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Home My WebLink About10-02-2013 Operations Committee Agenda Packet Orange County Sanitation District .„„ Wednesday, October 2, 2013 Regular Meeting of the b s 5:00 P.M. Operations Committee Administration Building Board Room 10844 Ellis Avenue .� Fountain Valley, CA 92708 (714) 593-7130 AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. CONSENT CALENDAR: 1. Approve Minutes of September 4, 2013, Operations Committee meeting. 2. A. Award a service contract to the lowest responsive and responsible bidder, Kaveh Engineering and Construction, Inc., for P1 CenGen Hot Water Pipe Repairs, Project No. FR11-015-R for a total amount not to exceed $144,695; and, B. Approve a contingency of$43,400 (30%). 3. Recommend to the Board of Directors to: Approve Amendment No. 1 to the Facilities Engineering Task Order No. 12-00- 04-01 with Train Consulting Engineers providing additional design and construction services for Slater Ave Pump Station VFD Replacement, FR12-012, for an additional amount of $26,968, increasing the total not to exceed amount to $66,931. 10/02/13 Operations Committee Agenda Page 1 of 4 4. Recommend to the Board of Directors to: A. Award a service contract to the lowest responsive and responsible bidder, ODC Engineering & Technology, for P1 Potable Water Valve Replacement, Project No. FR11-020 for a total amount not to exceed $412,000; and, B. Approve a contingency of$82,400 (20%). 5. Recommend to the Board of Directors to: A. Award a service contract to the lowest responsive and responsible bidder, Mode Engineering, for Warner Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 for a total amount not to exceed $338,000; and, B. Approve a contingency of$67,600 (20%). 6. Recommend to the Board of Directors to: Approve Revision No. 1 to the Black & Veatch PLAN2010-01, Task Order 05 (Ocean Outfall Assessments, Project SP-187) in the amount of $19,569 for additional engineering services to develop Ocean Outfall Booster Station refurbishment scope of work items, for a total amount not to exceed $67.593. 7. Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement with Dudek & Associates, Inc. to provide construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, for an amount not to exceed $222,503; and, B. Approve a contingency of$22,250 (10%). NON-CONSENT: 8. Items A-B: Recommend to the Board of Directors to: 10/02/13 Operations Committee Agenda Page 2 of 4 A. Approve a budget increase of $390,000 for the Bitter Point Force Main Rehabilitation, Project No. 5-58, for a total project budget of $46,219,000; and, B. Approve an increase in contingency of $89,445 (15%), for a total contingency of $149,075 (25%), to the Professional Consultant Services Agreement with Black & Veatch to provide construction support services for the Bitter Point Force Main Rehabilitation, Project No. 5-58, to support the Santa Ana River Levee and In-Plant Repairs, Phase 2. 9. Recommend to the Board of Directors to Approve the Purchasing Ordinance for first reading at the October 2013 Board meeting. INFORMATION ITEMS: 10. Waste Discharge Requirement (WDR) Order for Sewers - Internal Audit Report and Amended Order Update. DEPARTMENT HEAD REPORTS: None OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Operations Committee meeting is scheduled for Wednesday, October 2, 2013, at 5:00 p.m. 10/02/13 Operations Committee Agenda Page 3 of 4 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)593-7130 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 date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Maria E.Ayala Clerk of the Board (714)593-7130 mavala(a)ocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbem(&ocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli(ci),ocsd.com Director of Engineering Nick Kanetis (714)593-7310 irmnetis(cDorsd.com Director of Facility Support Services Nick Aromas (714)593-7210 narhontesaocsd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 10/02/13 Operations Committee Agenda Page 4 of 4 Item No. 1 MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Facilities Support Services Orange County Sanitation District A regular meeting of the Operations Committee of the Orange County Sanitation District was held on September 4, 2013, at 5:00 p.m. at the District's Administrative Office. A quorum was declared present, as follows: Operations Directors Present: Staff Present: Tom Beamish, Chair Jim Herberg, General Manager John Nielsen, Vice Chair Nick Kanetis, Director of Engineering Keith Curry Nick Arhontes, Director of Facilities Support Steve Jones Services Lucille Kring Ed Torres, Director of Operations & Maintenance Michael Levitt Lorenzo Tyner, Director of Finance & Brett Murdock Administrative Services Mark McCurdy (Alternate) Maria Ayala, Clerk of the Board Scott Nelson Jennifer Cabral Greg Sebourn Rich Castillon Fred Smith Norbert Gaia Troy Edgar, Board Chair Al Garcia John Anderson, Board Vice Chair Todd Haynes Rob Thompson Operations Directors Absent: Steve Nagel Others Present: Brad Hogin, General Counsel Bob Ooten, Alternate Director Ted Gerber, enfoTech PUBLIC COMMENTS: No public comments. REPORT OF COMMITTEE CHAIR: Tom Beamish, Committee Chair, did not provide a report. REPORT OF GENERAL MANAGER: Jim Herberg, General Manager, did not provide a report. 07/OW13 Opeations CommRtee Minutes Page 1 d 3 CONSENT CALENDAR: 1. MOVED, SECONDED, and DULY CARRIED: Approve Minutes of July 3, 2013, Operations Committee Meeting. 2. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Black & Veatch Corporation for providing Gas Facilities Study for Plants 1 & 2, Project No. SP-141, for an amount not to exceed $665,021; and, B. Approve a contingency of$13,306 (2%) 3. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement with Carollo Engineers to provide construction support services for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, for an amount not to exceed $225,108; and, B. Approve a contingency of$22,511 (10%). INFORMATION ITEMS: 4. ENFOTECH IPACS Pretreatment System Implementation Rich Castillon explained some of the issues and challenges with the District's current software and the benefits of moving towards purchasing a commercial software. Ted Gerber, representative from enfoTech, provided a brief description of the software and what the company will handle in terms of implementation and maintenance. The Committee had considerable discussion on this item. Staff responded to questions from the Committee. Directors Kring and Jones arrived at 5:12 p.m. 09/04/13 Operations Committee Minutes Page 2 of 3 DEPARTMENT HEAD REPORTS: • Odor Complaints Update Ed Torres, Director of Operations and Maintenance, gave an update on the odor complaints, and explained what the different levels of service and procedures in place are to address these complaints. Staff responded to questions from the Committee. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Nick Arhontes, Director of Facility Support Services Department, reported on the recent spill from the Costa Mesa Sanitary District, and how OCSD was prepared to provide assistance. Mr. Herberg announced that the next Administration Committee meeting will be held on September 11, with the first of two Board Workshops following right after at 6:30 p.m. This meeting will focus on the vision and mission statements. The second of the two workshops will be held on October 2 at the same time. This meeting will focus on the strategic initiatives for the next five years. ADJOURNMENT: Committee Chair Beamish declared the meeting adjourned at 5:25 p.m. Submitted by: Maria E. Ayala Clerk of the Board 09/N/13 Operations Committee Minutes Page 3 of 3 OPERATIONS COMMITTEE Meeting Date To ad.of Dir. 10/02/13 -- AGENDA REPORT Item Number Item Number 2 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: John Falkenstein, P.E. SUBJECT: AWARD P1 CENGEN HOT WATER PIPE REPAIRS, PROJECT NO. FR11-015-R GENERAL MANAGER'S RECOMMENDATION A. Award a service contract to the lowest responsive and responsible bidder, Kaveh Engineering and Construction, Inc., for P1 CenGen Hot Water Pipe Repairs, Project No. FR11-015-R for a total amount not to exceed $144,695; and, B. Approve a contingency of$43,400 (30%). SUMMARY This project repairs the existing Plant 1 Central Generation 8-inch hot water loop that produces heat for the digesters. It replaces damaged welded bracing brackets and pipe supports, and straightens the existing pipe and fittings that are out of alignment. It also replaces existing expansion joints with restrained expansion joints in three locations. The work also includes replacing pipe supports with roller supports in 36 locations. Per our plans and specifications, OCSD advertised for bids on July 17, 2013. Sealed bids were received on September 10, 2013. The bids were evaluated in accordance with the District's policies and procedures. Kaveh Engineering and Construction, Inc. was deemed the lowest responsive, responsible bidder. Staff recommends awarding a contract to Kaveh Engineering and Construction, Inc. for P1 CenGen Hot Water Pipe Repairs, Project No. FR11-015-R for a total amount not to exceed $144,695. The estimated duration of this project is 60 calendar days, with most of the time used to procure materials. A 30% contingency is recommended due to unforeseen conditions that may be discovered from damaged piping supports, expansion joint misalignment, piping replacement, and a very short restricted shutdown time period required by Operations to perform the work. PRIOR COMMITTEE/BOARD ACTIONS None Page 1 of 2 ADDITIONAL INFORMATION Summary information on the bid submittal for P1 CenGen Hot Water Pipe repairs, Project No. FR11-015-R is as follows: Engineer's Estimate $150,000 Bidder Amount of Bid Kaveh Engineering and Construction, Inc. $144,695 Schultz Mechanical Contracting, Inc. $157,757 W.M. Lyles Company $294,897 Not making these repairs and/or replacements could result in the failure of the CenGen hot water loop system supplying heat to 12 digesters at Reclamation Plant No. 1. If the pipeline should fail, the digesters would lose the ability to maintain the correct temperature to process the biomass and the digesters would be out of compliance. It would also inhibit the production of digester gas, our renewable fuel supply. In addition, the pipeline removes heat from the CenGen engines cooling water by routing it through heat exchangers. If the pipeline should fail, it would be necessary to shut down the engines and import electricity until repairs could be completed. The project is scheduled to begin in October 2013 and construction is anticipated to be complete by the end of November 2013. CEQA A Notice of Exemption is not required. This project is categorically exempt from CEQA under section 15302 (c) — replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD's Delegation of Authority. This repair will be funded through the Small Capital Replacement /Rehabilitation Project SP- 34 (Budget Update Fiscal Year 2012-2013 and 2013-2014 Misc. & Support Projects; Section 8 — Page 111). This Small Capital fund is used to pay for capital repairs and/or direct replacements. The SP-34 budget is adequate to cover this project. Date of Approval Contract Amount Continaencv 10/02/13 $144,695 $43,400(30%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package and attachments: Service Agreement (7 pages) MAE:JF:eh Page 2 of 2 Return to Mende Report SERVICE CONTRACT P1 CenGen Hot Water Pipe Repairs Specification No. FR11-015-R 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 Kaveh Engineering & Construction, Inc. with a principal business at 1156 N. Fountain Way, Unit E, Anaheim, CA 92806 (hereinafter referred to as"Contractor") collectively referred to as the'Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor for repairs to the CenGen hot water pipe'Services;and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Purchasing Resolution No. OCSD07-04; and WHEREAS, on October 2, 2013, the Operations Committee of the OCSD Board of Directors 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's 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"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 Exhibit"B" OCSD Safety and Human Resources Policies Exhibit"C" Bid from Contractor Exhibit"D" Acknowledgement of Insurance Requirements 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. 1.6 The term `days", when used in the Contract,shall mean calendar days, unless otherwise noted as business days. Orange County Sandaa'on Disinct 1 of 7 Specification No.FR11-015-7R Return to Mende Report 1.7 The term"hours", when used in this Contract, shall be as defined in Exhibit"A". 1.8 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the prices provided in Exhibit"C". 1.9 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 One Hundred Forty-four Thousand Six Hundred Ninety-five and 00/00 Dollars ($144,695.00). 3. Payments Payments shall be made upon approval by OCSD Project Manager, John Falkenstein or his designee, of invoices submitted for all work completed as described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether all tasks and deliverables have been satisfactorily completed. 4. Invoices 4.1 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 thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 5. Audit Rinfits 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. 5.1 Invoices shall be emailed by Contractor to OCSD at the following email address and the Purchase Order number shall be referenced in the subject line: APStaffAOCSD.com. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit W. Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. 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. 6. Contract Term The Services provided under this Contract shall be completed within 60 days from the date of notice to proceed. 9. Termination 9.1 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, (delivered by certified mail, return receipt requested) 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. Orange County Saturation District 2 of 7 Specification No. FR71-015-R Return to Aaenda Report 9.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's deterninaflon that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 9.3 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 Ad; or • if Contractor sells its business; or • if Contractor breaches any of the terns of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 9.4 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. 10. 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"D"). 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 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. 11. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of Contractor, its employees or agents, in relation to the rendition of Services pursuant to this Contract, except - claims or litigations arising through the sole negligence or willful misconduct of OCSD. Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney's fees, OCSD may incur by reason of such matters, and, it requested by OCSD, will defend any such suits at the cost and expense of Contractor. - 12. Safety and Human Resources IHRI Policies Contractor shall adhere to the Safety and Human Resources Policies in Exhibit"B". 13. Warm 13.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at date of completion of this Contract. 13.2 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, take all such actions as are necessary to correct or complete the noted deficiency(ies). - 14. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 15. Force Majeure Neither party shall be liable for delays caused by accident,flood,ads 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. Orange County Sanitafion District 3 of 7 Specification No.FR11-01Y-R Return to Mende Report 16. 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. 17. 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 Contractors risk, until written instructions are received from OCSD. I& Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable federal, stale, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, and 261, Title 22, 23, and California Water Codes Division 2. 19. 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. 20. 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. _ 21. Public Contracts Law 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. Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this project as required by Labor Code Section 1774 of the State of California. 22. 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. 23. Governing 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 orthe performance thereof. 24. Breath 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. Orange County Sanitation Disfrict 4 of 7 Specification No. FRI I-016R Return to Aaende Report 25. Remedles 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)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. 26. Dispute Resolution 26.1 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. 26.2 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, or three 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. 27. Aftome✓s Fees If any action at law or inequity or it any proceeding in the form of an - Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terns 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. 28. Survival The provisions of this Contract dealing with Payment,Warranty, and Forum for Enforcement, shall survive termination or expiration of this Contract. 29. Sevembility 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. 30, Damape 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. 31. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. Orange County Sanitation District 5 of 7 Specification No. FR11-015-R Return to Mends Report 32. 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. 33. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 34. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 35. 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. 36. Entire Contact 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 6 of Spedfc Wn No.FR11-015-R Return to Mende Report 37. Notices All notices under this Contract must be in writing. Written notice shall be 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. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: Kaveh Engineering &Construction, Inc. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year indicated below. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair Operations Committee Dated By: Clerk of the Board Dated: By: Contracts/Purchasing Manager KAVEH ENGINEERING&CONSTRUCTION, INC. Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 7 of 7 Specification No. FRf 1-015-R OPERATIONS COMMITTEE Maeting Dale TOBd 0/1DIr. 10/02/13 10/23/13 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: Steve Speakman, P.E. SUBJECT: SLATER AVE. PUMP STATION VFD REPLACEMENT, PROJECT NO. FR12-012 GENERAL MANAGER'S RECOMMENDATION Approve Amendment No. 1 to the Facilities Engineering Task Order No. 12-00-04-01 with Train Consulting Engineers providing additional design and construction services for Slater Ave Pump Station VFD Replacement, FR12-012, for an additional amount of $26,968, increasing the total not to exceed amount to $66,931. SUMMARY Project No. FR12-012 originally involved replacing of one of the electronic pump drive modules within each of the variable frequency drive (VFD) systems at Slater Avenue Pump Station in Huntington Beach. Task Order 12-00-04-01 was issued to Tran Consulting Engineers for developing bid documents (plans & specifications) in accordance with Resolution No. OCSD 07-04 Section 7.02. As part of the Task Order issued, Tran Consulting was required to assess the condition of the VFDs. Based upon the assessment, it is recommended to replace the entire VFD system for all five main pumps. It turns out that the entire VFD is obsolete. The existing VFD control enclosures were installed in 1993-94 and are at the end of their estimated useful life (20 years). The new VFD will be more efficient and will reduce O&M costs over the next 10 to 20 year period. Spare parts when needed will be readily available. Tran Consulting Engineers performed the engineering assessment and they have a thorough understanding of the additional design. Staff has determined that the proposed price is fair and reasonable for the scope of work. Staff recommends approval of Amendment No. 1 to Task Order No. 12-00-04-01 with Tran Consulting Engineers for an additional amount of$26,968. PRIOR COMMITTEE/BOARD ACTIONS June 2012 — Board approved Tran Consulting Engineers as one of the pre-approved firms for engineering design and construction support services necessary in supporting Facilities Engineering and Facilities Repair projects. Page 1 of 2 ADDITIONAL INFORMATION Board Resolution No. OCSD 07-04 section 7.02 allows the Orange County Sanitation District (Sanitation District) to compile a master pre-approved list of between five and ten consulting firms for assisting staff on Facilities Engineering projects, and sets a maximum annual limitation of $100,000 for each firm. The Resolution delegates to the General Manager and Director of Engineering authority to solicit proposals for design engineering services to complete Facilities Engineering projects and award individual Task Orders for this work up to $75,000. In addition, the Resolution limits the General Managers authorization for amendments to an individual Task Order in an amount up to $25,000, and the total combined value of the Task Order and all amendments are not to exceed $100,000. The total Task Order amount is $66,931 inclusive of Amendment No. 1, which is less than $100,000, however; Amendment No. 1 is in the amount of $26,968, which exceeds the General Manager's authority as defined in the Resolution. CEQA The FR12-012 project has been determined to be categorically exempt in accordance with Section 15302 (c). A Notice of Exemption was filed on September 16, 2013. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted and will be funded from the current Budget (FY 2013-14, Joint FE-J, Section 8, Page 12). Date of ADDroval Contract Amount Contingency 10/2113 $66,931 $0 ATTACHMENTS • Original Task Order • Amendment No. 1 to Task Order ME:SS:eh Page 2 of 2 Return to Mende Report t1AN, ORANGE COUNTY SANITATION DISTRICT We Pue0.NNic IWIe m tle emer cant by Pmid"effective wastewater collection.VeaVret,and mcychiOJ January 15, 2013 Tran Consulting Engineers John F. Austin 4444 El Cajon Blvd., Suite 15 San Diego, CA 92115 samin9 SUBJECT: Design Notice to Proceed —Task Order No. 12-00-04-01 P.O. No. 104617-OB for SA-11 Slater Ave Pump Station VFD Bma Replacement, Job No. FR12-012 Buena Park )p ess This letter constitutes the Notice to Proceed for the design of the subject `""crew came, project. The effective start date is January 30, 2013. Please submit the final BAa. design documents for this project in accordance with the enclosed scope of careen ease work. Huntington Beach Also please execute the professional services as outlined in your Proposal k. dated November 26, 2012, for a total contract amount not to exceed $39,963. La Hama L.Pakna If you have any questions, please contact the project manager, Steve Les Akr . Speakman, at(714) 593-739$. Nawywa Beach r�anga Ra.u. sarca nna James D. Herberg, P.E., BCEE Assistant General Manager Seal Beach stantan CD:SS:am T uia EMS 9 003968605 Va.Pak Enclosure Y Linea Caeca We. cc: M. Esquer saca,y Da, m' C. Dillon tramway 04 S. Speakman se^ °mot R. Cuellar k,;na Rash C. Stanford t�ouvitt Gcuncy aL Orange e�;C� 10344 His avenge . rg,nravl vNley,ra 92700 7018 . vtal 952 2411 . www.asd.aan Return b Mende Rewd 1S ORANGE COUNTY SANITATION DISTRICT 0pMemorandum CO DATE: January 15, 2013 TO: James D. Herberg, P.E. Assistant General Manager FROM: Mark Esquer , Engineering Manager SUBJECT: Service Area 11 Slater Avenue Pump Station VFD Replacement, Project No. FR12-012 Re: FIR Task Order Award Recommendation In accordance with Resolution No. OCSD 07-04, Section 5.04 Facilities Engineering Project: Selection of Consultants—Procedure, the attached Proposals meet the criteria for issuing a Task Order to complete the design of the subject project. This Task Order is for professional engineering services to prepare final design plans, construction cost estimates, and bid documents for the SA-11 Slater Ave Pump Station VFD Replacement, Project FR12-012. The Scope of Work consist of the replacing five Variable Frequency Drive modules. The Slater Avenue Pump Station located in the City of Huntington Beach, CA. On November 6, 2012,we issued three Request for Proposals to the following Design Consultants: 1. Psomas 2. Tran Consulting Engineers (Tran) 3. Lee and Ro , Inc. (Lee & Ro) On November 26, 2012,we received Proposals from Tran and Lee & Ro. Psomas sent a written correspondence on November 13, 2012 declining preparation of a proposal due to the fact that they would have to utilize a sub-consultant for a majority of the work. The following summarizes the cost proposal from each Consultant: 1. Tran $39,963 2. Lee& Ro, Inc. $44,921 Staff reviewed the two proposals received and Tran was selected. This firm understood the project, provided a comprehensive project approach and scope and had the lowest cost. Staff recommends awarding a Task Order to Tran for a total amount not to exceed$39,963 for the completion of this project design. If you concur with our recommendation, please sign the attached Notice to Proceed. Otherwise please call me at 7030 or Carla Dillon at 7371 to discuss. Return to Mende Report FR12-012 Task Order Award Recommendation Page 2 of 2 January 15, 2013 The table provided as Attachment#2 presents a summary of the Task Orders issued to the recommended Consultant for FY2012/2013. ME:SS:am EDMS:W396934N 5.11 Attachments: 1. Notice to Proceed Letter with SOW Attachment 2. FE Consultant Task Order Matrix 3. Proposals cc: N. Arhontes M. Esquer C. Dillon S. Speakman R. Cuellar Return to Mende Report 49 ORANGE COUNTY SANITATION DISTRICT p Memorandum DATE: October 3, 2013 TO: James D. Herberg General Manager FROM: Nick Kanetis, P.E. Director of Engineering SUBJECT: Approval of Amendment No. 1 to Existing Task Order No. 12-00-04-01 with Tran Consulting Engineers for an Additional Amount of $26,968 with a Total Amount Not to Exceed $66,931 for Project No. FR12-012 Slater Avenue Pump Station VFD Replacement In accordance with Resolution No. OCSD 07-04, Section 7.02, the Task Order Amendment for Slater Avenue Pump Station VFD Replacement, Project No. FR12-012 meets the criteria for General Manager approval. The original Task Order was for professional engineering services of designing the replacement of certain components of the VFDs at the Slater Avenue Pump Station in the City of Huntington Beach, CA. This amendment is for the additional costs of designing the replacement of the entire VFDs at this station. The cost for these modifications has been negotiated to the current proposal of$26,968. The money for this project will come from the current 2013-14 Budget(Joint FE-J, Section 8, Page 12). Staff recommends that Tran Consulting Engineers be authorized to perform the necessary additional services in Amendment No. 1 for an amount not to exceed $26,968. The total price not to exceed for this Task Order is$66,931. This information was approved at the October 2, 2013 Operations meeting and is provided on the Board Services website. Please indicate your approval by signing below. James D. Herberg, General Manager Date NK:ME:eh Attachments: Request for Proposal and SOW Consultant Proposal Operations Approval cc: R. Cuellar S. Speakman M. Esquer E. Harvey OPERATIONS COMMITTEE Meeting Date TOBd.of Dir. 10/02/13 10/23/13 AGENDA REPORT ItemNumber Item Number a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: John Falkenstein, P.E. SUBJECT: AWARD P1 POTABLE WATER VALVE REPLACEMENT, PROJECT NO. FR11-020 GENERAL MANAGER'S RECOMMENDATION A. Award a service contract to the lowest responsive and responsible bidder, ODC Engineering & Technology, for P1 Potable Water Valve Replacement, Project No. FR11-020 for a total amount not to exceed $412,000; and, B. Approve a contingency of$82,400 (20%). SUMMARY This project replaces potable water valves in 14 different locations at Reclamation Plant No. 1 that are no longer reliable and beyond their useful life. Operation of these valves is critical to isolate the potable water system serving the Administration, Laboratory, Warehouse, and Maintenance Buildings. The work also includes excavation, replacement of deteriorated concrete vaults and covers, new piping connections, backfill, and repaving around the new vaults. This project's scope of work is based on an assessment by Operations and Engineering staff in 2011. Per our plans and specifications, OCSD advertised for bids on June 5, 2013. Sealed bids were received on August 15, 2013. The bids were evaluated in accordance with the OCSD's policies and procedures. CDC Engineering & Technology was deemed the lowest responsive, responsible bidder. Staff recommends awarding a contract to CDC Engineering & Technology for Potable Water Valve Replacement, Project No. FR11-020 for a total amount not to exceed $412,000. PRIOR COMMITTEE/BOARD ACTIONS None Page 1 of 3 ADDITIONAL INFORMATION Summary information on the bid submittal for Potable Water Valve Replacement, Project No. FR11-020 is as follows: Engineer's Estimate $650,000 Bidder Amount of Bid ODC Engineering &Technology $412,000 Environmental Assessment and Remediation Management, Inc. $435,000 Green Building Corporation $459,000 J.F. Shea Construction, Inc. $466,052 Fraijo Brothers Inc. $482,929 Bali Construction, Inc. $498,431 Recon Engineering and Construction $550,347 Tharsos Inc. $584,299 Dahl, Taylor&Associates, Inc. $613,025 Irwin Industries $621,997 Abhe & Svoboda Inc. $629,062 Verne's Plumbing Inc $641,405 Delaying these repairs and/or replacements could result in the inability of OCSD Operations staff to isolate the potable water system in the event of a pipeline rupture or leakage. The potable water pipelines serving the Administration, Laboratory, Warehouse, and Maintenance Buildings are now over 50 years old and the inability to isolate the pipelines could result in flooding and possible damage to equipment and furnishings inside the buildings. The new valves are expected to last at least 50 years with periodic maintenance and exercising. The project is scheduled to begin in November 2013 and construction is anticipated to be complete by March 2014. CEQA A Notice of Exemption has been filed for this work on June 21, 2013. The project is categorically exempt from CEQA under section 15302 (c) — replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD's Delegation of Authority. This repair will be funded through the Small Capital Replacement /Rehabilitation Project SP- 34 (Budget Update Fiscal Year 2012-2013 and 2013-2014 Misc. & Support Projects; Section 8 — Page 111). This Small Capital fund is used to pay for capital repairs and/or direct replacements. The SP-34 budget is adequate to cover this project. Page 2 of 3 Date of Approval Contract Amount Continaencv 10/23/13 $412,000 $82,400(20%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package and attachments: Draft Service Agreement (7 pages) ME:JF:eh Page 3 of 3 Return to Mends Report SERVICE CONTRACT Plant 1 Potable Water Valve Replacement Specification No. FR11-020 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 Company Name with a principal business at address _ (hereinafter referred to as "Contractor")collectively referred to as the"Parties". WITNESSETH WHEREAS, OCSD desires to retain the Wices of Contractor "Services"; and WHEREAS, OCSD has chosen Contractor to conduct Services in accords ce i Resolution No. OCSD07-04; and WHEREAS, on 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 a efits 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"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 Exhibit"B" Exhibit"C" Exhibit"D" 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 7 Specification No. FRI1-020 DRAFT CONTRACT-DO NOT SUBMIT Return b Mends Report 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 The term "hours", when used in this Contract, shall be as defined in Exhibit 1.8 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.9 Excent as expressly provided otherwise. OCSD accents 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 p2iect shall not exceed the total amount of and 00/00 Dollars ($ ). . 3. Payments Payments shall be made upon approval by OCSD Project Manager, John Falkenstein nr his decinnae, of invnirec giihmitted fnr milectnnes r_mmnlated AS described in Exhibit " " tam bretion shall be th er bid items. OCSD, at its sole dis , e determining party as to whether the tasks and deliverables for each milestone have been satisfactorily completed. 4. Inv ++1 - 4.1 OCSD shall pay within 30 da9s of completion and receipt and approval by OCS#Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 4.2 Invoices shall be emailed by Contractor to OCS a a mowing email address and the Purchase Order number shall be referenced in the subj : APStaff(&,OCSD.com. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of ha ll three (3) years after its termination, OCSD shave 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. 6 f Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A" and . Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. 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. 8. Contract Term The Services provided under this Contract shall be completed within 150 days from the date of notice to proceed. 9. Termination 9.1 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, (delivered by certified mail, return receipt requested) 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 Orange County Sanitation District 2 of 7 Specification No. FRI1-020 DRAFT CONTRACT-DO NOT SUBMIT Return b Mende Report 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. 9.2 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. 9.3 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 iw Contract; or • if total amount of compensation exce mount�horized undart his Contract. 9.4 All OCSD property in the possession or control of Contractor shall be returned by Coritrnrfnr to QC:$p Ilnnn demand, nr at the terminafinn of fhiA Contra(:}, whichever occurs first. 10. Bonds 10.1 CONTRACTOR shall, before entering upon the performance of this Contract, furnish bonds (attached hereto in Exhibit ) approved by OCSD's General Counsel - one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid, to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by OCSD. Bonds must be issued by a surety authorized by the State Insurance Commissioner to do business in California and must be maintained throughout the life of the project and during the warranty period. CONTRACTOR is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to insure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for the OCSD and its officers to approve the bond. 10.2 IF 11. nce Contractor and all subcontractors shall purchase and maintain, throughout the lit is 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 " "). 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 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. 12. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of Contractor, its employees or agents, in relation to the rendition of services pursuant to this Contract, except claims or litigations arising through the sole negligence or willful misconduct of OCSD. Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney's Orange County Sanitation District 3 of 7 Specification No. FRI1-020 DRAFT CONTRACT-DO NOT SUBMIT Return to Mende Report fees, OCSD may incur by reason of such matters, and, K requested by OCSD, will defend any such suits at the cost and expense of Contractor. 13. Warranty 13.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at date of completion of this Contract. 13.2 Contractor's warranty: If, within the 12-month period following completion of its Services, OCSD informs Contractor that anv part of the Services 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). 14. 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_ _ 15. Freight(F.O.B. Destination) Cont or assumes full responsibility for all transportation, transportation scheduling, packing, handi insurance, and other services associated with delivery of all products deemed necessarfunder this Contract. `� 16. Independent Contractor It is agreed that Contractor sl1 i dependent contractor and not an agent or employee of OCSD, and shall obtain no rights to any benefits which accrue to OCSD's employees. 17. Limitations upon Subcontracting and Assig� Cctor shall not delegate any duties nor assign any rights under this Contract witho nor written consent of OCSD. Any such attempted delegation or assignment shall be void. 16. 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. 19. Applicable Laws and Regulations Contractor shall comply with all applicable federal, state, cal laws, rules, and regulations. Contractor also agrees to indemnify and hold harml rom 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. 20. 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. 21. Public Contracts Law 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 Orange County Sanitation District 4 of 7 Specification No. FR11-020 DRAFT CONTRACT-DO NOT SUBMIT Return b Aaenda Report be performed for each craft or type of work needed to execute this Contract. Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this project as required by Labor Code Section 1774 of the Stale of California. 22. Governing 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. 23. Disnute Resolution 23.1 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 6wiliNmerican Arbitration Agreement, thrcugh the alternate dispute resolution procedures of JuWal Arbitration through Mediation Services of Orange County ("JAMS'i), or any similar organization or entity conducting an alternate disnijte recnlidinn nrneegc 23.2 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, eack 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, or three 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. 24. Performance Time is of the essenctin the performance of this Contract and the provisions hereof. a 25. Breach The waiver of ser 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)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. 27. Survival The provisions of this Contract dealing with Payment, Warranty, and Forum for Enforcement, shall survive termination or expiration of this Contract. Orange County Sanitation District 5 of 7 Specification No. FRf 1-020 DRAFT CONTRACT-DO NOT SUBMIT Return to Mende Report 28. 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. 29. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 30. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 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 Contractor at no cost to OCSD. 32. Safety and Human Resources (HR) Policies Contractor shall adhere tIt y a Human Resources Policies in [Exhibit " ret or http://www.ocsewers.com/index.aspx?page=38&parent=139531. 33. Attome✓s Fees If any actiorn at law or inequity or if any proceeding iof an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret ts of this Contract, the prevailing party shall be entitled reasonable attorney's fees, costs and necessary disbursements in addition to any other r1f to which he may be entitled. 34. South Coast Air Quality Management D``istrict's (SMMD) Requirements It is Contractor's responsibility that all equipment I,mishedw%P nstalled 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 associoed emissions such as sandblasting, open field spray painting or demolition of asbestos contaifiling components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 35. Regulatory 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, and 261, Title 22, 23, and California Water Codes Division 2. 36. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 37. 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. 38. 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 6 of 7 Specification No. FRI1-020 DRAFT CONTRACT-DO NOT SUBMIT Return to Mende Report 39. Notices All notices under this Contract must be in writing. Written notice shall be 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. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Oranoe Countv Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: Company 4t IN WITNESS WHERE P e have hereunto set their hands the day and year indicated below. RANGE COUNTY S TION DISTRICT VF Dated: By: hair Board of Directors Dated: Cl rk of the Board Date By: Contracts/Purchasing Manager COMPANY Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation Distract 7 of 7 Specification No. FRI1-020 DRAFT CONTRACT-DO NOT SUBMIT OPERATIONS COMMITTEE Meeting Date TOBd.of Dir. 10/02/13 10/23/13 AGENDA REPORT ItemNumber Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: Chuck Hodge, P.E., Facilities Support Services SUBJECT: AWARD WARNER AVENUE RELIEF SEWER MANHOLES STRUCTURAL REPAIRS, SPECIFICATION NO. FR12-003 GENERAL MANAGER'S RECOMMENDATION A. Award a service contract to the lowest responsive and responsible bidder, Mode Engineering, for Wamer Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 for a total amount not to exceed $338,000; and, B. Approve a contingency of$67,600 (20%). SUMMARY This project repairs five manhole structures on Warner Avenue in Huntington Beach. This work consists of replacing the top concrete slab, installing concrete aprons around the new top slabs to protect pavement during top slab replacement, installing twelve lightweight manhole frames and covers made from a composite material, and minor concrete repairs within one of the manhole structures. The replacement frames and covers are designed to current industry standards and are expected to last 40 to 50 years under normal conditions. The project should reduce the noise associated with vehicular traffic driving over the covers and will also provide faster access to sewers during any maintenance activities. OCSD has received noise complaints from local residents. The project is scheduled to begin in November 2013 and construction is anticipated to be completed by March 2014. Per our plans and specifications, OCSD advertised for bids on June 25, 2013. Sealed bids were received on August 1, 2013. The bids were evaluated in accordance with the OCSD's policies and procedures. Mode Engineering was deemed the lowest, responsive, and responsible bidder. Staff recommends awarding a contract to Mode Engineering for Warner Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 for a total amount not to exceed $338,000. Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION Summary information on the bid submittal for Warner Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 is as follows: Engineer's Estimate $304,900 Bidder Amount of Bid Mode Engineering $338,000 Charles King Company $338,750 Bali Construction, Inc. $429,826 Green Building Corporation $438,500 Issues associated with the current rectangular covers include anchor bolt thread stripping and noise complaints associated with cars driving over the loose plates and increased risk to the public during driving. It is also currently difficult and time consuming to access sewers for inspection and maintenance due to the need to remove and replace over 20 bolts per cover. Heavy lifting requirements also add additional equipment needed to complete the tasks. CEQA A Notice of Exemption has been filed for this work. The project is categorically exempt from CEQA under section 15301 (b)— replacement or repair of existing manhole structures for a publicly owned utility involving no expansion of existing capacity or use. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD's Delegation of Authority. This repair will be funded through the Small Capital Replacement /Rehabilitation Project SP- 34 (Budget Update Fiscal Year 2012-2013 and 2013-2014 Misc. & Support Projects; Section 8 — Page 111). This Small Capital fund is used to pay for capital repairs and/or direct replacements. The SP-34 budget is adequate to cover this project. Date of Approval Contract Amount Contincencv 10/23/13 $338,000 $67,600(20%) ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package and attachments: Draft Service Agreement (7 pages) ME:CH:eh Page 2 of 2 Return to Mends Report SERVICE CONTRACT Repair to Manhole Structures of Warner Avenue Relief Sewer Specification No. FR12-003 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 Comoanv Name with a principal business at address (hereinafter referred to as "Contractor")collectively referred to as the"Parties". WITNESSETH WHEREAS, OCSD desires to retain the services Contractor to Repair Manhole Structures of the Warner Avenue Relief Sewer in accords thes�ontract Documents ("Services"); and � WHEREAS, 07 OCSD has n04;hnsen Cnntractnr to cnnd-Sarvir_ec in ancnrdanne withPurchasing Resolution No. OCSD - an WHEREAS, on Board of Directors of OCSD, by minute order, authorized execution of this Contra a een OCSD and Contractor" and `IV WHEREAS, Contractor is qualified by virtue of experience, training, and,lu lion and expertise to accomplish sud Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction A 1.1 This Contract and all exhibits hereto OpIled 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"A". �` 1 Exhibits to ConlT5ct are incorporated by reference and made a part of this Contract a hough fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: �riibit"A" Scope of Work Exhibit"B" Exhibit"C" Exhibit"D" 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 7 Specification No.FR12-003 DRAFT CONTRACT-DO NOT SUBMIT Return b Mends Report 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 The term "hours", when used in this Contract, shall be as defined in Exhibit 1.8 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.9 Excent as expressly provided otherwise. OCSD accents 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 paiect shall not exceed the total amount of and 00/00 Dollars ($ ). . 3. Payments Payments shall be made monthly upon approval by OCSD Project E Chuck Hodge nr his designee, of inVniceS gi ihmitted for work comnleted as describe "A". OCSD, at its sole discretion, shall be the deter%Mning party as to whethe s a deliverables have been satisfactorily completed. 4. linvoicas ++ — 4.1 OCSD hall pay within 30 da9s of completion and receipt and approval by roject Engineer of an itemized invoice, in a form acceptable to OCSD to enable audit 1E a charges thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 5. Audit Rights Contractor agreed that, during the terrr f is Contract and for a period of three (3) years after its termination, OCSD shall have c s 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. a, rr 5.1 Invoices shall be emailed by Contractor to OCSD at the following email address and the Purchase Order number shall be referenced in the subject line: APStaffaOCSD.com. 66d� Scope of Work Subject to the terms of this Contract, Contractor shall perform the Sirvices identified in Exhibit "A" and . Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Mod cations 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. 8. Contract Term The Services provided under this Contract shall be completed within 120 days from the date of notice to proceed. 9. Termination 9.1 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, (delivered by certified mail, return receipt requested) 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 Orange County Sanitation District 2 of 7 Specification No.FR12-003 DRAFT CONTRACT-DO NOT SUBMIT Return b Aaenda Report 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. 9.2 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. 9.3 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 iw Contract; or • if total amount of compensation exce mount�horized undart his Contract. 9.4 All OCSD property in the possession or control of Contractor shall be returned by Contrnrfnr to onsin unnn demand, or at the termination of thiA Contr2rt, whichever occurs first. 10. 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 requir ents set forth in the signed Acknowledgement of Insurance Requirements (attached herlqo and incorporated herein as Exhibit A "). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall ContrErctor 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. 11. Bonds 11.1 Contractor shall, before entering upon the performance of this Contract, furnish bonds (attached hereto in Exhibit 1 app ed by OCSD's General Counsel - one in the amount of one hundred percent (100%) of t e Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid, to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by OCSD. Bonds must be issued by a surety authorized by the State Insurance Commissioner to do business in California and must be maintained throughout the life of the project and during the warranty period. 11.2 Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to insure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for the OCSD and its officers to approve the bond. 12. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of Contractor, its employees or agents, in relation to the rendition of services pursuant to this Contract, except claims or litigations arising through the sole negligence or willful misconduct of OCSD. Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney's fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any Orange County Sanitation District 3 of 7 Specification No.FR12-003 DRAFT CONTRACT-DO NOT SUBMIT Return to Mende Report such suits at the cost and expense of Contractor. 13. Safety and Human Resources (HR) Policies Contractor shall adhere to the Safety and Human Resources Policies in [Exhibit "B" hereto or htto://www.ocsewers.com/index.asox?gage=38&oarent=139531. 14. Warranty 14.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at date of rompletion of this Contract. 14.2 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 ti agreed to by OCSD and Contractor, take all such actions as are necessary to correct or to the noted deficiency(ies). 15. Performance Time is of th rice a performance of this Contract and the provisions harenf_ 16. 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 reschedbled by mutual consent or may be eliminated from the Contract. 1 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 rived from OCSD. 19. Regulatory 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, and 261, Title 22, 23, and California Water Codes 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. Orange County Sanitation District 4 of 7 Specification No.FR12-003 DRAFT CONTRACT-DO NOT SUBMIT Return to Mende Report 22. Public Contracts Law 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. Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this project as required by Labor Code Section 1774 of the State of California. 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, shell comply with the appropriate rules and regulations of the SCAQMD. 24. Governina Law This Contract shall be governed bAnd interpreted under the laws.A the State of California and the Parties submit to jurisdiction in Orange County, in the event any actin iS hmiinht in nnnnertinn with thiC Qnntrgrt or the nP.rformgnre thereof_ y 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) 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. Dispute Resolution 2 .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 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 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 Orange County Sanitation District 5 of 7 Specification No.FR12-003 DRAFT CONTRACT-DO NOT SUBMIT Return b Mends Report 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. 2& 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 attorney's 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, 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, unlesq&e effect of such invalidity shall be to substantially frustrate the exnwrtgtinns of the Portieg_ 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 re air or replacement by Contractor at ID cost to OCSD. t � ��`� 32. Disclosure Contractor agrees not to disclose, to! d t nformation generated from this project without the prior written consent from OCSD. 33. 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. _ 34. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 35. Read and Understood By signing this Contract, Contractor represents that he has read and Understood the terms and conditions of the Contract. IAuthority 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. 37. 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 6 of 7 Specification No.FR12-003 DRAFT CONTRACT-DO NOT SUBMIT Return to Mende Report 38. Notices All notices under this Contract must be in writing. Written notice shall be 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. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange Countv Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: Company IN WITNESS WHEREOF, the Parties hereto havel%eunto set their hands th ye indicated below. GE COUNTY SANITA Dated:_v By: Chair B a of Direct Dated: CI of the Board Dated: By: Contracts/Purchasing Manager low COMPANY Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 7 of 7 Specification No.FR12-003 DRAFT CONTRACT-DO NOT SUBMIT OPERATIONS COMMITTEE Neetingoate TOeA.O r. 10/02/2013 30/23/13 AGENDA REPORT em Number Item Numbe 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Ted Vitko SUBJECT: OCEAN OUTFALL ASSESSMENTS, PROJECT NO. SP-187 GENERAL MANAGER'S RECOMMENDATION Approve Revision No. 1 to the Black & Veatch PLAN2010-01, Task Order 05 (Ocean Outfall Assessments, Project No. SP-187), in the amount of $19,569 for additional engineering services to develop Ocean Outfall Booster Station refurbishment scope of work items, for a total amount not to exceed $67,593. SUMMARY Black and Veatch was awarded a PLAN2010 study contract for $48,024 to analyze the hydraulic performance and stability of the current Ocean Outfall Booster Station (OOBS) at Plant No. 2. The study analyzed four operating scenarios for future flow projections and refurbishment strategies. An outcome of the study included a realization of an unexpected operating condition as a result of increasing GWRS water diversion and decreased incoming flows that will potentially cause cavitation of the existing pumps. Staff has worked with Black and Veatch to craft a new pumping arrangement to address this additional operating condition which may result in improved operational efficiencies. The new arrangement will potentially have three positive effects. It is expected to reduce the cost of upcoming Ocean Outfall System Rehabilitation project, Project No. J-117, scheduled to begin in early 2014, reduce operation and maintenance costs (principally electrical usage savings), and improve reliable operation of the station in normal and storm flow scenarios. Staff is requesting an additional $19,569 for Black and Veatch to develop a planning scenario including updated hydraulic analysis, preliminary pump selection and layout, preliminary electrical requirements and layout, and updated cost and schedule estimates. This planning scenario will become the project basis for upcoming Project No. J-117, Ocean Outfall System Rehabilitation. This Revision No. 1 requires Board approval because Black & Veatch PLAN2010-01, Task Order 05, was originally awarded under the PLAN2010 procurement program which allows for engineering study task orders with a value of $50,000 or less to be awarded to one of five preselected consulting firms. The PLAN2010 preselection process publicly solicited proposals from interested firms, evaluated qualifications of Page 1 of 2 responding firms, made Board approved selections, and set pricing and other commercial terms for each of the five consultants. This amendment will push the value beyond the $50,000 limit creating the need for Board Appoval. PRIOR COMMITTEE/BOARD ACTIONS March 2013 —Task Order 05 awarded under the PLAN 2010 procurement program. December 2010 — Board approved a PCSA with Black & Veatch and a number of other firms to provide planning studies on a task order basis for two-year term, etc. and approved an exception to Resolution No. OCSD 07-04 Section 4.05, authorizing the General Manager to select any single suitable firm in the Planning Studies Program for a particular task order valued at $50,000 or less, without having to solicit proposals from multiple firms. ADDITIONAL INFORMATION None. CEQA This is not considered a project under CEQA. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted for FY 2012-13 and FY 2013-14 (section 8, page 10) as Project No. SP-187, Plant No. 2 Outfall Systems Asset Management Plan, for $300,000. Date of Approval Contract Amount Contingency 10/24/12 $48,024 0% 10/23/13 (Revision No. 1) $19,569 0% Total Proposed Order $67,593 ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: 1. Original Task Order No. 5 2. Revision No. 1 to Task Order No. 5 3. Attachment G (Cost Matrix) TV:sa:gc Page 2 of 2 '4 Return to Aaenda Report AGREEMENT NO. PLAN2010-01 7 TASK ORDER OS . SP-187,OCEAN OUTFALL ASSESSMENTS Task Order 05,SP-187,Ocean Outfall Assessments under Agreement No.PLAN2010-01("AGREEMENT) for ON-CALL PLANNING STUDIES between the ORANGE COUNTY SANITATION DISTRICT("SANITATION DISTRICT")and BLACK&VEATCH ("CONSULTANT'),has been assigned to CONSULTANT in accordance with Attachment"8"to the AGREEMENT. CONSULTANrs proposal,consisting of Black&Veatch's Proposal&Scope of Work dated March 5,2013 is attached,and hereby incorporated into and made a part hereof this Task Order 05. COMPENSATION: The Not-to-Exceed amount for this Task Order 05 is$48,024. CONSULTANT shall submit its invoices for this Task Order 05 in accordance with the requirements of Section 2. COMPENSATION,Attachment"C'Billing Rates,and Attachment"D"Allowable Direct Costs ofthe AGREEMENT. Costs for the work included in this Task Order 05 shall be invoiced separately from costs for work included In any subsequently issued Task Orders. AUTHORIZED AGREEMENT AMOUNT: $ 700,OD0.00 SUMMARY OF TASK ORDERS: Authorized Agreement Amount: $ 70D,000.00 (Current Contract Year) Less This Task Order 05: $ 48,024.00 Remaining Authorized Amount: $ 651,976 CATEGORYI TASK ORDER SUMMARY TASK TASK OR DER DESCRIPTION TASK ORDER AMOUNT ORDER 05 SP-187,Ocean Outfall Assessments $48,024.00 Task OrAer05—SP-18),Ocean q,Nallnssevments ,lg .e N.PIanM1D01 EDW:0034 M Pa Iat2 �S Return to Aaentla Report SCOPE OF SERVICES: Refer to CONSULTANT's proposal for this Task Order 05,which is attached. DELIVERABLES: Project deliverables shall be submitted to the Orange County Sanitation District, to the attention of Mr.Gary Conklin,Senior Engineer. SCHEDULE: All Work to be completed within 6 months of Notice to Proceed,in accordance with CONSULTANT's proposal. EFFECTIVE DATE: This Task Order 05 shall be effective as ofthe date of SANITATION DISTRICT's General Manager's signature below. NOTICE TO PROCEED: The date upon which CONSULTANT executes this Task Order 05 shall serve as the Notice to Proceed date. All terms and conditions ofthe AGREEMENT shall remain in full force and effect. It is the intent ofthe SANITATION DISTRICT and CONSULTANT to incorporate this Task Order 05 into the AGREEMENT in a forthcoming amendment. Mmes D. Ruth Date General Manager Orange County Sanitation District '545 -20%3 Date Black&Veatch Corporation Ta#Oraer¢S—SP-]8>,Ocean OuNall Acwsunents Rpeement No.PlanNa l mM5:0034)1388 Pai$2af 3 Return to Mende Report 6. BLACKS;VETCH EPERDY WVER IXipRYATIpM 6RVFRXYEPE Orange County Sanitation District Ocean Outfall Assessments Contract: SP-197 Match 5, 2013 Ted Vitko Orange County Sanitation District 10944 Ellis Avenue Fountain Valley,CA 92728-8127 Subject: SP-187-Ocean Outfall Assessments Pee Proposal Per your request,Black&Veatch is pleased to provide this fee proposal to perform the scope of work as described below. SCOPE OF WORK The tasks below describe the specific tasks that will be performed as partof the SP-197 Ocean Outfall Assessment Project. TASK 1 -HYDRAULIC ANALYSIS 1.1 Update Existing Model Update the Northwest Hydraulics'EPASWMM models to htfoWorks Version 13,and add the following facilities: • Piping between Plant I and Plant 2 schematically(Detatiled hydraulics of the piping will not be included in the model) • OOBS: wet wells,overflow box and Santa Ana River(SAR) outfall pipelines, junction box,pumps,force main to Surge Tower 2 and bypass to Surge Tower 1 • Junction Box A SAR outfafl pipelines and Surge Tower 2:gravity bypass line • EPSA:pumps and force mains • Surge Tower 2 and Long Outfall • Surge Tower 1 and Short Outfall It is assumed that OCSD will provide all pertinent as-built information requested in a timely manner. 1.2 Analysis Update the model with OCSD identified flow conditions and extended period simulations,calibrate the model to a typical high tideflow and low tide flow condition, evaluate;up to seven typical operation strategies that focus on identifying potential Bhda WR Cpipwe -15615A PRr ",suds=-W .CeawNe M18 USA-T&0.9 753-0 -r-Rx B4&]53W Return to Agenda Report SP-187 March 5, 2013 Ocean Outfall Assessments Page 3 2.2 Pump Station Layout • Provide a one preliminary(concept level)layout of the pump station including piping,pumps,and valves 2.3 Deliverables • Pump curves • One preliminary pump station layout • List of major equipment TASK 3—ELECTRICAL REOUIREMENTS AND LAYOUT 3.1 Electrical Equipment • Based on pump selection recommended in Task 2 select appropriate electrical equipment including VFD's, switch gear, etc. 3.2 Electrical Layout • Recommend a location(most likely down stairs)and provide a one preliminary layout for the electrical equipment 33 Deliverables • One preliminary layout for the electrical equipment • List of major equipment TASK 4—CONSTRUCTABII,ITY AND SCHEDULE 4.1 Constructability • Review concept drawings and develop a construction phasing scenario that allows the pump station to stay in operation 4.2 Schedule • Review concept drawings and develop a construction schedule that allows the pump station to stay in operation 43 Deliverables • Construction phasing memo • Construction schedule TASK 5—Proiect Coordination 5.1 Prepare a technical memorandum(TM)summarizing the results of the tasks identified above.The TM will include a brief summary of the tasks described NA1375MrwlcesXOc SPIP 0.Ou1 Assru w03042013.do 1 . !! Le ! ■ ! ,| ! tp ! ° Lu# !i - q; ! . 03 ! ■ : tBCo | . ! - � � Return to Mande Report AGREEMENT NO. PLAN2010-01 REVISION 1 TO TASK ORDER 05 SP-187,OCEAN OUTFALL ASSESSMENT Task Order 05—SP-187,Ocean Outfall Assessment under Agreement No.PLAN2010-01("AGREEMENT) for ON-CALL PLANNING STUDIES between the ORANGE COUNTY SANITATION DISTRICT('SANITATION DISTRICT")and BLACK&VEATCH("CONSULTANT")is hereby revised as follows: COMPENSATION: The Not-to-Exceed amount for this Revision 1 to Task Order No. 05 is increased by$19,569.00 for a revised not to exceed amount of$67,593.00. CONSULTANT shall submit its invoices for this Revision 1 to Task Order 05 in accordance with the requirements of the Agreement,Section 2. COMPENSATION, Attachment"C'Billing Rates,and Attachment"D"Allowable Direct Costs of the AGREEMENT. Costs for the work included in this Task Order 05 shall be invoiced separately from costs for work included in any subsequently issued Task Orders. AUTHORIZED AGREEMENT AMOUNT: $ 700,000.00[Unchanged] SUMMARY OF TASK ORDERS: Authorized Agreement Amount: $ 700,000.00 Previously Issued Task Orden: 0.00 Less This Task Order 05: $ 48,024.00 Remaining Authorized Amount: $ 651,976.00 Less Revision 1 to Task Order 05: $ 19,569.00 $ 632,407.00 CATEGORY III TASK ORDER SUMMARY CUMULATIVE TASK TASK ORDER CATEGORY III ORDER TASK ORDER DESCRIPTION AMOUNT TASK ORDERS 05 SP-187,Ocean Outfall Assessment $49,024.00 $48,024.00 05 Rev.1 SP-187,Ocean Outfall Assessment $19,569.00 $67,593.00 Increase in Scope of Work Perisim 1 to TaskO roS—SP-W,Ocean 0u 11 Assessment Agreement No.PbnWa u EDN&- Page 1 of 2 Return to Agenda Report SCOPE OF SERVICES: Refer to CONSULTANT's proposal under Task Order 05. [Changed] DELIVERABLES: Project deliverables remain as described under Task Order 05. [Unchanged] SCHEDULE: All Work to be completed by approximately 6 months of Notice to Proceed, as described under Task Order 05. [Unchanged] EFFECTIVE DATE: This Revision 1 to Task Order 05 shall be effective as of the date of SANITATION DISTRICT's Operations Committee Chairman's signature below. All terms and conditions of the AGREEMENT shall remain in full force and effect. It is the intent of the SANITATION DISTRICT and CONSULTANT to incorporate this Task Order 05, inclusive of all revisions,into the AGREEMENT in a forthcoming amendment. Chair, Board of Directors Date Orange County Sanitation District Black&Veatch Date Revision 1 to Task Order 05—SP-187,Ocean Outrall Assessmem Agreement Me.Plan201"l EMS: Page 2 or2 Return to Aaenda Report ATTACHMENT G COST MATRIX BLACK & VEATCH CORPORATION Additional Scope - Cost Estimate - OOBS Rehabilitation SP-187 M[ FillillillilllF— Mechanical Lead Project Hydraulic Modeling Electrical Project Project Task Description Manager Specialist Specialist Lead Engineer Engineer CAD Total Hours Berk Stolinski McCarty Kindle Jayakumar Burns Admin/CAD Billing Rate Hrs Hrs Hrs Hrs Hrs Hrs Hrs 1 Task 1-Hydraulic Analysis 1.1 Model Update 0 0 6 0 0 5 0 11 1.2 Hydraulic Analyses 0 2 6 0 0 5 0 13 1.3 Deliverables 0 0 0 0 0 2 0 2 Subtotal 0 2 12 0 0 12 0 26 2 Task 2-Pump Selection and Layout 2.1 Pump Station Equipment Selection 0 0 0 0 8 0 0 8 2.2 Pump Station Layout 0 0 0 0 8 0 6 14 2.3 Deliverables 0 0 0 0 0 0 0 0 Subtotal 0 0 0 0 16 0 6 22 3 Task 3 -Electrical Selection and Layout 3.1 Electrical Equipment Selection 0 0 0 10 0 0 0 10 3.2 Electrical Layout 0 0 0 10 1 0 6 17 3.3 Deliverables 2 0 0 10 2 0 0 14 Subtotal 2 0 1 0 30 1 3 0 1 6 41 4 Task 4-Constructabilty and Schedule 4.1 Constructability 0 0 0 1 2 0 0 3 4.2 Schedule 0 0 0 1 2 0 0 3 4.3 Deliverables 2 0 0 0 2 0 0 4 Subtotal 2 0 0 2 6 0 0 10 5 Task 5- Pro-ec[Management 5.1 Technical Memorandum 1 0 2 2 2 0 0 7 5.2 Meetings 2 0 2 2 2 0 2 10 5.3 Pro ect Management 1 0 0 0 0 0 2 3 Subtotal 4 0 4 4 4 0 4 20 Total 1 $ 2,398 $ 422 $ 2,927 $ S,561 $ 5,220 $ 1,509 $ 1,631 $ 19,569 BLACK VEATCH CORPORATION I Labor and Fee Page 1 Return to Aaenda Remo FEE PROPOSAL FORM BLACK&VEATCH CORPORATION Pre-Work for OOBS Rehabilitation PROJECT NO.SP-182 Consultant: Black&Veatch Corporation Raw Labor $5,758 Fringe Rate 50.7% $2,920 Burdened Labor(Raw+ Fringe) $8,678 Overhead 105.0% $9,112 Subtotal (Burdened Labor+ Overhead) $17,790 Profit 10.00% $1,779 Total Direct Costs Not to Exceed Total Consultant Design Services not to exceed $19,569 Subconsultant: Debbie Burris Subconsultants Under$100,000 $o Total Subconsultants under$100,000 not to Exceed $0 Project Grand Total $19,569 OPERATIONS COMMITTEE Meeting Dare TOBA.Of DIr. 10/02/13 10/23/13 AGENDA REPORTItem Number Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Wendy Sevenandt SUBJECT: BOILER SYSTEM REHABILITATION AND SCRUBBERS H & I DEMOLITION AT PLANT NO. 2, PROJECT NO. P2-106 GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Consultant Services Agreement with Dudek & Associates, Inc. to provide construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, for an amount not to exceed $222,503; and, B. Approve a contingency of$22,250 (10%). SUMMARY Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, will replace feedwater and burner systems at the existing boilers at Plant No. 2 and demolish H & I Scrubbers including associated equipment, ductwork, piping, and electrical systems. Dudek & Associates, Inc. (Dudek) is providing engineering services for this project. Dudek has satisfactorily furnished engineering services for the design of Project No. P2-106 and their engineering support services are needed during construction to provide continuity through the completion of the project. The proposed construction services will include reviewing submittals, answering Contractor's requests for information, reviewing design changes, attending meetings, making site visits, preparing testing procedures, witnessing a factory demonstration test, reviewing commissioning plans, preparing Operations Manuals and Procedures (OMaP), preparing record drawings, and assisting in closeout of the project. Staff negotiated with Dudek for these support services in accordance with the Orange County Sanitation District's (Sanitation District) adopted policies and procedures. A review of the proposed price was conducted using estimated quantities of requests for information, submittals, meetings, site visits, change order review, and design revisions, as well as the level of effort to participate in pre-commissioning and commissioning tasks, to prepare record drawings, and to prepare OMaP. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services. Staff Page 1 of 3 recommends awarding a Professional Consultant Services Agreement with Dudek for an amount not to exceed $222,503, and approving a contingency of$22,250 (10%). PRIOR COMMITTEE/BOARD ACTIONS June 2013 — Authorized staff to enter into negotiations with Dudek for construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106. August 2012 - Approved a name change for Project No. P2-106 from "Chemical Scrubber Conversions and Piping System Improvements" to 'Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2." ADDITIONAL INFORMATION The original Professional Design Services Agreement (PDSA) had three tasks: 1. Replace the dewatering building plant water booster pumps 2. Upgrade the boiler feedwater system 3. Convert one chemical scrubber to a biotrickling filter scrubber and modify some existing biotrickling filter scrubbers. As other capital projects were developed, items 1 and 3 were incorporated into other projects and two headworks chemical scrubbers at Plant No. 2 were decommissioned, but not demolished. Also, new State regulations were enacted for air quality requirements that had to be implemented for the boilers by 2015. The project scope was modified to eliminate further work on the booster pumps and biotrickling filters, to add the replacement of boiler burners to meet the new State air quality regulations, and to demolish the two decommissioned scrubbers. Another small project was subsequently incorporated into this project to bring the status signals from the boiler facility to the Operations Center, thus reducing the amount of rounds the operators have to conduct at the boiler facility. The original PDSA entered into in 2010 included construction support services at a value of $54,532. The construction support services budget included in the PDSA, as well as the approved contingency, were reallocated under the General Manager's authority to accomplish the engineering work needed to design the scope changes. This original value of $54,532 would be insufficient for the current construction services scope of work. Entering into a new Professional Construction Services Agreement follows current procedures in which the Sanitation District enters into new agreements with Consultants for construction phase services. Page 2 of 3 CEQA A Notice of Exemption was filed and recorded on August 24, 2006. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (Line item: FY 2013-14 Update, Page A-10) and the budget is sufficient for the recommended action. Date of ADDroval Contract Amount Contingency 10/23/13 $222,503 $22,250 (10%) ATTACHMENT The following attachments) maybe viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: Professional Consultant Services Agreement NK:DF:WS:dm:gc Page 3 of 3 Return to Aaenda Report PROFESSIONAL CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 23rd day of October, 2013 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". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for Boiler System Rehabilitation and Scrubbers H &I Demolition at Plant No. 2, Project No. P2-106; 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 Delegation of Authority (DOA) Section 5.7 (f) and (g)for the selection of Construction Support Services and has proceeded in accordance with said procedures to perform this work; and, WHEREAS, at its regular meeting on October 23, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 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: 7. 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. P2-106 Remed 07/29/13 Page 1 of 17 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 CONSULTANT 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 sixty (60)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 twenty-two thousand five hundred three dollars ($222,503.00). 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 PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 2 of 17 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 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 PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 3 of 17 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. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 -AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2- COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a per-project-element basis. 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 or she may, at his or her 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. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 4 of 17 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 dollar ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c)conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT intends to employ employees who will perform work during the design and preconstruction phases of a construction contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 5 of 17 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 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. III. Coverage shall be in effect prior to the commencement of any work under this Agreement. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 6 of 17 B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: one million dollars ($1,000,000.00) per occurrence with one million dollars ($1,000,000.00)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) 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 ($1,000,000.00) or alternatively, one million dollars ($1,000,000.00) per person for bodily injury and one million dollars ($1,000,000.00) 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 ($1,000,000.00) 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. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 7 of 17 F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than two million dollars ($2,000,000.00)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: • Certificate of Insurance ACORD Form 25-S(7/97)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 PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 8 of 17 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 (7/97)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 Contracts Administration, Division 230, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the changes) 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. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 9 of 17 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. 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. 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. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 10 of 17 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 fifteen (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. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 11 of 17 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: Larry Roberson, Senior Contracts Administrator Copy: Wendy Sevenandt, Project Manager Notices shall be mailed to CONSULTANT at: DUDEK 605 Third Street Encinitas, CA 92024 Attention: Tom Falk, Project Manager All communication regarding the Scope of Work, will be addressed to the SANITATION DISTRICT's 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. 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. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 12 of 17 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). PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 13 of 17 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. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 14 of 17 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. 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. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 15 of 17 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. P2-106 Revised 07/29/13 Page 16 of 17 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 Clerk of the Board Date By Contracts, Purchasing and Materials Date Management Manager Attachments: Attachment"A" Scope of Work for Construction Support Services Attachment"B" Not Used Attachment"C" Not Used Attachment"D" Allowable Direct Costs Attachment"E" Fee Proposal Attachment"F" Not Used Attachment"G" Not Used Attachment"H" Not Used Attachment"I" Not Used Attachment"J" Not Used Attachment X' Hourly Rate Schedule for Minor Suboonsultants LDR EDMS:003977210 PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 17 of 17 P2-106 PCSA ATTACHMENT "A" SCOPE OF WORK FOR CONSTRUCTION SUPPORT SERVICES ATTACHMENT "A" SCOPE OF WORK FOR CONSTRUCTION SUPPORT SERVICES Boiler System Rehabilitation and Scrubbers H & I Demolition Project No. P2-106 TABLE OF CONTENTS I. SUMMARY..........................................................................................................................................2 II. PROJECT ELEMENTS.....................................................................................................................2 III.PROJECT SCHEDULE......................................................................................................................2 IV.PROJECT IMPLEMENTATION.....................................................................................................2 PHASE 4-CONSTRUCTION AND INSTALLATION SERVICES...................................................2 PHASE 5-COMMISSIONING SERVICES..........................................................................................7 PHASE 6-CLOSE-OUT..........................................................................................................................8 V. STAFF ASSISTANCE......................................................................................................................10 EXHIBITS:..............................................................................................................................................10 June 7, 2013 Project No. P2-106 Page 1 of 10 I. SUMMARY Provide construction support services for the construction and installation, commissioning, and close out of the project described herein. It. PROJECT ELEMENTS Dudek prepared the final design for a Boiler System Rehabilitation and Scrubbers H & I Demolition to include replacement of the feedwater system, replacement of the boiler burners and control system, and demolition of the abandoned trunk line scrubbers H & I and associated ductwork and appurtenances. III. PROJECT SCHEDULE Major Milestones Estimated Schedule Provide Construction Support and Commissioning Services January 2014 to January 2015 Project Closeout January 2015 to April 2015 TOTAL SCHEDULE TIME 16 Months IV. PROJECT IMPLEMENTATION All Sanitation District Projects are divided into six (6) phases. Under this Agreement, Dudek shall provide engineering support services for Phase 4—Construction, Phase 5— Commissioning, and Phase 6—Closeout. Phase 4—Construction and Installation Services Phase 5— Commissioning Services Phase 6— Closeout PHASE 4—CONSTRUCTION AND INSTALLATION SERVICES The Sanitation District shall administer and provide field inspection for construction contracts. Construction and installation support services shall be provided by Dudek as requested by the Sanitation District. Dudek shall refer to the Engineering Design Guidelines, Chapter 01 for detailed requirements. Dudek shall provide the key management personnel as described in their proposal on this project. Dudek shall not reassign the key project personnel without prior approval of OCSD. June 7, 2013 Project No. P2-106 Page 2 of 10 OCSD may request reassignment of any of Dudek's or their subconsultant's personnel, based on that individual's performance For purposes of the proposal, Dudek shall include hours and fees in their Proposal for appropriate personnel classifications to perform the tasks described below. Task 4.1 — Preconstruction Conference Attendance at the Preconstruction Conference is not required. Task 4.2—Submittals The Sanitation District will receive and log-in all submittals from the Contractor. The Sanitation District will forward two copies of all shop drawing, data, and submittals requiring Design Consultant review. Dudek will review and provide comments to (or take other appropriate action in respect of)the shop drawings and other data which the contractor is required to submit for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs. Dudek shall return the submittal review comments to the Sanitation District within the time frame that allows the Sanitation District to meet the specification requirements for review. Dudek shall return comments to the Sanitation District allowing sufficient time for the Sanitation District to incorporate all comments into a combined review comment set that the Sanitation District will return to the Contractor. Dudek's estimate for this task shall be based on the Contractor providing an acceptable submittal as either the original submittal or the first resubmittal. Dudek shall accommodate occasional expedited reviews for time sensitive submittals. Submittals shall include but not be limited to shop drawings, commissioning plan, vendor tests, certifications, and test reports. Pre-Submittal Meeting: CONSULTANT shall attend a two-hour pre-submittal meeting with OCSD and Contractor staff to coordinate the submittal effort. For the purpose of this proposal, the CONSTULANT shall assume 25 Contractor submittals/shop drawings and 20 resubmittals shall be reviewed by the CONSULTANT Task 4.3— Request for Information (RFIs) The Sanitation District will log in and forward to Dudek RFIs generated by the Contractor or the Sanitation District. Dudek shall return written responses to the Sanitation District clarifying the requirements of the Contract Documents. Dudek shall generate necessary sketches for the clarification which can be created as CAD or hand sketches. Dudek shall occasionally expedite the review of time sensitive RFIs. Dudek will issue necessary clarifications, interpretations, and redesign of the Contract Documents requested by the Contractor through the District, as appropriate for the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. June 7, 2013 Project No. P2-106 Page 3 of 10 For the purpose of estimating the effort for this task, assume that 30 RFIs shall be reviewed and responded to by the CONSULTANT. Task 4.4—Contract Modifications, Design Changes, and Change Orders If the Contract Documents require modifications, due to changed conditions, OCSD requested changes, omissions or design errors; CONSULTANT shall prepare preliminary change order documents and forward them to OCSD. OCSD shall review the proposed change and request CONSULTANT to incorporate any changes. OCSD will issue the change order documents in a formal Request for Proposal (RFP)or Field Change Order(FCO)to the Contractor. CONSULTANT shall forward design calculations and other design backup documents as necessary to OCSD. CONSULTANT shall prepare cost estimates for the changes when requested by OCSD. For the purpose of this proposal, the CONSTULANT shall assume appropriate documentation for 10 change orders shall be prepared by the CONSULTANT. Any Contract Document that requires changes shall be identified with date of change and reference (RFI number, RFP number, FCO number, etc.)shown on the document. Changes shown on drawings shall be clearly marked and "clouded"for accurate identification of the scope of change by the Contractor and inspection staff. CONSULTANT shall maintain up-to- date Contract Documents. When a change is required on a contract drawing that has previously undergone a change, the updated drawing showing the previous change shall be used as the base document to identify new changes. CONSULTANT shall submit complete change documentation to OCSD for use in RFIs, RFPs, and FCOs. This change documentation shall include plan drawings, schematics, details, schedules, and specifications, as required. Task 4.5—Site Visits, Weekly Progress Meetings and As-Built Review Meetings Dudek shall have their Construction Project Manager or Project Engineer attend the weekly progress meetings on an as needed basis. Dudek shall bring other design engineers or suboonsultants to the weekly progress meetings as requested by the Sanitation District. The Sanitation District will generate meeting minutes. When requested by the Sanitation District, Dudek shall inspect the Contractor's as-built drawings at the 50 and 100 percent of project completion to verify that the Contractor has included all relevant information from approved change orders and RFIs. Dudek shall prepare a summary of the findings for each of these inspections and forward it to the Sanitation District. Dudek shall make field site visits or attend job site meetings to assist in field problem resolution and design clarification/verification to help resolve construction issues as they arise and as requested by the Sanitation District. Dudek shall report the nature of the field site visits, the problem resolved, and identify staff conducting the site visit in Dudek's monthly project report. The Sanitation District will provide project inspection. Dudek shall attend the job walk for beneficial occupancy. June 7, 2013 Project No. P2-106 Page 4 of 10 Dudek shall assume 12 site visits for the Project Manager and 20 site visits for the Project Engineer which includes attendance at progress meetings, as-built drawing checks, site visits to resolve construction issues, and attendance at the job walk for beneficial occupancy. Task 4.6—Claim Avoidance and Dispute Resolution Assistance Assistance for claim avoidance and dispute resolution will be negotiated on an as-needed basis. Task 4.7— Pre-Commissioning Pre-commissioning activities shall include work to ensure the commissioning team is functional, the commissioning plan is in place, and test procedures are developed. Pre-commissioning includes the ORTs, and FATS and RATS. Dudek will provide up to 2 reviews of the Contractor's commissioning plan. OCSD staff will conduct a Gate meeting with management to gain approval of the commissioning plan and acceptance to move from pre-commissioning into commissioning. Task 4.7.1 —Meetings, Workshops, and Submittal Review Dudek shall attend the pre-submittal meeting for the Contractor's Commissioning Plan and subsequent meetings regarding the commissioning plan as requested. Dudek shall review the Contractor's commissioning plan and assume up to two reviews for the commissioning plan. Dudek shall participate in one two-hour workshop to provide input for the review and update the communication plan and the risk plan. OCSD will update the plans. Task 4.7.2— Factory Demonstration Tests Dudek shall review the Contractors test plan (two review cycles)for the factory demonstration tests including the boiler burner control system. Dudek shall be present at the boiler burner control system factory demonstration test. Direct costs shall be included for travel expenses in the proposal. Task 4.7.3—ORT/FAT/RAT Test Procedures in Field Dudek shall develop test procedures for field testing of the feedwater pumps, boiler burner control system, and the 1/0 points transmitted to OCSD SCADA system. Task 4.8—Operation Manual and Procedures (OMaP) Dudek shall create Operation Manual and Procedures (OMaP)for the operators that shall completely describe the functionality of the system based on the feedwater and boiler burner control systems interactions and controls, monitoring points, system features accessible or programmable by operators, and drawings. All features of the system shall be described for normal equipment operation, fail-over equipment operation, and emergency equipment operation. The OMaP shall follow the content requirements described in Exhibit A. Dudek shall not start work on the OMaP until authorized by the Sanitation District. The basic information requirement would not change, but the organization and file structure or other standardization may change as the OMaP format is further developed by the Sanitation District. June 7, 2013 Project No. P2-106 Page 5 of 10 The OMaP shall be complete prior to the Commissioning Phase of construction. The OMaP shall be submitted, reviewed, all comments incorporated, additional review cycles completed, and OMaP accepted by OCSD prior to any Operator Training prior to the Functional Acceptance Test described in the construction documents. OCSD will comment on the OMaP submittal within 30 days upon the submittal receipt. The Consultant shall address, resolve and/or incorporate the comments and resubmit for review. Native and PDF electronic files shall be submitted. One hard copy shall be submitted for each review cycle. The OMaP shall be updated after the project startup. Task 4.9 Equipment and Instrument Database Dudek shall complete the consultant required entries in the EID as defined in the contract specifications for this project. Native electronic files shall be submitted. Task 4.10—Project Management for Phase 4 Task 4.10.1 General Management Dudek shall be responsible for management of their staff and subconsultants and shall keep the Sanitation District appraised of the status of their work on the project. Dudek shall provide the key management personnel as described in their proposal on this project. Dudek shall not reassign the key project personnel without prior approval of the Sanitation District per Section 9 of the Professional Consultant Services Agreement. The Sanitation District may request reassignment of any of the Dudek's or their subconsultant's personnel, based on that individual's poor performance. Dudek's Project Manager shall conduct monthly project meetings via telephone with the Sanitation District's Project Manager. These meetings shall be at a mutually agreeable time, generally around the second week of the month. The purpose of the meetings shall be to review the Dudek Project Manager's report and the status of the project scope and budget. Meetings should be arranged so that the progress report can be discussed at each meeting. Other meetings shall be scheduled on an as needed basis or conducted when Dudek's Project Manager plans to be at OCSD for other site visits. Task 4.10.2 Progress Report Regardless of when the monthly Project Manager's meetings occur, Dudek shall submit a monthly progress report that will include the following: • Work completed to in the past month • Work anticipated for the upcoming month • Outstanding project issues • Status and Issues impacting project scope and budget • Construction contract changes • Percent complete, tabulated on a per task basis • Overall project budget, tabulated on a per task basis • Travel and site visit summary June 7, 2013 Project No. P2-106 Page 6 of 10 Task 4.10.3 - Invoices Dudek shall prepare and submit monthly invoices to the Sanitation District. The invoices shall document the resource hours and billing rate for each person that works on the project for each task. Overhead, profit and any direct costs shall also be shown for each task. As part of the summary section of the invoice, Dudek shall also include the following information: • Budget • Previous billing period total invoiced to date • Current billing period invoicing • Current billing period total invoice to date • Budget Amount Remaining • Current billing period total percent completed to date A workbook shall be provided by OCSD that contains the required data. This workbook shall be filled out by Dudek and submitted transmitted electronically to the OCSD Project Manager for each invoice. The cost component breakdown for each element above shall match that of the PCSA. The monthly progress report shall be submitted with the project invoice as part of the monthly request for payment. Dudek shall also provide percent budget spent for each of the Sanitation District's cost codes (i.e. by work package and phase). The list of cost codes by phase is included with the Request for Proposal and included in the invoice workbook. The workbook shall be originally filled out as the proposal matrix. The workbook is included as Exhibit B. This workbook will be subsequently modified and used as the invoice structure to track resource hours and expenditures against the work breakdown structure. Dudek shall include hours for project management services including tasks that will be performed by the Dudek throughout the construction, commissioning and closeout phases of the project. These tasks are included in a separate section to facilitate tracking of resource hours and fees by both the Consultant and the Sanitation District. These services include coordination of staff and subconsultants, and project status tracking and reporting. PHASE 5—COMMISSIONING SERVICES Dudek shall provide commissioning services as requested by the Sanitation District. For purposes of the proposal, Dudek shall include resource hours and fees in the Proposal for appropriate personnel classifications to perform the following tasks. For all services, Dudek shall refer to Engineering Design Guidelines, Chapter 01 for detailed requirements. Task 5.1 -Assist in Start-up Services Dudek will not be required to participate in start-up services. . Task 5.2—Training Dudek will not be required to provide training for the Boiler System. June 7, 2013 Project No. P2-106 Page 7 of 10 Task 5.3— Project Management Dudek shall also include project management support resource hours related to Commissioning under this Phase for the subtasks described in Task 4.9 above. Monthly progress meeting shall be via telephone call. Task 5.4— Final OMaP Following commissioning, the Consultant shall address, resolve and/or incorporate any comments, additions or changes to the OMaP discovered during commissioning requiring revision and then resubmit for review. Incorporate any final comments and submit the final documents. Native and PDF electronic files shall be submitted. PHASE 6—CLOSE-OUT Close-out tasks include completion of punchlist work by the Contractor, final inspection, completion of record drawings and electronic data. Dudek shall submit a final invoice at the completion of the project. Task 6.1 — Final Inspection Dudek's attendance at the Final Inspection is not required Task 6.2— Record Drawings With resource hours accounted for under Site Visit Task 4.5, CONSULTANT shall inspect the field markup set maintained by the Contractor and inspected by OCSD staff at the 50 and 100 percent completion points of construction. As part of the review process, CONSULTANT shall verify that the Contractor's As-Built set correctly reflects the information included in the approved shop drawings, approved field change orders, plan clarifications, plan changes and other deviations from the conformed drawings, and that the information in the set is complete. Based on the findings, CONSULTANT shall prepare a written report on the completeness of the field markup set. CONSULTANT shall attend periodic workshops with the Inspector, Resident Engineer, and Enterprise Information Management to ensure Contractor's As-Built set contains all relevant material. Discipline engineers shall meet with the Contractor and inspector to reconcile conflicting information and ensure all contract changes have been incorporated. Under this task 6.2, CONSULTANT shall prepare draft record drawings from the approved Contractor's As-Built set for all drawings in accordance with the requirements in the CAD Manual. The CONSULTANT shall submit the draft Record Drawings to OCSD Project RE. The Draft Record Drawings will be reviewed for content and CAD Compliance by OCSD staff. A comment log will be returned to the CONSULTANT and, if any comments are generated, the CONSULTANT shall revise the record drawings and resubmit to the RE for review of the changes and acceptance of the record drawings. When no additional comments are identified, CONSULTANT shall prepare the final record drawings and submit them along with the Contractor's field markup set to the Project Manager. All record drawings shall contain a stamp indicating: June 7, 2013 Project No. P2-106 Page 8 of 10 "Record Drawings These Record Drawings have been prepared based on information provided by others. The Engineer has not verified the accuracy of this information and shall not be responsible for any errors or omissions which may be herein as a result." The stamp shall optimally be placed in the bottom right hand comer of the border and may be included via x-ref. If importing the stamp via x-ref interferes with content in the bottom right hand corner, the stamp may also be placed in other open space along the bottom of the border. In addition, a note shall be placed over the engineer's seal stating that"This drawing was originally approved for construction by [name of engineer] on [date] and sealed by[name of engineer] a licensed professional engineer in the State of California No. [License number] ". CONSULTANT shall submit an electronic copy of the record drawings to OCSD for review and approval. The acceptance of the record drawings shall be deemed a condition for completion of work. The Contractor generated drawings described in the Design Guidelines and the shop drawings will not be updated by CONSULTANT. The format for delivery of the submittals shall be as specified in the Design Guidelines section titled "Software and Electronic File Format Requirements". Native electronic CAD files and PDF electronic files shall be submitted. One set of hard copy on bond shall be submitted. Dudek shall prepare the electronic file of the Final Conduit, Tray and Cable Schedule updated to reflect the as-built conditions based on the Contractor's and OCSD's "red-line" drawings, and ready to merge to Facility Model documentation (electronic media submittal is required). Task 6.3— Final EID Dudek shall review the EID for as-built conditions and make necessary changes and resubmit to OCSD. The database shall be ready to merge to the Facility Model documentation. Task 6.4— Lessons Learned Dudek shall attend a two-hour meeting six (6) months after final payment to the Contractor to evaluate the effectiveness of the scope of work and project management procedures and to consider improvements for future projects. The Dudek shall prepare an agenda for the meeting. Meeting minutes will be prepared by OCSD. Task 6.5— Project Management Dudek shall also include project management support resource hours related to Close-out under this Phase for the subtasks described in Task 4.9 above. Monthly progress meeting shall be via telephone call. June 7, 2013 Project No. P2-106 Page 9 of 10 V. STAFF ASSISTANCE The Sanitation District staff member or designee assigned to work with Dudek on the construction phase of this project is Wendy Sevenandt at(714) 593-7392, email at wsevenandtO.ocsd.com , or fax at (714) 964-4775. WTS:eh EDMS: 0039/5.1 a EXHIBITS: Exhibit A-Operations Manual and Procedures (OMaP) Content Requirements June 7, 2013 Project No. P2-106 Page 10 of 10 P2-106 PCSA EXHIBIT "A" OPERATIONS MANUAL AND PROCEDURES CONTENT REQUIREMENTS Exhibit A Operations Manual and Procedures Content Requirements OCSD maintains on-line Operations Manual and Procedures(OMaP)for all collection system and plant facilities. OMaP is designed for collection system and plant operations staff. It provides information necessary to operate and maintain collection system and plant facilities. For collections system staff, the OMaP serves as a procedures manual for operating and mechanically maintaining OCSD's sewers and pump stations. For treatment plant operations staff, the OMaP is similarly a procedure manual for operating OCSD's treatment plants. Plant operations staff does not perform maintenance work and so typically treatment plant maintenance procedures are not included in the OMaP. Maintenance procedures are included in the Equipment Service Manuals prepared by the Contractor. For collections and plant projects, the Consultant-developed Operations Manual portion of the OMaP is organized into separate sections addressing each process that is further broken down unit processes. Enough detail shall be provided that a qualified wastewater treatment plant operator, California Grade III or above, or similarly qualified collections system maintainer, unfamiliar with the process, could operate the process with just the information provided. Process areas in the OMaP are organized on the OCSD SharePoint site as follows: • Introduction • *Design Criteria • c@ Theory of Operation • Equipment Controls • *Consultant Recommended Procedures • ®Safety • OTroubleshooting SPACSD OW SOw for Co ubrft 1 12/19 11 Below is a general content description of all seven chapters; content may vary slightly depending on the speck delivery need of the project. OMaP for P2-91 serves as an example and can be viewed upon request, or a hardcopy printout can be made available. Introduction NV The introduction Chapter shall consist of two major topics: • Purpose • Overview Purpose consists of a single topic, a few sentences in length, stating the system purpose or a bulleted list of things the process accomplishes. This section shall describe the"why" of the system or equipment. Overview shall provide a list of the main components, in order of flow, including upstream and downstream process connections. This is to orient the reader as to the complexity and limits of the system. This section shall include a brief description of the system and equipment to give a general idea of the functioning and general layout of the facility to accomplish the purpose. It shall describe a general perspective of the"what and where"of a system or equipment and describe how major components function together as a system. For most systems(equipment, the overview shall consist of a single topic. For most processes, the Introduction chapter shall be further broken down with subheadings for each major system of the process. The Overview shall include graphics or schematics to enhance the meaning of the content and provide the reader with illustration(s)of the system. At a minimum, the following graphics shall be provided: • Process Flow Schematic • Facility Location Map • Plan identifying the location of project(new or improvements) • Hydraulic Profile • Process Piping Plan • Overview photograph of each system that supports the process SP:OCSDOWPSOWfor Core to 2 12/19M11 Graphics/schematics provided in JPG or GIF format shall be loaded as an image on the page. Graphics/schematics provided as PDF shall be uploaded as an object and associated to the page. Design Criteria The Design Criteria chapter documents the Process Design Criteria. The process design criteria topic shall predominantly consist of detailed process design information and basis of design, such as flow rates,wastewater characteristics, process capacities, loading rates, retention times, equipment information etc. If the process involves chemical application,the chemical strength, dosages,and feed rates shall be included here. In the narrative explanation, provide a discussion as to why each particular process element was selected. For most processes, the Design Criteria chapter shall have design criteria information further broken down into individual tables for each major system and pieces of equipment. Process Design criteria typically shall be listed in a table such as the one below. [ENTER SYSTEM NAME] Design Criteria Parameter Criteria Ti 1 Process equipment and related details typically shall be listed in a table such as the one below. [ENTER SYSTEM NAME] Process EquipmentlElements EquipmentlElement ETn# lilt ff SP:OGSD OWP SOW f Cans ,u 9 1211M011 <6Theory of Operation > This chapter addresses the principles, assumptions, and explanation of the workings of the process or facility. It describes the"how'of a facility and often also describes"how"equipment works. Topics cover the abstract explanation of the principles that govern the process and its subprocesses without dealing with equipment functioning or details, except when the equipment serves to carry out the theoretical needs of the process. This section complements other generally available comprehensive theoretical sources. Calculations, chemistry, formula, equation and other unusual or unique features of the process shall be included in the Theory of Operation Chapter. Simple formulas may be typed directly in the text. For complex formulas, create a separate graphic(JPG or GIF)file. Equipment Controls The Equipment Controls chapter contains a narrative explanation of the control loop for the equipment systems within the process, including interlocks and permissives that convey the original design intent. For most processes, the Equipment Controls chapter shall be further broken down into individual subheadings for each major system. The SCADA system controls shall be included in this segment. Use the operating philosophies and SCADA control strategies as documented in the conformed plans and specifications and the SCADA screens for development of this material. The CONSULTANT shall obtain the final SCADA screens from the OWNER after the SCADA System Reliability Acceptance Testing. After commissioning, the CONSULTANT shall update the Facility O&M Manual to reflect As-Built conditions. Provide an integrated explanation of the operating philosophy for each component followed by a control summary table. A three column table will be provided for each piece of equipment that identifies the "Control"or"Indicator" in the left column, its "Location" in the middle column, and a brief description (no more than two to three lines) of the component"Function". in the"Function"column, identify panel tag descriptors in bold (ex: Hand, Off, Auto, Remote, etc.). Include ranges and set points for each meter, gauge, and other analytical equipment. aP:OGSD 0IMP sow for consultants 4 Typical equipment controls include: • Circuit breakers and main power switches. • Control and mode selector switches. • Pushbuttons. • Meters, gauges and analytical instruments. • Status lamps, by color. [Enter Process Name or Equipment] Equipment Control Summary Control or Indicator Location Function Develop a separate table that locates equipment controls that are monitored or controlled through CRISP. This table has two columns. The first column poses the question"Where Do I Find?" The second column identifies the"CRISP Screen"where the information is displayed or the controls are set. -Typical questions to answer include-Where do I find: Equipment Control Mode • Status • Alarms • Feed Rate • if interlock conditions have been met • how to operate a piece of equipment in Manual Mode [Enter Process Name] CRISP Summary Where Do I Find? CRISP Screen Note: For complex process areas that have multiple systems, a comprehensive control description shall be developed for the entire process. A separate section for each system that supports the process shall be developed. SP:OCSD OMaP SOW for CwnftaM a 1211&2011 As a minimum the following graphics shall be included in this chapter: • Facility Location Map of the Process • Schematic Flow Diagram of the Process • Panel Location Map • Panel Photographs • Pump Performance Curves • P81D • CRISP Summary • CRISP Screens Photographs • Photos of installed equipment/controls with arrows identifying critical equipment and controls Consultant Recommended Procedures This chapter details operating descriptions for system(s)and components within a system. It contains multiple topics, each covering a different procedure. It contains topics covering procedures for routine operations,equipment check schedule, system start-up, system shutdown, and abnormal procedures. For most processes, this chapter shall include individual tables for each procedure. Below are the specific requirements for each topic: • Routine Operation and Equipment Check Provide a schedule of Equipment Checks during the normal Operation/Inspection Rounds for Operations and Collection system personnel. Provide notes or supplementary tent describing any activities that need further description to be clear. [ENTER SYSTEM NAME] [Equipment Name] Check Schedule i.Equipment Check Daily Weekly Monthly Quarterly Annual ; i I I � l SP:OCSD OM&P SOW for ComuR 6 1xis20f1 • Process Monitoring Activities Provide a list and observation status of Process Monitoring Activities during the normal Operation/Inspection Rounds for Operations and Collection system personnel. Provide notes or supplementary text describing any activities that need further description to be clear. [ENTER PROCESS NAME] Process Monitoring Activities/Procedure Step Observation [ENTER SYSTEM COMPONENT NAME] 1 Entry 2 Entry • Maintenance Schedule and Procedures(Collection Projects) This section shall include a description and schedule of preventive and predictive maintenance activities for Collection system personnel. The CONSULTANT shall use the Vendor Equipment Service Manuals supplied by the Contractor as a starting point in developing mechanical maintenance procedures, and shall refer to the reader to the tab where these manuals can be found. A schedule of preventive maintenance activities is created for each piece of major equipment by process area. Note that this section covers only mechanical maintenance; electrical and instrumentation maintenance activities are not included and are covered in OCSD's CMMS system instead. [ENTER SYSTEM NAME] [Equipment Name] Preventive Maintenance Schedule Maintenance Task Daily Weekly Monthly Quarterly Annual i { • Start-Up Procedures The Start-up procedures topic consists of step by step start-up procedures for the system in two separate modes—manual and remote. Individual components shall be addressed separately. SP:OCSD OMaP SOW fa CwsunMs r 12I19W11 i • Shutdown Procedures The Shutdown procedures topic details step-by-step shutdown procedures for the system as individual components and addresses four separate modes—manual, remote, short-term and long-term. • Abnormal Procedures The Abnormal Procedures topic shall detail step-by-step procedures for alternative operating procedures. A typical abnormal procedure would be process operation during communications failure or power failure. Note: All step-by-step procedures shall identify the control panel(s) and reference control devices necessary to perform the procedure. In general, sufficient detail shall be provided that a qualified operator unfamiliar with the process could perform the procedure without additional knowledge except what is found in this manual. • Access/Maintenance: The CONSULTANT shall also provide maintenance information that would not be contained in Contractor supplied Vendor Equipment Manuals. Examples would include use of cranes to remove equipment, use of doorways to remove equipment, accessing equipment inside the manhole, maintenance required for structures, etc. Safety This chapter includes safety risks and concerns related to the area, processes, equipment and controls in the project. The CONSULTANT shall address the following: • Identify safety hazards- Include a paragraph describing the hazard and a photograph illustrating the hazard. Typical hazards may include trippingKalling hazards, permit- required confined space entry, explosive or toxic gasses, low headroom, drowning, traffic hazards, etc. • Characterize safety risks and concerns and recommend safe practices (specifically related to the equipment, process and controls included in this project). Coordinate with and, where appropriate, reference adopted OCSD Safety procedures by number and date. • Identify confined space and area classification SROCSD OMeP SOW far CowuMs 8 lV192011 • List of all safety related equipment and its location— Use the format of the table below to identify things such as fire extinguishers, telephones, emergency eyewashes/showers, ear plugs(for processes requiring hearing protection), methane or hydrogen suede alarms, etc. [Enter Process] Safety Equipment Equipment Location Troubleshooting This chapter includes a process specific troubleshooting guide for the area. For plant projects, equipment troubleshooting is covered in the Vendor Equipment Service Manual and will not be repeated here. The Equipment Service Manuals can be added as a Related File. Presented below is the troubleshooting guide for the [ENTER PROCESS NAME] process. Troubleshooting: [ENTER PROCESS NAME] Observation Possible Cause Possible Solutions SP:OCSO OMaP SOW for Constitants 9 1V1912011 Maintenance(Vendor Equipment Service Manuals) Vendor Equipment Service Manuals are the operation, installation and maintenance manuals provided by equipment vendors for each piece of equipment for capital projects. These manuals typically are submitted by Contractors in electronic format for inclusion into OCSD OMaP. Where appropriate the CONSULTANT shall reference them in the Consultant-developed operation manuals. In cases where a Vendor Equipment Service Manual does not exist in electronic format for a speck component but should be referenced by the Consultant-developed manual, the Vendor Equipment Service Manual shall be scanned into electronic format and provided to the OWNER. An assessment of such Vendor Equipment Service Manual shall be provided. This information can sometimes be found in OCSD's CMMS database and can be provided to the CONSULTANT by the Owner tithe equipment Loop Tag Number(s)is available. Vendor Equipment Service Manual Assessment shall include the following: Date:that equipment went into service. (xxlyy/=format) Title: of the equipment manual(Example: Operation, Installation and Maintenance of Fairbanks Morse Series F Vertical Turbine Solids Handling Pumps) Source: The name of the manufacturer. Keywords: OCSD shall provide a data dictionary of terms to use for the project. At a minimum the keyword assessment shall include the project number(P1-76), project name (Trickling Filter Upgrade), the Design Engineer, specification section number(11117), structure names where equipment is located (Trickling Filter Pump Station, TFPS),equipment process descriptions, process area location number(s), process area location name(s),equipment tag numbers (12BPMP010, 12BPMP015, 12BPMP020), manufacturer's name(Fairbanks Morse), the Asset Description(s)from the EID(pump, centrifugal, impeller), and key process and function descriptors like "trickling filter recirculation pump' or "pulsation dampener". Figures Figures are defined as picture or drawing files that are created to clarify or illustrate a concept in the O&M Manual or are based on simplified drawings based on the construction set An assessment of each figure shall be provided in an XLS file supplied by the OWNER and filled in by the CONSULTANT. The Figure Assessment shall include the following: Date: Figure was created or revised. (Example: 11112005) Title: Caption that identifies the figure. (Example: P2 Hydraulic Profile). Source: The person or entity generating the figure, normally the Consultant. Keywords: The OWNER shall provide a data dictionary of terms to use for the project. SP:OCSD War SOW for Consultants 10 12na2011 At a minimum the keyword assessment for figures shall include the project number; project name,the name of the firm that developed the figure, structure names, equipment process descriptions; process area names; process area numbers; equipment loop numbers; etc. (Example: P1-76; Trickling Filter Rehabilitation and New Clarifiers;, Black& Veatch, Trickling Filter Pump Station; Water Systems, 12A, 12B, 12C;Secondary Treatment General, TF Facilities, Blower Building Facilities; 12AF-130, 12AF- 104, 12BL-013, 12BZ-016, 12B6-016.) Permit Permits are binding legal agreement between OCSD and a regulatory agency. An example would be the NPDES permit. An assessment of each permit shall be provided in an XLS file supplied by the OWNER and filled in by the CONSULTANT. The Permit Assessment shall include the following: Date: that permit was issued. Title: of the permit(Example: Plant 1 Can Gen Air Quality Operating Permit) Source: The regulatory agency that issued the permit(example: SCAQMB) Keywords:The OWNER shall provide a data dictionary of terms to use for the project. At a minimum the keyword shall include the permit topic(examples: air emissions, biosolids, effluent discharge, pretreatment)and the collection system or plant process location number and name that the permit covers, (Example: Area 16, Plant 1 Central Generation). Training Material Training Material consists of word processing documents(DOC, pdf), spreadsheets(xis, pdf), Power Point(ppt), Flash or other electronic presentations that were prepared for the purpose of training OCSD staff. Video presentations shall be provided in Flash, QuickTime, or AV format, as well as native format if not originally in one of the foregoing formats. An assessment of each file shall be provided in an XLS file supplied by the OWNER and filled in by the CONSULTANT. The Training Material Assessment shall include the following: Date: Date that training was delivered. (12101/2007) Title: Title of the presentation, document, spreadsheet, etc. (Example: Trickling Filter Pump O&M Power Point Slides) Source:The person or entity creating the material, normally the manufacturer Keywords: The OWNER shall provide a data dictionary of terms to use for the project. At a minimum the keyword assessment shall include the training topic(s) (ex.: trickling filter pump operation, trickling filter recycle control); the collection system or plant process location number; the location name; the equipment loop numbers; and,for speck equipment training,the equipment loop tag numbers. SROCSD OMaP SOW for Conauka 11 12119 11 Photographs Photographs used in the WORD document shall be provided a separate file for each photograph in JPG format as well as native format if not originally in JPG format. The photographs shall be provided at a resolution of 1024 x 768 pixels. An assessment of each photograph shall be provided in an XIS file supplied by the OWNER and filled in by the CONSULTANT. The Photograph Assessment shall include the following: Date: that photograph was taken. (Example: ex. 08/19/2007) Title: Enter the same caption as used in the WORD file. Source:The photographer and photographer's employer, or other source of the photograph Keywords:The OWNER shall provide a data dictionary of terms to use for the project. At a minimum the keywords shall include the photographer, the location, equipment tag number and name of the equipment, (Example: Trickling Filter Pump Station, TFP-1001). sP:OCSD OMBP Saw far Cmauftarb 12 12119/2011 P2-106 PCSA ATTACHMENT "D" ALLOWABLE DIRECT COSTS ATTACHMENT "D" ALLOWABLE DIRECT COSTS LONG DISTANCE TOLL All long distance toll charges incurred will be reimbursed as direct costs. Toll CHARGES charges to area codes serving Los Angeles, Orange, Riverside,and San Bernardino Counties will not be reimbursed. FACSIMILE TRANSMISSION Facsimile transmission charges will not be reimbursed, except the long distance toll CHARGES charges, as described above. In-house reproduction of records and documents will not be reimbursed by the REPRODUCTION AND OCSD. Use of an outside copy service for specially items and volume reproduction PRINTING CHARGES will be reimbursed at direct cost. Use of a professional printing service will be reimbursed at actual cost. OVERNIGHT MAIL DELIVER Use of Federal Express, Express Mail, UPS, or such similarly-related service,as AND MESSENGER SERVICE well as a messenger service, will be reimbursed at direct cost only when necessary. POSTAGE Incidental postage will not be reimbursed by OCSD. FILM PROCESSING Film processing will be reimbursed at actual cost. COMPUTER USAGE Computer use by Consultant and/or support staff will not be reimbursed. MILEAGE AND TOLL FEES Per mile reimbursement will be at the current rate set by the Internal Revenue Service. Toll fees will be reimbursed. TEMPORARY STAFF The use of outside temporary support staff will be reimbursed at direct cost with prior approval of OCSD. OFFICE SUPPLIES The purchase of office supplies by Consultant will not be reimbursed. The cost of lodging including room and all applicable taxes will be reimbursed. LODGING Lodging incidentals including movies, internet, laundry service, valet service, room service, etc, will not be reimbursed. GROUND TRANSPORTATION The cost of ground transportation for taxi, shuttle, train, etc.,will be reimbursed. Limousine service will not be reimbursed. Airline ticket cost including one bag will be reimbursed only if pre-approved by AIRFARE OCSD. First class tickets will not be reimbursed unless pre-approved by OCSD. Membership dues for corporate card frequent user programs or the cost of airline club membership will not be reimbursed. AUTO RENTAL Rental car cost and rental car gas will be reimbursed. PARKING FEE Parking fees for hotel, airport, rail station, etc will be reimbursed. Meals including tip for traveler will be reimbursed. Meals for non-traveler included on traveler receipt will not be reimbursed. Cost of alcoholic beverages will not be TRAVEL MEALS reimbursed. Multiple travelers must get individual receipts. All receipts must be I itemized; credit card receipts without an itemized receipt will not be reimbursed. The daily total reimbursement for meals shall not exceed the OCSD per diem rate which is available upon request. Cost of miscellaneous personal items such as, but not limited to newspapers, toiletries, shoeshine, tobacco products, pay TV, movies,valet services, health club MISCELLANEOUS charges, in-room mini bars, clothing and footwear will not be reimbursed. ATM/bank fees incurred by professional while traveling will not be reimbursed. Costs for project team lunches will not be reimbursed unless pre-approved by OCSD. PCSA PROJECT NO. P2-106 Revision 111312 P2-106 PCSA ATTACHMENT "E" FEE PROPOSAL DUDEK 605 Thhd 51—t ENCINITAS,CALIFCRNIA 92024 T 7"9415147 F760,632D 164 July 31, 2013 Dudek PN 6705 Revised August 12,2013 Ms. Wendy Sevenandt Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708 Subject; Proposal for Professional Consultant Services Proposal for Boiler System Rehabilitation and Scrubbers H &1 Demolition, Project No. P2-106 Dear Ms. Sevendanda This letter responds to the Orange County Sanitation District's (OCSD) Request for Fee Proposal for Professional Consultant Services Agreement (Request for Proposal, RFP) dated July 15, 2013 for engineering support services during construction of the Boiler System Rehabilitation and Scrubbers H &I Demolition, Project No. P2-106. BACKGROUND AND APPROACH Dudek completed design of the subject project in July 2013,with Final Design Submittal (FDS) submitted July 26, 2013. The FDS scope of work Includes the following major elements: • Replacement of the feedwater system with a new packaged deaerator feedwater skid system, complete with a manufacturer-furnished control panel and retrofit of the existing feedwater pump motor controls in MCC-St,; • Replacement of the burners units for the two existing 250 BoHP steam boilers, complete with manufacturer-furnished control panels (three total) and local starter panel to bring the boiler system into compliance with 2015 AQMD emission goals; • Integration of limited status and alarm signals from the local control systems to OCSD's existing SCADA system; • Demolition of abandoned trunkline scrubbers H & I and associated ductwork and appurtenances. SCOPE OF WORK OCSD prepared a detailed scope of work for the engineering services during construction (ESDC) that generally consists of Construction and Installation Services (Phase 4) including review of submittals, requests for information (RFI), change order support, and construction-phase meetings and site visits, Commissioning Services (Phase 5), and Close-out (Phase 6). Dudek takes no exceptions to the requested scope of work PROJECT TEAM Dudek proposes to accomplish the requested scope of services with the key team members that completed the design of P2-106, including: vrww.DOOMCeM • Tom Falk, PE, engineer of record and project manager will be assigned to this ESDC contract as the Construction Phase Project Manager. • Michael Hill, PE, lead project engineer will be assigned to this ESDC contract as the lead project engineer. • Romeo Flores, PE and Ninh Nguyen, the electrical discipline engineer of record and design engineer, respectively will be assigned w this ESDC contract to support the ESDC-team with electrical and I&C submittals and RFIs. • Key mechanical engineering consultants, Keith Matoi (KMA Consulting) and Don King (DHK Engineering) will be retained to provide as-needed support during the construction phase for the mechanical system submittals and RFIs and air quality permitting. • Steve Deering, PE, Dudek Principal-In-Charge for the P2-106 project will continue in that capacity for this ESDC contract • We have also included in-house support staff,Jane Costello (civil engineer), Nikki Hunter (Sr. Designer), Kris King(CADD Drafter),and Pam Bristow(Administrative wpport)to support the ESDC team as required to accomplish the requested scope of services. SCHEDULE AND BUDGET The P2-106 Construction Documents specify a12-month contract duration. We understand that the project will be publicly bid in August and that construction is expected to commence prior to the end of 2013, with substantial completion expected prior to the end of 2014, The requested scope of services are expected to be accomplished within that timeframe. We have prepared our fee estimate in the Excel spreadsheet matrix by task, as provided in OCSD's request for proposal. Attached to this letter Is the fee summary in the requested table-format The completed Excel spreadsheet fee breakdown matrix will be provided electronically. If there are any questions or 9 additional information is required, please do not hesitate to call or email me at 760.479.4149 or tfalkOdudekcom Sincerely, I` ^ V� Tom Falk, PE Project Manager Attachments: I. Fee Estimate Table D U D E K P2-106,ESDC Proposal 2 July 31, 2013 Revised,August 12,2013 Fee Proposal Letter Form Project P2-106 -Boiler System Rehabilitation and Scrubbers H &I Demolition Consultant Services Including: DUDEK Raw Labor $ 61,556 Fringe Rate%(Raw Labor x%) 47.1% $ 28,993 Burdened Labor(Raw Labor+ Fringe Rate) $ 90,549 Overhead(%x Burden Labor) 90.55% $ 81,992 Subtotal $ 172,540 Profit(Overhead+Burdened Labor) 10% $ 17,254 Total Direct Cost,not to exceed $ 5,708 Subotel-Dudek Consulting Services,not to exceed $ 195,502 Subconsultant Services: (Section used for Subconsultant fees greater than$100,000) Not Applicable $0 (Section used for Subconsuhants under$100,000) KMA Consulting(Mechanical Engineer) $ 6,000 DHK Engineers(MechanicallAir Quality Engineer) $ 5,000 Engineering Partners, Inc. (Electrical Engineer) $ 16,000 0 $ 0 $ 0 $ 0 $ 0 $ Subtotal Subconsultant fees at hourly rates, not to exceed $ 27,000 GRAND TOTAL for Consultant Services,not to exceed: $ 222,502 Fee Proposal Letter Form Project P2-106-Boller System Rehabilitation and Scrubbers H S I Demoll0on OCSD Manual Consultant Services Including: rounding at each DUDEK calculation Raw Labor $ 61,55576 $ 61,556.00 Fringe Rate%(Raw"bar x%) 471% $ 28,992.76 $ 28,992.08 $ 28,993.00 Bunlened"bar(Raw Labor+Fringe Rate) $ 90,548.52 $ 90,549.00 Overhead(%x Burden Labor) 90.55% $ 81.991.69 $ 81,992.12 $ $1,992.00 Subtotal S 17$540.21 $ 172,541.00 Pratt(Overhead+Burdened Labor) 10% $ 17,254.02 $ 17,254.10 $ 17,254.00 Total Direct Cost,not to exceed $ 5,708.00 $ 5,708.00 Subotal-Dudek Consulting Services,not to exceed $ 194502,23 $ 195,503.00 3.05 muiWmr Subconsultant Services: (Section used for Subconsuhant fees greater than$100,000) Not Applicable $ - - (Section used for Subconsuaants under$100,000) KMA Consulting(Mechanical Engineer) $ 6,000.00 $ 6,000.00 DHK Engineers(Mechanical/Air Quality Engineer) $ 5,000.00 $ 5,W0.00 Engineering Partners,Inc.(Electrical Engineer) $ 16,000.00 $ 16,000,00 0 $ 0 $ 0 $ 0 $ 0 $ Subtotal Subconsultant sees at hourly rates,not to exceed $ 27,000.00 $ 27,000.00 GRAND TOTAL for Consultant Services,nnt to exceed: $ 222,602.23 $ 222,503.00 PROPOSAL WORKBOOK Dudek 605 Third Street Encinitas,CA 92024 Orange County Sanitation District P.O. Box 8127 Fountain Valley,CA 9272&8127 ATTN: Lisa Ropers,AauuMa Payable ¢:Wendy Sevenandt,CIP Project Manager Project P2-108-Boiler System Rehabilitation and Scrubbers H 8 I Demolition SUI/A!ARYCGW TSTAWS Previously Remaining DUDEK jSudgelAmountunt allietl This Perlotl TO Dats Bud eComIalboraOH wProfit 25Direct Cosh 708SUM'.o euftnds 000Totala02Previously Remaining % Work Poekapk MaedPtfon unt TM1N Penotl TO DataBllNtl Butl [ Com late 3350 ConaMatioMmtakeios 033r50 Snvices151355D Caxeout 038set IPA PToJoct PY-1e6-Boller System RehaEilgaBon and ScmbWm H S I DamoliBon TAEK-BY-TASK HMXCE SN RY Budget PreW E olnly Remeinlnp Taaa Re. Anewm Bllbd Tnk Period To Oet¢ Butl et %ComPlal¢ e.t P1ewIMEumon CaMamw S U SOmXW¢ 22,511 S eJ R wabO Mo MllKOtmalon 18e25 S _ /A Coads end CO S U.400 S A5 S Vw eM Wee Meeli 22M2 Cla / R a.6 ma Aw,Un ullon E - E a] Aewmmiunn E 1e913 E f a.6 OWP E 3]H2 E - 4.10 Manage 15620 aM Wad, Sandnoa Budgat P A.tsly TMe ftM TO Dab 0.emanlrp %C.*w Taaatb. n AmwM Blind Bud 5.1 NWINh &Niee - E 5.2 T E E 9 E 4061 S 5A F W WP g wnkp Ob 261 Budget Prerioefly Thls Period TODab Reme1e4p ,L COn10,a,a T+M Mo. I1mouM Billetl 8u 6.1 FUWI $ 62 RaixtlDanOnaa S 1¢132.17 S . 6.3 FYW Nvunenle6rn E 36a.]a $ BAN. E 1 R E ES E 2900.]5 3 A36 Roe Name Prin En or ""'" 4ie0eerin 5Q 73 Pro' Mar '^r* c.i Pro' En r 'AFf`,l'TH Sr En r 'znzc - 81;33 _ Deal nerICAD NIc_� r :er FE Drafter -. . Kris Admin TBD - TSD TBD i r 3 - i OVERHEAD AT% PROFIT AT% 7{e p3 8 t P 9 Pro)ect PY-106-Boller Svatem Rehablilte0on antl Scrubbers X 8 I DemollUan WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 4A-PRECONSTRUCTION CONFERENCE INVOICE DETAIL Pro En r $9.73 $ - Pm r $ W. $ Pro En r $ 48.00 S,Engr 81.33 DBEI nod $ 5288 Drafter 38.2E Atlmin $ 35.3D TBD D $ T80 $ a $ Tool WnbouNBUNanetl labor Coab D.ODIs OVERHEAD AT% D0.55% $ - PROFITAT% 10.00% $ TOTAL LABOR COST MRECT�PENSES MS PERIOD "DIREOMMUS " Or .1malvother Obecl ACWeI WA Printing B Phofo Dl.m A al WA Travel Direct A 81 WA Telephone I Direct I A ual I WA Tool mrsct Ea lase Pravleuaiy This MKotl TO Dab RemalnlnS %ComPle Billed Bud e[ LabonOH Is Prsa Dlrsot Doela romi $ sSe did s - a. Project P2-106-Boiler Spleen Rebabililatlon and Scmietler6 H&1 Demolition WORK PACKAGE 336D-CONSTRUCTION AND INSTALLATION SERVICES TASK 4.2.SUBMITTALS INVOICE DETAIL LABOR COSTS MIS PERIOD t PmE r $ W.73 797.87 r IN 3M.n $ I've 4M.T6 9 f 61.35 81132 a f SLIMS 105.51 Orefler 36M ma P4mb f W.30 70.61 TBp TBD 7t10 i f f Total WMrouNBartlsnetl Labor Cabs 181.00 19,= 8 OVERHEADAT% W.55% f 6,2B2.S0 PROFIT AT% 10.00% s 1,95558 TOTAL LABOR COST f 21,611.19 P I D S E aiFOMer Direct Actual WA Pftft Print 8 PM1ob Oned ActualI WA - Travel D ct Actual WA - e[_•� .;+': Teb Died I Actual I WA ' Tobsl Direct Ex as $ 1,O0U.00 ram PrevWPNy Thia P.dotl To Dale Remaining p Billed Bu0 et Com late La0M0/1 f 19.558 POb f 19% Direct Cab f 1008 Totall 4 1 Project P2106-Boiler Syafam Rehabilitation and Sembbers H S I Demolition WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 8.3-REQUESTS FOR INFORMATION INVOICE DETAIL I LABOR COSTS THIS PWWOD TBD 7Rin Engr 0.73 S 398.% Prj Mgr f 80M f 3,51111.77 PM EW It a8.08 f 381A81 SrE i $IXI f DesignetWD SZ98 Moan W Ad .30 TBO 35 f It f f f f f f S S TOW fMnaouaiBONsnM laborCMb 1f8.00 i T EMe % PROFIT AD AM 80.55% f 1,03.21 PROFIT ATX 10.00% i 1,89JR1 TOTAL LA60ft COST f 18A3620 T OA P or Direq AchW WA Printing &8 Pho hoto Direct ACWN WA Tre�el Direct I MVAM WA T one Direct AcaW WA - Mel Direcl Ex noes S sUMMARYTAYK STATUS LaOonOH S 14.= It Prefi[ is tA9B I f DlreclC S f TMI S 1 S r . ma Protect P2408-Boller Sniam Rehabilitation and Scrobbera H 31 Demolition WORK PACKAGE 3360-CONSTRUCTION AND INSTALLATION SERVICES TASK 4A-CONTRACT MODIFICATIONS,DESIGN CHANGES,AND CHANGE ORDERS INVOICE DETAIL 4. Prin En ' $ Gan 398.94 l Pro Mgr $ 89. 7,185.54 Pro En r $ 43.08 1932.30 Sr E g' 5 81.33 Dee ner/GAO 8 52.98 1039.12 Drafter $ 3825 T 1.92 Atlmin 36.30 393.04 TSD E $ TBD $ f TBD $ E f $ $ $ S 8 S ' Tebl ManhouNBRMemtl Labor Costs 174.00 $ 11,88.T.86 OVERHEAD AT% 90.55% a 10,570." PRORT AT% 10.007. $ 2,2W 36 TOTALLABORCOST $ 24,489.95 DIRECTEXPCNSES MIS PERIOD ORcelMall/Other i DireIX AGUal N/A P,l.fing 8 vn I Direct A Wal I N/A Travel I Direct ACW.l I WA Tale honeI Direct I Ad .l I WA Toot Direct ES ntre f ATU Labor*OH It 22,264 $ PreOt $ 2226 $ Direct Casts E S Totall$ 24,490 1$ Project P2408•Boller System Rehabilitation and Scrubbers H S I Demolition WORK PACKAGE 3350-CONSTRUCTION.AND INSTALLATION SERVICES TASK 4.5-SITE VISITS AND WEEKLY PROGRESS MEETINGS AND AS-BUILT REVIEW MEETINGS INVOICE DETAIL PERIOD E $389.18 F 48. 3844.61 81 Desl nerWIADS S Drafter $ 38 $ Aornn $ 35 S TBD $ $ t TBD $ TBD s s i a a s a a a Total ManhouraSurdenedLeberCosb 140.00 z31711 OVERHEADAT% 80.88% $ 8,381.17 PROFRATX 10.00% $ 174SA9 TOTAL LABOR COST DIRECTEXPENSES THIS PERIOD OfIWMai110lher Direct Actual NIA Nning 3 Phato Direct Acual NIA *. u. T.W I Direct Actual I NIA _ Tele hone DireIX AIXual WA TotalDirect Ex enses 2,688.00 SUMMARY TASK STATUS La10H $ 17,595 $ Direct Costs ---Totail 4 22,062 1 $ iRUMMZNM�M'htl W-11-11- 41 , 11 1 Ull., DAN, m rm vww_-7 MMMN-Urn rrrmam� Protect PL10S-Biller Svst9m R9hadNlapon imi Scrubban N 81 DBmolXlon WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 4.7-PRE-COMMISSIONING INVOICE DETAIL OSTS rRIS PERIOD I Pon En r S BBS3 S m&94 P M r S B9.B2 i 2156.66 PM Enor a 49.06 S 9814.81 Sr En r 91.33 D.,,./CAD D.,,./CAD 52,BB a DreXer a 38.25 a Mmh am MD TSD a i Tao a s i a a s s s Total Menhounlaunfemtl Lahortaatx 100.00 OVERRMDAT% 90.55% 3 S,TNAB PRONTAT% 10.00% 3 1319M TOTAL LABOR COST t0A13.05 SAL` OMcerMaWOMer pIn1Q el NIA �a.9 Nxwx +,sx�y' PtiMln Phalo Oka41 AONN NIA SS " Yt'.;"' Travel Dxao1 Amaw WA ;3;,.: ':z, TeIB ne -42 DM Adel NIA Tobl Dlrad Ex xM S 1,600,001 SUMMARYU LabOrrcOH S 12,194 Profl S 0 : DheM CONa S 1,%0 : Total 10.Bt Protect P2.106-BO9er STabm RahaWlkatlon arM Scrubbers H S I Demolition WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 4.0-OPERATION MANUAL AND PROCEDURES INVOICE DETAIL PM aw 99. S 797.87 i a.82 3 3,582.n Pro Eng, f 48.08 7889.21 Sr S $1. $ 3 5328 f WIN 105942 7 Dr $ 36 i 761.92 Abrin i 38.W 705.08 TBD i Tab IF's i i f ' f S S i TOW ManhouraBurdpptl Labor COafs I 1fOLW f 17863.20 OVERHEADAT% 90.55% IF 16,175.16 PRORTAT% 10.00% i 3AOJ.86 TOTAL LABOR COST f 37 Y3 DIRECT EXPENSES THIS PEMOD ,_:IRECT-EXPENSE _x,,., ^:CHAROEO < 8 '"AVAHTi$` Oftke/Meil/OLher Direct Actual 1 N/Ar Ptlntin 8 Photo Direct Acual WA Travel Direct Actual I WA Te rare DB Actual WA - - Total Drtact Ex ensea $ . K TA Labor*OH $ 34,038 Profit $ 3,404 Direct Costs Is Otal 37A42 Project P2-106-Boiler Syabm Rahab8lGtion antl Scrubbers H d I Demolition WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 6.9-EQUIPMENT AND INSTRUMENT DATABASE)EID) INVOICE DETAIL LABORCOSMYNISPAMOO ew 99. Prof MW 8922 1&55 5 A6 5 sraw 1 DasigrnrACAD 5 52 Drafter Admin 5 35.30 TOO TBD TBD 5 5 5 5 TOW ManhounVBurtlan9d La00r Coati 80.00 77t70 OVERHEAD AT% 90.56% 5 3,783.81 PROFIT AT% 10.OD% 5 796.25 TOTAL LABOR COST 87W 76 DIRECT EXPENSES THIS PERIOD o DIRECT E%PE S_.:. HA OE il 1,RK , TT +^- ^-,- Of(me/l taiVO1lWr Direct Actual WA in 8 Hh 0 Direct ActualI WA Travel Dlrect Acual I WA Tek rre Direct I Aduel I WA ' Tobd 5 SUMMARY TA KSTA WWI Labw�OH $ 7,963 $ 96706 PmN DlrectCwta $ Total 8,759 in yr+~ e"'ie WORK PACKAGE 3350 CONSMUCTION AND INSTALLATION SERVICES TASK 4.10-PROJECT MANAGEMENT FOR PHASE 4 INVOICE DETAIL LABOR COSTS TIES PERIOD T9,Y_ Pdn EngTiE9 F� Proi Mqr $ 89.UF� Proj E71 3 u.m..:�:F U.m _ E� ®-- F w - F� m E TWO E� TOTAL LABOR COST '®' 0 ® A�W0 =w -M E$ 13.005 .__...._. __ �..... F WORK PACKAGE 3450-COMMISSIONING SERVICES TASK 5.1-ASSIST IN START4JP SERVICES INVOICE DETAIL m $ Wn F� Proj Mgr $ 80.82 ' [� _ 35.30 mE� TBD 'F$� 0® TOTAL LABOF[COST 4 p A�.l 1 WA "n _a`�ia� Teftp� I MA F� F� E� Project P2-106-Boller System Rehabilitation and Scrobbeb H S I DMnolblun WORK PACKAGE 3450-COMMISSIONING SERVICES TASK 5.2-TRAINING INVOICE DETAIL "Buff�Tz THIS PERIOD Pdn En or $ BB.Td $ Pro Mgr $ Be 12 i Pm En r $ 49.08 $ Sr En , 8 51.33 $ Dell her/CAD $ 52 ve $ 35,30 Uretter 8 35 S Act im S .30 TBD 3 TBD $ TBD $ i 0 8 i $ 3 S $ ' S $ i i Tobl Menbou rtlanM Labor Coat 0.00 OVERKEAD AT% 90.W% $ - MR ITAT% 10.00% $ TOTAL LABOR COAT DIRECTEXPENSES TiO PERIOD 5 T x` Off. lMail/Other u. DirvG A=M WA Yiu'k P'n(n BPhato -- DImCI Actual WA Tavel UIRR Actual WA Is �, TeleOhone Dimd Acual WA MOM Total Diect Ex enaea $ SUMMARY A T U r'. . ebo tOH $ Direct Coss $ obi Projaet P2.106-Boller System Rehabllkatbn and Scmbben H 6 I DemolMon WORK PACKAGE 3460-COMMISSIONING SERVICES TASK 6.3-PROJECT MANAGEMENT FOR PHASE 6 INVOICE DETAIL f 3 Rln En 4 BB.T9 3 P rci Mar 90.82 1T60.96 r 4 40.06 i 7 Sr E 4 61.33 $ 1 D netlCAO $ 62.95 i DI 3025 i Admb i 96.90 14122 y' TBD i TBD TBD a s 3 a i i a a $ $ Tote!MBnh..M dena6 Labor Coe% xw $ 1e31.W OVERHEADAT% No% $ 1,T60.66 PROFITAT% 106e% $ 360.21 TOTAL LABOR COST $ 4,Wl.31 ��yy�� DIRECT EXPENSES THIS PERIOD OHlce/Ma1/01hOr Dyeq AabW NlA Println &Photo Watt ACbe! NIA .10 Y„v Tre.l Dluat Actual NIA Tel hang Dhecl I AMual NIA Tatar Direct E.pe.eea $ SU Y 3TAWS c LBbnOH a 692 PWO $ 96a Direct Coats Is Tolll 5 4,001 Pmlea P4-108-Baler System Rebabllintion aM SeruMxrs H d I Damoittlon WORK PACKAGE 3490-COMMISSIONING SERVICES TASK da-FINAL OWP INVOICE DETAIL f PM $ "n i 180.11 S ae.a4 i T19.a6 PM EW S 4ffi i 19)290 &EW 91.si i 81S.9t S am i DtaaM i Az i 9aZ.M AnmIO IF WX TBD i --- i s - - i s s i s i 6 i S i s Tool YutlawaelBurtlarea labor Coen MW 0VERIIEAOAT% 9055% $ 3,976A9 PROMAT% 1000% $ tle.39 TOTAL LABOR COST S 91199.69 DIRECT E%PENSES THIS PERIOD ORrWMa1110ther 0,re A l NIA POna a Plwto Dyed /Gael WA T.1 Bred AdW WA T O'weq ActualI NIA TaW Olryct S SWMARYTW!IKWATOS IAEdaOH PMR i 838 O ed Cmn i Tanl i 8 =d P2-1 W-Balky System Rehabilkalim and Scmbbem H i I DemolRion WORK PACKAGE 35W-CLOSE-OUT TASK 6.1-FINAL INSPECTION INVOICEDETAIL � T PMI $ 99.1E Fi PM MW s ESAS No E S uae Sr 7 SIM -s W.Es ": -,AM1OIn S E5.W —STOO s s s TaW MnhOun9aNallaS Lebo COW O.W OVERHEAD AT% W.S S PROFITAT% lo, % S TOTAL LABOR COST 5 - DIRECT EXPENSES THIS PE V OIfiWINeIVOiMr O'vetl AchW WA ftroy EPhgo Dial AqW WA Tm Wxl ADN WA T Oireol ArbW WA TOW Dbec i SWMARYTASKSTATUS Iabare011 S _- - PmN i OSeMCoeb s Total i -Proposed#.iutlge�` 3riCa'baree'--��s rt � `"'�1"i&rfsoD PmlWn-M-Bolb,Sya R bilfttlon awl Scmbbem H SI D..Mli I WORK PACKAGE 35M-CLOSE-OUT TASK 6.3. RECORD DRAWINGS INVOICE DETAIL LABORCOSISTHISPAMOD � III Pml i E B6.E3 G-0 3 3552E Sr f SIM E OIWr $ W0 t f .M TBD $ $ TBD E S $ :..:.._.:_. _. It - -5 E $ E i $ 3 f TWIWMouNeuNmN Labor COW - tM.Ep Is OVEWEADAT% W.55% f 6,661A1 PROMAT% tE.(q% i 195.6E TOTAL LABOR COST $ 14=17 gRECr EXPENSES THIS PEW 00 ODceRAEiIDEIer Dirt IAtlul WA pw"&Rob o Adel MIA TO DYM Am MIA T OiaOl Ac9NlI WA raw Db 106s0 sbMY T5isKMA= Iabor+OH E 12,757 Profit f t m Direct COW i !W T"l$ 11,13E Proleo P2-106-Sollx System abilfatlon and Swebbem H i I Demolition WORK PACKAGE 3550-CLOSE-OUT TASK 6.3-FINAL PROCESS CONTROL STRATEGIES,EID INVOICE DETAIL LASCR m THIS PERT PM Ew i 99.73 S _ Frei my i 89.82 i 959T8 i 48.w f Me.92 SrEW S 81.33 S SZW s Dwbr s 88.25 i AtlMn s W'W s Teo i t TBD i s MD i S i i 3 s s i S s i S s i i - row wnnomvsamanae Leborcaer ziAB s tt28.30 OVERHFADAT% W.55% i 1,021.88 M,DRTAT% 10.00% i 21ais TOTAL LABOR COST 8 ;36ATf DIRE T EX EN Ctice/MeIIIDoo Dl M"W '- Tra t 6 P5Mo Direct AtlW TMW Dveb Atluel WA T DiedI AtlW I WA pwl Tool Dilvcl MN S ~ A N 3 2,150 Pmfi s 215 Direct Coati Tabsa i 2, '. ProjaOt Pala-Bahr Sy6Lam RehaWlKaDon and ScruL61a1EnLIDFmotltlon WORK PACKAGE 3650-CLOSE-OUT TASK 6.4-LESSONS LEARNED INVOICE DETAIL �U'RJ861i Pri.E r 6 f3.T3 s PM MW $ 86.82 S 358.28 P r s a8.08 S 162Ti Sr r s 81.33 s s 3026 i Ma $ 3530 i Teo s f Teo $ i TBD s i f S S i i i S E S E E 6 TFbI WnNwrrHUNxw6la0orCMb La $ Ulm E� OVERLMADAT% WW% $ 4" PROFITAT% %M $ 1a.W TOTAL LABOR COST 1,15588 MIS PERIOD AIRECT EXPENSE's;.� TOTAL-_• O : 1aobNer _ DIMt 1ptlrW1 g Pnnfin2 e Pnon Dheq I I WA 5 - Trave WA 84 OY Tele Mre Dieq pcWY WA II , TohI DIM ma E 84.00 ' A LabOr+oH i 1 at PmN i 105 Direct COW S e/ Tool WORK PACKAGE 3550-CLOSE-OUT TASK 6.5-PROJECT MANAGEMENT INVOICE DETAIL LABOR COSTS TMISPERKM) PM MIX ma s no .0 A® dam,: . --- $ --- S -_-_-_ 3 -� V� 0WA > ,;": Orange County Sanitation District Project P2-166 - Boiler System Rehabilitation and Scrubbers H & I Demolition Subconsultants PHASE 1 -3 4 5 6 Total Cost Subconsultants KMA Consulting(Mechanical Engineer) $ 5,000 $1,000 $ 6,000 DHK Engineers(MechanicallAir Quality Engineer) $ 5,000 $ 5,000 Engineering Partners, Inc. (Electrical Engineer) $ 12,000 $1,000 $3,000 $ 16,000 $ $ E E P2-106 PCSA ATTACHMENT "K" HOURLY RATE SCHEDULE FOR MINOR SUBCONSULTANTS KM4 CONSULTING 1 OONSYLTINO M{C NANIOAL 6N CIN llXS 125 E.64v 5M1a1,Sti C Me®,01:62-Mb26 26 Eu: ma>ss2-nee gym,Mama nil RATE SCHEDULE FOR P2-106,ENGINEERING SERVICES DURING CONSTRUCTION JULY 29,2013 Principals $250.00 per hour Associates $ 175.00 per hour Engineers $150.00 per hour Designers $ 110.00 per hour DraftspersonfTechnical Typist $ 75.00 per hour RATE SCHEDULE P2-106 BOILER REHABILITATION PROJECT Mechanical Engineer $155/hr DHK ENGINEERS INC. 1851 Skyhill Place, Escondido, CA 92026 (760) 747-9553 Return to Agenda Report EPI (859)824-1761 TBE ONSULTINGEAG NEERT ,INC.CO.NSULTIA'G EACENEERS95651PAPLES STREET,SUITE IN SANUIECC, CA 92121 F.VV(858)81C-1168 FEE RATE SCHEDULE Rate Category Hourly Rate Principal $175 Project Manager $145 Staff Engineer $125 Designer $110 Drafting $ 80 Administrative $ 65 OPERATIONS COMMITTEE Meeting Dare TOBA.Of DIr. 10/02/13 10/23/13 AGENDA REPORT Item Number Item Number B Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Hardat Khublall SUBJECT: BITTER POINT FORCE MAIN REHABILITATION, PROJECT NO. 5-58 GENERAL MANAGER'S RECOMMENDATION A. Approve a budget increase of $390,000 for the Bitter Point Force Main Rehabilitation, Project No. 5-58, for a total project budget of$46,219,000; and, B. Approve an increase in contingency of $89,445 (15%), for a total contingency of $149,075 (25%), to the Professional Consultant Services Agreement with Black & Veatch to provide construction support services for the Bitter Point Force Main Rehabilitation, Project No. 5-58, to support the Santa Ana River Levee and In- Plant Repairs, Phase 2. SUMMARY This is the second phase of a two-phased project to mitigate settlement along the Santa Ana River Levees at Plant No. 2 that resulted from the installation of a micro-tunneled casing as part of the original Bitter Point Force Main Rehabilitation, Project No. 5-58. These repairs are a follow up to the Phase 1 emergency repairs project completed in 2011. Responsibility for the costs associated with repairing the affected soils is under dispute with the Contractor, and the parties are currently litigating this issue. The Orange County Sanitation District (Sanitation District) will pursue cost recovery for all incurred costs. Black & Veatch is currently assisting the Sanitation District by providing construction support services which include construction monitoring, geotechnical inspection and testing, reviewing submittals, answering Contractors Requests for Information, reviewing design changes, preparing record drawings, and closeout of the project. The work schedule has changed as a result of additional unknown site conditions as well as an environmental delay due to nesting birds in the work area. This delay has resulted in the acceleration of the construction schedule, including working on weekends to meet deadlines to complete all Santa Ana River work by October 28, 2013, before the winter rains arrive. Page 1 of 3 An increase in contingency is needed to account for the additional level of effort required by the Consultant to support the extended construction schedule, and an additional value engineering analysis requested by the Sanitation District that resulted in a reduction to the construction contract value with the Contractor. Additional staff budget in the amount of $300,555 is also required for the Sanitation District to support the extended construction schedule and the overtime work needed to finish the levee work, as well as time needed to support the litigation and dispute resolution process. PRIOR COMMITTEE/BOARD ACTIONS January 2013 — Approved a budget increase of $95,000 for a total project budget of $44,385,000, approved a Professional Consultant Services Agreement with Black & Veatch to provide construction support services for an amount not to exceed $596,301, and approved a contingency of$59,603 (10%). ADDITIONAL INFORMATION The design and construction restoration work has been implemented in a phased approach. Phase 1 was completed in 2011 under emergency authorization with Phase 2 currently underway. The construction schedule for the Phase 2 Santa Ana River Levees has been hampered by changed site conditions that could not have been contemplated in the initial design: 1. The existing west levee of the Santa Ana River was covered in a layer of concrete below the existing river surface. The Contractor was required to break and remove this concrete layer prior to performing contract work. This concrete was not shown, nor was known prior to the removal of the existing rock layer of the levee. This work was a delay to the critical path for the project. 2. A federally protected bird species was nesting along the river in the vicinity of the east Santa Ana River Levee work. No work is permitted within 500 feet of the nest and the work could not commence in this area for several months until the nest was vacated. This became a significant delay to the start of the work at the east levee. As a result of these delays, the levee work was extended by a month. Construction activities have been accelerated by working seven days a week in an extended daily schedule to meet a revised October 28f" deadline dictated by the US Army Corps of Engineers and the Orange County Flood Control District that have jurisdiction in the river. Additionally, the Sanitation District discovered an opportunity during construction to reduce restoration in non-critical areas within Plant No. 2 in order to reduce costs. The Sanitation District requested the Consultant to perform additional assessments of the proposed repairs in these areas. While this did add to the cost of the Consultant agreement, this resulted in a contract savings of nearly $300,000. Page 2 of 3 CEQA The Final Environmental Impact Report (EIR) for the Replacement of Newport Trunk Sewer and Force Mains, Project No. 5-58, was certified by the Sanitation District's Board of Directors on April 27, 2005. The Notice of Determination was filed with the State Clearinghouse on April 28, 2005. Addendum No. 1 to the Newport Sewer and Force Mains EIR, for the implementation of the Emergency Repairs to the Santa Ana River Levees, is retained in the Sanitation District's official files for internal reference. The Phase 2 restoration of the Santa Ana Levees required preparation of a California Environmental Quality Act (CEQA) document to implement the work. The restoration measures, however, do not result in any new or substantially more severe significant impacts that were not previously considered or addressed in the 2005 EIR or in Amendment No. 1. Therefore, an Initial Study/Mitigated Negative Declaration document was prepared in accordance with the conditions described in Public Resources Code Section 21166 or CEQA Guideline Section 15162 requiring preparation of a subsequent EIR or negative declaration. The Initial Study/Mitigated Negative Declaration was certified by the Sanitation District's Board of Directors on December 21, 2011. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted and the budget is insufficient for recommended action (FY2013-14 Update, Page A-7). Date of Approval Contract Amount Continaencv 01/23/13 $596,301 $59,630(10%) 10/23/13 $89.445(15% $149,075(25%) HK:dm:gc Page 3 of 3 OPERATIONS COMMITTEE Meeting Date TOBd.of Dir. 10/02/13 10/23/13 AGENDA REPORT Item Item Number 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Administration SUBJECT: PURCHASING ORDINANCE GENERAL MANAGER'S RECOMMENDATION Approve the purchasing ordinance, Ordinance No. OCSD-XX entitled "Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects'for first reading at the October 2013 Board meeting. SUMMARY The proposed Purchasing Ordinance sets forth the requirements that apply to the District's purchase of goods and services. These requirements are currently set forth in Resolution No. OCSD 07-04, and subsequent amending Resolution No. OCSD 07-13 and Resolution No. OCSD 12-17. The proposed Ordinance updates and reorganizes the requirements set forth in all three resolutions, clarifies a number of individual requirements, and makes some substantive changes. The Ordinance, for example, adds new procedures whereby an aggrieved bidder or proposer may protest the solicitation process and/or the award of a contract. Purpose. The Ordinance is designed to ensure that (1) the District complies with state law requirements governing procurement; (2) the District obtains quality goods and services at the lowest price and/or the best overall value; (3) purchasing decisions are transparent for the public; and (4) the procurement process is fair to prospective contractors while serving the interests of the District's ratepayers. The Ordinance also delegates spending authority to the Standing Committees and the General Manager within specified limits. Competitive Selection in General. Depending on the nature of the procurement, the Ordinance generally requires the District to select contractors based on either competitive bids or competitive proposals. Under a competitive bid process, the District issues a notice inviting bids. Prospective contractors then submit sealed bids, and the District awards the contract to the lowest responsive, responsible bidder. Under a competitive proposal process, the District issues a request for proposals. Prospective contractors then submit sealed proposals, and the District awards the contract to the proposal that best meets the criteria specified in the request for proposals. The winning proposal may or may not be the proposal that offered the lowest price. Page 1 of 3 Exceptions to Competitive Selection. In exceptional circumstances, the Ordinance allows the District to select contractors without any competitive process. The Ordinance allows the District, for example, to award a contract on a "sole source" basis when the goods or services in question are unique or only available from one source. The Ordinance also allows the District to award contracts without any competitive process as may be necessary to respond to an emergency. Types of Procurements. The Ordinance sets forth different requirements for four types of procurements: (1) goods and services (other than professional services); (2) professional services (other than professional design services); (3) professional design services; and (4) public works construction. The Ordinance generally requires the District to purchase goods and services, other than professional services, based on the lowest price. In contrast, however, the Ordinance generally requires the District to award professional service contracts to the most qualified firm, as long as the proposed price is fair and reasonable. Finally, pursuant to State law, the Ordinance generally requires the District to award contracts for public works construction to the lowest responsive, responsible bidder. Bid Protests. For the first time, the Ordinance requires procedures whereby a bidder or proposer may challenge the District's solicitation process and/or the proposed award of a contract. A bidder or proposer may challenge the solicitation process on the ground that a free and open competition has not taken place, or cannot take place, and/or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous. A bidder or proposer may also challenge the proposed award of a contract on the grounds that a free and open competition has not taken place. Delegation of Spending Authority. In the interest of efficiency, the Ordinance delegates specified spending authority to the Standing Committees and the General Manager. Standing Committees may approve purchases up to $200,000, including contingencies. The General Manager may approve purchases up to $100,000, and approve amendments and change orders within established contingencies. These are the same limits set forth in the current Resolution No. OCSD 07-04. General Manager Policies and Procedures. Under the proposed Ordinance, the General Manager will adopt detailed policies and procedures governing procurement in order to implement the requirements of the Ordinance. PRIOR COMMITTEE/BOARD ACTIONS December 2012 — Board of Directors adopted Resolution No. OCSD 12-17, A Resolution of the Board of Directors of the Orange County Sanitation District Amending Section 4.09 Request for Proposal Procedure of Resolution No. OCSD 07-04 to Expand the Request for Proposal Procedure to Include the Purchase of Critical, Routine, or Recurring Goods or Services and to Define Best Value. June 2007 — Board of Directors adopted Resolution No. OCSD 07-13, A Resolution of the Board of Directors of the Orange County Sanitation District Establishing Policy for the Payment of Mandatory and Statutory Fees Greater than the Limits Established in Resolution No. OCSD 07-04 and Future Updates to the Delegation of Authority. Page 2 d 3 February 2007 — Board of Directors adopted Resolution No. OCSD 07-04 Establishing Policies and Procedures for: The Award of Purchase Orders and Contracts; Public Works Project Contracts; Professional Services Contracts; And Delegation of Authority to Implement Said Policies and Procedures. ADDITIONAL INFORMATION Under Government Code Section 54202, the District must adopt policies and procedures governing the purchase of supplies and equipment. Government Code Section 4526 applies to the purchase of professional services from private architects, landscape architects, engineers, environmental professionals, land surveyors, and construction managers. Under Section 4526, the District must select the specified professionals based on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. Section 4526 allows the District to adopt by ordinance procedures ensuring that the specified services are engaged on the basis of demonstrated competence and professional qualifications at fair and reasonable prices. Under Public Contract Code Section 20783, the District must award contracts for public works construction worth more than $35,000 to the lowest responsive, responsible bidder. The Public Contract Code otherwise imposes a variety of requirements on the award of public works construction contracts. CEQA Adoption of the Ordinance is not a "project' subject to CEQA because it constitutes general policy and procedure making that will not result in any physical impact on the environment. Public Resources Code Section 15378. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACH M ENT The following attachment(s)are provided in hard copy and maybe viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package: DRAFT Ordinance No. OCSD-XX Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects. Page 3 of 3 Return to Aaenda Report ORDINANCE NO. OCSD-XX AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING REQUIREMENTS AND PROCEDURES FOR THE PURCHASE OF GOODS, SERVICES, AND PUBLIC WORKS PROJECTS OCSD-XX-1 Contents Article 1. General Provisions .......................................................................................4 Section 1.01. Purpose and Scope......................................................................4 Section1.02. Title...............................................................................................4 Section 1.03. Definitions..................................................................................... 4 Section 1.04. Rules and Guidelines. ..................................................................4 Section 1.05. Budgeted Funds........................................................................... 5 Section 1.06. The Purchasing Manager.............................................................5 Section 1.07. Exceptions to Competitive Selection ............................................ 5 Section 1.08. Evaluation Committees.................................................................6 Section 1.09. Severability............... 6 .............. Article 2. Goods and Services .....................................................................................6 Section 2.01. Purpose and Scope......................................................................6 Section 2.02. Selection Process.........................................................................7 Section 2.03. Exceptions....................................................................................7 Article 3. Professional Services...................................................................................9 Section 3.01. Purpose and Scope......................................................................9 Section 3.02. Selection Process........6A...........................................................9 Section 3.03. Exceptions.................................................................................. 10 Article 4. Professional Design Services..................................................................... 11 Section 4.01. Purpose and Scope.................................................................... 11 Section 4.02. Selection Process....................................................................... 11 Section 4.03. Exceptions.................................................................................. 15 Article 5. Public Works Projects................................................................................ 15 Section 5.01. Purpose and Scope.................................................................... 15 Section 5.02. Selection Process....................................................................... 16 Section 5.03. Exceptions.................................................................................. 19 Article6. Protests ......................................................................................................20 Section 6.01. Solicitation Protests....................................................................20 Section 6.02. Award Protests...........................................................................21 OCSD-XX-2 Return to Mende Report Section 6.03. Delay in Award ...........................................................................21 Section6.04. Remedies ...................................................................................22 Section 6.05. Public Documents ......................................................................22 Article 7. Delegation of Authority to Award Contracts................................................22 Section 7.01. Award Authorization. ..................................................................23 Section 7.02. Task Orders................................................................................24 Section 7.03. Time Extensions to Public Works Projects. ................................24 Article8. Ethics..........................................................................................................24 Section 8.01. Unlawful Consideration Prohibited. ............................................24 Section 8.02. Conflicts of Interest.....................................................................24 Article 9. Miscellaneous.............................................................................................25 Section 8.01 Noncompliance............................................................ .............25 Section 9.02. Effective Date. ............................................................................25 Section 9.03. Repeal of Resolution Nos. OCSD 07-04, OCSD 07-13 & OCSD12-17...............................................................................25 AppendixA Definitions..................................................................................................28 OCSD-XX-3 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Article 1 General Provisions Section 1.01. Purpose and Scope. A. Purpose. This Ordinance is intended to: (1) Comply with certain provisions of state law requiring the District to adopt written purchasing procedures; (2) Ensure that the District complies with state law governing the award of Contracts for Goods, Services, and Public Works Projects; (3) Establish procedures to ensure that the District obtains quality goods and competent services at the best price and/or the best value; (4) Delegate certain spending authority to District employees in the interest of efficient administration; (5) Ensure that purchasing decisions are transparent for the public; and (6) Ensure that Contracts are awarded through a process that is fair to prospective Contractors and in the best interests of the District. B. Scope. This Ordinance governs the purchase of Goods, Services and the award of Contracts for Public Works Projects. Section 1.02. Title. This Ordinance may be referred to as the District's "Purchasing Ordinance." Section 1.03. Definitions. As used throughout this Ordinance, the terms set forth in Appendix A shall have the meanings as defined therein, unless the context in which they are used clearly requires a different meaning, or a different definition is prescribed for a particular Article or provision. Section 1.04. Rules and Guidelines. The General Manager shall implement the requirements of this Ordinance through policies, rules, and guidelines governing the purchase of Goods and Services, and the award of Contracts for Public Works Projects. OCSD-XX-4 Return to Mende Report Section 1.05. Budgeted Funds No Contract for the purchase of Goods, Services, or Public Works Projects shall be awarded unless and until the General Manager identifies funds in the current budget that are allocated to the purchase. Section 1.06. The Purchasing Manager A. Duties. Consistent with the provisions of this Ordinance, the Purchasing Manager shall: (1) Procure, or supervise the procurement of, all Goods, Services, and Public Works Projects purchased by the District; and (2) Supervise and control inventories of supplies and materials. B. Requests for Procurement. When a Department desires to procure Goods and/or Services, the Department Director shall file a written Requisition, in advance, with the Purchasing Manager. The Requisition shall describe the Goods and/or Services to be acquired. Section 1.07. Exceptions to Competitive Selection Depending on the nature of the Contract and/or the circumstances, certain provisions of this Ordinance require that Contracts for Goods and/or Services be awarded based on Competitive Sealed Bids or Competitive Sealed Proposals. This Section 1.07 establishes certain general exceptions to competitive selection requirements for the procurement of Goods and Services. The exceptions set forth in this Section 1.07 do not apply to the award of Contracts for the construction of Public Works Projects. A. Sole Source Procurement. Notwithstanding any other provision of this Ordinance, a Contract for Goods and/or Services may be awarded based on Sole Source Procurement, without soliciting bids or proposals as might otherwise be required, if the General Manager or his designee determines in writing that it is in the best interest of the District to award the Contract because the Goods and/or Services are (i) of a unique nature based on their quality, durability, availability, fitness or qualifications for a particular use; or (ii) only available from one source. B. Emergency Procurement. Notwithstanding any other provision of this Ordinance, a Contract for Goods and/or Services may be awarded through Negotiated Procurement, without soliciting bids or proposals as might otherwise be required, if the General Manager or his designee determines in writing that OCSD-XX-5 the District urgently needs the Goods and/or Services in order to respond effectively to an emergency. For purposes of this Section, emergency procurements are those purchases that are required to prevent immediate interruption or cessation of necessary services or to safeguard life, property, or the public health and welfare. In addition, emergency procurements as used in this Section also include critical time sensitive purchases where time is of the essence, and the District does not have sufficient time to solicit bids or proposals. For emergency procurements greater than $100,000, the General Manager shall obtain the concurrence of the Chair of the District's Board of Directors or, if the Chair is unavailable, the Vice Chair, and such action shall be ratified by the Board of Directors at its next regular meeting. Section 1.08. Evaluation Committees A. Evaluation committees convened in connection with procurements under this Ordinance shall generally be composed of District employees. In exceptional circumstances, however, the General Manager may appoint one or more persons not employed by the District to an evaluation committee if the General Manager determines that (1) evaluating proposals in connection with a particular procurement requires specialized expertise not available among District employees; (2) the procurement will impact another agency, and that agency desires to place a representative on the evaluation committee; or (3) it is otherwise in the District's interest to do so. Section 1.09. Severability A. If any provision of this Ordinance, or any application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision of this Ordinance or application to any person or circumstance which can be given effect without the invalid provision or application. The provisions of this Ordinance are declared to be severable. Article 2. Goods and Services Section 2.01. Purpose and Scope A. Purpose. California Government Code Sections 54202 et seq. requires the District to adopt written policies and procedures, including bidding requirements, governing the purchase of Goods and Services. This Article is intended to comply with Section 54202. OCSD-XX-6 Return to Mende Report B. Scope. The provisions of this Article 2 apply to Contracts for the purchase of Goods and Services other than Contracts for Professional Services (governed by Article 3), Professional Design Services (governed by Article 4), and Contracts for Public Works Projects (governed by Article 5). Section 2.02. Selection Process A. Subject to the exceptions set forth in Section 2.03, the award of Contracts for the purchase of Goods and Services shall be shall be based on Competitive Sealed Bids. For each procurement, the Purchasing Manager shall: (1) Publish a Notice Inviting Bids that contains (a) a description of the Goods and/or Services required, (b) a description of the selection process, (c) bidder's security requirement, if applicable, (d) performance bond requirements, if applicable, and (a) such provisions, terms, and conditions, consistent with this Ordinance, that the Purchasing Manager determines are necessary, desirable, and/or advantageous to the District; (2) Open the bids publicly at the time and place designated in the Notice Inviting Bids, and record the amount of each bid; and (3) Determine whether the bids are responsive to the Notice Inviting Bids. B. After the bids are opened, one of the following actions may be taken: (1)Award the Contract to the lowest Responsive and Responsible Bidder; (2) Reject any and all bids presented and/or re-advertise the bid; or (3) Declare that the Goods and/or Services may be acquired at a lower cost by negotiation in the open market and authorize the procurement in that manner. C. If two or more Responsible Bidders submit the same lowest bid, the District may, in its discretion, accept either bid or a lower bid, if any, as may be obtained from one of the bidders through negotiation. Section 2.03. Exceptions A. Small Procurements. (1) Procurements of $5,000 or Less. Contracts subject to this Article 2 with an estimated value of $5,000 or less may be awarded without Competitive Sealed Bids if the Purchasing Manager determines that a OCSD-XX-7 Competitive Sealed Bids process would not result in a lower overall cost to the District. (2) Procurements of$50,000 or Less. Contracts subject to this Article 2 with an estimated value of $50,000 or less may be awarded by (a) soliciting at least three bids from identified vendors, and (b) awarding the Contract to the lowest Responsive and Responsible Bidder. If the Purchasing Manager cannot obtain at least three bids, the Contract may be awarded to the lowest Responsive and Responsible Bidder as long as the Purchasing Manager determines that the bid amount is fair and reasonable. (3) Piecemealing Prohibited. Procurements shall not be artificially divided into different individual Contracts so as to keep each Contract amount below one of the monetary thresholds set forth in this Part A. B. Cooperative Purchases. When another public agency or government purchasing cooperative organization has awarded a Contract for Goods and/or Services based on Competitive Sealed Bids or Competitive Sealed Proposals, and the agency or organization followed a process substantially similar to the process described in Section 2.01, the District may acquire Goods and/or Services under that Contract without obtaining Competitive Sealed Bids or Competitive Sealed Proposals. The District may enter into Contracts with other public agencies, government purchasing cooperative organizations within the United States, and/or Contractors for this purpose. C. Multi-Step Sealed Bidding. If the Purchasing Manager determines that it is impractical to initially prepare a description to support an award based on price, a process involving multi-step sealed bids may be utilized. The multi-step sealed bidding process involves (i) issuing an Invitation for Bids requesting the submission of un-priced offers; and (ii) issuing a subsequent Invitation for Bids for priced offers from those vendors whose initial un-priced offers were deemed qualified under the criteria set forth in the initial Invitation for Bids. Award under this process shall be based on the lowest Responsive and Responsible Bidder. D. Competitive Sealed Proposals. If the Purchasing Manager determines in writing that the Competitive Sealed Bids procedure is not practical and/or not advantageous for the District in a particular case, one or more Contracts subject to this Article may be awarded based on Competitive Sealed Proposals. The Competitive Sealed Proposals process may be used (i) for Goods and/or Services that prove difficult to quantify or describe, where proposers are provided the opportunity to offer different approaches or solutions; and/or (ii)for critical, routine or recurring goods or services that require consideration of the OCSD-XX-S Return to Mende Report broadest possible range of competing services, products and materials available, fitness of purpose, performance reliability, standardization, life cycle costs, delivery timetables, reliable supply, support logistics, diversification of available sources and/or other similar factors in addition to the price in the award of these contracts. Award under this process shall be based upon criteria that provide the best value for the District, wherein best value is not solely determined by price. E. Critical Time-Sensitive Procurements. The Purchasing Manager may purchase Goods and/or Services through Negotiated Procurement if the Purchasing Manager determines in writing that time is of the essence in the purchase of the Goods and/or Services. For critical time-sensitive procurements valued at more than $100,000, the General Manager shall obtain the concurrence of the Chair of the District's Board of Directors or, if the Chair is unavailable, the Vice Chair. F. Renewals. The Purchasing Manager may exercise any options to renew as may be included in existing Contracts without observing the bidding procedures prescribed in Section 2.02 or the delegation of authority requirements prescribed in Section 2.02 that might otherwise be applicable. Sole Source and Emergency Procurements. A Contract for the purchase of Goods and/or Services may be awarded without soliciting competitive bids if any of the exceptions set forth in Section 1.07 apply. Article 3. Professional Services Section 3.01. Purpose and Scope A. Purpose. This Article 3 is intended to ensure that the District retains Professional Services at fair and reasonable prices based on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. B. Scope. The provisions of this Article 3 apply to the award of Contracts for Professional Services and incidental services that members of a Professional Service firm, and those in their employ, may logically perform. The provisions of this Article 3 do not apply to the award of Contracts for Professional Design Services (governed by Article 4). Section 3.02. Selection Process OCSD-XX-9 Contracts for Professional Services shall be awarded pursuant to the following procedures: A. Reauest for Proposals. The Purchasing Manager shall prepare a Request for Proposals in consultation with the Director of the Department requesting the Procurement. The Purchasing Manager, with the concurrence of the Director of the Department requesting the Procurement, may select a limited number of Professional Service firms to receive the Request for Proposals. The Purchasing Manager may issue a Request for Qualifications to prospective Contractors as a means of identifying prospective recipients. The Purchasing Manager may publish notice of the Request for Proposals or Request for Qualifications. B. Evaluation and Ranking of Proposals. All responsive proposals shall be evaluated and ranked, from most qualified to least qualified, based on each firm's demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. The Purchasing Manager may establish a committee to conduct the evaluation. The Purchasing Manager or evaluation committee, if any, may discuss each proposal with its author to seek clarification or otherwise obtain relevant information. C. Negotiation of Contract. The Purchasing Manager shall negotiate a Contract with the firm deemed to be most qualified at a price that the Purchasing Manager, with the concurrence of the Director of the Department requesting the Procurement, deems to be fair and reasonable. If the Purchasing Manager is unable to negotiate a satisfactory Contract with the firm deemed to be most qualified, the Purchasing Manager shall terminate negotiations with that firm and negotiate with the firm deemed to be second most qualified. If those negotiations fail, the Purchasing Manager shall negotiate with the third most qualified firm, and so on, until an agreement is reached. If the Purchasing Manager determines that it is in the best interest of the District to enter into Contracts with two or more firms, the Purchasing Manager shall negotiate with the desired number of firms starting with the most qualified. The Purchasing Manager shall proceed down the list from most to least qualified until the he or she has concluded negotiations with the desired number of firms at fair and reasonable prices. D. The District may, in its sole discretion, reject all proposals. Section 3.03. Exceptions OCSD-XX-10 Return to Mende Report A. Sole Source and Emergency Procurements. A Contract for Professional Services may be awarded without soliciting Competitive Sealed Proposals if the Purchasing Manager makes one of the determinations set forth in Section 1.07. B. Contractors Reporting to the Board. The provisions of this Article 3 shall not apply to the retention of Professional Service firms or individuals that are selected by the Board and report directly to the Board. For such Contracts, the Board shall determine the method of selection, consistent with the requirements of applicable law. Article 4. Professional Design Services Section 4.01. Purpose and Scope A. Purpose. This Article 4 is intended to ensure that the District retains Professional Design Services at fair and reasonable prices based on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. B. Scope. This Article 4 applies to the selection of Contractors for Professional Design Services. Section 4.02. Selection Process A. Competitive Selection. All Contracts estimated to be greater than $100,000 shall be awarded based on Competitive Sealed Proposals. All Professional Design Services with an estimated value of $100,000 or less shall have a separate selection process based upon a master contract procedure whereby the District shall solicit Competitive Sealed Proposals and award one or more master contracts not to exceed $250,000 per year. B. Contracts Greater Than $100,000 The requirements set forth in this Section 4.02, subsection B, shall apply to the purchase of Professional Design Services estimated to cost more than One Hundred Thousand Dollars ($100,000). (1) Each Director of a Department that utilizes Professional Design Services shall file annually with the Purchasing Manager a list of specific disciplines for which Professional Design Service may be required. The Purchasing Manager may from time to time prepare and distribute a OCSD-XX-11 Request for Qualifications for each professional discipline or project design service required by the District subject to this Part B. For each Request for Qualifications issued, the Purchasing Manager shall evaluate the responses, identify qualified firms, and maintain the responses of the qualified firms on file to be used in the Request for Proposals process describedbelow. (2) Request for Proposals. The Purchasing Manager, in consultation with the Director of Engineering, shall issue a Request for Proposals for each Professional Design Service requested. (3) Content of Request for Proposals. Each Request for Proposals shall describe the Professional Design Services required and the selection process. Each Request for Proposals shall also set forth such provisions, terms, and conditions, consistent with this Ordinance, that the Purchasing Manager, in consultation with the Director of Engineering, determines are necessary, desirable, and/or advantageous to the District. Each Request for Proposals shall require that proposals contain, at a minimum, the following information: (a)The firm's qualifications for performing the proposed work. (b)The firm's relevant experience and performance on similar projects. (c) A fee proposal, based on the method of compensation specified in the Request for Proposal, and an estimate of total fees. Commonly used methods of compensation for Professional Design Service Contracts include (i) cost plus fixed fee with a maximum amount; (ii) per diem rate(s) with a maximum amount; (iii) a lump sum (fixed) fee; and (iv) cost of time and materials. (d) The firms ability to complete the work within the time allotted. (e) The personnel that will be assigned to the project. (f) The estimated number of hours that each member of the team will spend on the project. (g) A statement that the firm's engagement for the project would not create a conflict of interest. (h)Any other information required to properly evaluate the firm's qualifications and experience with similar projects. (i) Proposals for construction management services shall demonstrate that the designated personnel have expertise and experience in construction project design review and evaluation, construction OCSD-XX-12 Return to Mende Report mobilization and supervision, bid evaluation, project scheduling, cost- benefit analysis, claims review and negotiation, and general management and administration of a construction project. (4) Publication of Request for Proposals. The District shall publicize each Request for Proposals by one or more of the following methods: (a)Advertising in print or electronic media; and/or (b) Mailing the Request for Proposals to each Contractor who has submitted a Statement of Qualifications; and/or (c) Mailing the Request for Proposals to each vendor registered in the applicable category, based on the services identified in the Request for Proposals, in the District's on-line vendor database; and/or Multiple projects may be bundled into one Request for Proposals such that multiple Contract awards may result from one Request for Proposals and selection may be based upon specialized services. (5) Staff Evaluation Committee. The Purchasing Manager shall convene an evaluation committee to evaluate the proposals. (a) Management and Composition. The Purchasing Manager shall serve as chair of the evaluation committee. The Director of Engineering shall appoint the other members of the committee. (b) Ranking of Firms. All proposals shall be evaluated and ranked, from most qualified to least qualified, based on each firm's demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. (c) Interviews. At its discretion, the evaluation committee may interview one or more of the firms that have submitted proposals. (d) Report. The evaluation committee shall prepare a written report for the Purchasing Manager and the Director of Engineering setting forth, at a minimum, the ranking of firms from most qualified to least qualified. (6) Negotiations. The Purchasing Manager and the Director of Engineering shall negotiate a Contract with the firm that the evaluation committee deems to be most qualified, and otherwise follow the process set forth in Section 3.02.C. The Director of Engineering shall make a written determination that the negotiated fee is fair and reasonable. C. Contracts Less Than or Equal to $100,000. OCSD-XX-13 The requirements set forth in this Section 4.02, subsection C, shall apply to the purchase of Professional Design Services estimated to cost less than or equal to One Hundred Thousand Dollars ($100,000). (1) Reguest for Qualifications. At least once every three years, the Purchasing Manager shall prepare and distribute a Request for Qualifications for each professional discipline or project design service required by the District subject to this Part C. Each Request for Qualifications shall describe the selection criteria that will be used to determine whether firms are eligible for the prequalified list. The Request for Qualifications shall require the following information, at a minimum, from proposers: (i) The firm's demonstrated competence and specialized expertise necessary to perform the type of services needed; (ii) The education, experience, training, and skills of the key personnel that will perform and manage the work for the District; (iii) The firm's capacity and resources to deliver the services required within the specified period of time, including but not limited to a sufficient number of qualified staff, computer hardware, computer software, special equipment and facilities as applicable; and (iv) The proximity of the firm's office(s) to the District, the specific location of key personnel, and the firm's experience and familiarity with the operation of local government. (2) Evaluation Committee. The Purchasing Manager shall convene an evaluation committee to evaluate the responses to each Request for Qualifications. The Purchasing Manager shall chair the committee, and the Director of Engineering shall appoint the remaining members. Each evaluation committee shall determine whether each firm has the demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. (3) Lists. Based on the recommendations of the evaluation committee, with the concurrence of the Director of Engineering, the Purchasing Manager shall establish a list of at least five prequalified Contractors within each discipline. Each list shall be used for a maximum of three years. No later than three years after establishing a prequalified list for each discipline, the Purchasing Manager shall issue a new Request for Qualifications and establish a new list. OCSD-XX-14 Return to Mende Report (4) Master Contract. Master Contracts with firms on the prequalified list shall be awarded by the Board of Directors in an amount not to exceed $250,000 per year. The original tens of such Contracts shall be for one (1) year, with an option to extend each Contract for up to two (2) additional one (1) year renewal periods. (5) Task Orders. The Director of Engineering shall notify the Purchasing Manager when Professional Design Services subject to this Part C are required for a project. Proposals shall be solicited from at least two firms on the prequalified list and one of the firms shall be selected pursuant to the process set forth in Section 3.02. In determining which firms will be invited to submit proposals, the Purchasing Manager shall follow the selection or rotation process, if any, set forth in the Request for Qualifications, subject to the best interests of the District in any particular case. Individual Task Orders in an amount not to exceed $100,000 will be awarded for each project. Section 4.03. Exceptions A. Sole Source and Emergency Procurements. Contracts for Professional Design Services may be awarded without soliciting Competitive Sealed Proposals if the Purchasing Manager makes one of the determinations set forth in Section 1.07. B. Continuation of Services. A new contract for additional services related to work already performed under an existing Contract for Professional Design Services may be awarded without observing the bidding procedures prescribed in Section 4.02.13 or Section 4.02.C, as applicable. In connection with any suchnew contract, the Purchasing Manager shall determine in writing that (1) it is in the District's best interests to have the original firm perform additional, related services, and (2) the negotiated price is fair and reasonable. Article 5. Public Works Projects Section 5.01. Purpose and Scope A. Purpose. This Article 5 is intended to implement state statutes that govern the District's award of construction Contracts for Public Works Projects. OCSD-XX-15 B. Scope. This Article 5 applies to the District's award of Contracts for the construction of Public Works Projects exceeding thirty-five thousand dollars ($35,000) pursuant to Public Contract Code section 20783. Section 5.02. Selection Process A. Design-Bid-Build (1) Competitive Sealed Bids. For projects subject to Public Contracts Code section 20783, the District shall select firms for Public Works Projects pursuant to the process described in this Section 5.02A. (a) Notice Inviting Bids. For each prospective Contract, the Purchasing Manager shall publish a Notice Inviting Bids. (i) Manner of Publication. Each Notice Inviting Bids shall be published in a newspaper of general circulation, on industry bulletin boards, and/or on the District's website at least ten (10) days before the date for the opening of bids consistent with the requirements set forth in Public Contracts Code section 20783. (ii) Contents. Each Notice Inviting Bids shall: 1. Establish a deadline for the receipt of bids that is at least ten (10) calendar days after publication of the notice; 2. Provide that the District, in its sole discretion, may reject any and all bids; 3. Set forth a procedure that shall be followed in the event of a tie between the lowest Responsive and Responsible bidders; 4. Require bidders to post a bidder's security; 5. State that if a Contract is awarded to the bidder, a payment bond is required pursuant to Civil Code section 9550; 6. Contain detailed plans and specifications for the project. Subject to the exceptions set forth in Section 5.03.6, the specifications shall not call for a designated material, product, thing, or service by specific brand or trade name unless the District complies with the requirements under California Public Contract Code section 3400 et seq.; and OCSD-XX-16 Return to Mende Report 7. Contain whatever provisions, consistent with this Ordinance, the Purchasing Manager determines are necessary, desirable, and/or advantageous to the District. (b) Bid Opening. The Purchasing Manager shall open the bids publicly in the presence of one or more witnesses at the time and place designated in the Notice Inviting Bids. The Purchasing Manager shall record the amount of each bid together with the name of each bidder. This record, and each bid, shall be considered public records and shall be available to the public at the point in time specified in the Notice Inviting Bids and consistent with the Public Records Act. (c) Refection of Bids. The District's Board of Directors may reject all bids received for a particular project and: (1) Re-advertise for bids; or (ii) Authorize construction of the project through a Negotiated Procurement of day labor and/or materials or supplies, if the Board adopts a resolution by a four-fifths vote declaring that (i) the work can be performed more economically by day labor, and/or (ii) the materials or supplies can be obtained at a lower price in the open market. (d) No Bids. If the District does not receive any bids for a particular project, the District's Board of Directors may authorize the Purchasing Manager to conduct a Negotiated Procurement, and present his or her recommendation to the Board for approval. (e) Award to Lowest Responsive and Responsible Bidder. Unless the District rejects all bids, the Board shall award the Contract to the lowest Responsive and Responsible Bidder. If two or more Responsiblel Bidders submit the same lowest bid, the Board of Directors may, in its discretion, accept either bid or a lower bid, if any, as may be obtained from one of the lowest bidders through negotiation. If the lowest Responsive and Responsible Bidder refuses to enter into a Contract, then the lowest Responsive and Responsible Bidder shall forfeit its bidder's security, and the District's Board of Directors shall award the Contract to the next lowest Responsive and Responsible Bidder. B. Design-Build. As may be authorized by the Public Contract Code or other statute, the District may utilize a design-build selection process for the award of Public Works Contracts. OCSD-XX-17 C. Pregualification. The Purchasing Manager may limit the field of prospective bidders for Public Works Contracts by prequalifying Contractors pursuant to California Public Contract Code Section 20101 and the requirements of this Subsection C. Prequalification shall only be required when the Purchasing Manager or the Director of Engineering determines that prequalification is necessary or desirable. The Purchasing Manager may (i) prequalify a list of Contractors for the right to bid on any specific Public Works Project, and/or (ii) prequalify lists of Contractors for the right to bid on unspecified projects of a certain type or size pursuant to Public Contracts Code Section 20101(c). If the Purchasing Manager elects to prequalify lists of Contractors for the right to bid on unspecified projects of a certain type or size, he or she shall conduct a prequalification process quarterly, and all qualifications shall be valid for one year. For each prequalified list of either type, the Purchasing Manager shall evaluate and prequalify Contractors pursuant to the following procedures: (1) Questionnaires and Rating Criteria. The Purchasing Manager shall develop a questionnaire and rating criteria for each prequalification. All criteria shall be relevant and objective. The Purchasing Manager may rely on the Department of Industrial Relations model guidelines, questionnaires, and forms, and/or establish additional or modified criteria. (2) Statements of Qualifications. The Purchasing Manager shall solicit Statements of Qualifications from prospective bidders. (3) Evaluation Committee. The Purchasing Manager shall convene an evaluation committee to evaluate each Statement of Qualifications. The Purchasing Manager shall chair the committee, and the Director of Engineering shall appoint the remaining committee members. The evaluation committee shall review each Statement of Qualifications, rate the Contractors according to their qualifications and objective criteria, and determine which Contractors are qualified and which Contractors are not qualified. (4) Notice of Determination. When the evaluation committee completes its review, the Purchasing Manager shall send each Contractor written notice of the committee's determinations regarding that Contractor. If the evaluation committee determines that a Contractor is not qualified, the written notice shall also set forth the basis for that determination and any relevant supporting evidence that the evaluation committee considered. OCSD-XX-18 Return to Mende Report (5)Appeal Process. (a) Notice of Appeal. Any Contractor may appeal to the General Manager any determination of the evaluation committee, including any rating assigned to the Contractor and any decision to disqualify the Contractor, by filing a written notice of appeal within seven (7) working days after the Purchasing Manager mails the notice described in Section 5.02, subsection C (4). (b) Hearing. Within five working days of the receipt of an appeal, the General Manager, or a designee of the General Manager who has not been involved in the evaluation of qualifications of Contractors for the project, shall conduct a hearing on the appeal. During the hearing, the affected Contractor or subcontractor shall have the opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the General Manager or the General Manager's designee as to why the prospective bidder should be found qualified. (c) Decision. Within five working days of the conclusion of the hearing, the General Manager or the General Manager's designee shall issue a written decision on the appeal. The decision of the General Manager or the General Manager's designee shall be final. Section 5.03. Exceptions A. Emergencies and Calamities. (1) The provisions of this Section A apply in the event of an emergency or calamity involving a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. In the event of such an emergency or calamity, the District may, through Negotiated Procurement, award Contracts to repair or replace facilities, take any directly related and immediate action required by the emergency or calamity, and procure the necessary equipment, services, and supplies for those purposes. (2) The General Manager may take the actions described in (1), with the concurrence of the Chair of the Board of Directors and/or the Vice Chair, without obtaining prior approval of the District's Board of Directors. In taking any such action, the General Manager shall follow the procedures set forth in Public Contracts Code Section 22050. (3) In the alternative, the District's Board of Directors may, by resolution adopted by a four-fifths vote, take the actions described in Subsection OCSD-XX-19 (1). In taking any such action, the District shall follow the procedures set forth in Public Contracts Code 22050. B. Specification of Brand or Trade Name. Notwithstanding Section 5.02.A(1)(a)(ii)5, the specifications for a Public Works Contract may call for a designated material, product, thing, or service by specific brand or trade name without inserting the words "or equal" if the District complies with the requirements of the California Public Contract Code section 3400 et seq. The General Manager is authorized to make the findings required under California Public Contract Code section 3400 et seq. The Notice Inviting Bids or Request for Proposals shall state that a particular material, product, thing, or service is necessary or desirable for any of the following purposes: (1) In order that a field test or experiment may be made to determine the product's suitability for future use; (2) In order to match other products in use on a particular public improvement either completed or in the course of completion; (3) In order to obtain a necessary item that is only available from one source; (4) In order to respond to an emergency declared by the District, but only if the declaration is approved by a four-fifths vote of the governing board of the District; or (5) In order to respond to an emergency declared by the state, a state agency, or political subdivision of the state, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the District. Article 6. Protests The District shall afford Interested Parties an opportunity to protest the solicitation of bids and proposals and the award of contracts as set forth in this Article 6. The General Manager shall adopt detailed protest procedures consistent with this Article 6. The protest procedures governing any particular procurement shall be set forth in the Notice Inviting Bids or the Request for Proposals, as applicable. Section 6.01. Solicitation Protests A. Interested Parties may file a Solicitation Protest Statement with the Purchasing Manager on the grounds that a free and open competition has not taken place, or cannot take place, and/or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous. Each Notice Inviting Bids and OCSD-XX-20 Return to Agenda Report Request for Proposals shall identify the date and time that the Solicitation Protest Statement is due, the information required to be included in the Solicitation Protest Statement, the evaluation process, and the types of remedies available. B. The Purchasing Manager shall evaluate each Solicitation Protest Statement and determine what actions, if any, will be taken to remedy any deficiency. The decision of the Purchasing Manager shall be final. Section 6.02. Award Protests A. Interested Parties may file an Award Protest Statement with the Purchasing Manager on the ground that a free and open competition has not taken place in connection with the award recommendation. The Purchasing Manager shall not consider any protest based on a finding that a bid or proposal is not responsive. Each Notice Inviting Bids and Request for Proposals shall identify the date and time that the Award Protest Statement is due, the information required to be included in the Award Protest Statement, the evaluation process, the appeal process, and the types of remedies available. B. The Purchasing Manager shall evaluate each Award Protest Statement and determine what actions, if any, will be taken to remedy any deficiency. C. The Purchasing Manager's decision on an Award Protest Statement may be appealed to the Director of Finance and the Director of the Department requesting the Goods or Services. The Director of Finance and the Director of the Department requesting the Goods or Services shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager's determination. Section 6.03. Delay in Award A. Execution of any proposed contract shall be delayed pending resolution of any protests unless one or more of the following conditions is present: (1) The items or services being procured are urgently required; (2) Delivery or performance will be unduly delayed by failure to make an award promptly; or (3) Failure to make prompt award will otherwise cause undue harm to the District. OCSD-XX-21 Section 6.04. Remedies A. If the District determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, the District, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate: (1) Prior to award, the District may issue a new solicitation, make a new selection/award recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures; (2) Take no further action; or (3) Take any other action that is permitted by law to promote compliance with applicable statutes, regulations, policies and/or procedure. B. In determining the appropriate remedy, if any, the District shall consider all the circumstances surrounding the Notice Inviting Bids or Requests for Proposal and/or award, including, but not limited to: (1) The seriousness of any deficiency found to exist in the contracting process; (2) The effect of the action on the competitive process; (3)Any urgency surrounding the contract requirement; and (4) The effect that implementing the remedy will have on the District. C. Nothing contained herein shall be construed to act as a limitation on the District's choice of remedies or confer any right upon any Interested Party or affected party to a remedy. Section 6.05. Public Documents A. Solicitation Protest Statements and Award Protest Statements are public documents. The District will notify the affected parties when a protest has been submitted, and will provide copies of the Protest Statements to the affected parties upon written request. Article 7. Delegation of Authority to Award Contracts This Article 7 applies to all Contracts for Goods, Services, and Public Works Projects entered into by the District. OCSD-XX-22 Return to Mende Report Section 7.01. Award Authorization. A. Delegation by General Manager. The General Manager shall establish written procedures governing the delegation of authority to award and execute Contracts consistent with this Ordinance. Upon delegation of authority by the General Manager, each Department Head may further delegate authority to initiate a written Requisition consistent with the General Manager's written procedures. B. Original Contracts and Contingencies. The award and execution of an original Contract on behalf of the District shall be made in accordance with the following delegations of authority: Delegated Authority Authorized Action General Manager/ Authorization to approve and execute Contracts for Assistant General budgeted procurements up to $100,000. All Manager procurements over$50,000 are to be reported to the Board of Directors on a quarterly basis. Standing Committees Authorization to approve procurements over $100,000 up to $200,000, plus a contingency of up to 50%, for a total spending authority of up to $300,000. C. Amendments and Change Orders. The award and execution of Amendments and Non-Public Works Project Change Orders on behalf of the District shall be made in accordance with the following delegations of authority: Delegated Authority Authorized Action General Manager/ Authorization to approve and execute Amendments Assistant General and Change Orders as long as (1) the Amendment or Manager Change Order is recommended by the applicable Department Director, and (2)the Amendment or Change Order amount is within the approved contingency. Authorization to approve and execute Contracts for all Amendments to chemical Contracts, unless the OCSD-XX-23 Contract unit price has been changed from the original amount approved by the DistricPs Board of Directors. Unit price increases in chemical Contracts require Board of Directors approval. Section 7.02. Task Orders. The award and execution of a Task Order shall be made in accordance with the following delegation of authority: Delegated Authority Authorized Action General Manager/ Authorization to approve, upon the recommendation of Assistant General the Department Director, and execute Task Orders Manager and/or Amendments to the Task Orders provided the cumulative total of the Task Order and Amendments thereto do not exceed $100,000. Standing Committees Authorization to approve, upon the recommendation of the General Manager/Assistant General Manager, Task Orders and/or Amendments to the Task Orders provided the cumulative total of the Task Order and Amendments thereto are over$100,000, but do not exceed $200,000 Section 7.03. Time Extensions to Public Works Projects. The General Manager shall be authorized to approve and execute Change Orders for Public Works Project Contract time extensions that do not involve any increase in compensation over the project approved Contingency. Article 8. Ethics Section 8.01. Unlawful Consideration Prohibited. District Officials shall neither solicit nor receive bribes, rebates, kickbacks, and/or any other unlawful consideration from any contracting party, or any party seeking a Contract with the District, in exchange for favorable treatment or any other action. Section 8.02. Conflicts of Interest. A. Compliance with the Political Reform Act. District Officials shall not make any Contracts, participate in the making of any Contracts, or in any way attempt to OCSD-XX-24 Return to Mende Report use their official positions to influence any decision on any Contracts, in violation of Government Code Sections 87100 at seq. B. Compliance with Government Code S 1090. Without limiting the requirements of Part A above, no District Official shall make any Contract, participate in the making of any Contract, or in any way attempt to use his or her official position to influence any decision on a Contract, in violation of California Government Code Section 1090. C. Requirements Applicable to Consultants. Consultants designated by the DistricPs Conflict of Interest Code shall comply in all respects with Government Code Section 87100 et seq., and its implementing regulations. Article 9. Miscellaneous Section 8.01 Noncompliance. Any Contract entered into which fails in any respect to comply with the provisions of this Ordinance may be voided by the Board of Directors in its sole and absolute discretion. Any employee who willfully and knowingly violates any provision of this Ordinance may be subject to disciplinary action. Section 9.02. Effective Date. This Ordinance No. OCSD-XX shall take effect January 1, 2014, upon adoption by the Board of Directors. Section 9.03. Repeal of Resolution No. OCSD 07-04; OCSD 07-13 & Resolution No. OCSD 07-04, entitled "A Resolution of the Board of Directors of the Orange County Sanitation Establishing policies and procedures for: The award of purchase orders and contracts; public works project contracts; professional services contracts; and delegation of authority to implement said policies and procedures" is hereby repealed in its entirety. Resolution No. OCSD 07-13, entitled "A Resolution of the Board of Directors of the Orange County Sanitation District Establishing Policy for the payment of mandatory and statutory fees greater than the limits established in Resolution No. OCSD 07-04 and future updates to the Delegation of Authority" is hereby repealed in its entirety. OCSD-XX-25 Resolution No. OCSD 12-17, entitled "A Resolution of the Board of Directors of the Orange County Sanitation District amending Section 4.09 request for proposal procedure of Resolution No. OCSD 07-04 to expand the request for proposal procedure to include the purchase of critical, routine, or recurring goods or services and to define best value" is hereby repealed in its entirety. Section 10.01. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation within 15 days as required by law. PASSED AND ADOPTED by a majority of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held November 20, 2013. Troy Edgar Chairman of the Board of Directors Orange County Sanitation District ATTEST: ` Maria E. Ayala Clerk of the Board Orange County Sanitation District APPROVED AS TO FORM: Bradley R. Hogin, General Counsel OCSD-XX-26 Return to Mende Report STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I, MARIA E. AYALA, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-XX was passed and adopted at a regular meeting of said Board on the day of 2013, by the following vote, to wit: AYES: NOES: ABSTENTIONS: I ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2013. Maria E. Ayala Clerk of the Board Orange County Sanitation District OCSD-XX-27 Appendix A Definitions A. Amendment means a properly executed written agreement entered into and between the District and the Contractor, or issued by the District, covering modifications to the original Contract and which may result in adjustments to provisions of the Contract, including, but not limited to, terms, scope of work, compensation, and/or period of performance. B. Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the contract, which shall be submitted after receipt of bids, but before award of a contract, as specified herein. C. Best value means the overall combination of quality, price, and other elements of a proposal/bid (or combination of several proposals/bids) that, when considered together, provide the greatest overall benefit in response to the requirements described in the solicitation documents. D. Change Order means a properly executed written agreement entered into and between the District and the Contractor, or unilaterally issued by the District, covering modifications to the original Contract, and which may result in adjustments to the provisions of the Contract, including, but not limited to, terms, scope of work, cost and/or period of performance. E. Competitive Sealed Bids means a selection process whereby prospective Contractors submit sealed bids and the Contract is awarded to the lowest Responsive and Responsible Bidder. F. Competitive Sealed Proposals means a selection process whereby prospective Contractors submit sealed proposals and the Contract is awarded to the proposal that best meets the criteria specified in the Request for Proposals. G. Contingency means an amount above the original Contract price, as awarded by the delegated authority, established at the time of Contract award, as may be amended thereafter, to be used for Contract changes. H. Contract means any type of agreement for the purchase of Goods, Services, and/or Public Works Projects. Contracts may be labeled in various different ways, including, but not limited to, "contract," "agreement," "purchase order," and "task order." OCSD-XX-28 Return to Mende Report I. Contractor means any person or entity that has a Contract with the District. J. Department means one of the District's designated departments. K. Design-Bid-Build means a selection process for the award of Public Works Contracts involving three basic steps: (1)the District hires a design professional to prepare detailed plans and specifications or the District prepares detailed plans and specifications; (2) the District solicits bids from construction firms based on the detailed plans and specifications; and (3)the District awards the Contract to the lowest Responsive and Responsible Bidder. L. Design-Build means a selection process for the award of Public Works Contracts involving two basic steps: (1) the agency solicits proposals from pre-qualified firms to design and construct a project; and (2) depending on the award criteria set forth in the Request for Proposals, the agency awards the Contract to either (a) the lowest Responsive and Responsible Bidder, or(b) the proposal that presents the "best value" M. Director means a director of one of the District's designated departments, or his or her designee(s). N. Director of Engineering means the District's Director of Engineering or his or her designee(s). O. District means the Orange County Sanitation District. P. District Board or Board means the Board of Directors of the Orange County Sanitation District. O. District Official means any member of the District's Board of Directors, any District employee, and any District consultant that is designated under the District's Conflict of Interest Code. R. General Manager means the General Manager of the District, or his or her designee(s). S. Goods means fixed, movable, disposable, and/or reusable products, commodities, equipment, materials, supplies or items used by the District, and excludes land or any interest in real property. OCSD-XX-29 T. Interested Party shall mean all bidders or proposers, and prospective bidders or proposers, on a procurement. U. Mailing means transmission by United States Postal Service, electronic mail, or facsimile. V. Negotiated Procurement means a selection process whereby the Purchasing Manager identifies one or more prospective Contractors of his or her choice, negotiates with one or more of them, and awards the Contract to one of them based on the best interest of the District. W. Notice Inviting Bids/Invitation for Bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids. X. Procurement means buying, purchasing, renting, leasing, or otherwise acquiring any goods, services, construction, construction services, or professional services. It also includes all functions that pertain to the obtaining of any goods, services, or construction, including description of requirements, election and solicitation of sources, preparation and award of contract, and all phases of contract administration. Y. Professional Services means (i) services provided by professionals that involve specialized judgment, skill, and expertise, and (ii) incidental services that professionals, and those in their employ, may logically or justifiably perform. Professional Services include, but are not limited to, services provided by engineering, architectural, environmental, land surveying, construction management, accounting, financial, information technology, human resources consultation and advocacy, legislative advocacy, and scientific research/consulting firms. Z. Professional Design Services means engineering, architectural, environmental, land surveying, construction management, and similar Professional Services retained by the District in connection with, but not limited to, construction, alteration, and/or repair projects. AA. Public Works/Public Works Project means a project involving the construction, erection, or alteration of any type of structure, building, or improvement other than sewerage maintenance or repair projects. BB. Purchasing Manager means the Districfs Contracts, Purchasing and Materials Management Manager, or his or her designee(s). OCSD-XX-30 Return to Mende Report CC. Request for Proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. DD. Request for Qualifications means a request for detailed information concerning the qualifications of prospective Contractors. EE. Requisition means an approved written document making a request for Goods and Services FF. Responsible Bidder means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the requested services or project. GG. Responsive Bidder/ Proposer means a bidder/proposer who has submitted a bid/proposal which conforms in all material respects to the Notice Inviting Bids/Invitation for Bids/Request for Proposals. HH. Services means the furnishing of labor, time, or effort by a Contractor. Services include both general services (janitorial, landscape, repair, maintenance, etc.) and professional services, unless otherwise specified. ll. Sealed (Bids or Proposals) means the submittal of bids or proposals, either in paper or electronic format, whereby the bid or proposal documents are opened at a specific time and not before. JJ. Sole Source Procurement means the acquisition of Goods and/or Services from a single source. KK. Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the bid due date as specified herein. LL. Standing Committee means one of the permanent committees designated by the Board of Directors as "Standing Committees." MM. Task Orders means a written document pursuant to a Contract issued by the Purchasing Manager which provides for the issuance of orders, containing a defined budget, scope of services, and schedule, and authorizes a Contractor to incur a specified amount for the performance of tasks. OCSD-XX-31 OPERATIONS COMMITTEE Meebng Date To ad.of Di, 10,02,13 -- AGENDA REPORT Item Number Item Number 0 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services SUBJECT: WASTE DISCHARGE REQUIREMENT (WDR) ORDER FOR SEWERS - INTERNAL AUDIT REPORT AND AMENDED ORDER UPDATE GENERAL MANAGER'S RECOMMENDATION Information only. SUMMARY WDR Audit On May 2, 2006, the State Water Resources Control Board (SWRCB) issued Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. The Order required all public agencies owning more than one mile of sanitary sewer to apply for coverage under the general WDR no later than November 2, 2006 and to develop and implement a Sewer System Management Plan (SSMP). OCSD complied with the Order by creating an SSMP. The State of California requires internal audits of the SSMP be conducted every two years. The most recent audit was completed in April 2013. The purpose of the audit was to identify deficiencies in our SSMP and recommend improvements. The audit is also performed to evaluate the effectiveness of our SSMP. Results of the staff driven and consultant supported internal audit identified 10 strengths and accomplishments, and 21 areas of improvement. The suggested improvements focus on further clarification of roles and responsibilities and business procedures. OCSD's internal Team of WDR/SSMP stakeholders are now working on a staff-driven effort to implement any revisions that OCSD deems a requirement. The Team meets quarterly to discuss updates on regulations, compliance, and improvements to the SSMP resulting in an integrated approach to managing our assets and improving compliance. Amended Order Over the last couple years, the State of California has been reviewing and updating the requirements for operating sanitary sewer systems. Page 1 of 3 In July 2013, the Water Resources Control Board issued Executive Order No. WQ 2013-0058-EXEC. This Executive Order amends and updates the Monitoring and Reporting Program associated with the WDR effective on September 9, 2013. The changes include updates to category definitions and modified reporting procedures. OCSD has modified internal procedures to comply with the amended order. The modified reporting procedures generally include: 1. Specific changes to when notifications of sewer spills be made and to which agency, 2. Re-defining sewer spill categories and creating a new category, 3. Added a technical report submittal for large sewer spills, 4. Water quality monitoring for large sewer spills, 5. Submittal of the SSMP to the State or listing of web address where posted, 6. Enhanced record keeping requirements, and 7. Time limit for amending and certifying sewer spill reports. PRIOR COMMITTEE/BOARD ACTIONS March 2012 - The Board of Directors approved the Sewer System Management Plan dated March 28, 2012. May 2009 - The Board of Directors approved the Sewer System Management Plan dated May 1, 2009. October 2008 - The Board of Directors received and filed the SSMP Compliance Status Report dated September 24, 2008. July 2007 - The Board of Directors approved the SSMP Development Plan and Schedule. October 2006 - The Board of Directors approved the development and implementation of a compliance program with the Sanitary Sewer System WDR Order. ADDITIONAL INFORMATION The purpose of the Sewer System Management Plan is to help ensure OCSD's collections system provides consistently reliable services and protects our surface waters by minimizing sanitary sewer overflows. In the event of an overflow, the SSMP contains detailed response, containment, and reporting procedures. Over the audit review period of calendar years 2011 and 2012, OCSD had a Sanitary Sewer Overflow (SSO) rate of 1.2 SSOs per 100 miles of sewer. The average for the region is approximately 2.1 SSOs per 100 miles per year. This statistic demonstrates that OCSD is actively/properly managing our sewer systems. Page 2 of 3 OCSD's approach to compliance and all documents are shared with our member cities and agencies to assist them with their SSMPs. We have been working collaboratively since 2002. Prior to the May 2, 2006, OCSD operated under a regional order for waste discharge requirements. It was Order No. R8-2002-0014, which was a local requirement implemented as a test. The new Order No. 2006-0003-DWQ is a State-wide Order. As the state proposes changes, we will review and update our SSMP for Board approval as needed. No other states in the nation have a state-wide Order similar to California, as yet. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.corn with the complete agenda package and attachments: • Final 2011-2012 WDR Audit Report Page 3 of 3 Return to Mends Report Final WDR Audit Report RMC Waterand Environment Orange County Sanitation District WDR Audit Subject: 2011.2012 WDR Audit Report Prepared For: Michele Farmer, OCSD Dindo Carrillo, OCSD Prepared by: Michael Flores, RMC Paul Giguere, RMC Date: April 25,2013 1 Purpose The purpose of this document is to report the results of the Waste Discharge Requirements (WDR) Audit conducted for the Orange County Sanitation District (OCSD/District) covering Calendar Years (CY) 2011 and CY 2012. This report was prepared pursuant to the requirements included in the State Water Resources Control Board Order No. 2006-0003 — Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR). The audit requirements are: As part of the Sewer System Management Plan (SSMP), the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee's compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them." This audit serves as the District's 2013 SSMP audit. The District is in compliance with the SSMP Program Audit element and has effectively utilized the SSMP audit process to improve both the SSMP and implementation of the SSMP. 2 Background The District is a regional sewer agency formed to address the need for sewage collection, treatment, and disposal for 23 cities in Orange County. The District is responsible for operation and maintenance of a sanitary sewer system that includes 366.5 miles of regional interceptor and trunk sewers; 196.5 miles of smaller gravity sewer mains serving the City of Tustin and other unincorporated areas of Orange County; and 15 outlying lift/pump stations. The District is in the process of reviewing ownership of regional sewers and in cases where regional sewer convey Flows from only one agency, the District has initiated a process to transfer ownership of these sewers back to the appropriate satellite agency. The District is not responsible for maintenance of sewer laterals. The District recently updated its SSMP and the District Board adopted the updated version of the SSMP on March 28, 2012. 3 SSMP Audit This audit reviews the period between January 1, 2011 and December 31, 2012 and is the second WDR Audit performed to meet WDR requirements for completion of an audit a minimum of once every two years. The previous audit was completed on October 17, 2010, ahead of the May 2, 2011 deadline. This audit assesses the current state of WDR compliance with the April 2013 1 Return to Aaenda Rom Orange County Sanitation District WDR Audit WDR Audit Findings FINAL provisions included in the WDR including Provision D.13, identifies any deficiencies found in the SSMP, and recommends corrective actions. In addition, the audit provides an evaluation of SSMP effectiveness. The District intends to use the audit results to maintain SSMP compliance and performance in reducing sewer overflows. RMC Water and Environment conducted the audit on behalf of the District through a series of meetings with District staff involved with implementation of activities required by provisions included in Provision D.13 of the WDR. The RMC Audit Team members and District staff supporting the audit interviews and audit process are identified in Table 3-1 and Table 3-2 organized in alphabetical order by first name. Table 3-1: RMC Audit Team Members Team Member 1 Role Michael Flores I Lead Auditor Paul Gi uere I Technical Expert, SECAP Table 3.2: OCSD Audit Team Members Name SSMP Role Alex Rampley Information and Data Management Becky Brooks Standard Operating Procedures Data Management Brian Keating Maintenance Specialist Carla Dillon Engineering Supervisor, Facilities Engineering and Repair Services; Responsible for Monitoring, Measurement, and Program Modifications Dave Philips Design and Performance Provisions - Mechanical Dickie Fernandez Engineering Support and Contract Management Dindo Carrillo Senior Environmental Specialist; Responsible for SSO Reporting Doug Rulison Senior IT Analyst; Responsible for Collection System Mapping Ingrid Hellebrand Responsible for Communications Program James Cabral Maintenance Supervisor, Collection Facilities O&M Jeff Shubik Design and Performance Provisions - Electrical Jim Burror Engineering Supervisor; Responsible for System Evaluation and Capacity Assurance Program John Gonzalez Maintenance Supervisor, Collection Facilities O&M; Legally Responsible Official Larry Jones Information and Data Management Mark Esquer Manager, Collection Facilities and Support Services; Authorized Representative Merrill Seiler Principal Environmental Specialist; Responsible for FOG Program Michele Farmer Principal Environmental Specialist; Responsible for SSMP Audits Mike Bolster Lead Mechanic— Pump Stations Mike Dorman Supervisor—Construction Design Mike McCusker Crew Leader, Cleaning Contractor Mike White Capital Improvement Funding Nick Arhontes Director, Facilities Support Services; Legally Responsible Official Nick Kanetis Director, Engineering Rob Thom son PlanningManager Santia o Escobar Supervisor, Reliability Terry Krie I Supervisor—Construction Inspection April 2013 2 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Name SSMP Role Terry Matthews Information and Data Management Tod Haynes Engineering and Construction Manager; Responsible for Design and Performance Provisions Victoria Raymond Control Center Staff Wes Bauer Safety SSMP audit interviews were performed over a two-week period starting on March 13, 2013 and concluding on April 1, 2013. The order of the audit interviews, WDR provision audited, and District staff interviewed is documented in Table 3-3: Table 33: SSMP Audit Interviewees Date WDR Topics Interviewees Provision Section 3/13/13 D.13 (1), Goal, Nick Arhontes D.13 (ii) Organization, D.13 (iii) Legal Authority, D.13 (ix) Monitoring, Measurement, and Program Modifications 3/13/13 D.13 (vii) FOG Control Program Merrill Seiler Mike Zedek 3/13/13 1 D.13 xi Communication Ingrid Hellebrand 3/13/13 D.13 (1), Goal, Mark Esquer D.13 (ii) Organization, Carla Dillon D.13 (iii) Legal Authority, Merrill Seiler D.13 (ix) Monitoring, Measurement, and Jim Burror Program Modifications Nick Kanetis 3/13/13 D.13 (viii) System Evaluation and Capacity Jim Burror Assurance Program 3/18/13 D.13 (iv) Operations and Maintenance Doug Rulison Program—Mapping, Preventive John Gonzalez Maintenance, and Training James Cabral 3/18/13 D.13 (iv) Operations and Maintenance Mark Esquer Program— Pump Station Field John Gonzlaez Visit James Cabral Mike Bolster 3/19/13 D.13 (vi) Overflow Emergency Response Victoria Raymond Plan— Dispatch 3/19/13 D.13 (iv) Operations and Maintenance Dickie Fernandez Program—Contractor Cleaning Brian Keating Crew Management 3/19/13 D.13 (iv) Operations and Maintenance Mike McCusker Program—Contractor Cleaning Crew Field Visit 3/19/13 D.13 (iv) Operations and Maintenance Alex Rampley Program— Information Terry Matthews Management and Data Larry Jones Management I Dickie Fernandez April 2013 3 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Date WDR Topics Interviewees Provision Section 3/19/13 D.13 (ix) Monitoring, Measurement, and Carla Dillon D.13 (x) Program Modifications Michele Farmer SSMP Program Audits 3/19/13 D.13 (v) Design and Performance Tod Haynes Provisions Jeff Shubik Dave Philips Mike Dorman Terry Kris 3/19/13 D.13 (iv) Operations and Maintenance Becky Brooks Program—Standard Procedures 3/25/13 D.13 (iv) Overflow Emergency Response John Gonzalez D.13 (vi) Plan James Cabral Operations and Maintenance Mark Esquer Program 3/25/13 D.13 (iv) Operations and Maintenance John Gonzalez Program—Cleaning Crew Field Mark Esquer Visit Peter Cheffs 4/1/13 D.13 (iv) Operations and Maintenance Santiago Escobar Program— Pump Station Reliability 4/1/13 D.13 (iv) Operations and Maintenance Mark Esquer Program—Management 4/1/13 D.13 (iv) Operations and Maintenance Rob Thompson Program— Rehabilitation and Jim Burror Replacement Plan and Capital Mike White Improvement Program Funding April 2013 4 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL 4 Evaluation of SSMP Effectiveness Overall, based on analysis of the sanitary sewer overflow(SSO) trends over the past two years and the results of the SSMP audit, the overall program for managing the sewer system has been effective and is operating at a high level of performance. The District has maintained a SSO rate averaging less than 1.19 SSOs per 100 miles of sewer pipelines per year consistently over the past two years as indicated by the 12-month rolling average SSO rate over that period. The 12-month rolling average SSO rate is a good metric for tracking changes in SSO trends on a monthly basis. Over the last five years, the District has consistently operated below 1.39 SSOs per 100 miles per year, which is well below the Region 8 average SSO rate of approximately 2.1 SSOs per 100 miles per year as shown in Figure 4-1. 4.1 Sewer Overflow Performance The primary measure of the effectiveness of the SSMP is sewer overflow performance. This section reviews the District's recent sewer overflow performance through analysis of the sewer overflow data reported to the State Water Resource Control Board (SWRCB) California Integrated Water Quality System (CIWQS)SSO database. 4.1.1 Sanitary Sewer Overflow Rate Over the past two years the District has experienced relatively few sanitary sewer overflows with an average SSO rate of well below 1.39 SSOs per 100 miles of sewer pipelines per year from Calendar Year 2008 through Calendar Year 2012. The District operates within the Regional Water Quality Control Board's Santa Ana Region, otherwise known as Region 8. This SSO rate is well below the average SSO rate of the other sixty-five (65) Region 8 agencies that do not have sewer lateral responsibility. Figure 4-1 shows the 12-month rolling average of SSOs per 100 miles of pipelines per year from January 2008 through December 2012. April 2013 5 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Figure 4.1: 12-Month Rolling Average of SSOs per 100 Mlles of Sewer Pipelines per Year 4.50 4.00 m 3.50 Y i 3.00 2.50 p 2.00 y 1.50 N 1.00 0.50 0.00 2 4 4 o AS` t' o — v `w t i •^• Z f " — 'V o f T v E `m E d E q T v E `m aEi E q T a E Month-Year �OCSD System Overall �OCSD Regional System — OCSD Local System — Region 8 Average(Excluding OCSD) One observation to note is the SSO performance of the local sewer system versus the regional sewer system. The local sewer system is defined as the sewer systems serving the City of Tustin and unincorporated areas of Orange County. The regional sewer system includes the trunk pipelines, interceptors, and pump stations conveying flows from tributary sewer systems to the treatment plant. Over the past two years, the District has significantly reduced the SSO rate in the local sewer system from a SSO rate operating between 2 to 4 SSOs per 100 miles, between CY 2008 and CY 2010, to a SSO rate operating between 1 to 2 SSOs per 100 miles in CY 2011 and CY 2012. This is a significant improvement in SSO performance in the local sewer system over the past two years. This improvement in SSO performance in the local sewer system was accomplished through a combination of an aggressive 12-month cleaning cycle, focused 3-month and 6-month hotspot cleaning, and CCTV inspection in the local sewer system for condition assessment and quality control of contractor cleaning activities. During that same period, the regional sewer system has experienced a slight increase in SSO rate from zero to 0.5 SSOs per 100 miles per year, between January 2008 and September 2011, to operating between 0.5 to 1 SSO per 100 miles per year between October 2011 to December 2012. Several of the SSOs leading to this increase were construction-related and the remainder were pump station-related. 4.1.2 Number and Size of Sewer Overflows During the period between January 1, 2011 and December 31, 2012, the District experienced 10 SSOs with 5 SSOs occurring in local sewer gravity mainlines and 3 SSOs associated with April 2013 6 Return to Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL pressure pipelines or pump stations, and 2 SSOs related to construction activities on the sewer system. All 10 SSOs occurred during dry weather conditions. Over the past five years, the District has experienced 27 SSOs. Over the past five years, the average SSO volume for SSOs in the local sewers has averaged at less than 500 gallons per SSO. In the last two years, this average has decreased to approximately 200 gallons per SSO. SSO volume from the regional system varies widely from year to year and has averaged approximately 1,400 gallons per SSO over the last five years. The outcome of the decrease in the number and volume of SSOs in the local system and slight increase in the number and volume of SSOs in the regional system can be seen in Figure 4-2. Figure 4-2: Number of SSOs and SSO Volume for Local and Regional Systems by Calendar Year 7 6 O 5 ,S q — 3 E 3 a2 — 1 0 2008 2009 2010 2011 2012 Calendar Year ■Local ■Regional 8000 7000 e 6000 0 5000 E a0a0 3000 H 2O00 h 1000 0 2008 2009 2010 2011 2012 Calendar Year ■Local ■Regional In the past five years, 20 out of 27 SSOs (74 percent) had volumes of less than 1,000 gallons. Of the seven (7) SSOs larger than 1,000 gallons, four(4)occurred prior to 2011 and three (3) in 2012. OCSD did not experience any SSO greater than 1,000 gallons in CY 2011. Table 4-1 April 2013 7 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL shows the number and size of all SSOS occurring in the OCSD sewer system between CY 2008 through CY 2011. Table 4-1: Number and Size of All OCSD SSOs from CY 2008 through CY 2011 Size of SSO(gallons) CY 2008 CY 2009 CY 2010 CY2011 CY2012 TOTAL Greater than 10,000 0 0 0 0 0 0 From 1,000 to 9,999 1 1 2 0 3 7 From 100 to 999 1 2 1 2 0 6 From 10 to 99 4 2 2 2 2 12 From 1 to 9 0 1 0 0 1 2 Total 6 6 5 4 6 27 4.1.3 Causes of SSOs SSOs caused by roots (12), grease (4), and debris (3) accounted for approximately 70 percent of SSOs occurring from the District's sewer system between January 1, 2008 and December 31, 2012 as shown in Table 4-2. During the same time period, these same SSO causes contributed to 63 percent of all SSOs occurring in other Region 8 agencies that are not responsible for sewer laterals. Of the remaining eight (8) SSOs, three (3)were caused by pump station-related issues, four(4)were caused by construction-related issues, and one (1) had a cause that was not determined. Table 4-2: Causes of OCSD SSOs(1111200 8—1 2131/201 2) Cause of SSO Number Number Total Percent of Total of SSO of SSOs Number In Local in of ssos System Regional System Blockage: Roots 12 0 12 44.4 Grease 4 0 4 14.8 Debris 3 0 3 11.1 Subtotal for Blockage 19 0 19 70.4 Pump Station-Related 0 3 3 11.1 Construction-Related 0 4 4 14.8 Cause Unknown 1 0 1 3.7 TOTAL(ALL) 27 100% April 2013 8 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL 4.2 Review of Effectiveness of SSMP and Audit Narrative The following sections focus on evaluating the effectiveness of each chapter of the SSMP and provide a narrative of the audit findings. 4.2.1 Chapter 1 — Prohibitions and Provisions WDR Requirement: The WDR does not require this section to be part of the SSMP. Audit Finding: This chapter explicitly documents the all of the prohibitions and provisions included in the WDR and provides a means for the District Board to acknowledge and approve all provisions and prohibitions included in the WDR, not just Provision D.13 that requires the development and implementation of the SSMP. 4.2.2 Chapter 2 - Goal WDR Requirement: The goal of the Sewer System Management Plan (SSMP) is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. Audit Finding: As stated in the OCSD SSMP, the goal of the SSMP is to provide a plan and schedule for measures to be implemented to prevent SSOs. Overall, the programs, plans, systems, and practices the District employs to manage, operate, and maintain the sewer system resulted in an SSO rate of less than 1.19 SSOs per 100 miles of pipelines per year over the last two years. This is well below the Region 8 average SSO rate indicating the District has been effective with achieving this goal. The District is in compliance with the Goal element requirement of WDR Provision D.13. 4.2.3 Chapter 3 — Organization WDR Requirement: The Sewer System Management Plan (SSMP) must identify., a. The name of the responsible or authorized representative as described in Section J of this Order. b. The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and C. The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)). Audit Finding: The District is in compliance with the Organization element requirement of WDR Provision D.13. The District has assigned roles and responsibilities for development and implementation of the SSMP and staff have been effective at implementing key elements of the SSMP and addressing deficiencies identified during the previous audit. The audit did discover minor issues relating to discrepancies between the updated SSMP documentation and the actual SSMP organization currently in place. Audit findings for this chapter are discussed below. Chapter 2 identifies the title of the authorized representative as the manager of the OCSD Collection Facilities O&M Division. The SSMP includes an organization chart in Appendix C identifying this person as Mark Esquer. Mark Esquer is also identified in the State Water Resources Control Board's California Integrated Water Quality System (CIWQS) SSO Database as a Legally Responsible Official. In addition to Mark Esquer, four additional OCSD staff April 2013 9 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL members are also identified as Legally Responsible Officials in the CIWQS SSO Database including: • James Ruth—General Manager • Nick Arhontes— Director, Facilities Support Services • John Gonzalez— Maintenance Supervisor, Collection Facilities O&M • William Cassidy— Engineering Supervisor, Source Inspection James Ruth recently retired as OCSD's General Manager and James Herberg is now the District's General Manager. The District should update the CIWQS SSO Database to reflect this change in Legally Responsible Official. William Cassidy is now responsible for Source Inspection and does not appear to have a direct role related to the development or implementation of the SSMP. The District may want to consider modifying his role in the CIWQS SSO Database since he is not technically operating in a role where he has authority over the development or implementation of the SSMP. If he does continue to have a role in the implementation of the SSMP (e.g., back-up Legally Responsible Official), then the District may want to consider updating the SSMP Organization Chart to reflect this new role. It would make sense to update the SSMP Organization Chart to identify all OCSD staff members registered in the CIWQS Database as Legally Responsible Officials and to note this in the Organization section of the SSMP. Appendix C of the SSMP downloaded from the OCSD website (dated 12119111) should be updated to reflect the roles and responsibilities recently assigned to John Gonzalez, James Cabral, and Dickie Fernandez. John Gonzalez and James Cabral are each Maintenance Supervisors directly responsible for implementing elements of the Operations and Maintenance Program and Overflow Emergency Response Plan. Dickie Fernandez is responsible for managing several contracts related to the Operations and Maintenance Program of the sewer system. Appendix P of the SSMP contains a SSO Response Flow Chart and SSO Notification Procedures clearly documenting the chain of communication and notifications. 4.2.4 Chapter 4— Legal Authority WDR Requirement: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: a. Prevent illicit discharges into its sanitary sewer system (examples may include 1/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); b. Require that sewers and connections be properly designed and constructed; C. Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; d. Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and e. Enforce any violation of its sewer ordinances. Audit Finding: The District is in compliance with the Legal Authority requirement of the WDR Provision D.13. The District has ordinances and design guidelines providing the District with the authority to prevent illicit discharges, require sewers be properly designed, limit discharge of fats, oils, and grease, and enforce violations of sewer ordinances. Table 4-3 identifies linkages April 2013 10 Return to Aaenda Rom Orange County Sanitation District WDR Audit WDR Audit Findings FINAL to the District Ordinances and Engineering Design Guidelines for each of the legal authority requirements. Section 4.1 (c) of the SSMP discusses access for maintenance, inspection, or repairs for portions of the lateral owned by OCSD. This section misses an opportunity to clearly state that the District does not own and is not responsible for maintenance of the laterals connecting private buildings to local sewers and therefore does not require access for maintenance, inspection, or repairs of those laterals. OCSD claims responsibility for maintaining and repairing the first four feet of local satellite agency pipelines connecting to OCSD sewers. In most cases, a satellite agency's pipeline connects to the District's sewer system at an OCSD structure providing the District with access to the portion of local agency sewer OCSD is responsible for maintaining and repairing. April 2013 11 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Table 4.3: Summary of OCSD Legal Authorities Requirement District Engineering Meets Ordinances Design Guidelines WDR or Connection Require- Permit ments? GENERAL Prevent illicit discharges into the OCSD-39, 201 Yes wastewater collection system Limit the discharge of fats, oils, and grease OCSD-25, 2.2 Yes and other debris that may cause blockages Require that sewers and connection be Chapter 12.2 & 12.3 Yes properly designed and constructed Require proper installation, testing, and Chapter 12.4 Yes inspection of new and rehabilitated sewers Project specs for rehabilitated sewers LATERALS Clearly define District responsibility and District Sewer Connection Yes policies references Application and California Civil Permit for Code 831. Construction Ensure access for maintenance, Not applicable. District does not own, operate, or inspection, or repairs for portions of the maintain any portion of service laterals connecting service lateral owned or maintained by the private buildings to local sewers. District Control infiltration and inflow (1/1) from OCSD-39, 203 Yes private service laterals FOG SOURCE CONTROL Installation of grease removal device OCSD-25, 2.5 Yes GRE Design standards for GRE OCSD-25, 4.2- Yes 4.3 Maintenance and BMP requirements OCSD-25, 2.4 Yes &3.3 &4.5-4.6 Record keeping and reporting OCSD-25, 3.3 Yes &5.1 Authority to inspect grease producing OCSD-25, 5.2- Yes facilities 5.3 ENFORCEMENT Enforce any violations of sewer ordinances OCSD-25, Sewer Connection Yes Article 6 Application Permit for Construction April 2013 12 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL 4.2.5 Chapter 5 — Operation and Maintenance Program WDR Requirement: The Sewer System Management Plan (SSMP) must include those elements listed below that are appropriate and applicable to the Enrollee's system: a. Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stomtwater conveyance facilities; b. Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM)program should have a system to document scheduled and conducted activities, such as work orders; C. Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; d. Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained;and e. Provide equipment and replacement part inventories, including identification of critical replacement parts. Audit Finding: The District is in compliance with the Operation and Maintenance Program element of WDR Provision D.13. The primary measure of the effectiveness of the operation and maintenance program is SSO performance improvements over time. The District has sustained an SSO rate in the sewer system of less than 1.39 SSOs per 100 miles of sewer pipelines per year over the last five years, placing OCSD in the category of high-performing sewer systems. The Operation and Maintenance Program is a key contributor to the high level of SSO performance achieved in the last five years through: • An aggressive sewer cleaning program in the local sewer system focusing on pipelines with historical maintenance issues and cleaning of all pipes less than or equal to 39 inches in diameter at least once per year; • A five-year cleaning cycle for all regional sewers, less than or equal to 42-inch diameter, and more frequent cleaning of known problem regional sewer pipe segments. Trouble spots and siphons are cleaned every 4 weeks to 3 months based on historical cleaning needs, which may include pipe segments larger than 42-inch diameter. • CCTV inspection of all pipes with sewer overflows, blockages, or severe maintenance issues to determine an appropriate maintenance strategy and identify repair or rehabilitation needs. • Systematic CCTV inspection of the sewer system on an 7-year cycle beginning with the problematic and older portions of the system. This systematic approach enables OCSD April 2013 13 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL to identify structural deficiencies in the early stages of deterioration and to monitor these deficiencies and determine appropriate corrective actions. • A well developed collection system asset management program documenting assumed life expectancies for collection system assets and projecting future refurbishment and replacement funding to maintain level of service goals. Based on this effort, the District has the funding in place to perform the repair, rehabilitation, and replacement as necessary to address system condition-related deficiencies. • Well-trained collection system employees with all employees above the Maintenance Worker classification maintaining CWEA Collection System Maintenance certifications at or above levels required for their position. • Accurate and up-to-date mapping of the sewer system to support SSO response and preventive maintenance activities. District response crews also have access to stormwater drainage system mapping to support sewer overflow response and recovery. • A pump station maintenance and inspection program with a well-defined maintenance schedule, documented standard operating procedures, checklists, and daily SCADA data review. Areas the District is still working on to improve the effectiveness of the Operations and Maintenance Program include: • Finding the right balance in the level of maintenance required in the local sewer system. In the last five years, 20 of 27 SSOs (74 percent) occurred in the local sewer system with 19 SSOs caused by blockage-related issues and one with unknown cause that was likely a blockage as well. Most, if not all, of these SSOs were preventable. In the past two years, the District has successfully reduced SSOs in this portion of the collection system due to a multi-pronged strategy consisting of the following elements: o Aggressive annual cleaning of all local sewers. A contractor performs these services. o Cleaning of known trouble spot sewer segments on a 1-month or 3-month cleaning schedule. o Quality control inspections of up to 30 percent of segments cleaned by the contractor. o A 7-year CCTV inspection cycle to assess condition of all sewer system assets. The 12-month cleaning schedule for all local sewer system pipes is resulting in a significant amount of data regarding every sewer segment in the local sewers including: o Two or more recent completed cleaning work orders with maintenance feedback indicating type and severity of material found during cleaning. o One CCTV inspection focused on condition assessment and potentially a second inspection for cleaning quality control. The District has the opportunity to analyze this data to optimize cleaning frequencies for local sewer system pipes. • Implementing a new computerized maintenance management system to document maintenance activities performed on the sewer system as well as to support documentation of important information collected during maintenance by asset. In the meantime, the District is utilizing the existing Cassworks Computerized Maintenance April 2013 14 Return to Aaenda Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Management System (CMMS) system to document collection system maintenance activities. 4.2.6 Chapter 6 — Design and Performance Provisions WDR Requirement: a. Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and b. Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. Audit Finding: The District is in compliance with the Design and Performance Provisions elements of WDR Provision D.13 and has appropriate design and construction standards and specifications as well as procedures and standards for inspection and testing of new sewers and rehabilitation and repair projects. The District has formed an Engineering Department Advisory Council responsible for review and approval of design and construction standards. Some of the smaller rehabilitation projects performed by the District are managed by the Facility Engineering group and have pipeline rehabilitation specifications that are not reviewed and approved as part of the process described in the SSMP. The SSMP should be updated to discuss the process to review and update design and construction standards utilized on these smaller projects. Over the past five years, only one (1) SSO event has been attributed to the design-related issues. The SSO event occurred at the Lido Pump Station on August 25, 2012 and was caused by design issues related to the programmable logic controller (PLC) and installation issues related to the uninterruptible power supply (UPS). The District's response to the Lido Pump Station failure was appropriate. The District thoroughly reviewed the incident and developed a list of mitigating actions including: 1. Reviewed current engineering designs for pump stations and determined the other stations provide for a redundant pumping system that is independent of the PLC and UPS. 2. Pump stations subsequently rehabilitated or constructed after Lido Pump Station were installed with an automatic bypass pumping system (i.e., improved design). 3. Evaluation and inspection of the PLC and remote 1/0 network topology at other pump stations to ensure that components and installation is in accordance with the manufacturer recommendations. Based on this evaluation, the District is planning to perform modifications or replacements where needed. 4. Review of pump stations to determine whether all stations meet current engineering standards requiring PLC panels to have surge suppression devices to filter voltage spikes. 5. Staff is evaluating and will upgrade PLC hardware and/or software on other pump stations to add loss of a station PLC heartbeat alarm, as had occurred during this event at the Lido pump station. On October 14, 2011, the District experienced a SSO event related to the failure of a coupling during a pressure testing of a new force main. Failures like this are the reason why testing is performed. The pressure test performed on October 14, 2011 eliminated a future failure that April 2013 15 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL would certainly have been several orders of magnitude larger in both spill volume and response costs if the District accepted the defective coupling into operation. 4.2.7 Chapter 7 — Overflow Emergency Response Plan WDR Requirement: Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: a. Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner,' b. A program to ensure an appropriate response to all overflows; C. Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The Sewer System Management Plan (SSMP) should identify the officials who will receive immediate notification; d. Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; e. Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities;and f. A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. Audit Finding: The District is in compliance with the Overflow Emergency Response Plan requirement of WDR Provision D.13. The District has developed and implemented an overflow response capability, procedures, and training program to effectively respond to SSOs and to promptly communicate and notify responsible personnel and regulatory authorities as necessary. The Control Center staff has developed a training binder for training new Control Center staff on how to appropriately document and communicate customer calls for potential SSO events. In addition, the District is adequately investigating every SSO event and determining appropriate corrective actions. For example, the June 10, 2011 SSO event resulted in revisions to the District's Spill Prevention and Countermeasure Control Plan, which is included in the Master Specifications documents provided to all contractors working on the District's collection system. The event also resulted in re-training of contractor staff on SSO Response procedures. The August 25, 2012 SSO event resulted in extensive investigations into Lido pump station programmable logic controller(PLC)design and a review of risk of similar failures at other pump stations. Investigation findings determined that current pump station structure and PLC design mitigates this event from occurring at newer stations. Interim measures were implemented to address risk factors at older stations. The audit did discover minor issues issues related to the fragmentation of the Overflow Emergency Response Plan and SSO reporting as described below. April 2013 16 Return b Mande Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Overflow Emergency Response Plan Documentation The documentation of the Overflow Emergency Response Plan is fragmented. This is evidenced by the following: • By design, the Overflow Emergency Response Plan section of the SSMP is not the actual Overflow Emergency Response Plan. This section references an SSO Emergency Response Plan document (Appendix Q), which, along with five other documents, combine to create the District's actual Overflow Emergency Response Plan. Chapter 7 of the SSMP also refers to Appendix R that includes a SSO Spill Estimation and Simulation Training document providing guidance on how to estimate sewer overflow volume. Appendix R is not referenced in Appendix Q. The only linkage between Appendix R and Appendix Q is provided in Chapter 7 of the SSMP. The linkage between various Overflow Response Plan Documents is shown in Figure 43. Figure 4-3: Linkage Between Various Overflow Emergency Response Plan Documents SSMPAppendlxQ SSMP Chapter) SSO Emergency Response Plan Overflow Emergency Respanse Plan • Appendix Q which is referenced as the Overflow Response Plan is tilled "SSO Emergency Response Plan Description' indicating that it is describing the plan, yet is not the plan itself. The actual guidance for SSO response decision-making, communication, notification, containment, recovery, mitigation, reporting, and documentation are provided in the referenced flow chart and procedures documents. The audience of this document appears to be a regulator versus someone involved in overflow emergency response activities. The District may want to consider updating the "SSO Emergency Response Plan Description" to become the introductory section of an Overflow Emergency Response Plan binder with the target audience being the overflow response team. The binder can have a tab for each of the procedures.The document can be utilized to introduce and describe the purpose for the flow chart and each of the procedures. April 2013 17 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL • Appendix P1 includes the SSO Response Flow Chart. This appears to be the overarching document that ties the four other procedures together. The references to the supporting procedures are not up to date and should include the official title and SOP number with each reference. It appears this document was last updated on May 1, 2009. The District may want to consider adding a date for when the figure was last reviewed. If possible, the District may want to consider adding 'Swim Lanes"or symbology to identify the responsible party for the various activities identified on the flow chart. The District may also want to consider adding diamond decision shapes for decision activities. • The four procedural documents adequately define notification and response procedures. There is a disparity between the format and level of documentation of the Environmental Compliance procedures (EC-SOPS) versus the operations and maintenance procedures (870-GEN). Although less detailed, the operations and maintenance procedures are easy to follow and read, which may be preferable to a more structured and detailed procedure for training, readability, and ease of use. SSO Documentation and Reporting A review of SSO reporting documentation was performed. Attention was focused on determining whether protocols exist to ensure all information documented over the course of an SSO event is either consistent with the final findings or documentation exists explaining the variances. One key area that has been an issue with other agencies is ensuring that all service requests containing information indicating a potential spill are linked to a work order that either addresses the issues or verifies a spill did not occur. All service requests generated by the Control Center are forwarded to appropriate field staff and subsequent work orders document the outcome of the initial investigation and, if required, additional work orders to address the issue. SSO reporting in CIWOS was also reviewed and findings of this review include: • The Total Spill Volume should equal the Spill Volume Recovered plus the Spill Volume Reaching Surface Waters/Storm Drain and Not Recovered. When these do not equal, most of the time it means that some portion of the volume was absorbed by the ground or evaporated. When these volumes do not equal, the District may want to consider adding a note to the "Explanation of Final Spill Destination" field documenting that a portion of the spill was absorbed or evaporated. • The Final Spill Destination Explanation for SSOs with spill volume reaching surface waters does not indicate the name of the surface waters the spill ultimately drained into. The District may want to consider including this in future reporting and documentation. • The Estimated Operator Arrival Time for all 27 SSOs occurring between Janaury 1, 2008 and December 31, 2013 are rounded to the nearest five minutes. It would be expected that arrival times rounded to 0 or 5 would account for 20 percent of the arrival times. The expectation is to report the best available information. One option for improving documentation of more accurate arrival times is to have the operator check in with the Control Center immediate upon arrival. Another option is to review the Global Positioning Satellite (GPS) data of the First Responder. A third option is to take a time stamped picture immediately upon arrival. Increased accuracy will translate to increased credibility. This same comment applies to the time the District was notified and the spill end time. A review of entries for those fields indicates the District is rounding only 45 percent of the time over the last two years which is closer to what would be expected. April 2013 1s Return to Aaenda Rom Orange County Sanitation District WDR Audit WDR Audit Findings FINAL • District may want to add a note in the 'Spill Appearance Point Explanation' field indicating whether the spill is from the local system or regional system. It appears this information may be determined from the City field, yet this is not clear. 4.2.8 Chapter 8 — FOG Control Program Plan WDR Requirement: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: a. An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; b. A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; C. The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; d. Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; e. Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; f. An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and g. Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (0 above. Audit Finding: The District has a very effective program for fats, oils, and grease (FOG) blockage control consisting of the following components: • Consistent and effective source control of approximately 242 active permitted food service establishments (FSEs). • Implementation of GIS information tools to support FOG investigations. • Aggressive sewer cleaning of all areas known to have a history of FOG issues. • An effective public outreach education program for proper disposal of FOG through education at public events, website, social media, and newletters. The District increases promotion prior to holiday events where grease can be an issue (e.g., Thanksgiving and Christmas holidays). • A FOG ordinance providing adequate FOG enforcement authorities. • Adequate staffing to accomplish FOG program inspections and enforcement as required. • Close coordination between source control and collection system operations and maintenance staff to investigate FOG issues and determine appropriate source control and maintenance corrective actions to address issues. April 2013 19 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL The main audit finding related to the FOG Program is a minor suggestion relating to the measurement and monitoring of the effectiveness of the FOG Program enforcement approach. When violations are currently found during FOG inspections, a verbal warning is the initial method for communicating violations. This is followed by a corrective action notice, a corrective action letter, and a follow-up compliance inspection. SWRCB staff was invited to listen to the FOG Program audit interviews. In a subsequent conversation with the lead auditor one of the attendees from the SWRCB questioned the effectiveness of a verbal warning approach. The SWRCB is finding that agencies across the State are not actively effectively enforcing FOG program violations. This auditor does not find issue with this approach, as long as the approach is proven to be effective at causing food service establishments (FSEs) to move forward with implementing changes to their practices or grease removal equipment as required. The District should move forward with tracking and monitoring the effectiveness of the verbal/corrective action approach to answer the following questions: • How many verbal warnings were delivered by the District? • How many corrective action notices were sent? • How many corrective action letter were sent? • How many follow-up inspections were performed? • How many corrective actions communicated through verbal warnings, corrective action letters, and corrective action notices were addressed prior to the subsequent follow-up inspection or agreed upon due date? The District should be prepared to compare the effectiveness of this verbal/corrective action approach compared to a more aggressive enforcement approach (e.g. written violation letter and development of Compliance Schedule Agreement). If a verbal/corrective action approach is as effective as a more aggressive approach for a majority of FSEs, the District can accomplish the overall goals of the program without having to incur the administrative costs of composing violation letters and developing Compliance Schedule Agreements. Another minor audit finding relates to the discharge of FOG by tributary agencies into the District's collection system. If the District determines a tributary agency is contributing FOG to the Districts sewer system and is causing accumulation of FOG in the District's assets, there exist several mechanisms for the District to apply pressure to effect changes in the tributary agencies source control or maintenance program, all of which involve communication. The District should develop communication protocols for dealing with this type of situation. Protocols might include initial verbal peer-to-peer communications at the staff level and escalate to the manager level if not addressed. One approach might be to share in the additional maintenance costs required to deal with the FOG discharged to the District system (e.g. additional wet well cleaning). Since January 2007, the District has only experienced six (6) grease-related SSOs with only 109 gallons spilled due to (3) grease-related SSOs occurring since October 18, 2009. Grease- related SSO contribute 0.17 SSOs per 100 miles per year on average in the District's sewer system overall. All of the grease-related SSOs are occurring in the local sewer system. Grease- related SSOs in the local sewer system contribute 0.51 SSOs per 100 miles per year in that portion of the sewer system. Overall, this is an indicator that the current FOG Control Program has been effective at controlling grease issues in the sewer mainlines. Table 4-4 shows the number of grease-related SSOs in the District's sewer system since 2007. April 2013 20 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Table 4.4: Grease-Related SSOs Year 2007 2006 1 2009 2010 2011 2012 Total Number of Grease-related SSOs 2 0 1 1 1 1 6 4.2.9 Chapter 9 — System Evaluation and Capacity Assurance Plan WDR Requirement: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: a. Evaluation:Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; b. Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and C. Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, 1/1 reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. d. Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the Sewer System Management Plan (SSMP) review and update requirements as described in Section D. 14. Audit Finding: The District performed a system evaluation and capacity assurance analysis and developed a plan to address deficiencies identified as part of the 2006 Strategic Plan Update in 2006. This analysis was reviewed and updated as part of the development of the 2009 Facilities Plan. The evaluation performed as part of the 2006 Strategic Plan Update identified design criteria for system evaluation and capacity assurance. Projects identified to address capacity issues in 2006 were reviewed in 2009 and in some cases were eliminated or deferred indefinitely due to revisions in flow projections or corrections/changes to the modeled network. The District should develop a plan for monitoring all current potential hydraulic deficiencies that are not scheduled for corrective action via CIP projects within the next five years. Since surcharging or overflows are generally not expected to occur in these sewers, except under extreme rainfall events, monitoring must focus on wet weather periods. The SSMP and referenced documents such as the 2006 Strategic Plan Update, the 2009 Facilities Plan, and Fiscal Year Budgets describe capital improvement projects for capacity enhancement. Some of the identified projects have been completed and others deferred for a variety of reasons. It is not easy to determine the status of each project because the information is contained in various documents. The District should consider updating the table in Appendix M that lists all the capacity-related CIP projects that were identified in the 2006 Strategic Plan Update, the 2009 Facilities Plan, or in other studies. Include the original source of the recommendation to perform the project. Document the priority and status of each project. For April 2013 21 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL projects that have been deferred and/or are not currently included in the District's CIP, the table should include the justification for the deferral (e.g., reduced flows, lower growth projections, acceptable level of risk, etc.). This table should be updated annually and included in the SSMP. The District has not reported any capacity-related sewer overflows since the District began entering sewer overflow reports into the SWRCB CIWQS database in January 2007. Overall, the District's approach to system evaluation and capacity assurance has proven to be effective, as evidenced by no capacity-related SSOs occurring since before January 2007. 4.2.10 Chapter 10 — Monitoring, Measurement, and Program Modifications WDR Requirement: The Enrollee shall: a. Maintain relevant information that can be used to establish and prioritize appropriate Sewer System Management Plan (SSMP) activities; b. Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; C. Assess the success of the preventative maintenance program; d. Update program elements, as appropriate, based on monitoring or performance evaluations;and e. Identify and illustrate SSO trends, including: frequency, location, and volume. Audit Finding: The District is maintaining relevant information that is used to establish and prioritize appropriate SSMP activities. Overall SSMP Performance: The primary indicators utilized to measure and monitor the success of SSMP implementation include the following performance indicators: • SSOs per 100 miles per year: Goal is less than 2.1 SSOs per 100 miles per year • Time to contain flow: Goal is to contain SSOs within 5 hours. • SSO response time: Goal is to respond to all SSOs within 1 hour of notification. Each of these indicators are tracked and communicated to the District Managers and District Board monthly. In addition, the WDR Quarterly Internal Stakeholder Meeting reviews each of these metrics every three months to determine if any program modifications are required to address deficiencies identified as a result of investigation of SSO events that have occurred. Organizational units responsible for various SSMP elements and SSMP activities are tracking relevant data required to manage operational units, SSMP programs, and system performance. Based on the review of these performance measures, investigations into the root causes of SSOs, the District initiates the review of specific SSMP elements linked to SSO performance to determine effectiveness and determines if SSMP modifications are required to address any issues identified. These updates are integrated into the overall SSMP update process driven by the WDR audit findings. Operations and Maintenance Program: The District is tracking and assessing the success of operations and maintenance work activities using the CassWorks Computerized Maintenance Management System (CMMS). CassWorks is utilized to plan, schedule, and track in-house pipeline and pump station maintenance activities, including work activities related to SSO response activities. The CassWorks CMMS is also utilized to track contractor sewer cleaning activities. The District has a standard Collections Metrics Report that summarizes work order data for various maintenance activities to support overall management of collection system April 2013 22 Return to Aaenda Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL maintenance. CCTV inspection data is stored in a CCTV repository database. Pump station reliability data is stored in separate reliability software database. The manager of the Division 340 - Facilities and Support Services Division (FSSD) meets with supervisors responsible for all aspects of the collection system maintenance program individually every two weeks and as a management team every two weeks to discuss status of activities assigned, upcoming activites, issues, etc. Through these meetings, activities between various maintenance units are coordinated. The success of the preventive maintenance program is being discussed at some level on a weekly basis. Overflow Emergency Response: In addition to the SSO response activities tracked in the CassWorks CMMS, the District relies on the SRWCB CIWQS database to store SSO event and reporting data. Supporting SSO documentation (pictures, forms, calculations, etc.) is stored on District server. Fats, Oils, and Grease Control Program: FOG Program inspection information is tracked in the District's FOG Program database. This database tracks all active FOG Program permits, scheduled inspections, follow-up inspections, inspection results, FOG program violations, and enforcement activities. A dashboard on the Source Control FOG Permit Administration page maintains an up-to-date accounting of new permits requiring inspection or permits requiring renewal. Sewer Repair, Rehabilitation and Replacement Program: The District is tracking sewer repair activities in the CassWorks CMMS. Sewer rehabilitation and replacement is tracked in the GIS as part of the GIS update process. Prior to the GIS update, rehabilitation and replacement of speck assets is tracked by project either by Engineering or Contracts Support Services. System Evaluation and Capacity Assurance Program: The District tracks the implementation of system evaluation and capacity assurance program recommendations on a project by project basis. These projects are being implemented over a long-term horizon and tracking is documented in the SSMP in Appendix M, Table 1-3. Asset Management Improvement Program: The District has an active Asset Management Improvement Program with long-term, medium-term, and short-term strategies for managing asset reliability. OCSD is currently developing and implementing the processes required to more accurately predict funding required for long-term asset reliability and sustainability. The District's current long-term funding predictions are based on best engineering judgement at this time. In the medium-term, CIP funding is reviewed annually based on the projects identified and prioritized to address system reliability needs. In the short-term, projects are delivered by either a maintenance unit, Facilities Engineering Division, of the Engineering Department depending on urgency, scope, and priority. The District has a Clearinghouse committee that coordinates project delivery between the various groups. 4.2.11 Chapter 11 — SSMP Program Audits WDR Requirement: As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee's compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. The District conducted an SSMP audit in October 11, 2010. The audit assessed the effectiveness of the SSMP implementation and identified deficiencies in the SSMP and steps to correct them. The District created a periodic meeting for WDR and SSMP Internal Stakeholders. The group began meeting quarterly over the two years after the 2011 audit and assigned April 2013 23 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL responsibilities to correct deficiencies, action items to address deficiencies, and completed an SSMP update to address the audit comments by the end of 2011. One of the items included in the updated SSMP was a closeout memorandum documenting the District's response and action for each SSMP audit finding, which is included as Appendix Y of the most recent version of the SSMP. This audit serves as the District's 2013 SSMP audit. The District is in compliance with the SSMP Program Audit element and has effectively utilized the SSMP audit process to improve the SSMP. 4.2.12 Chapter 12 - Communication Program WDR Requirement: The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary sewer system. Audit Finding: OCSD is one of the few agencies to provide the public the opportunity to provide input to the program as the SSMP is being updated. An draft updated version of the SSMP was recently posted on the District's website. An informational article on the SSMP and a Public Comment Survey were featured on OCSD's homepage spotlight from January 17, 2012 through February 6, 2012. Public notifications were sent to OCSD's E-zine (electronic newsletter), Facebook, and Twitter subscribers to solicit comments. Additionally, the District announced the draft document was available for review at the Janaury WDR Committee meeting and January OCSD Board meeting. The District received 12,915 visits to the website during the review period. Over 569 people were asked to participate in the survey and 75 people accessed the survey through Facebook. The District received two responses providing feedback to update contact information and positive comments on the details of reporting procedures. Public comments were noted and addressed. The SSMP was finalized and is available on OCSD's website (http://www.ocsd.com/index.asi)x?i)aae=38&parent=12791). The District does not appear to be providing the public with information on the performance of the SSMP on a regular basis and may want to consider placing a link to the State Water Resources Control Board (SWRCB) California Integrated Water Quality System (CIWQS) database to guide the public towards the SSO data and Collection System Operational Report for OCSD publicly available on the CIWQS website (https://ciwgs.waterboards.ca.aov/ciwcs/readOnly/DublicRei)ortSSOPerformance. sp?wdid=8SS 010640&startDate=&end Date=). The District can also provide contact information in the form of an e-mail or phone number of the appropriate person to call to request SSMP performance information. The District has formed two periodic meetings to communicate with tributary agencies including the WDR Steering Committee and the OC WDR General Meeting. These meetings occur every two months and consist of representatives of the District and all agencies with a collection systems tributary to OCSD's regional system. These meeting cover a range of topics related to the WDR and serve as an effective means for OCSD to communicate with tributary agencies. A list of upcoming meetings for each of these groups is can be found at http://www.ocsd.com/index.aspx?paqe=273. April 2013 24 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL 5 Strengths and Implementation Accomplishments Documenting the strengths and implementation accomplishments of the SSMP is as important as determining the deficiencies and corrective actions. The District should recognize the areas of strength in sewer system management as well as continue building upon success in these areas. Table 5-1 includes the strengths and implementation accomplishments that were identified during the audit. Table 5-1: Strengths and Implementation Accomplishments WDR Provision Strengths and Implementation Accomplishments D.13(ii)- Organization The District has assigned roles and responsibilities for development and implementation of the SSMP and staff have been effective at implementing key elements of the SSMP and addressing deficiencies identified during the previous audit. D.13(iii)— Legal The District has ordinances and design guidelines providing the Authority District with the authority to: • Prevent illicit discharges; • Require sewers to be property designed and constructed; • Limit discharge of fats, oils, and grease, and; • Enforce violations of sewer ordinances. April 2013 25 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Strengths and Implementation Accomplishments DA 3(iv)—Operations The District has sustained an SSO rate in the sewer system of and Maintenance less than 1.39 SSOs per 100 miles of sewer pipelines per year Program over the last five years, placing OCSD in the category of high- performing sewer systems. The Operations and Maintenance Program is a key contributor to the high level of SSO performance achieved in the last five years through: • An aggressive sewer cleaning program in the local sewer system which focuses aggressive sewer cleaning in pipelines with historical maintenance issues and cleaning of all other pipes at least once every year; • A five-year cleaning cycle for all regional sewers less than or equal to 42-inch diameter and more frequent cleaning of known problem regional sewer pipe segments. Trouble spots and siphons are cleaned every 4 weeks to 3 months based on historical cleaning needs, which may include pipe segments larger than 42-inch diameter. • CCTV inspection of all pipes with sewer overflows, blockages, or severe maintenance issues to determine an appropriate maintenance strategy and identify repair or rehabilitation needs. • Systematic CCTV inspection of the sewer system on an 7- year cycle beginning with the problematic and older portions of the system. This systematic approach enables OCSD to identify structural deficiencies in the early stages of deterioration and to monitor these deficiencies and determine appropriate corrective actions. • A well developed collection system asset management program documenting assumed life expectancies for collection system assets and projecting future refurbishment and replacement funding to maintain level of service goals. Based on this effort, the District has the funding in place to perform the repair, rehabilitation, and replacement as necessary to address system condition-related deficiencies. • Well-trained collection system employees with all employees above the Maintenance Worker classification maintaining CWIA Collection System Maintenance certifications at or above levels required for their position. • Accurate and up-to-date mapping of the sewer system to support SSO response and preventive maintenance activities. District response crews also have access to slormwater drainage system mapping to support sewer overflow response and recovery. • A pump station maintenance and inspection program with a well-defined maintenance schedule, documented standard operating procedures, checklists, and daily SCADA data review. • Baseline CCTV inspection of all new pipe upon acceptance of new construction. April 2013 26 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Strengths and Implementation Accomplishments D.13(iv)(c)—Operations The District has implemented a pump station reliability program and Maintenance that currently performs Vibration Analysis to measure vibration Program of pump equipment. This analysis can lead to additional monitoring, maintenance, repair, and in some cases replacement of pump assets. Oil analysis is also fully implemented and utilized similarly. The District has just started utilizing thermography and ultrasound to support similar types of decisions. Collection and use of reliability data to support maintenance and renewal decisions is a best practice. D.13(vi)(c)—Overflow The District has excellent procedures and process for SSO Emergency Response notifications and communication (SSMP Appendices P2 and Plan P3 . D.13(vii)— FOG Control The District has a very effective program for fats, oils, and Program grease (FOG) blockage control including: • Consistent and effective source control of approximately 242 active permitted FSEs. • Implementation of GIS information tools to support FOG investigations. • Aggressive sewer cleaning of all areas known to have a history of FOG issues. • An effective public outreach education program for proper disposal of FOG through education at public events, website, social media, and newsletters. The District increases promotion prior to holiday events where grease can be an issue (e.g., Thanksgiving and Christmas holidays). • A FOG ordinance providing adequate FOG enforcement authorities. • Adequate staffing to accomplish FOG program inspections and enforcement as required. • Close coordination between source control and collection system operations and maintenance staff to investigate FOG issues and determine appropriate source control and maintenance corrective actions to address issues. April 2013 27 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Strengths and Implementation Accomplishments D.10 -Adequate No observed capacity-related SSOs in the last six years. Capacity& A dynamic model of all trunk sewers was developed, calibrated D.13 viii (c)—System with extensive dry and wet weather flow monitoring data, and Evaluation and Capacity used in the 2006 Strategic Plan Update along with flow and Assurance Plan capacity criteria to identify all existing and potential future hydraulic capacity deficiencies under dry and wet weather (10- yr return period) conditions. Capital projects were identified and prioritized in the 2006 Strategic Plan Update. The highest-priority projects were inserted in the District's CIP and have been implemented. The model has been used by District staff to evaluate major development proposals and to update the hydraulic capacity analysis and further study high-priority projects. Findings were documented in the 2009 Facilities Plan. In the past year, the District has provided training on the modeling software to 15 staff members, and designated 3 staff members as primary modelers. The District plans to perform separate asset management plans for each of its revenue areas, which will include updating and calibrating the model and updating capital improvement projects for both capacity and rehabilitation. Work on the first two revenue area plans is schedule to begin in the current fiscal year. The District previously provided funding to its member agencies (Cooperative Projects Program) for projects aimed at reducing infiltration/inflow. The District continues to sponsor meetings of member agencies to assist in sharing of information on planning and maintenance of collection systems and in complying with the Statewide Collection System WDRs. D.13(ix)— Monitoring, The District is tracking SSO performance indicators and is Measurement, and communicating these to District Managers and District Board Program Modifications monthly. In addition, the WDR Quarterly Internal Stakeholder Meeting reviews each of these metrics every three months to determine if any program modifications are required to address deficiencies identified as a result of investigation of SSO events that have occurred. D.13(x)—SSMP The District successfully completed an SSMP Audit and Update Program Audits & cycle. The District conducted an SSMP audit in late 2010. The D.14—SSMP Update audit assessed the effectiveness of the SSMP implementation and identified deficiencies in the SSMP and steps to correct them. The District created a periodic meeting for WDR and SSMP Internal Stakeholders. The group met quarterly over the two years after the 2010 audit and assigned responsibilities to correct deficiencies, action items to address deficiencies, and completed an SSMP update to address the audit comments by the end of 2011. One of the items included in the updated SSMP was a closeout memorandum documenting the District's response and action for each SSMP audit finding. April 2013 28 Return b Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Strengths and Implementation Accomplishments D13(xi)— OCSD is one of the few agencies to provide the public the Communication Plan opportunity to provide input to the program as the SSMP is being updated. An draft updated version of the SSMP was posted on the District's website. An informational article on the SSMP and a Public Comment Survey were featured on OCSD's homepage spotlight from January 17, 2012 through February 6, 2012. Public notifications were sent to OCSD's E-zine (electronic newsletter), Facebook, and Twitter subscribers to solicit comments. Additionally, the District announced the draft document was available for review at the Janaury WDR Committee meeting and January OCSD Board meeting. The District received 12,915 visits to the website during the review period. Over 569 people were asked to participate in the survey and 75 people accessed the survey through Facebook. The District received two responses providing feedback to update contact information and positive comments on the details of reporting procedures. Public comments were noted and addressed. The SSMP was finalized and is available on OCSD's website. April 2013 29 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL 6 WDR Compliance, SSMP Deficiencies and Corrective Actions Several deficiencies were identified during the audit and are in this Section along with recommended corrective actions. Deficiencies were divided into three categories and coded with a letter. The deficiency categories are coded and defined as follows: Table 6.1: Deficiency Definitions Deficiency Deficiency Type Deficiency Definition Type A Non-Compliance A process or outcome resulting in the SSMP not currently being in compliance with the W DR/SSMP requirements. B-major Major Non-Conformance Moderate to high risk that a statement in the SSMP is not fully conformed. Moderate to high risk to the success of the SSMP. B-minor Minor Non-Conformance Low risk that a statement in the SSMP is not fully conformed. Low risk to the success of the SSMP. 6.1 WDR Compliance This audit found the District to be in compliance with all Provisions of the WDR, including all elements of WDR Provision D.13. 6.2 SSMP Deficiencies and Corrective Actions The following tables document the SSMP deficiencies identified as a result of the audit along with recommended corrective actions. April 2013 30 Return to Aaenda Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Table 6.2: Major and Minor Non-Conformance Deficiencies and Recommended Corrective Actions WDR Provision Identified Deficiency Recommended Corrective Action Deficiency Type D.13(ii)— The Organization Chart included in Appendix C Update the SSMP Organization Chart in the B-minor Organization of the most recent version of the SSMP is out- SSMP. The District may want to consider updating of-date. William Cassidy has been reassigned the SSMP Organization Chart to identify all OCSD to manage the Source Control section, yet is staff currently identified in CIWOS and Legally still shown as responsible for the O&M Responsible Officials. Program and Overflow Emergency Response Plan. John Gonzalez, James Cabral are each responsible for key elements of the O&M Progam and Overflow Emergency Response Plan and are not currently identified on the organization chart. Dickie Fernandez is currently responsible for managing contract O&M activities in the local sewer system and is not shown on the SSMP Organization Chart. D.13(v)— The District has formed an Engineering The SSMP should be updated to discuss the B-minor Design and Department Advisory Council responsible for process to review and update design and Performance review and approval of design and construction construction standards utilized on these smaller Provisions standards. Some of the smaller rehabilitation projects. projects perfonned by the District are managed by a different group than the larger CIP projects and have pipeline rehabilitation specifications that are not reviewed and approved as part of the process described in the SSMP. April 2013 31 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Identified Deficiency Recommended Corrective Action Deficiency Type D.13(vi)— The documentation of the Overflow Emergency The District may want to consider updating the B-minor Overflow Response Plan is fragmented. "SSO Emergency Response Plan Description' to Emergency become the introductory section of an Overflow R Response Plan Appendix which is referenced as the Emergency Response Plan binder with the target Overflow Response Plan is titled "SSO audience being the overflow response team. The Emergency Response Plan Description' binder can have a tab for each of the indicating that it is describing the plan, yet isprocedures.The document can be utilized to not the plan itself. The actual guidance for SSO introduce and describe the purpose for the flow response decision-making, communication,notification, containment, recovery, mitigation, chart and each of the procedures. reporting, and documentation are provided in The District may want to consider adding a date the referenced flow chart and procedures for when the SSO Reponse Flow Chart was last documents. The audience of this document reviewed. If possible, the District may want to appears to be a regulator versus someone consider adding "Swim Lanes" or symbology to involved in overflow emergency response identify the responsible party for the various activities. activities identified on the flow chart. The District Appendix P1 includes the SSO Response Flow may also want to consider adding diamond Chart. This appears to be the overarching decision shapes for decision activities. document that ties the four other procedures Include the 870-GEN SSO response SOPS in the together. The references to the supporting Volume II Appendix documents. These SOPS are procedures are not up to date and should key components of the Overflow Emergency include the official title and SOP number with Reponse Plan. Review the 870-GEN SOPS to each reference. It appears this document was determine if each meets the District's standard for last updated on May 1, 2009. SOP detail and format. There is considerable disparity between the format and level of documentation of the Environmental Compliance procedures (EC- SOPS) versus the operations and maintenance procedures (870-GEN). Although less detailed, the operations and maintenance procedures are easy to follow and read, which may be preferable to a more structured and detailed procedure. Also, the 870-GEN SSO response procedures are referenced but not included in the SSMP. April 2013 32 Return to Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Identified Deficiency Recommended Corrective Action Deficiency Type D.13(vi)(c)- The SSMP Chapter 7 does not reference Reference the District's requirement for B-minor Overflow notification procedures and response protocols contractors to develop a Spill Prevention and Emergency for sewer overflows caused by contractors Countermeasure Control Plan in Chapter 7 of the Response Plan working for the District. The District requires SSMP and in SSMP appendices as applicable. If contractors to develop a Spill Prevention and an SPCC Plan is not always required, then Countermeasure Control Plan (SPCC Plan), described any spill notification and response which is not mentioned in the SSMP. protocols required by the District or guidance provided by the District to contractors in the event an SSO occurs due to their activities. D.13(vi)(c)- In a CIWOS SSO Report, the "Total Spill When these volumes do not equal, the District B-minor Overflow Volume" should equal the "Spill Volume should add a note to the"Explanation of Final Spill Emergency Recovered" plus the "Spill Volume Reaching Destination"field documenting that a portion of Response Plan Surface Waters/Storm Drain and Not the spill was absorbed or evaporated. The District Recovered". When these do not equal, most of did include a note indicating seepage in at least the time it means that some portion of the two cases. This is a good practice. volume was absorbed by the ground or evaporated. D.13(vi)(c)- The Estimated Operator Arrival Time for all 27 Implement protocols to improve "Estimated B-minor Overflow SSOs occurring between Janaury 1, 2008 and Operator Arrival Time" accuracy. One option for Emergency December 31, 2013 are rounded to the nearest improving documentation of more accurate arrival Response Plan five minutes. It would be expected that arrival times is to have the operator check in with the times rounded to 0 or 5 would account for 20 Control Center immediate upon arrival. Another percent of the arrival times. This same option is to review the GPS data of the First comment applies to the time the District was Responder. A third option is to take a time notified and the spill end time. A review of stamped picture immediately upon arrival. entries for those fields indicates the District is Increased accuracy will translate to increased rounding only 45 percent of the time over the credibility. last two years which is getting closer to what would be expected. April 2013 33 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Identified Deficiency Recommended Corrective Action Deficiency Type D.13(viii)(a)— SSMP describes the District's periodic master Describe the District's ongoing modeling and B-minor System planning process, but does not describe the capacity analysis process in next update of the Evaluation and process used by District staff to review major SSMP. Capacity development proposals, apply the model as Assurance Plan needed to evaluate impact on hydraulic capacity, and update the model and its flows as new information becomes available. D.1 3(viii)(a)— The District has invested significant funds to Develop a plan to assess 1/1 from member B-minor System assist member agencies with their 1/1 reduction agencies over time. That plan could be implem Evaluation and efforts, but does not monitor the effectiveness ented in part through monitoring and 1/1 Capacity of those efforts or attempt to quantify trends in assessment work performed in upcoming Assurance Plan 1/1 over time. It is important to the District that Revenue Area Asset Management Plans. Another peak III be controlled by the member agencies. possible step would be to use the continuous Significant increases in peak 1/1 could result in simulation model developed in 2006 to assess additional hydraulic deficiencies that have not system-wide flows (total influent to both plants) yet been identified in the District's trunk observed in all storms since 2006. That model is sewers, as well as in the District's treatment capable of quantifying 1/1 as a percentage of plants and ocean outfalls. rainfall, factoring in dry and wet antecedent rainfall conditions, and should be able to quantify any significant increases or decreases in 1/1 that have occurred. April 2013 34 Return to Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Identified Deficiency Recommended Corrective Action Deficiency Type D.13 viii (c,d)— Based on the work performed for the 2009 Develop a plan for monitoring of all current B-minor System Facilities Plan, some of the capacity projects potential hydraulic deficiencies that are not Evaluation and recommended in 2006 have been eliminated or scheduled for corrective action via CIP projects Capacity deferred indefinitely on the basis of revisions to within the next five years. Since surcharging or Assurance Plan flow projections or corrections/changes to the overflows are generally not expected to occur in modeled network. However, some projects that these sewers except under extreme rainfall were determined in 2006 to present a risk of events, monitoring must focus on wet weather overflows under current development periods. The recommended approach is to install conditions during a 10-year wet weather event inexpensive passive surcharge monitors (e.g., have been deferred indefinitely, even though SmartCovers)that record only the highest water subsequent modeling analysis has confirmed level, and check and re-set them only after major the original hydraulic deficiency. Although the storm events. A single strategically-place monitor 2009 Facilities Master Plan calls for those should be adequate for each deferred project. Use potential deficiencies to be monitored, there is the findings from the monitoring program to make no documentation that any monitoring is being decisions on if and when to implement the related performed. capacity rojects. D.13 viii (d)— SSMP and referenced documents such as the Update the table in Appendix M that lists all the B-minor System 2006 Strategic Plan Update, the 2009 Facilities capacity-related CIP projects that were identified Evaluation and Plan, and Fiscal Year Budgets describe capital in the 2006 Strategic Plan Update, the 2009 Capacity improvement projects for capacity Facilities Plan, or in other studies. Include the Assurance Plan enhancement. Some of the identified projects original source of the recommendation to perform have been completed and others deferred for a the project. Document the priority and status of variety of reasons. It is not easy to determine each project. For projects that have been deferred the status of each project because the and/or are not currently included in the District's information is contained in various documents. CIP, the table should include the justification for the deferral (e.g., reduced flows, lower growth projections, acceptable level of risk, etc.). This table should be updated annually and included in the SSMP. April 2013 35 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL WDR Provision Identified Deficiency Recommended Corrective Action Deficiency Type D.13(xi)— The District does not appear to be providing the The District may want to consider placing a link to B-minor Communication public with information on the performance of the State Water Resources Control Board Plan the SSMP on a regular basis. (SWRCB) California Integrated Water Quality System (CIWQS) database to guide the public towards the SSO data and Collection System Operational Report for OCSD publicly available on the CIWQS website. (hftps://ciwqs.waterboards.ca.gov/ciwqs/readOni pu blicReportSSO Performance.isp?wdid=8SS010 640&startDate=&end Date=) The District can also provide contact information in the form of an e-mail or phone number of the appropriate person to call to request SSMP performance information. April 2013 36 Return to Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL 7 Other Findings and Opportunities This section includes other findings and opportunities for improvements not linked directly to issues of compliance or conformance with the WDR. These are ideas which resulted from the audit and are presented for the District's consideration. Table 7-1: Other Findings and Opportunities WDR Provision Finding Opportunity D.13(iii)(c)— Section 4.1 (c) of the SSMP discusses access for In the next update of the SSMP, add verbiage to the Legal Legal Authority maintenance, inspection, or repairs for portions of the Authorities section to clearly state the District does not lateral owned by OCSD. This section misses an own and is not responsible for maintenance or repair of opportunity to clearly state that the District does not own any portion of the service laterals connecting private and is not responsible for maintenance of the laterals properties to local sewers. Clarify the distinction between connecting private buildings to local sewers and therefore service laterals connecting private buildings to OCSD does not require access for maintenance, inspection, or sewers versus "laterals"connecting tributary collection repairs of those laterals. systems to OCSD sewers. Update the SSMP to reference California Civil Code 831 as well as the District's Sewer Connection Application and Permit that is the basis for a Contract between the District and property owners. The current version of the Sewer Connection Application and Permit clearly states OCSD is not responsible for ownership or maintenance of the street sewer lateral. The District may want to consider incorporating version control into the Sewer Connection Application and Permit form. OCSD may want to consider updating the District's ordinances to include a definition of a sewer lateral and clarification of sewer lateral ownership and responsibilities. April 2013 37 Orange County Sanitation District WDR Audit WDR Audit Findings WDR Provision Finding Opportunity D.13(iv)(b)— In the past two years, the District has successfully The District has the opportunity to analyze this data to Operations and reduced SSOs in this portion of the collection system due optimize cleaning frequencies for local sewer system Maintenance to a multi-pronged strategy consisting of the following pipes. The overall goal of this analysis would be to Program— elements: determine appropriate cleaning frequencies for individual Preventive sewer segments that would not increase risk of blockage Maintenance • Aggressive annual cleaning of all local sewers. or overflow. Analysis may reveal that many of the These services are performed by a contractor. segments cleaned and/or inspected over the past two • Cleaning of known trouble spot sewer segments years show no sign of maintenance issues. These on a 1-month or 3-month cleaning schedule. segments could potentially be cleaned on a less frequent • Quality control inspections of up to 30 percent of basis with no increase in risk of blockage or overflow. segments cleaned by the contractor. Alternatively, segments with indications of maintenance issues can remain at a 12-month cleaning frequency or be • A 7-year CCTV inspection cycle to assess cleaned more frequently. condition of all sewer system assets. Most, if not all, local sewer system segments have been inspected recently. The 12-month cleaning schedule for all local sewer system pipes has provided the District with a significant amount of data regarding every sewer segment in the local sewers including: • Two or more recent completed cleaning work orders with maintenance feedback indicating type and severity of material found during cleaning. • One CCTV inspection focused on condition assessment and potentially a second inspection for cleaning quality control. D.13(iv)(b)— In some cases, District crews are allowing material Best practice is to trap and capture dislodged materials at Operations and dislodged during sewer cleaning activities to flow past the the downstream manhole where cleaning is being Maintenance downstream manhole where sewer cleaning is performed performed and to clean manhole-to-manhole pipe Program— and into downstream pipe segments. segments whenever possible. Preventive Maintenance April 2013 38 Return to Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings WDR Provision Finding Opportunity D.13(iv)(b)— The District is implementing a new Computerized Business processes should be defined where and when Operations and maintenance management system to document major decision processes are employed. Major decision Maintenance maintenance activities performed on the sewer system as processes should be further defined by identifying the data Program— well as to support documentation of important information that is needed to perform decisions. This is important Preventive collected during maintenance by asset. The District has because it leads to the definition of specific information Maintenance the opportunity to require the implementer of the CMMS system requirements and information system processes to include functionality to support key businesses not built that the CMMS needs to support. Examples of specific into the typical out-of-the-box CMMS software business processes that should be considered include: • Maintenance planning process • Maintenance scheduling process • Sewer cleaning frequency and cleaning method decision-making process • System-wide cleaning prioritization process • Root control program coordination process (mechanical versus chemical) • Programmatic sewer inspection prioritization • Sewer repair versus rehabilitation and replacement decision process • Pump station maintenance, rehabilitation, replacement decision process • Capital improvements program prioritization process If the maintenance planning and scheduling process requires that each sewer main be treated individually, then that will drive an information system requirement that data be collected individually for all assets that are worked on. If the sewer cleaning frequency decision process is dependent on type and severity of crew findings, then this will drive an information system requirement that crew findings be standardized and maybe even code-based. If there is a requirement to perform mechanical cleaning a certain number of weeks prior to chemical root control, then an information system requirement could be included for to accomplish coordination of these activities and to trigger the chemical root control once the mechanical cleaning work order is completed. April 2013 39 Orange County Sanitation District WDR Audit WDR Audit Findings WDR Provision Finding Opportunity D.13(iv)(c)— The District has utilized an assumption for asset The District should develop the methodology for refining Operations and deterioration to generate long-term refurbishment and the assumptions for sewer pipeline asset deterioration to Maintenance replacement cost projections. These projections are the determine if additional data or investigation beyond readily Program basis for future refurbishment and replacement funding available CCTV data will be required to support developing for capital investment. more accurate deterioration curves. D.13(vi)(b)— The audit determined protocols are in place to forward Perform a query of the CassWorks CMMS database to Overnow service requests generated by the Control Center to ensure that all Service Requests related to potential sewer Emergency appropriate field staff. Subsequent work orders document overflows are associated with a completed Work Order. Response Plan the outcome of the initial investigation and, if required, Focus on ensuring adequacy of the documentation of additional work orders to address the issue. "false alarm" calls. D.13(vi)(c)— It is difficult to determine which SSOs reported to CIWOS The District may want to add a note in the"Spill Overnow were related to the local system versus the regional Appearance Point Explanation'field indicating whether the Emergency system. It appears this information may be determined spill is from the local system or regional system. Response Plan from the City field, yet this is not clear. April 2013 40 Return to Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings WDR Provision Finding Opportunity D.13(vii)— FOG In some cases, when violations are currently found during The District should move forward with tracking and Control FOG inspections, a verbal warning is the initial method monitoring the effectiveness of the verbal/corrective action Program for communicating violations. This is followed by a approach to answer the following questions: corrective action notice, a corrective action letter, and a follow-up compliance inspection. The State Water . How many verbal warnings were delivered by the Resources Control Board (SWRCB) was invited to listen District? to the FOG Program audit interviews and mentioned this . How many corrective action notices were sent? in a subsequent conversation with the lead auditor. The . How many corrective action letter were sent? SWRCB is finding that agencies across the State are not . How many follow-up inspections were performed? actively effectively enforcing FOG program violations. . How many corrective actions communicated This auditor does not find issue with this approach, as through verbal warnings, corrective action letters, long as the approach is proven to be effective at causing and corrective action notices were addressed prior FSEs to move forward with implementing changes to their to the subsequent follow-up inspection or agreed practices or grease removal equipment as required. upon due date? The District should be prepared to compare the effectiveness of this verbal/corrective action approach compared to a more aggressive enforcement approach (e.g. written violation letter and development of Compliance Schedule Agreement). If a verbal/corrective action approach is as effective as a more aggressive approach for a majority of FSEs,the District can accomplish the overall goals of the program without having to incur the administrative costs of composing violation letters and developing Compliance Schedule Agreements. April 2013 41 Orange County Sanitation District WDR Audit WDR Audit Findings WDR Provision Finding Opportunity D.13 viii (a)— The District has effectively used the dynamic hydraulic The District should carefully consider the various work System model, has provided training to staff on the modeling elements involved in updating/calibrating/applying the Evaluation and software, and intends to update, calibrate, and apply the model, and identify areas of potential inconsistencies that Capacity model in the next few years as separate Asset could be avoided by performing those task up front for the Assurance Plan Management Plans are prepared for each of the District entire District and/or establishing guidelines to be followed revenue areas. By carrying out model updates via a in the asset management plans. For example, it would be series of separate projects rather than through a single more efficient and consistent to use the latest regional Master Plan Update project, there is a risk of population/employment projections to update the entire inconsistencies in the methodologies, criteria, and data model at once than to perform that work on each separate used to update the model and develop and prioritize revenue area over a period of years. Guidelines may be future capacity projects. appropriate, for example, to standardize the processes for monitoring wet weather flows, updating 1/1 parameters in the model, and quantifying changes in 1/1 since 2005. D.13(x)—SSMP SSMP Appendix X1 is the Environmental Auditing Update the SSMP to indicate who the Subject Matter Program Audits Program Procedures providing guidance for SSMP Expert is for SSMP Program Audits. Program Audits. The procedure indicates a Subject Matter Expert be identified as the 'Person in charge of a specific compliance program or area to be audited". The SSMP Chapter 11 does not identify who is the assigned Subject Matter Expert for SSMP audits. The Appendix C SSMP Organization Chart does not indicate who the Subject Matter Expert is. April 2013 42 Return to Aaenda Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL 8 List of Documents Reviewed The following table lists the documents reviewed over the course of the WDR audit. The documents are organized in alphabetical order. Table 8.1: List of Documents Reviewed Document Date Source 2009 Facilities Master Plan, adopted December 2009 December 2009 Jim Burror 5-Year Strategic Plan November 2012 OCSD Website Answers to Questions about Private Sewer Laterals in Tustin and Other Nearby Unincorporated Areas December 19,2007 Internet Search Asset Management Improvement Program,Overall Roadmap 2005 June 2005 OCSD Website Asset Management Plan 2005 June 2005 OCSD Website Asset Management Plan 2006 July 2006 OCSD Website Asset Management Plan FY2008-09&FY2009-10 June 2009 OCSD Website Asset Management Plan FY2011-12 Not Dated Jim Burror Asset Management Strategic Plan and Framework Analysis October 2002 OCSD Website Book 1.xlsx, Excel spreadsheet with production data for sewer cleaning work activities. March 18,2013 John Gonzalez State Water Resource Control Board CI WQS California Integrated Water Quality System-Sanitary sewer overflowdata Downloaded on February 26,2013 Website Capital Improvement Program FY2010-11 Update October 2011 OCSD Website CEQA Review Documents.xlsx March 12,2013 Jim Burror Communication Progam Examples-Part 1: Handouts at Communication Program audit meeting March 13,2013 Ingrid Hellebrand Communication Progam Examples-Part 2: Handouts at Communication Program audit meeting March 13,2013 Ingrid Hellebrand Control Center Training Materials for Sanitary Sewer Overflow Notification March 29,2013 Victoria Raymond District Liability for a Sewage Spill from a Private Lateral April 24,2008 OCSD Website District Ordinance OCSD-25 Novmber 17,2004 OCSD Website April 2013 43 Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Document Date Source District Ordinance OCSD-39 September 23,2009 OCSD Website Division 340 Budget-FY2010-11&FY2011-12 Not Dated John Gonzalez Environmental Compliance Sanitary Sewer Overflow Response Procedure, EC-SOP-008 February 10,2011 Dindo Carrillo Environmental Compliance Sanitary Sewer Overflow Response Procedure, EC-SOP-009 February 10,2011 Dindo Carrillo Example Sewer Connection Application and Permit January 1,2013 Jim Burror Findings Spreadsheet_WDR_301710.xlsx October 17,2010 Dindo Carrillo FOG Information System Screen Shots March 13,2013 Merrill Seiler FSEs Discharging to OCSD Sewers in HB March 13,2013 Merrill Seiler FW Service Request Closed-Example service request notification indicating the communication to the service request originator that a service request is closed. March 19,2013 Victoria Raymond Master Specification,Section 02999,Temporary Handling of Sewage Flow March 31,2006 Dindo Carrillo Obligations in ECAP for WDR and SSMP1.xlsx March 7,2013 Dindo Carrillo OCSD 2010 WDR Audit Report Final October 17,2010 Dindo Carrillo Jim Burror;Ted OCSD CCTV Database Project,Available CCTV Video Survey Map April 11,2012 Gerber OCSD Collections Metrics Report March 21,2013 Alex Rampley OCSD Comprehensive Annual Financial Report June 30,2012 OCSD Website OCSD Design and Construction Requirements for Sanitary Sewers October 2012 Jim Burror OCSD Fact Sheet:Core Elements of Fats,Oils,and Grease (FOG)Ordinance OCSD-25 Not Dated OCSD Website OCSD Fact Sheet: Design Guidelines for Grease Interceptors Not Dated OCSD Website OCSD Fact Sheet: Fats,Oils,and Grease(FOG) Definitions Not Dated OCSD Website OCSD Fact Sheet: Fats,Oils,and Grease(FOG) Issues, Frequently Asked Questions Not Dated OCSD Website OCSD Fact Sheet: Fats,Oils,and Grease(FOG)Source Control Program Not Dated OCSD Website OCSD Fact Sheet: FOG Source Control Program Frequently Asked Questions(FAQs) Not Dated OCSD Website OCSD Fact Sheet: Food Service Waste Reduction Not Dated OCSD Website OCSD Fact Sheet:General Best Management Practices for Fats,Oils,and Grease Not Dated OCSD Website OCSD Fact Sheet:Grease Interceptors Not Dated OCSD Website OCSD Fact Sheet: Kitchen Best Management Practices(BMPs)for FOG Not Dated OCSD Website OCSD Fact Sheet: Managing Food Materials Not Dated OCSD Website OCSD Fact Sheet: Prohibitions Relating to Discharge of Fats, Oils,and Grease(FOG) Not Dated OCSD Website April 2013 Return to Mends Report Orange County Sanitation District WDR Audit WDR Audit Findings FINAL Document Date Source OCSD Fact Sheet: Restaurant Oil and Grease Rendering Not Dated OCSD Website OCSD First Quarter Financial Report September 30,2012 OCSD Website OCSD Mechnical Maintenance Division 850,Predictive Maintenance Program Master Plan, FY2012-15 Not Dated Santiago Escobar OCSD Open Work Orders Report March 21,2013 Alex Rampley OCSD Overview Organization Chart January 29, 2013 Dindo Carrillo OCSD Proposed Budget FY2010-11&FY2011-12 June 23,2010 John Gonzalez OCSD Proposed Budget FY2012-13&FY2013-14 June 27,2012 OCSD Website OCSD Rates and Fees Effective July 1, 2012-June 30, 2013 OCSD Website OCSD Wastewater Revenue and Rate Study January 2013 Jim Burror OCSD,0&M Vibration Diagnostic Report,Westside Pump Station February 26,2013 Santiago Escobar OCSD,Pump Stations-Machinery Condition Based Monitoring Monthly Report March 2013 Santiago Escobar Orange County Santa Ana Region,Sanitary Sewer Overflow Reporting Guidelines June 19,2008 Dindo Carrillo Organization Chart-Facilities and Support Services Division February 22,2013 Nick Arhontes Organization Chart-Functional-Division 343 February 22,2013 Nick Arhontes Quarterly Stakeholder Meeting Agendas and Meeting Summaries CY2011-12 Dindo Carrillo Responsibility for Maintenance and Repair of Lateral July 7,2011 Jim Burror Responsibility for Maintenance and Repair of Lateral May 31,2012 Alondra Martinez Revised Sewer System Management Plan and Supporting Appendices March 28,2012 OCSD Website Sanitary Sewer Overflow documentation for all events between January 1,2011 and December 31, 2012 Provided March 4,2013 Dindo Carrillo Sewer Connection Application and Permit Not dated Wendy Smith SP-151 Asset Management Study April 3,2012 Jim Burror Standard Operating Procedure 870-GEN-01,Spill Containment,Task Procedure Analysis Worksheet December 21,2005 John Gonzalez Standard Operating Procedure 870-GEN-08(Rev 1),Sanitary Sewer Overflow Response, Task Procedure Analysis Worksheet January,27,2009 John Gonzalez Carla Dillon; Riaz Update of Lido Pump Station Failure Not Dated Moinuddin April 2013 45 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary AQMD Air Quality Management District ASCE American Society of Civil Engineers BOO Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) 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 OOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. 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 (DIT) — the dilution at which the majority of the people detect the odor becomes the D(f for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect'). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NOMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. 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.