose vs solids capture for primary sludge in the Volute Dewatering Press 8 Volute Dewatedng Press Pilot Test Report PWTech OCA Orange County,C �owss�w.rea-ocooiFs cLc April 201616 5.3.Primary Sludge utilizing the Volute Thickener Knowing that the primary sludge at OCSD plant 1 dewaters very well the decision was made to process it with the Volute Thickener pilot unit. With a faster rotating screw and therefore less retention time than the dewatering press the thickener was able to easily get the primary sludge within the 12-15% window that was desired. 20 18 16 3 14 e a 12 H 10 a m $ u 6 4 2 0 10 11 12 13 14 15 16 17 18 19 20 Polymer Dose (active lbs perton of dry solids) •Praestol 290 Figure 8: Polymer dose vs cake solids for primary sludge in the Volute Thickener As far as polymer performance with the primary sludge there did not appear to be a drastic difference between the dewatering press and thickener. For both pieces equipment floc integrity appeared to suffer at doses lower than 12 Ibs/ton which resulted in a drop off in solids capture rates. A trend that often shows itself with the Volute Thickener is the ability to control solids concentration by only varying the speed of the screw. With polymer dose set at 15-16lbs/ton and sludge feed rate held constant the thickener was able to change solids concentrations by changing the retention time of the flocculated solids, Figure 9. This feature of the Volute is especially helpful in a scenario such as at OCSD where a particular window of solids concentration is desired. 9 Volute Dewatering Press Pilot Test Report PWTe CA ch OC Orange County,CA .sowssw.snw.re.reo«orooss uc April 2016 20 19 18 • 3'. 1] v 16 — N 15 • w • m 14 — • V 13 12 — 11 10 0 10 20 30 40 50 60 70 80 90 100 Screw Speed (%of maximum) •Praestol 290 Figure 9: Screw speed vs cake solids for primary sludge in the Volute Thickener In addition to being able to increase the water retention in the solids the Volute Thickener generates less pressure of the flocculated sludge which leads to higher solids capture rates. With the thickener capture rates as high as 99.7% were observed and even at low polymer doses capture rates did not go below 95%. 6. Conclusion Piloting of the Volute Dewatering Press and Volute Thickener at OCSD Plant 1 was able to establish a variety of useful findings. The Volute Dewatering Press was able to dewater the plant's TWAS sludge to cake solids as dry as 16.7%. A minimal polymer dose of 16-18 Ibs/ton was established for the TWAS. The Volute Dewatering Press generated cake solids with the primary sludge that exceeded the desired concentration however the Volute Thickener easily produced 14% solids with the primary sludge. Overall piloting established that an installation consisting of Volute Dewatering Presses and Thickeners could very effectively meet the requirements of OCSD's future plans. 7. Acknowledgements PWTech would like to extend its gratitude to Jeff Brown and to the staff of OCSD for their time and effort in aiding with this pilot study. Without their contributions the pilot study would not have been possible. 10 atering Press J Volute° Pilot Test CSID PWTfch Orange C Appendix —All Rsul! \ } \ 2 } k \ L / ad \ } | | { L . , ; _ � , - _ . - , 2 on _e __ „ Volute Dew Press Pilotilot Test Report PWTe CA ch OC Orange County,CA �owssw.snw.re.reo«orouss uc April 2016 Appendix -Table 1 Calculations Expanded Active Polymer Use relates polymer used to solids generated. It is the ratio of active polymer used to solids throughput, and is commonly calculated as pounds of active polymer per dry ton of solids. In order to show this calculation, solids throughput and active polymer flowrate are calculated first. Sludge is assumed to have a specific gravity of 1. Solids Throughput: calculated for one hour. min lb Sludge Flowrate (gpm) . 60 hour s 8.35 9 aL = pounds of sludge per hour influent solids% lbs of sludge 100 hour = lbs of solids per hour Active Polymer Flow for one hour is calculated from Raw Polymer Flow: mLs of raw polymer min % active lbs » 60 — * + .0022 — = lbs of active polymer per hour minute hr too mL Active Polymer Use is the ratio of Active Polymer Flow to Solids Throughput: lbs of active polymer per hour 2000 lbs = lbs of active polymer per dry ton of solids lbs of solids per hour ton Polymer Cost per Ton of Solids is calculated from Active Polymer Use and Solids Throughput: lbs Of active polymer %active dry ton of solids 100 = lbs of raw polymer per dry ton of solids lbs of raw polymer $ * _ $per dry ton of solids dry ton of solids Lbs of raw polymer 12 Volute Dew Press Pilotilot Test Report PWTe C ch OCA Orange County,CA �owssw.snw.re.reo«orouss uc April 2016 Example calculations for run # 2: Note: Numbers in the spreadsheet are rounded to the nearest tenth place and nearest integer to keep it neat and easily readable. Numbers may vary slightly from the example calculations below. Solids throughput: min lb 2gpm * 60 hr * 8.35 9 allon = 1,002lbs of sludge per hour 5% 1,002lbs 100 * = 50.11bs of solids per hour hour Active Polymer Flow for one hour is calculated from Raw Polymer Flow: 5.05 mLs min 44% Ibs * 60 — * — * .0022 — = 0.3 Ibs per hour minute hr 100 mL Active Polymer Use is the ratio of Active Polymer Flow to Solids Throughput: 0.3 Ibs polymer* 2000 Ibs = 11.7Ibs of active polymer per dry ton of solids 50 Ibs solids ton 13 OPERATIONS COMMITTEE Melting Dat0 TOBE.Or Dir. 09/07/16 09/28/16 AGENDA REPORT ItemNumber Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH, PROJECT NO. PS15-07 GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Services Agreement with Dudek to provide professional services for Pressurization and Odor Control Study at Newport Beach, Project No. PS15-07, for an amount not to exceed $256,478; and, B. Approve a contingency of$25,648 (10%). BACKGROUND The Orange County Sanitation District (Sanitation District) has seven wastewater pump stations in the City of Newport Beach that are experiencing several problems that originate from high concentrations of hydrogen sulfide in the wet wells, and the variations in air pressure in sewers and wet wells caused by changing water level. The purpose of this study is to assess and make recommendations to resolve the potential safety concerns, corrosion issues, and odor nuisances that result from high concentrations of hydrogen sulfide and pressure changes. RELEVANT STANDARDS • Protection of Orange County Sanitation District assets • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • CA Government Code Section 4526: Select the "best qualified firm"and "negotiate fair and equitable fees" PROBLEM The pump station odors are mainly caused by high concentrations of hydrogen sulfide, which can migrate to the electrical and electronic control facilities causing corrosion of components. This poses serious risk of failure to pump stations, which can have direct consequences beyond odor complaints. PROPOSED SOLUTION Perform a study to assess and make recommendations to resolve the problem. Page 1 of 4 TIMING CONCERNS Hydrogen sulfide related corrosion can drastically reduce the life of the equipment and cause major damage to the equipment located in electrical and control rooms. RAMIFICATIONS OF NOT TAKING ACTION Worst-case scenarios of these consequences include electrical shorts, fire, and sewage spills; therefore, this study will provide a plan of corrective measures prior to major damage occuring. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Selection of Most Qualified Consultant: The Sanitation District advertised a Request for Proposals (RFP)on April 20, 2016, which described the following evaluation criteria to be used to determine the most qualified consultant: CRITERION WEIGHT Project Understanding and Approach 40% Related Project Experience 30% Project Team and Staff Qualifications 30% Three proposals were received on June 8, 2016 and evaluated in accordance with the evaluation process set forth in Ordinance No. OCSD-47 by a pre-selected Evaluation Team consisting of the following Sanitation District Staff. Mark Esquer Engineering Manager Victoria Pilko CIP Project Manager Ted Vitko Engineer Each member of the Evaluation Team ranked the consultants using the evaluation criteria and weighing described above. No interviews were conducted. The following table describes how each evaluator ranked the consultants. Dudek Webster V&A Consulting Associates Engineers Evaluator flat 2nd 3m Evaluator flat 2nd 3rd Evaluator tat 3rd 2nd Combined Ranking let 2nd 3rd Page 2 of 4 Based on the ranking shown above, Dudek was selected as the most qualified consultant. The particular strengths of Dudek's qualifications included considerable relevant experience with similar types of projects for the Sanitation District and other agencies and clear understanding of the project approach. Review of Fee Proposal and Negotiations: Proposals were accompanied by sealed fee proposals. In accordance with OCSD 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 Dudek to clarify the requirements of the Scope of Work, the assumptions used for the estimated level of effort, and the proposed level of effort required for field work in order to meet the goals and objectives for the project. As a result of these negotiations, Dudek submitted a revised fee proposal. The revised fee proposal received some credits, but resulted in an overall fee increase due to the following: • Assess Pump Stations Task: Increased hydrogen sulfide monitoring efforts, added focused meeting, and reduced monitoring equipment maintenance. • Evaluate Modifications Alternatives and Costs Task: Increased level of effort for venting alternatives that are operationally viable. • Prepare and Submit Report Task: Enhanced executive summary in order to prepare the more comprehensive and graphically enhanced summary of the project analysis. • Meetings and Workshops Task: Reduced number of progress meetings. 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 task and subtask and was 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, are reasonable and within the industry standards. The contract profit is 10%, which is similar to other Sanitation District's 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 Dudek. Proposed Fee $238,748 Negotiated Fee Proposal $256,478 CEQA This project is exempt from CEQA Guidelines. Notice of Exemption was filed on January 25, 2016. Page 3 of 4 FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance No. OCSD47. Budget for the project, PS15-07, Pressurization and Odor Control Study at Newport Beach, is included in the Master Planning Studies for Fiscal Years 2016-17 and 2017-15 (Line item: Section S, Page 78). ATTACHMENT The following attachment(s) may be viewed on-line at the OOSD website (wwwocsd.corn with the complete agenda package: Draft Professional Services Agreement VP:sa:gc Page 4 of 4 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 28' day of September, 2016, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and Dudek, 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 Pressurization and Odor Control Study at Newport Beach, Project No. PS15-07, to provide professional services to assess and make recommendations to resolve the safety concerns related to pressurization problems at the pump stations, hydrogen sulfide corrosion, and odor nuisances; 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 September 28, 2016 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of the work and services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. PSA PROJECT NO.PS15-07 Revis 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 1 of 19 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 standards for clarity, uniformity, and completeness. CONSULTANT shall timely respond to all comments, suggestions, and recommendations from the SANITATION DISTRICT. All comments from the SANITATION DISTRICT, or its agent, shall be incorporated into the work prior to the next review deadline or addressed, in writing, as to why the comment(s) has/have not been incorporated. 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 CONSULTANTS 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 products)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 CAD 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 CONSULTANT other than through disclosure by the SANITATION DISTRICT. PSA PROJECT NO.PSIS-07 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 2 of 19 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Fifty-Six Thousand Four Hundred Seventy-Eight Dollars ($258,478.00). Total compensation to CONSULTANT including burdened labor(salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum set forth in Attachment"E" - Fee Proposal. 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. PSA PROJECT NO.P816-07 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 3 of 19 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 specked in Attachment"E" - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per Attachment"J"—Minor Subconsultants Hourly Rate Schedule and as specked 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 hftp7/AVWW.gsa.gov/i)ortal/category/10471 V. 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. PSA PROJECT NO. PS1507 Revis 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 4 of 19 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 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-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. PSA PROJECT NO. PS15-07 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 5 of 19 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 12 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 Rams that are not included in the Scope of Work, 6) concerns and possible delays, 7) percentage of completion to date, and 8) budget status and amount remaining. Such requests shall be accompanied by such supporting data as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent(1000A) of the invoiced amount. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element, The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for the Project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 -COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason,the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. PSA PROJECT NO.PSI"7 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 6 of 19 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 Suboonsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsukant: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES 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. 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 PSA PROJECT NO.PSIS-07 ReNeed 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Pegs 7 of 19 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. 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. B. 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. C. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). 7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all fors (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 L Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. PSA PROJECT NO. PS1"7 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 8 of 19 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 Workers 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. Ill. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the fife 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 PSA PROJECT NO.P815-07 Revie 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Pegs 9 of 19 One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certfcate 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 tens of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars ($2,000,000)with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. 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. PSA PROJECT NO.PSi"7 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDYAT NEWPORT BEACH Page 10 of 19 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(512010) or equivalent. • Additional Insurance (ISO Form) CG2010 11 65 or (General Liability) The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than PSA PROJECT NO.PS15-07 Revis 122215 PRESSURIZATION AND ODOR CONTROL STUDYAT NEWPORT BEACH Page 11 of 19 thirty (30) days prior to the effective dale of the change(s) 0 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 lasses 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. Suboonsultants 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. PSA PROJECT NO.PSIS-07 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Pege f2 of lg 9. SCOPE CHANGES 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 selling forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANTS 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 CONSULTANTS 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 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. PSA PROJECT NO.PS1"7 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 13 of 19 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. Notice shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Michelle Hadaway, Senior Contracts Administrator Copy: Victoria Pilko, Project Manager Notice shall be mailed to CONSULTANT at: DUDEK 605 3b Street Encinitas, CA 92024 Attention: Frank Dudek 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. PSA PROJECT NO. PSI 5-07 Rwie 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 14 of 19 16. 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 14 -NOTICES. 16. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. 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. 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. PSA PROJECT NO. PS15-07 ReviSed 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 15 of 19 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, CONSULTANTS suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties PSA PROJECT NO.P315-07 Revind 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 16 of 19 hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND 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 bared by the applicable statute of limitations. 24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES 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 ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT'S cost. PSA PROJECT NO.PS15-07 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Pape 17 of 19 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. 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. PSA PROJECT NO. PS15-07 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH 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: DUDEK By Date Printed Name&Title ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Kelly A. Lore 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" —NOT USED Attachment"D"—Allowable Direct Costs Attachment"E"—Fee Proposal Attachment"F" — NOT USED Attachment"G"—Cost Matrix and Summary Attachment"H"—NOT USED Attachment"I"— NOT USED Attachment"J" — Minor Subconsultants Hourly Rate Schedule Attachment"K" —OCSO Safety Standards MH:ms PSA PROJECT NO.PS15-07 Revised 122215 PRESSURIZATION AND ODOR CONTROL STUDY AT NEWPORT BEACH Page 19 of 19 OPERATIONS COMMITTEE Meeting Date To ad.of Dk. 09/07,16 — AGENDA REPORT Item Number Item Number 9 — Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: QUARTERLY ODOR COMPLAINT REPORT GENERAL MANAGER'S RECOMMENDATION Receive and file the Fiscal Year 2015/16 Fourth Quarter Odor Complaint Summary. BACKGROUND During the fourth quarter of FY 2015/16, Plant No. 1 had five odor complaints, Plant No. 2 had five odor complaints and the collections system had no odor complaints attributable to the Orange County Sanitation District. A brief summary of the odor complaints, with a table tracking the history, is included as an attachment. RELEVANT STANDARDS • Zero odor incidents/events under normal operating conditions for Plants 1 and 2 • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting ATTACHMENT The following attachment is included in hard copy and may also be viewed on-line at the OCSD website (mm w.ocsd.coml with the complete agenda package: • Fiscal Year 2015/16 Fourth Quarter Odor Complaint Summary Page 1 of 1 Orange County Sanitation District Odor Complaint Report Fiscal Year 2015/16 — 411 Quarter 1. Plant No. 1 Treatment Facility Odor Complaint Summary During the 411 quarter, Plant No. 1 received five attributable odor complaints. One complaint was attributed to digester 12 cleaning. The other odor complaints were plant odors from the headworks and trickling filters. After each complaint, staff made the necessary chemical adjustments and plant odor circuits. Staff also conducted follow up visits and phone calls to the complainants to better address and identify the odor sources. 2. Plant No. 2 Treatment Facility Odor Complaint Summary Plant No. 2 received five attributable odor complaints during the 40 quarter. One complaint was attributed to the Bitter Point Pump Station cleaning. Staff concluded that the other odor complaints came from the trickling filters and made necessary adjustment to minimize the odors. 3. Collection Facilities Odor Complaints—40 Quarter FY 2015/16 The Orange County Sanitation District received no attributable odor complaints from the collection system. Based on our current upstream sewage conditioning program, our goal for level of service is 12 or fewer complaints attributed to OCSD. 4. All Odor Complaints Tracking 0 Qtr 3' Qtr 2nd Qtr 1°Qtr Cumulative Apr.2016 to Jun.2016 FY FY FY FY FY 15/16 15/16 15/16 15116 15/16 All Public Collections P1 P2 Total Total Total Total Total Complaints Attributable to 0 5 5 10 9 71 17 107 OCSD Not Attributable 9 3 1 13 10 17 13 53 to OCSD Total Public Complaints 9 8 6 23 19 88 30 160 Received: OPERATIONS COMMITTEE Melting D310 TOBE.Of Dir. 09/07/16 09/28/16 AGENDA REPORT Item1umber Item Number 0 Orange County Sanitation District FROM: James D. Herberg, General Manager Ed Torres, Director of Operations and Maintenance SUBJECT: ON-CALL CONTRACTOR SUPPORT SERVICES SPECIFICATION NO. S-2016-772BD GENERAL MANAGER'S RECOMMENDATION A. Approve a Service Contract with Jamison Engineering for On-Call Contractor Support Services, Specification No. 5-2016-77213D, for the period November 1, 2016 through October 31, 2017 for a total annual amount not to exceed $700,615, with four one-year renewal options; and B. Approve an annual contingency of $70,061 (10%). BACKGROUND Contractor support 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 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 and Capital Improvement Program 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 • Maintain a proactive asset management program PROBLEM The current contract expires on October 31, 2016 and a Request for Proposal (RFP)was issued to provide continuance of these services. Page 1 of 3 PROPOSED SOLUTION The Sanitation District advertised an RFP on April 29, 2016 and two proposals were received. Based on the Sanitation District's standard evaluation process and pursuant to government codes, staff recommends approval of the Service Agreement with Jamison Engineering for On-Call Contractor Support Services. TIMING CONCERNS The current contract will be expiring and the budgets expended. Delaying the new contract will prevent the use of these services to support Collection System and Treatment Plant projects. RAMIFICATIONS OF NOT TAKING ACTION There would be a reduction in the number of corrosion assessments conducted, increasing the Sanitation District's risk of not detecting and addressing a deteriorating or failed condition. PRIOR COMMITTEE/BOARD ACTIONS June 2016— Board of Directors approved an 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. 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 A RFP was made available to firms who were registered on the Sanitation District "On- Line" Bidding System including a scope of work for on-call Contractor support services for condition assessments of assets including: pipelines, sewers, manholes, wet wells, tunnels, and other structures. An evaluation committee consisting of five staff members was established and the staff members evaluated each proposal and scored them using the predefined evaluation criteria and weighing for the following: • Qualifications of Firm (35%) • Proposed Staffing (30%) • Cost& Price (35%) Page 2 of 3 Staff reviewed and ranked the proposals and Jamison Engineering was the top-ranked proposer. TABLE 1 PROPOSAL EVALUATION Consultant Jamison Paulus Evaluator Engineering Engineering Reviewer A vt 2nd Reviewer B 181 2nd Reviewer C 1" 2nd Reviewer D 181 2nd Reviewer E 1' 2nd Ranking la 2nd Proposal Fee $700,615 $756,784 Staff recommends approval of a Service Agreement with Jamison Engineering for a total amount not to exceed $700,615 per year for the first contract period (November 2016 — October 2017) with an annual contingency of $70,060 (10%) to account for inflation and unforeseen field conditions that may need immediate response while performing the assessments. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. (Line item: FY 2016-17 Professional and Contractual Services; Section 6, Page 92.) Project contingency funds may be used for this agreement. Date of Aooroval Contract Amount Continoencv 9/28/16 $700,615.00 $70,060 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • Service Contract Page 3 of 3 SERVICE CONTRACT On Call Contractor Support Services Specification No. S-2016.772BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Jamison Engineering Contractors, Inc. with a principal place of business at 2525 South Yale Street, Santa Ana, CA 92704 (hereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor for On Call Contractor Support Services"Services'; WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No. OCSD-47; and WHEREAS, Contractor submitted its Proposal, dated, June 21, 2016; and WHEREAS, on September 28, 2016, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit"A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Scope of Work(Including all Appendices)and Addendum No. 1 dated June 1, 2016 Exhibit 'B" Cost Proposal Form per Addendum No. 2 dated June 14, 2016 Exhibit "C" Acknowledgement of Insurance Requirements Exhibit "D" Not Used 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. Orange County Sanitation District 1 of 9 Specification No. S-2016-772BD 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term "hours", when used in this Contract, shall be as defined in Contract Provisions and Exhibit"A". 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation: Compensation for this project shall not exceed the total amount of Seven Hundred Thousand Six Hundred Fifteen and 00/00 Dollars ($700,615.00). 3. California Department of Industrial Relations (D/R)Recistration and Record of Wages 3.1 To the extent Contractor's employees and/or its Subcontractors who will perform Work under this Contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 at seq, Contractor and its Subcontractors 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. 3.2 The Contractor and its Subcontractors 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 1771.4(a)(3). Penalties for non- compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. 3.4The Contractor and its Subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 4. Payments Payments shall be made upon approval by OCSD Project Manager or his designee, of invoices submitted for Services completed as described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 5. Invoices 5.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges Orange County Sanitation District 2 of 9 Specification No. S-2016-772BD thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 5.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff(p.00SD.com and reference the following in the subject line: "INVOICE", the Purchase Order number, the Project Manager and Specification Number 5-2016-772BD. 6. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 7. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 6. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 9. Contract Term The Services provided under this Contract shall commence on the effective date of the Notice to Proceed and continue for one year. 10. Renewals 10.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year periods based upon the criteria set forth in Exhibit "A" Scope of Work, if mutually acceptable contract terms can be negotiated. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 10.2 Renewals may be made through the OCSD Purchase Order Process. 11. Termination 11.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract(unless the notice directs otherwise). OCSD shall thereafter,within thirty(30)days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 11.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 11.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: • if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or • if Contractor sells its business; or • if Contractor breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. Orange County Sanitation District 3 of 9 Specification No. S-2016-772BD 11.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 12. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Contractor and all Subcontractors shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 13. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death,which may arise out of or be caused by Contractor's services under this Contract,or by its Subcontractor or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or(c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 14. Safety Standards and Human Resources MR) Policies OCSD requires all contractors and service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Contractor and all their employees and Subcontractors, shall adhere to all applicable OCSD Safety Standards and Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under"Safety". OCSD's Safety Standards and Human Resource Policies are hereby incorporated by reference as though fully set forth herein. In addition to the requirements stated above, Contractor shall adhere to the following OCSD Safety requirements: SOP-102 PPE, SOP-104 Confined Space, SOP-113 Bloodborne Pathogen, SOP-117 Fire Prevention, SOP-118 Hot Work, and SOP-206 Fall Protection. 15. Warranties In addition to the Warranties stated in Exhibit"A", the following shall apply: 15.1 Manufacturers standard warranty shall apply. All manufacturer warranties will begin at date of completion of this Contract. Orange County Sanitation District 4 of 9 Specification No. S-2016-772BD 15.2 Contractor's warranty: If, within the 12-month period following completion of its Services, OCSD informs Contractor that any part of the Services fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, lake all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 16. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 17. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 18. Freiaht(F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 20_ Reguiatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 21. Licenses, Permits. Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 22. Applicable Laws and Regulations Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 23. Contractor's Employees Compensation 23.1 General Prevailing Rate— OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the office of the engineer of OCSD. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. Orange County Sanitation District 5 of 9 Specification No. S-2016-772BD 23.2 Forfeiture For Violation - Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it)less than the prevailing rate of per diem wages asset by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the Stale of California. 23.3 Apprentices — Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00)or more or twenty(20)working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars($2,000.00) or more or five (5)working days or more. 23.4 Workday — In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph 23.1 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at seq.)of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight(8)hours in anyone calendar day and forty(40)hours in anyone week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 23.5 Record of Wages; Inspection - Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. 24. South Coast Air Quality Manaaement District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 25. Governina Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any Orange County Sanitation District 6 of 9 Specification No. S-2016-772BD breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 27. Remedies In addition to other remedies available in law or equity, K the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover' as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the contract price,together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, orthree arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Aftornev's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, 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. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 32. Damage to OCSD's Properfv Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. Orange County Sanitation District 7 of 9 Specification No. S-2016-772BD 33. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 34. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 35. Limitations upon Subcontractina and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 35.1 In the event the Contractor obtains written approval from the Project Manager to delegate duties, assign rights,substitute an approved Subcontractor and/or introduce a new Subcontractor, the Contractor shall be as fully responsible to OCSD for the acts, errors and omissions of the Subcontractor(s) and Suppliers and of the person(s) either directly or indirectly employed by the Subcontractor(s)and Suppliers as the Contractor is for the acts, errors and omissions of persons directly employed by the Contractor. Nothing contained in the Contract shall create any contractual relationship between any Subcontractor/Supplier and OCSD. 35.2 Each Subcontract and Supplier agreement shall be approved in writing by OCSD and preserve and protect the rights of OCSD, its directors, officers, agents, and employees under the Contract with respect to the work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor or Supplier, unless specifically provided otherwise in the subcontract agreement, the benefits of all rights, remedies and redress against the Contractor that the Contractor, by the Contract documents, has against OCSD. The Contractor shall make available to each proposed Subcontractor or Supplier, prior to the execution of the subcontract, copies of the Contract documents. 35.3 This section does not and shall not operate to relieve the Contractor of any duty or liability under the Contract, nor does it create any duty or liability on the part of OCSD. The Contractor shall have sole responsibility for promptly settling any disputes between its Subcontractors. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 37. Non-Liability of OCSD Officers and Emp/ovees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 39. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 8 of 9 Specification No. S-2016-772BD 41. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Michelle Hadaway Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: Jamison Engineering Contractors, Inc. 2525 S. Yale Street Santa Ana, CA 92704 Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair, Board of Directors Dated: By: Clerk of the Board Dated: By: Contracts, Purchasing and Materials Management Division Manager JAMISON ENGINEERING CONTRACTORS, INC. Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 9 of 9 Specification No. S-2016-772BD OPERATIONS COMMITTEE Meeting Date To ad.ofDir. 09/07,16 — AGENDA REPORTItem Number Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: SEWER LINE CLEANING OF SMALL REGIONAL SEWER LINES SPECIFICATION NO. S-2016-788BD GENERAL MANAGER'S RECOMMENDATION A. Approve a Service Contract with Performance Pipeline Technologies, for the cleaning services of approximately 60 miles of regional small sewers and manholes, Specification No. S-2016-788BD, for the period November 1, 2016 through October 31, 2017, for a total amount not-to-exceed $166,450, with four one-year renewal options; and B. Approve a contingency of$33,290 (20%). BACKGROUND The Orange County Sanitation District (Sanitation District) owns 400 miles of regional sewers. Staff is requesting to contract out the cleaning of sewers 18-inches in diameter and less in order to achieve our 5-year cleaning cycle. This contract will allow our collection crews to focus their efforts on the larger sewers. Services to clean the smaller sewers are readily available through outside vendors, compared to the unique tools and techniques utilized by our staff for cleaning the larger sewers. In addition, implementing this contract will free up in-house resources for specialized cleaning tasks required for sewers greater than 54-inches in diameter. RELEVANT STANDARDS • Protection of Orange County Sanitation District assets • Less than 2.1 sewer spills per 100 miles PROBLEM Staff is seeking a cost-effective approach to achieving our goal of cleaning all Sanitation District-owned sewers on a five-year cycle. PROPOSED SOLUTION Staff proposes to contract out the cleaning of small-diameter sewers where the market provides a variety of service providers and frees up staff to focus on cleaning the larger sewers. There are approximately 66 miles of smaller sewer lines that could be serviced under the proposed contract. Page 1 of 2 TIMING CONCERNS Utilization of an outside vendor will allow the Sanitation District to achieve its goal of cleaning all sewers on a five-year cycle. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District staff is not able to consistently maintain a 5-year cleaning cycle for all its sewers. This contract provides a cost-effective solution by augmenting the Sanitation District with an outside vendor. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Sanitation District issued a Notice Inviting Bid on June 9, 2016 and received three (3) bids on its close date of July 8, 2016. Performance Pipeline Technologies was the lowest, responsive and responsible bidder. The bid summary is listed below. Bidder Bid Amount Performance Pipeline Tech. $166,450 Hoffman Southwest $224,420 Innerline Engineering $236,680 CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance No. 47. This item has been budgeted (FY 2016-17 Line item: Professional and Contractual Services, Section 6, Page 72). Project contingency funds will not be used for this contract award. Date of AoDroval Contract Amount Contlnaencv 09/27/16 $166,450.00 $33,290.00 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Service Contract Page 2 of 2 SERVICE CONTRACT Sewer Line Cleaning of Pipes 18-Inches and Less Specification No. S-2016.788BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and Performance Pipeline Technologies with a principal place of business at 5305 Industrial Drive, Huntington Beach, CA 92649 (hereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor for Sewer Line Cleaning of Pipes 18-Inches and Less "Services"; and WHEREAS,OCSD has chosen Contractor to conduct Services in accordance with Ordinance No. OCSD-47; and WHEREAS, on September 7, 2016, the Operations Committee of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit IN, 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Scope of Work Exhibit"B" Bid from Contractor Exhibit"C" Acknowledgement of Insurance Requirements Exhibit"D" OCSD Safety Standards 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof. Orange County Sanitation District 1 of 9 Specification No. S-2016-788BD 1.6 The term "days", when used in this Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents'Day, Memorial Day, Independence Day, Labor Day,Veterans Day,Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit"A". 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no additional cost beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses,or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation for this Contract shall not exceed the total amount of One Hundred Sixty-Six Thousand Four Hundred Fifty Dollars ($166,450.00). 3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor's employees and/or its subcontractors 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, Contractor and its subcontractors 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. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). 4. Payments Payments shall be made upon approval by OCSD's Project Manager, or designee, of invoices submitted for Services completed as described in Exhibit "A". OCSD, at its sole discretion, shall be the determining Party as to whether the Services have been satisfactorily completed. 5. Invoices 5.1 OCSD shall pay within thirty(30)days of completion and receipt and approval by OCSD's Project Manager, or designee, of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Invoices shall include the Purchase Order Number. Orange County Sanitation Distnct 2 of 9 Specification No. S-2016-788BD 5.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff cDOCSD.com and reference the following in the subject line: "INVOICE", the Purchase Order Number, the Project Manager or designee, and S-2016-7886D. 6. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 7. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "K. Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 6. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 9. Contract Term 9.1 The Services provided under this Contract shall be completed within one (1)year from the effective date of the Notice to Proceed. 9.2 OCSD may exercise the option to extend the Contract for up to four(4) one-year periods under the same terms and conditions as specified herein. OCSD shall make no obligation to extend nor give reason, K it elects not to extend. 9.3 Extensions shall be made by OCSD's Purchase Order process. 10. Termination 10.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30)days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 10.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not meeting requirements, if the level of service is inadequate, or any other default of this Contract. 10.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: • if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or • if Contractor sells its business; or • if Contractor breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 10.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. Orange County Sanitation Distnct 3 of 9 Specification No. S-2016-788BD 11. Insurance Contractor and all subcontractors shall purchase and maintain,throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence work pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 12. Indemnification and Hold Harmless Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's work under this Contract, or by its subcontractor or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a)for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighled material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the Parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 13. Safety Standards and Human Resources Policies OCSD requires all contractors to follow and ensure their employees and all subcontractors follow all Federal, State, and local regulations as well as OCSD Safety Standards (attached hereto and incorporated herein as Exhibit"D")while working at OCSD locations. If during the course of this Contract it is discovered that OCSD Safely Standards do not comply with Federal or State or local regulations, the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Contractor and its employees and subcontractors, shall adhere to all applicable OCSD Safety Standards and Human Resources Policies located at: www.ocsewers.com, "Doc Central" (bottom of page), under"Safety". 14. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply: 14.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall begin on the date of acceptance of the completed work by OCSD's Project Manager or designee for each Service requested. 14.2 Contractor's warranty: If, within one (1) year following the date of acceptance of the completed work by OCSD's Project Manager or designee, the Service fails to meet the standards required under this Contract, Contractor shall,within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. Orange County Sanitation Distnct 4 of 9 Specification No. S-2016-788BD 15. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 16. Force Maieure Neither Party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said Party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 17. Freight(F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 18. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 19. Regulatory Reguirements Contractor shall perform all work under this Contract in strict conformance with all applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Code Division 2. 20. Licenses. Permits. Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 21. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith.Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 22. Contractor's Employees Compensation 22.1 Davis-Bacon Act - Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent(25%)or more of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 22.2 General Prevailing Rate— OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the office of the engineer of OCSD. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Orange County Sanitation Distnct 5 of 9 Specification No. S-2016-788BD Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. 22.3 Forfeiture For Violation - Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it)less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 22.4 Apprentices — Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00)or more or twenty(20)working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars($2,000.00) or more or five (5)working days or more. 22.5 Workday — In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder except as provided in paragraph 19.2 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at seq.)of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight(8) hours in any one (1)calendar day and forty(40) hours in any one (1)week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 22.6 Record of Wages; Inspection - Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per the requirements of Section 1776. 23. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 24. Governing Law This Contract shall be governed by and interpreted under the laws of the State of Califomia and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. Orange County Sanitation District 6 of 9 Specification No. 5-2016-788BD 25. Breach The waiver of either Party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 26. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1)terminate the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover" as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price,together with any incidental or consequential damages. 27. Dispute Resolution 27.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation.The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 27.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrators decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 28. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 29. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 30. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. Orange County Sanitation District 7 of 9 Specification No. 5-2016-788BD 31. Damage to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 32. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this Contract without the prior written consent from OCSD. 33. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 34. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 35. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 36. Non-Liability of OCSD Officers and Emplovees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 37. Read and Understood By signing this Contract, Contractor represents that it has read and understood the terms and conditions of the Contract. 36. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 39. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 8 of 9 Specification No. S-2016-788BD 40. Notices All notices under this Contract must be in writing.Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent.All notices shall be effective when first received at the following addresses: OCSD: Larry Roberson Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: Gene Glassburner Owner Performance Pipeline Technologies 5305 Industrial Drive Huntington Beach, CA 92649 Each Party shall provide the other Party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair, Operations Committee Dated: By: Clerk of the Board Dated: By: Contracts/Purchasing Manager PERFORMANCE PIPELINE TECHNOLOGIES Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 9 of 9 Specification No. S-2016-788BD OPERATIONS COMMITTEE Melting D310 TOBE.Or Dir. 09/07/16 09/28/16 AGENDA REPORT Item1umber Item Number z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72 GENERAL MANAGER'S RECOMMENDATION A. Approve a Cooperative Agreement between the Orange County Sanitation District and the City of Fullerton for pavement rehabilitation work on Yorba Linda Boulevard and State College Boulevard along a portion of the Newhope-Placentia Trunk Replacement, Segment A, Contract No. 2-72A, for an estimated amount of $600,000 to be reimbursed by the City of Fullerton; B. Approve a budget increase of $600,000 for the Newhope-Placentia Trunk Replacement, Project No. 2-72, for a total budget amount of$100,075,000; and C. Approve a contingency increase of$600,224 (2.84%)to the construction contract with Trautwein Construction Inc. for Newhope-Placentia Trunk Replacement, Segment A, Contract No. 2-72A, for a total contingency of$2,713,689 (12.84%). BACKGROUND Contract No. 2-72A, Newhope-Placentia Trunk Sewer Replacement, Segment A, includes the Newhope-Placentia Trunk in Yorba Linda Boulevard from Campus Drive to State College Boulevard, and on State College Boulevard from Yorba Linda Boulevard, to just south of the 91 Freeway. The project is currently under construction within the City of Fullerton (City). Attached herein is the City's proposed Cooperative Agreement, and the City Council Agenda dated July 16, 2016, approving the proposed reimbursement by the City. RELEVANT STANDARDS Maintain collaborative and cooperative relationships with neighboring agencies PROBLEM The City has requested that the Orange County Sanitation District (Sanitation District) modify its final asphalt paving limits to cover the entire street width (curb to curb), in lieu of only paving the lane width of the pipeline trench as originally planned. Page 1 of 3 PROPOSED SOLUTION The City has agreed to reimburse the Sanitation District for the costs associated with the additional paving work. The added work will be processed in a change order through the Contractor for Project No. 2-72. Although the City will reimburse the Sanitation District for the costs, internal cost accounting does not recognize the funds received, so the total project expenditures will show an increase and additional construction contract contingency is required. TIMING CONCERNS Segment A includes construction along the north and west perimeters of California State University Fullerton (CSUF). To minimize impacts on CSUF, the project worked with the City such that construction in the area would occur during breaks and the summer sessions. RAMIFICATIONS OF NOT TAKING ACTION Without the Cooperative Agreement, the additional paving work cannot be completed during the sewer replacement construction, so there would need to be a second construction project initiated by the City at a greater cost to the public and with greater disruption to the community. PRIOR COMMITTEE/BOARD ACTIONS February 2016 — Awarded a Construction Contract to Trautwein Construction, Inc. for Newhope-Placentia Trunk Sewer Replacement (Fullerton/Anaheim Segment "A"), Contract No. 2-72A, for a total amount not to exceed $21,134,650, and approved a contingency of$2,113,465 (10%). ADDITIONAL INFORMATION N/A CEQA The Sanitation District, as lead agency, prepared a Program Environmental Impact Report (PEIR) entitled 1999 OCSD Strategic Plan. The Board certified the PEIR on October 27, 1999. The Sanitation District filed a Notice of Determination on October 29, 1999. In February 2016, the Sanitation District received and filed an Addendum to the PEIR. Page 2 of 3 FINANCIAL CONSIDERATIONS This request for increase in the project contingency complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Line item: Budget FY2016-17 & FY 2017-18, Section 8, Page 21). As the additional costs associated with the paving work will be reimbursed by the City, no additional funds are required for the CIP program. Date of ADDroval Contract Amount Contingencv 02/24/16 $21,134,650 $2,113,465 (10.00%) 09/28/16 $ 600,224 ( 2.84%) $2,713,689 (12.84%) ATTACHMENT The following attachment(s)are attached in hard copy and may also be viewed on-line at the OCSD websim (mm w.ocsd.coml with the complete agenda package: • City of Fullerton Cooperative Agreement • City Council Agenda, City of Fullerton AN:dm:gc Page 3 of 3 COOPERATIVE AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT (OCSD)AND THE CITY OF FULLERTON FOR PAVEMENT REHABILATION WORK ON YORBA LINDA BOULEVARD AND STATE COLLEGE BOULEVARD This Agreement is made and entered into this day of 2016 by and between the Orange County Sanitation District, a County Sanitation District referred to as "OCSD,"and the City of Fullerton, a municipal corporation("FULLERTON"). OCSD and FULLERTON are sometimes referred to herein individually as "Party"and collectively as "Parties." RECITALS WHEREAS, segments of State College Boulevard and Yorba Linda Boulevard require rehabilitation of the pavement condition; and WHEREAS, OCSD owns, operates, and maintains sewer mains within the City located beneath segments of State College Boulevard and Yorba Linda Boulevard; and WHEREAS, OCSD has a sewer replacement project called the Newhope-Placentia Trunk Sewer Replacement Project("Project")that will take place on segments of State College Boulevard and Yorba Linda Boulevard and will include pavement rehabilitation for the portions of these streets affected by OCSD sewer replacement; and WHEREAS,FULLERTON desires OCSD to increase the limits of pavement rehabilitation work for the Project to include the entire street width and not just the area affected by sewer replacement for the segment of Yorba Linda Boulevard from State College Boulevard to Associated Road and the segment of State College Boulevard from Yorba Linda Boulevard to Santa Fe Avenue; and WHEREAS, OCSD has obtained change order pricing for the additional pavement rehabilitation work requested by FULLERTON from the Contractor for the Project, and OCSD agrees to contract and manage the additional pavement rehabilitation work as part of the Project if FULLERTON hereby agrees to reimburse OCSD the change order contract cost and OCSD staff labor cost. AGREEMENT NOW,THEREFORE, in consideration of the promises and agreements hereinafter set forth, the Parties hereby agree as follows: 1. OCSD shall: a. Be and is hereby designated as the contracting and construction agent for the parties to do and perform all acts necessary or required in order to complete the street rehabilitation work in accordance with the plans and specifications, including material control, 1 inspection of construction work, and to execute and deliver all documents necessary or required in connection with the construction and completion of the street rehabilitation work on Yorba Linda Boulevard from State College Boulevard to Associated Road and on State College Boulevard from Yorba Linda Boulevard to Santa Fe Avenue. The street rehabilitation work shall be completed to FULLERTON's reasonable satisfaction in compliance with FULLERTON'S project plans and specifications. OCSD shall present an invoice to FULLERTON upon completion of the work and FULLERTON shall pay such invoiced amount within forty-five(45) days. b. Be designated lead agency for the Project. 2. FULLERTON shall: a. Provide plans and specification for the street rehabilitation work to be performed as part of the Project. b. At all times,during the progress of construction of the Project,have access to the work for the purpose of inspection thereof, and should FULLERTON deem any remedial measures to be necessary prior to OCSD's acceptance of the work,FULLERTON shall notify OCSD in writing. c. Reimburse OCSD for actual, final costs for the contract change order cost and OCSD staff time required to complete the change order street rehabilitation work that was not originally included in the Newhope-Placentia Trunk Sewer Replacement project scope. Pavement rehabilitation work that was originally part of the Newhope-Placentia Trunk Sewer Replacement project shall not be included in the contract change order cost and FULLERTON shall not be obligated to pay for the original pavement rehabilitation work. 3. General obligations. a. FULLERTON and OCSD, and each of their elected officials, officers, employees and agents, shall be named as additional insureds in all construction contract commercial general and automobile liability insurance policies relating to the Project. b. Neither FULLERTON,nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by OCSD, its officers, employees,agents, contractors,or subcontractors,under or in connection with any work, authority,or jurisdiction delegated to OCSD under this Agreement. To the fullest extent permitted by law, OCSD shall defend, indemnify and hold harmless FULLERTON, its employees, agents and officials, from any liability, claims, suits,actions, arbitration proceedings, administrative proceedings,regulatory proceedings, losses, expenses or costs of any kind,whether actual,alleged, or threatened, actual attorney's fees incurred by FULLERTON, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation,and incurred in relation to, as a consequence of, arising out of or in any way attributable actually,allegedly or impliedly, to the negligence,recklessness, or willful misconduct of OCSD and its officers, 2 employees,agents, contractors,or subcontractors, in the performance of this Agreement. All obligations under this provision are to be paid by OCSD as they are incurred by FULLERTON. OCSD shall require in any agreement with a contractor for the Project that the contractor defend,indemnify and hold harmless FULLERTON, its officers, employees,agents, contractors, and subcontractors as set forth in this provision. c. Neither OCSD, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by FULLERTON, its officers, employees, agents, contractors,or subcontractors,under or in connection with any work, authority, or jurisdiction delegated to FULLERTON under this Agreement. To the fullest extent permitted by law,FULLERTON shall defend,indemnify and hold barmless OCSD, its employees,agents and officials,from any liability, claims, suits, actions,arbitration proceedings, administrative proceedings,regulatory proceedings, losses, expenses or costs of any kind,whether actual, alleged, or threatened, actual attorney's fees incurred by OCSD, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation, and incurred in relation to, as a consequence of, arising out of or in any way attributable actually,allegedly or impliedly, to the negligence,recklessness, or willful misconduct of FULLERTON and its officers, employees, agents, contractors, or subcontractors in its performance of this Agreement. All obligations under this provision are to be paid by FULLERTON as they are incurred by OCSD. d. This Agreement, together with any and all exhibits, each of which is hereby incorporated by reference, constitutes the entire agreement between the Parties with respect to the subject matter herein. No representation or promise,whether verbal or written, that is not set forth herein, shall be binding or have any force or effect on either of the Parties. e. In the event of any dispute concerning any aspect of this Agreement,the Parties' representatives shall work in good faith to resolve any such dispute to each Party's satisfaction prior to initiation of any court action provided,however, that nothing herein shall prevent either Party from utilizing all remedies at law or equity in the event such dispute cannot be resolved within thirty(30)days of a written request by one Party to meet and confer with the other to resolve such dispute, or such other period of time as agreed upon in writing. f. Notices permitted or required to be provided pursuant to this Agreement shall be sent to the following addresses: To OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Kelly Lore, Clerk of the Board To City: City of Fullerton 303 West Commonwealth Avenue Fullerton, CA 92632-1775 Attention: Donald K. Hoppe,Director of Engineering 3 By notice to the other Party, either Party may change the address specified above. Service of notice or communication shall be complete, if personally served,when received at the designated address, or five(5)days after deposit of said notice or communication in the United States mail,postage prepaid,whichever occurs first. h. The prevailing Party in any action brought for breach or to enforce any provision of this Agreement, shall be entitled to recover its reasonable attorney's fees, expert's costs, and all court costs. g. No Third Party Beneficiaries. This Agreement is entered into by and for OCSD and FULLERTON, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. i. Within forty five (45) days after completion of and acceptance of the work by OCSD, its OCSD Director of Engineering shall notify FULLERTON in writing, of the date thereof and the probable date that a final accounting of FULLERTON'S share of the cost of the Project will be submitted. If outstanding charges (such as contractor's claims and liens) delay the final accounting,OCSD shall so advise FULLERTON and a final accounting shall be presented within ninety(90) days from the date of completion of the work. j. FULLERTON shall have the right to review all invoices,warrants and other related documents used in preparing the final accounting. IN WITNESS WHEREOF,this Agreement has been duly executed by the respective parties hereto by their duly authorized officers as of the date hereinabove fast written. ORANGE COUNTY SANITATION DISTRICT APPROVED AS TO FORM: GENERAL COUNSEL By John Nielsen Date Chair, Board of Directors By By Bradley R. Hogin Kelly Lore Date Orange County Sanitation District Clerk of the Board, Board of Directors 4 CITY OF FULLERTON By Donald K. Hoppe Date Director of Engineering APPROVED AS TO FORM: ATTEST: By sy Richard D. Jones Lucinda Williams Date City Attorney City Clerk 5 OF FUCC� �= CITY COUNCIL AGENDA °gc�Foa��P 1200 MEETING DATE: JULY 19, 2016 TO: CITY COUNCIL/ CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING SUBJECT: STATE COLLEGE BLVD AND YORBA LINDA BLVD STREET IMPROVEMENTS —ASSOCIATED RD TO SANTA FE AVE Approved for Agenda: City Managers Office SUMMARY Approval to enter into a cooperative agreement with the Orange County Sanitation District (OCSD) for the State College Boulevard and Yorba Linda Boulevard street improvements: • Yorba Linda Blvd (Associated Rd to State College Blvd) • State College Blvd (Yorba Linda Blvd to Santa Fe Ave) RECOMMENDATION 1) Authorize the Director of Public Works to execute the cooperative agreements in a form approved by the City Attorney. 2) Approve a budget transfer of$200,000 Water Enterprise from Project 53616 Water Main System Replacement FY 15-16, $150,000 Gas Tax and $950,000 Measure M2 from Project 45670 Bastanchury Widening to Project 44028 State College Blvd and Yorba Linda Blvd Street Improvements. FISCAL IMPACT The preliminary total engineering cost is $1.3M. The anticipated City cost is approximately $600,000 and the remaining cost is to be contributed by the Sanitation District. Water Enterprise is contributing $200,000 as part of the Water Main replacement on Yorba Linda between Associated Road and State College which was completed in April 2016. State College Blvd&Yorba Linda Blvd Street Improvements Page 2 of 2 DISCUSSION Segments of State College Boulevard and Yorba Linda Boulevard are in need of rehabilitation work to improve pavement conditions. OCSD currently has a sewer replacement project called the Newhope-Placentia Trunk Sewer Replacement project that will take place on segments of State College Boulevard and Yorba Linda Boulevard and will include pavement rehabilitation for the portions of these streets affected by OCSD sewer main replacement. City has requested that OCSD increase the limits of pavement rehabilitation work for the Newhope-Placentia Trunk Sewer Replacement project to include the entire street width and not just the area affected by the sewer replacement. In the spirit of cooperation, OCSD has agreed to obtain change order pricing from the contractor for the additional pavement rehabilitation work requested by City of Fullerton for the Newhope-Placentia Trunk Sewer Replacement project. OCSD also agrees to contract and manage the additional pavement rehabilitation work as part of OCSD's sewer replacement project if City of Fullerton agrees to reimburse OCSD the change order contract cost and OCSD staff labor costs. By including pavement rehabilitation work as a contract change order to the OCSD Newhope-Placentia Trunk Sewer Replacement project that is already in construction, City anticipates saving time, money, and additional disruption to the traveling public versus the City entering into a separate contract and having the work performed after the OCSD sewer replacement project is completed. Donald K. Hb4pe Director of Public Works DKH/KK/kn Attachment#1 — Location Map 0 F Q U O IYORBA LINDA BLVD T-- ry ✓ ��,0� 1 MATCH LINE SEE BELOW TT a ii i;I it Iml w -1I I NUTWOOD AVE 1.1 ICI I I is I Ioi i RANCH RD CHAPMAN AVE _ MELODY LNI NO SCALE I I I + DOROTHY.LNI t ICI I I w1> CLARKE AVE REVERE AVEIwj 0 BALFOUR AVE . i1w IOI LNI COMMONWEALTH AVE IFI MATCH LINE INL. SEE ABOVE I ' I l - LJ SANTA FEAVE r----1 STREET OVERLAY OR GRIND 8 OVERLAY WALNUT AVE STATE COLLEGE BLVD - YORBA LINDA BLVD TO SANTA FE AVE I EXHIBIT ''A" Attachment 1 OPERATIONS COMMITTEE Meeting Dare TOBd.of Dir. 09/07/16 09/29/16 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: HEADWORKS MODIFICATIONS AT PLANT 2 FOR GWRS FINAL EXPANSION, PROJECT NO. P2-122 GENERAL MANAGER'S RECOMMENDATION Establish a project for Headworks Modifications at Plant 2 for GWRS Final Expansion, Project No. P2-122, with a budget of$50,000,000. BACKGROUND The Orange County Sanitation District (Sanitation District) Board of Directors approved a Five-Year Strategic Plan in November 2013, which identified maximizing water recycling as a strategic goal for the agency. In support of the Strategic Plan, the Sanitation District and the Orange County Water District (OCWD) partnered on the SP-173 Effluent Reuse Study. The purpose of the Effluent Reuse Study was to develop a Groundwater Replenishment System (GWRS) Final Expansion Implementation Plan to utilize Plant 2 effluent for recycling. Secondary effluent from both plants is required to support GWRS Final Expansion. Currently, all the secondary effluent from Plant No. 1 is routed to GWRS. To support final expansion, all reclaimable flow suitable from Plant 2 will need to be pumped to GWRS. This will require a new pump station, equalization tank, and conveyance system, as well as substantial modifications to the Plant 2 facilities to provide separate treatment for flow streams that are not currently suitable as source water for GWRS. OCWD will be providing funding for projects not currently in the OCSD Capital Improvement Program (CIP) budget, while OCSD will continue to fund those projects currently in its CIP budget. RELEVANT STANDARDS • Use all practical and effective means for recovering wastewater for reuse • Maintain a collaborative and cooperative relationship with neighboring agencies • Develop detailed plan for recycling Plant 2 water PROBLEM The Sanitation District currently provides up to 130 MGD of secondary effluent from Plant 1 to GWRS and has maximized the wastewater sent to GWRS by diverting wastewater tributary from Plant 2 to Plant 1 through the Steve Anderson Lift Station. For the Final Expansion of GWRS, flows from Plant 1 are not adequate and secondary effluent from Plant 2 will need to be pumped to GWRS. Furthermore, modifications to Page 1 of 3 Plant 2 are needed to provide separate treatment for flow streams that are not currently suitable as source water for the GWRS. PROPOSED SOLUTION Establish a projectwith a budget in the amount of$50,000,OOOforthe design, construction and commissioning of the Headworks Modifications at Plant 2 for GWRS Final Expansion Project. TIMING CONCERNS The Headworks Modifications at Plant 2 for GWRS Final Expansion Project and the other GWRS Final Expansion-related projects are targeted for completion by 2023. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District will be unable to reuse any wastewater treated at Plant 2. PRIOR COMMITTEE/BOARD ACTIONS April 2015—Approved a budget increase of$450,000, increasing the total amount not to exceed $3,250,000; approved a Professional Services Agreement with CDM Smith, Inc. to provide Engineering Services for Effluent Reuse Study, Project No. SP-173, for an amount not to exceed $2,008,510; Approved a contingency of $200,850 (10%); and authorized staff to negotiate a cost-sharing agreement with the Orange County Water District for future Board approval. June 2015 — Approved Amendment No. 1 to the Amended Joint Exercise of Powers Agreement for the Development, Operation and Maintenance of the Groundwater Replenishment System and the Green Acres Project (Cost-Sharing Agreement) with the Orange County Water District for the Effluent Reuse Study, Project No. SP-173, in a form approved by General Counsel, for an estimated cost share not to exceed $1,004,255, less any grant funds received. ADDITIONAL INFORMATION As the result of the evaluation, the Effluent Reuse Study has identified the need for the following projects in order to achieve the GWRS Final Expansion: • Headworks Modifications at Plant 2 for GWRS Final Expansion, $50 million • Plant 2 Flow Equalization Tank, $23 million • Plant 2 Effluent Pump Station, $18 million • Plant 2 Pipeline Rehabilitation, $37 million • Advanced Water Treatment Facilities Improvements, $130 million • Total = $258 million The Sanitation District and OCWD are preparing a new Joint Exercise of Powers Agreement for the Development, Operation, and Maintenance of the Groundwater Page 2 of 3 Replenishment System and the Green Acres Project to recite the facts, mutual understandings, and intentions of the Parties. It is anticipated that through this new agreement, OCWD will be providing funding for the above projects. OCWD will be administrating the design and construction of all of the project with the exception of the Headworks Modifications at Plant 2 for GWRS Final Expansion, Project P2-122. Due to the potential impacts to the Plant 2 existing facilities, the Sanitation District will be administrating the design and construction of this project. OCSD will continue to fund and manage several on-going CIP projects that support GWRS Final Expansion. These projects include modifications to the collections system to divert more source water from the Santa Ana River Interceptor(SARI) into reclaimable trunk lines. In addition, projects at Plant 2 will construct new primary clarifiers, as well as a new outfall pump station to accommodate reduced flows as more water is diverted away from the outfall and towards GWRS. While these projects, totaling over$500 million, are not in the CIP budget for the sole purpose of GWRS Final Expansion, they have major work elements that are dedicated to this effort. CEQA OCWD is the lead agency and is preparing the CEQA documents for all Final Expansion Projects, including the Headworks Modifications at Plant 2 for GWRS Final Expansion Project. FINANCIAL CONSIDERATIONS This item has not been budgeted. However, OCWD will reimburse the Sanitation District for all costs affiliated with this project. ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: N/A EY:sa:gc Page 3 of 3 OPERATIONS COMMITTEE Meeting Date To Bd.of Dir. 09/07,16 — AGENDA REPORT Item Number Item Number 4 — Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: ORANGE COUNTY SANITATION DISTRICT SECURITY PROGRAM 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 Security Program. RELEVANT STANDARDS Protection of Orange County Sanitation District assets ATTACHMENT 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 COBS 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 SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SRF State Revolving Fund 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 WIFIA Water Infrastructure Financing and Innovation Act 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 known 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. Blogas — A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. 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. coil are the most common bacteria in wastewater. Glossary of Terms and Abbreviations Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D/T) — the dilution at which the majority of the people detect the odor becomes the D/T for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service(LOS)—Goals to support environmental and public expectations for performance. NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works(POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day 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.