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HomeMy WebLinkAbout11-07-2018 Operations Committee Meeting Agenda Packet Orange County Sanitation District Jp�1 SANir,,o Wednesday, November 7, 2018 Regular Meeting of the "a 5:00 P.M. OPERATIONS COMMITTEE e 9 Administration Building Board Room 10844 Ellis Avenue 9of°r"� THE EH�P Fountain Valley, CA 92708 (714) 593-7433 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker's Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by the Chairman and are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. CONSENT CALENDAR: The Consent Calendar Items are considered routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve Minutes of the Regular meeting of the Operations Committee held on October 3, 2018. 2. CATERPILLAR, MODEL XQ570 TRAILER MOUNTED MOBILE DIESEL GENERATOR (Ed Torres) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Purchase Order contract to Quinn Power Systems for the purchase of a Caterpillar, Model XQ570 Trailer Mounted Mobile Diesel 500 kW Generator, (Tier-4 Final Engine), using the Sourcewell (formerly National Joint Powers Alliance) Cooperative Contract Number#120617-CAT with Caterpillar, 11/07/2018 Operations Committee Agenda Page 1 of 5 for an amount not to exceed $299,920, in accordance with Ordinance No. OCSD-52, Section 2.03(B), Cooperative Purchases; and B. Approve a contingency of $14,996 (5%). 3. PUMP STATIONS CRITICAL BREAKER PROCUREMENT, PROJECT NO. MP-503 (Ed Torres) RECOMMENDATION: A. Approve a Purchase Order contract to Advanced Electrical and Motor Controls for the purchase of critical circuit breakers (quantity of 21), for ten (10) Pump Stations per Specification No. E-2018-981, for a total amount not to exceed $103,567; and B. Approve a contingency of $3,106 (3%). 4. CITY OF SEAL BEACH ADOLFO LOPEZ PUMP STATION ODOR CONTROL FACILITY (Ed Torres) RECOMMENDATION: Recommend to the Board of Directors to: Approve a Site Access and License Agreement with the City of Seal Beach to construct an odor control chemical dosing station for the injection of chemicals into the Knott Interceptor at 1776 Adolfo Lopez Drive, in a form approved by General Counsel. 5. SOUTHERN CALIFORNIA EDISON - AMENDMENT NO. 3 TO THE AS-AVAILABLE CAPACITY AND ENERGY POWER PURCHASE AGREEMENT (Ed Torres) RECOMMENDATION: Recommend to the Board of Directors to: Approve Amendment No. 3 to the As-Available Capacity and Energy Power Purchase Agreement with Southern California Edison Company, to allow the Orange County Sanitation District to receive monthly sale statements from Southern California Edison Company through the electronic mail system. 6. CLIMATE RESILIENCY STUDY - PROJECT NO. SP-152 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a budget increase of $288,000 for the Climate Resiliency Study, Project No. SP-152, for a total budget of $878,000; B. Approve a Professional Services Agreement with Hazen and Sawyer to provide engineering services for the Climate Resiliency Study, Project No. SP-152, for an amount not to exceed $697,952; and 11/07/2018 Operations Committee Agenda Page 2 of 5 C. Approve a contingency of $69,795 (10%). 7. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres) RECOMMENDATION: Receive and file the Fiscal Year 2018/19 First Quarter Odor Complaint Summary. 8. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Capital Improvement Program Contract Performance Report for the period ending September 30, 2018. 9. SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Tharsos, Inc. for Safety Improvements Program: Roof Fall Protection and Walkway Hazards at Plant Nos. 1 and 2, and Safety Improvements at SARI Metering Station, College Avenue, Lido, Main Street, `A' Street, 15t" Street, Rocky Point and Crystal Cove Pump Stations, Contract No. J-126PQ; B. Award a Construction Contract to Tharsos, Inc. for the Safety Improvements Program: Roof Fall Protection and Walkway Hazards at Plant Nos. 1 and 2, and Safety Improvements at SARI Metering Station, College Avenue, Lido, Main Street, `A' Street, 15t" Street, Rocky Point and Crystal Cove Pump Stations, Contract No. J-126PQ, for a total amount not to exceed $786,000; and C. Approve a contingency of $78,600 (10%). NON-CONSENT: 10. CONSOLIDATED DEMOLITION AND UTILITY IMPROVEMENTS AT PLANT NO. 2, PROJECT NO. 132-110 (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: Approve a contingency increase of$836,500 (5%)to the construction contract with Flatiron West, Inc. for Consolidated Demolition and Utility Improvements at Plant No. 2, Project No. P2-110, for a total contingency of $2,174,900 (13%). 11. TRUCK LOADING BAY ODOR CONTROL AT PLANT NO. 2, CONTRACT NO. 132-92A (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: Approve a contingency increase of $132,160 (4%) to the construction contract with Kiewit 11/07/2018 Operations Committee Agenda Page 3 of 5 Infrastructure West Co. for Truck Loading Bay Odor Control at Plant No. 2, Contract No. P2-92A, for a total construction contingency of $462,560 (14%). 12. AGREEMENT FOR THE PURCHASE OF LIQUID CATIONIC POLYMER CHEMICAL (Ed Torres) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Sole Source Chemical Supplier Agreement to SNF Polydyne, Inc., for the purchase of Liquid Cationic Polymer, for the period beginning February 1, 2019 through January 31, 2020 for a unit price of$2.782 per active pound delivered for Solution Polymer (WE-192) including freight plus applicable sales tax, and $2.552 per active pound delivered for Mannich Polymer (C-331) including freight plus applicable sales tax, and $2.947 per active pound delivered for Emulsion Polymer (WE-1328) including freight plus applicable sales tax, and $2.947 per active pound delivered for Emulsion Polymer (WE-1233; full liquid) including freight plus applicable sales tax, and $3.265 per active pound delivered for Emulsion Polymer (WE-1233; <40k lb.) including freight plus applicable sales tax, for total estimated annual amount of $608,000; B. Authorize General Manager to negotiate and subsequently approve new unit prices with an estimated additional amount of $2,302,000 with SNF Polydyne, Inc. for new cationic polymers that will be developed based on cationic polymer specifications for the new centrifuges for the period February 1, 2019 through January 31 , 2020, not to exceed amount estimated $2,910,000; and C. Approve an annual unit price contingency of 10% for item B. INFORMATION ITEMS: 13. ORANGE COUNTY SANITATION DISTRICT RESEARCH PROGRAM (Rob Thompson) DEPARTMENT HEAD REPORTS: CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: 11/07/2018 Operations Committee Agenda Page 4 of 5 ADJOURNMENT: The next Operations Committee meeting is scheduled for December 5, 2018 at 5:00 p.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at(714)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore, MMC Clerk of the Board (714)593-7433 kloreAocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherberg(o-)ocsd.com Assistant General Manager Rob Thompson (714)593-7310 rthompson(cDocsd.com Assistant General Manager Lorenzo Tyner (714)593-7550 Ityner(@ocsd.com Director of Operations& Ed Torres (714)593-7080 etorres(oocsd.com Maintenance 11/07/2018 Operations Committee Agenda Page 5 of 5 ITEM NO. 1 MINUTES OF THE OPERATIONS COMMITTEE Orange County Sanitation District Wednesday, October 3, 2018, 5:00 p.m. A regular meeting of the Operations Committee was called to order by Board Vice-Chairman Shawver on Wednesday, October 3, 2018 at 5:01 p.m. in the Administration Building. Director Tim Shaw led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Denise Barnes Jim Herberg, General Manager Allan Bernstein Rob Thompson, Assistant General Manager Robert Collacott Lorenzo Tyner, Assistant General Manager Steve Jones Celia Chandler, Director of Human Resources Sandra Massa-Lavitt (Alternate) Ed Torres, Director of Operations & Maintenance Scott Peotter Kelly Lore, Clerk of the Board Tim Shaw Rod Collins Fred Smith Ron Coss Michelle Steel Raul Cuellar Mariellen Yarc Don Cutler Greg Sebourn, Board Chair Mike Dorman David Shawver, Board Vice-Chair Marc Dubois Dean Fisher COMMITTEE MEMBERS ABSENT: Alfredo Garcia Phil Hawkins Richard Leon John Withers, Chair Rebecca Long Mark Manzo Laura Maravilla Kathy Millea Jeff Mohr Adam Nazaroff Man Nguyen Sang Paik John Swindler Eros Yong OTHERS PRESENT: Brad Hogin, General Counsel Bob Ooten, Alternate Director (CMSD) PUBLIC COMMENTS: None. 10/03/2018 Operations Committee Minutes Page 1 of 7 REPORT OF COMMITTEE CHAIR: Board Vice-Chair Shawver did not provide a report. REPORT OF GENERAL MANAGER: General Manager Jim Herberg announced that the Nerissa tour scheduled for October 25th has been cancelled due to servicing of the vessel; a future date will be announced when back in service. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, and DULY CARRIED TO: Approve Minutes of the September 5, 2018 Operations Committee Meeting. AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Shaw, Shawver, F. Smith, and Steel NOES: None ABSTENTIONS: None ABSENT: Hawkins, Sebourn, Withers, and Yarc 2. SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126 (Rob Thompson) MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Olsson Construction, Inc. for Safety Improvements Program: Roof Fall Protection and Walkway Hazards at Plants 1 and 2, and Safety Improvements at SARI Metering Station, College Avenue, Lido, Main Street, `A' Street, 15th Street, Rocky Point and Crystal Cove Pump Stations, Contract No. J-126JK; B. Award a Construction Contract to Olsson Construction, Inc. for the Safety Improvements Program: Roof Fall Protection and Walkway Hazards at Plants 1 and 2, and Safety Improvements at SARI Metering Station, College Avenue, Lido, Main Street, `A' Street, 15th Street, Rocky Point and Crystal Cove Pump Stations, Contract No. J-126JK, for a total amount not to exceed $3,637,601; and C. Approve a contingency of $363,760 (10%). AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Shaw, Shawver, F. Smith, and Steel NOES: None ABSTENTIONS: None ABSENT: Hawkins, Sebourn, Withers, and Yarc 10/03/2018 Operations Committee Minutes Page 2 of 7 3. SEWER AND EASEMENT RELOCATION WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY (Rob Thompson) MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve easement quitclaims with the Orange County Transportation Authority for abandoned sewer easements; and B. Approve and enter into a Consent to Common Use Agreement with the State of California, in a form approved by General Counsel. AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Shaw, Shawver, F. Smith, and Steel NOES: None ABSTENTIONS: None ABSENT: Hawkins, Sebourn, Withers, and Yarc 4. ON-CALL MAINTENANCE AND REPAIR SERVICES MASTER CONTRACTS - SPECIFICATION NO. S-2018-942BD (Ed Torres) MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve Master Services Contracts to provide on-call maintenance & repair services, Specification No. S-2018-942BD, for a one-year period effective December 1, 2018 through November 30, 2019; and approve two (2) one- year renewal options, in accordance with Ordinance OCSD-52, Section 2.03 (F), with the following seven qualified firms, for bids less than $300,000: 1. Jamison Engineering Contractors, Inc. 2. Charles King Company 3. AECOM Energy & Construction, Inc. 4. W.A. Rasic Construction Company, Inc. 5. J.R. Filanc Construction Company 6. O'Connell Engineering & Construction Inc. 7. Innovative Engineering and Maintenance B. Authorize the General Manager to add or delete firms as necessary to maintain a qualified base of up to seven firms in accordance to Request for Qualifications Specification No. S-2018-942BD. AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Shawver, F. Smith, and Steel NOES: None ABSTENTIONS: None ABSENT: Hawkins, Sebourn, Shaw (Non-Participant - Levine Act disclosure), Withers, and Yarc 10/03/2018 Operations Committee Minutes Page 3 of 7 5. SOLE SOURCE PURCHASE OF TWO (2) TEFC MOTOR CLOSE COUPLED PUMPS FOR STEVE ANDERSON LIFT STATION (Ed Torres) MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order Contract to Flo-Systems, Inc. for the purchase of two (2) Totally Enclosed Fan Cooled (TEFC) Motor Close Coupled Pumps from Hidrostal for the Steve Anderson Lift Station for $369,960, delivered, plus applicable sales tax; and B. Approve a contingency to Flo-Systems, Inc. for $11 ,099 (3%). AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Shaw, Shawver, F. Smith, and Steel NOES: None ABSTENTIONS: None ABSENT: Hawkins, Sebourn, Withers, and Yarc 6. TOSHIBA 12KV CIRCUIT BREAKER PURCHASE, SPECIFICATION NUMBER E-2018-963BD (Ed Torres) MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: A. Award a purchase order to Superior Electric Motor Services for the replacement of ten (10) Toshiba HVK 12Kv circuit breakers, Specification No. E-2018-963BD, for the Plant No. 1 Central Generation Facility for a total amount not to exceed $194,880; and B. Approve a contingency of $9,744 (5%) AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Shaw, Shawver, F. Smith, and Steel NOES: None ABSTENTIONS: None ABSENT: Hawkins, Sebourn, Withers, and Yarc 7. OUT OF SERVICE AREA SEWER SERVICE AGREEMENT AMENDMENT WITH IRVINE RANCH WATER DISTRICT FOR THE EL MORRO ELEMENTARY SCHOOL AND MORO CAMPGROUND (Rob Thompson) MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: Approve the Amended and Restated Out of Service Area Sewer Service Agreement for the El Morro Elementary School and Moro Campground, between the Irvine Ranch Water District and the Orange County Sanitation District, in a form approved by General Counsel. AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Shaw, Shawver, F. Smith, and Steel 10/03/2018 Operations Committee Minutes Page 4 of 7 NOES: None ABSTENTIONS: None ABSENT: Hawkins, Sebourn, Withers, and Yarc Director Yarc and Board Chair Sebourn arrived at the meeting at 5:04 p.m. during the discussion on Item No. 8. NON-CONSENT: 8. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT ACTIVATED SLUDGE PLANT No. 1, PROJECT NO. P1-129 (Rob Thompson) Assistant General Manager Rob Thompson provided a PowerPoint presentation and provided information as to the budget increase being requested. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: Approve a budget increase of$1,100,000 for Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for a total budget amount of $9,000,000. AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Shawver, F. Smith, Steel and Yarc NOES: None ABSTENTIONS: Sebourn ABSENT: Hawkins, Shaw (Non-Participant - Levine Act disclosure) and Withers Board Vice-Chair Shawver turned the meeting over to Board Chair Sebourn who presided for the balance of the meeting. 9. HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE REALIGNMENT PROGRAM, PROJECT NO. P1-128 (Rob Thompson) Assistant General Manager Rob Thompson provided a PowerPoint presentation regarding the item and responded to questions from the Committee. The Committee requested an Ad Hoc Committee be created to review the Design of the Headquarters Complex. The Board Chair directed staff to reach out to Committee members who expressed interest to choose a date for the first meeting. Suggestions regarding the design were provided and will be forwarded to the Ad Hoc Committee when developed. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: Designate the currently-owned properties at 18475 Pacific Street, 18484 Bandilier Circle, 18429 Pacific Street, 18368-18375 Bandilier Circle, and 18410-18436 Bandilier Circle as the preferred alternative for the Headquarters Building, with a pedestrian bridge to Plant No. 1. 10/03/2018 Operations Committee Minutes Page 5 of 7 AYES: Barnes, Bernstein, Collacott, S. Jones, Massa-Lavitt (Alternate), Peotter, Sebourn, Shaw, Shawver, F. Smith, Steel and Yarc NOES: None ABSTENTIONS: None ABSENT: Hawkins and Withers Director Steel departed the meeting at 5:23 p.m. INFORMATION ITEMS: 10. CYBER SECURITY UPDATE (Lorenzo Tyner) John Swindler, IT Systems & Operations Manager; Sang Paik, Principal IT Analyst; and Man Nguyen, IT Analyst III, provided an informative PowerPoint Presentation regarding Cyber Security including: Cyber trends; IT Security in the Public Sector; Risk and Security Assessments; Threat Intelligence; OCSD Security Awareness & Training Program; Incident response; and best practices. Director S. Jones departed the meeting at 5:46 p.m. 11. ORANGE COUNTY SANITATION DISTRICT SAFETY AND SECURITY (Celia Chandler) Rod Collins Safety and Risk Management Supervisor provided an informative PowerPoint Presentation regarding the programs of OCSD safety and security including: Risk Identification; Facility Wide Safety Assessment and improvements made; OSHA required training; Voluntary Protection Program; physical security; contract security services; and centralized monitoring station. Director Peotter departed the meeting at 5:50 p.m. DEPARTMENT HEAD REPORTS: Mr. Herberg reminded the Directors that the State of the District will be held on October 19th at Mile Square Golf Course and encouraged everyone to attend. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. 10/03/2018 Operations Committee Minutes Page 6 of 7 ADJOURNMENT Board Chairman Greg Sebourn declared the meeting adjourned at 6:03 p.m. to the next meeting of Wednesday, November 7, 2018 at 5:00 p.m. Submitted by, Kelly A. Lore, MMC Clerk of the Board 10/03/2018 Operations Committee Minutes Page 7 of 7 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/07/1 8 i1/i�2s/ia AGENDA REPORT Item Number Item Number 2 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: CATERPILLAR, MODEL XQ570 TRAILER MOUNTED MOBILE DIESEL GENERATOR GENERAL MANAGER'S RECOMMENDATION A. Approve a Purchase Order Contract to Quinn Power Systems for the purchase of a Caterpillar, Model XQ570 Trailer Mounted Mobile Diesel 500 kW Generator, (Tier-4 Final Engine), using the Sourcewell (formerly National Joint Powers Alliance) Cooperative Contract Number #120617-CAT with Caterpillar, for an amount not to exceed $299,920, in accordance with Ordinance No. OCSD-52, Section 2.03(B), Cooperative Purchases; and B. Approve a contingency of $14,996 (5%). BACKGROUND The Orange County Sanitation District (Sanitation District) utilizes trailer mounted, standby generator systems to provide critical power generation to the pump stations during planned or emergency power outages and bypass pumping activities, in both the collections systems and treatment plants. There is insufficient standby generator capacity to support several of the Sanitation District's pump stations. RELEVANT STANDARDS • Achieve less than 2.1 sewer spills per 100 miles • Comply with environmental permit requirements • Meet or exceed sanitary sewer overflow regulations • Commitment to safety & reducing risk in all operations PROBLEM In the event of an extended power outage, including planned outages for maintenance activities, the Sanitation District utilizes standby generators at the pump stations to ensure against a sewer spill. Currently, not all pump stations have emergency standby generators on-site and the portable generators owned by the Sanitation District do not have the capacity needed to power the three largest pump stations: Bitter Point, Seal Beach, and Main Street. Page 1 of 2 PROPOSED SOLUTION Staff recommends the purchase of one (1) 500-kW trailer mounted emergency generator utilizing the Cooperative Contract with Sourcewell. The 500-kW generator has the capacity to operate as a single unit or in parallel with another trailer-mounted generator to provide adequate power to the three largest pump stations or to the treatment plant facilities. TIMING CONCERNS By having immediate access to the equipment needed, staff can mobilize quickly and efficiently, minimizing the risk of a sewer spill due to a loss of power at the pump station. RAMIFICATIONS OF NOT TAKING ACTION While 500-kW generators are available via rental equipment, portable generators of this capacity are not commonly available. Depending on the availability of a rental in an emergency is not advisable as time lost trying to secure proper equipment could result in a sewer spill or increase the magnitude and impact of a spill. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Cooperative Contract discount through Sourcewell is 23%. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in the FY18/19 budget, Operations and Maintenance, Division 822 (Section 8, Page 96). Date of Approval Contract Amount Contingency 11/07/2018 $299,920 $14,996 (5%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A RB:CL:sr Page 2 of 2 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/07/18 AGENDA REPORT Item Number Item Number 3 -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: PUMP STATIONS CRITICAL BREAKER PROCUREMENT, PROJECT NO. MP-503 GENERAL MANAGER'S RECOMMENDATION A. Approve a Purchase Order contract to Advanced Electrical and Motor Controls for the purchase of critical circuit breakers (quantity of 21), for ten (10) Pump Stations per Specification No. E-2018-981 , for a total amount not to exceed $103,567; and B. Approve a contingency of $3,106 (3%). BACKGROUND Fifteen off-site sewage pump stations lift the wastewater within the collection system to convey to the Orange County Sanitation District's (Sanitation District) treatment plants. Circuit breakers are part of the pump stations' power distribution equipment and serve as protective devices to quickly isolate faults in an electrical power system. These devices are designed to continuously monitor electrical circuits for problems (like short circuits) over the decades-long lifespan of the equipment. Yet, if a problem arises at any time, the circuit breakers must reliably trip in split-seconds to prevent injury to personnel and reduce damage to equipment. It is therefore necessary to periodically test the devices to ensure that they will work when required. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • 24/7/365 treatment plant reliability • Maintain a proactive asset management program PROBLEM Off-site Pump Station electrical power distribution equipment will be undergoing maintenance activities, including critical circuit breaker electrical tests and current injection tests. Circuit breakers that fail testing are considered defective and would require replacement or repairs causing expensive downtime and bypass pumping of Pump Stations. The majority of critical circuit breakers are long lead items requiring 2-14 weeks delivery. Page 1 of 3 PROPOSED SOLUTION Staff recommends purchasing and pre-positioning critical circuit breakers in advance to allow the replacements of defective circuit breakers thereby eliminating or reducing the duration of by-pass pumping. Staff has identified twenty-one (21) critical circuit breakers, affecting 10 off-site pump stations, that need to be readily available in case a breaker fails testing. TIMING CONCERNS Proceeding in a timely fashion is desired to support pump station equipment maintenance and testing. RAMIFICATIONS OF NOT TAKING ACTION Not taking action will potentially cause disruption or prolonged outage of a pump station. Prolonged outages are costly, requiring bypass pumping and temporary power set-up as the circuit breakers are considered critical electrical assets for normal operation of the pump stations and for protecting and isolating electrical faults in power distribution equipment. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Sanitation District issued a Notice Inviting Bids on August 28, 2018 for the purchase of critical circuit breakers for the ten pump stations. Two (2) sealed bids were received on September 25, 2018. The bids were evaluated in accordance with the Sanitation District's policies and procedures. The lowest Bid received (submitted by Walters Wholesale Electric Co.) was considered as non-responsive as they did not provide a bid for all the required items in the specification. Therefore, staff recommends awarding a purchase order contract to the lowest responsive and responsible bidder, Advanced Electrical and Motor Controls, for Purchase of Critical Circuit Breakers for 10 Pump Stations. Summary information of the bids received is as follows: Bidder Amount Walters Wholesale Electric Co. $96,226.45 (Non-Responsive) Advanced Electrical and Motor Controls $103,566.19 A contingency of 3% is recommended because of the potential need for additional breaker components or breaker trip units. Page 2 of 3 CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in the FY18/19 budget, Operations and Maintenance (Line item: Repairs and Maintenance, Section 6, Page 76). Date of Approval Contract Amount Contingency 11/07/2018 $103,567 $3,106 (3%) ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A Page 3 of 3 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/07/1 8 i1/i�2s/ia AGENDA REPORT Item Number Item Number 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: CITY OF SEAL BEACH ADOLFO LOPEZ PUMP STATION ODOR CONTROL FACILITY GENERAL MANAGER'S RECOMMENDATION Approve a Site Access and License Agreement with the City of Seal Beach to construct an odor control chemical dosing station for the injection of chemicals into the Knott Interceptor at 1776 Adolfo Lopez Drive, in a form approved by General Counsel. BACKGROUND To reduce odor nuisances in the collection system, the Orange County Sanitation District (Sanitation District) implemented an odor and corrosion control program, which includes the application of chemicals to minimize hydrogen sulfide (1-12S.) The Sanitation District currently treats the Westminster sewer with a continuous feed of magnesium hydroxide at the Seal Beach Pump Station to minimize potential odor impacts on the surrounding communities. RELEVANT STANDARDS • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • 12 or fewer odor complaints per year under normal operating conditions in the collections system PROBLEM High levels of H2S vapor in the western part of the Westminster and Knott sewers has the potential to cause odor nuisances and complaints in the cities of Seal Beach and Westminster. PROPOSED SOLUTION Staff recommends the addition of a chemical dosing station at the Adolfo Lopez Pump Station in the City of Seal Beach. The addition of this application site will address odors along the Knott sewer. Page 1 of 2 RAMIFICATIONS OF NOT TAKING ACTION If not approved, the western portions of the Westminster and Knott sewers will experience elevated 1­12S levels, with a potential for odor complaints and accelerated corrosion. CEQA The Sanitation District is the lead agency and has determined this project required CEQA documentation for consideration and filed the Sanitation District's Addendum No. 5 to the Supplemental Environmental Impact Report for the Final Effluent Pump Station Annex and Collection System Odor& Corrosion Control Program, dated May 2, 2018, and Board approved on May 23, 2018 (Item No. 2) to accommodate odor and corrosion control chemical addition at City of Seal Beach Adolfo Lopez Pump Station. FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Site Access and License Agreement Page 2 of 2 SITE ACCESS AND LICENSE AGREEMENT (Adolfo Lopez Pump Station) This Site Access and License Agreement dated , 2018 ("Effective Date"), is entered into by and between the Orange County Sanitation District ("OCSD"), and City of Seal Beach ("CSB"). OCSD and CSB are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties." This Site Access and License Agreement is sometimes hereinafter referred to as "License Agreement" or "Agreement." A. OCSD is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, and is responsible for safely collecting, treating, and disposing of wastewater generated by more than 2.5 million people living and working in Orange County; and B. CSB is a charter city duly organized and operating under the laws of the State of California which operates a sanitation district that is responsible for residential trash collection and transmittal to a recycling facility for recycling and disposal. The CSB also provides liquid waste collection and transmission to OCSD facilities for treatment and disposal; and C. CSB owns and operates the Adolfo Lopez Pump Station, the real property being located at 1776 Adolfo Lopez Drive, Seal Beach, CA 90740, City's Maintenance Yard, commonly known as the Adolfo Lopez Pump Station (collectively the "Property") and depicted on the site map and project area attached hereto as Exhibit "A;" and D. OCSD previously conducted a demonstration study at the Property to evaluate the effectiveness of utilizing calcium nitrate added to wastewater to reduce odor and corrosion in wastewater by utilizing the Adolfo Lopez Pump Station; and E. Based on the results of this demonstration study, OCSD desires to use the Property as an odor treatment facility ("Facility"); and F. As a reflection of its shared interest in treating sewage for the benefit of the public's health, safety, and welfare, CSB intends to allow OCSD access to the Property. NOW, THEREFORE, in consideration of the mutual obligations, representations, and promises contained in this Site Access and License Agreement, OCSD and CSB hereby agree as follows: 1. Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that they are bound by the same. 2. Grant of Revocable License/Site Access. 1344748.1 A. License. CSB hereby grants OCSD (and its consultants, contractors, subcontractors, and/or agents ("Authorized Personnel") a revocable license to use, access and enter upon the portion of the Property depicted in Exhibit "A", for the purpose of establishing, operating, and maintaining the Facility, as may be reasonably necessary or convenient for OCSD's wastewater odor control program. This Agreement is intended and shall be construed as a non- exclusive license to enter upon, install, operate and maintain the Facility at the Property, and not as a grant of easement or other interest in the Property. Except as expressly set forth herein, no other rights are created by this Agreement. B. The Facility. As used in this Agreement, the Facility includes one tank, a chemical dosing enclosure, and a conduit that will carry odor control chemicals from the tank to the existing wet well at the Property. OCSD will install the conduit through the Manhole and into the sewer line to transport ferrous chloride and/or calcium nitrate and/or magnesium hydroxide for delivery within OCSD's lines downstream of the Property. 3. Term. This Agreement will commence as of the Effective Date and remain in effect for a term of ten years, unless sooner terminated by either Party in accordance with Section 14 of this License Agreement. 4. Equipment. OCSD may bring onto the Property and install such equipment or machinery as may be reasonably necessary or convenient to conduct the intended odor control measures. 5. Reservation of Rights/Mutual Non-Interference. During the term of this Agreement, the Parties will jointly use the Property, and in doing so intend to avoid interfering with the use, operation, and maintenance of the other Party's facilities, except as specifically set forth in this Agreement. A. Reservation of Rights. As provided in Recitals B and C, CSB owns and operates its Maintenance Yard and Adolfo Lopez Pump Station on the Property. At all times, CSB's operations of the Maintenance Yard and Adolfo Lopez Pump Station are and shall remain the primary activities upon the Property. During the term of this Agreement, CSB reserves the right to use, and to allow others to use, the Property for its Maintenance Yard and Adolfo Lopez Pump Station, and for any and all lawful municipal and other governmental purposes in addition to, but not limited to, any of CSB's operations, together with incidental rights of construction and installation of facilities, ingress and egress, and operation and maintenance. CSB further reserves the right to take any actions on the Property, or to cause any third parties to take any actions on the Property, that CSB deems reasonably necessary, in its sole discretion, to carry out any municipal and/or other governmental functions and/or to allow any other lawful governmental purposes, and to repair, maintain, alter, or improve its facilities and/or the Property for such other municipal and/or other governmental purposes. CSB's exercise of the rights reserved herein shall not be deemed inconsistent with OCSD's use of the Property pursuant to this Agreement or constitute 1344748.1 interference with the Facility or the license granted pursuant to this Agreement. B. Noninterference by OCSD. Except as detailed on the attached Exhibits "B" and "C" and subject to CSB's reservation of rights pursuant to Subsection A, OCSD shall not interfere with CSB's operations at the Property, as described in Subsection A. OCSD shall give CSB at least two business days' notice prior to entering the Property for regular maintenance, or provide a schedule of regular maintenance that would eliminate the need for additional notice. In the event of an emergency, OCSD will provide CSB with as much notice as possible prior to entering the Property. C. Noninterference by CSB. Subject to CSB's reservation of rights pursuant to Subsection A, or upon the express written consent of OCSD, CSB shall not (i) tamper with, alter, or damage the Facility or interfere with or obstruct OCSD's activities with respect to the Facility performed in accordance with the terms of this Agreement; or (ii) cause or permit interference or obstruction of the Facility by CSB's lessees, licensees, or agents to the extent within CSB's reasonable control. To the extent reasonably feasible, CSB will give OCSD at least two business days' notice prior to any action that would interfere with the operation of the Facility and will reasonably cooperate with OCSD to carry out such activities with a minimum amount of interference with the Facility. 6. Indemnity. OCSD acknowledges that CSB would not have entered into this Agreement in the absence of the commitment of OCSD to indemnify and protect CSB and the Indemnitees, as set forth in this Agreement. A. Indemnity for Design Professional Services and Other Professional Services. To the fullest extent permitted by law, OCSD shall, at its sole cost and expense, indemnify and hold harmless CSB, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CSB agents serving as independent contractors in the role of CSB officials (collectively "Indemnitees" in this Section 6), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of OCSD, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that OCSD shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c), or in the performance of other professional services under this Agreement. Any Claims arising out of design professional services shall be on a reimbursement basis. Notwithstanding the foregoing and as required 1344748.1 by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to OCSD exceed OCSD's proportionate percentage of fault. B. Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, OCSD shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of OCSD, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that OCSD shall bear the legal liability thereof) in the performance of this Agreement except for Damages arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. OCSD shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. OCSD shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith, unless it is determined by final arbitration, court decision, or agreement of the Parties that Indemnitees are solely responsible for the Damages. C. Subcontractor Indemnification. OCSD shall obtain executed indemnity agreements with provisions identical to those in this Section 6 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of OCSD in the performance of this Agreement. If OCSD fails to obtain such indemnities, OCSD shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of OCSD's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that OCSD's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, except for Claims or Damages arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. D. The obligations of OCSD under this or any other provision of this Agreement shall not be limited by the provisions of any workers' 1344748.1 compensation act or similar act. OCSD expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. OCSD's indemnity obligation set forth in this Section 6 shall not be limited by the limits of any policies of insurance required or provided by OCSD pursuant to this Agreement. E. OCSD's and CSB's covenants under this Section 6 shall survive the expiration or termination of this Agreement. 7. Restoring Condition of Property. OCSD shall maintain the Facility in an orderly manner while they are located on the Property, and shall remove all debris, trash, equipment, and other materials used by OCSD immediately upon completion of installation of Facility and/or regular maintenance efforts. Additionally, OCSD shall, to the extent feasible, at the completion of each day's work, restore the Property to as close to the same condition as it existed at the commencement of that day. Upon expiration or termination of this Agreement, OCSD shall, to the extent feasible, restore the Property to as close to its original condition as it existed prior to installation of the Facility on the Property. 8. Original Condition of Property. CSB makes no warranty as to the fitness of the Property for the purposes intended by OCSD or for any purpose whatsoever. CSB, to the best of its knowledge, is not aware of any hazardous materials or environmental contamination on the Property. OCSD accepts the Property conditions as they may exist from time to time without any representation or warranty from CSB, and without any duty of CSB to warn of any conditions. Accordingly, OCSD assumes all risks associated with its entry and presence on the Property and installation and operation of the Facility pursuant to this Agreement. 9. Preparatory Activities and Environmental Compliance. OCSD shall determine the presence or absence of underground utilities and structures prior to conducting subsurface work at the Property, and shall perform all other relevant preparatory work. OCSD shall provide appropriate notification to, and obtain all required permits from, applicable regulatory authorities prior to conducting work at the Property. In accordance with CEQA, OCSD has prepared and certified a 2002 Supplemental Environmental Impact Report for the Final Effluent Pump Station Annex and Collection System Odor & Corrosion Control Program (SCH No. 1997101065) ("SEIR"), and the 2018 Addendum to the SEIR ("2018 Addendum") to address environmental impacts of the Facility and its operations at the Property. A copy of the 2018 Addendum is attached hereto as Exhibit B. Any California Environmental Quality Act (CEQA) requirements will be fully satisfied by the Parties prior to any mobilization, installation and commissioning of the Facility. During the term of this Agreement, OCSD shall install, maintain and operate the Facility, and conduct of all its activities with reference to the Facility, in accordance with all CEQA requirements, including but not limited to all applicable mitigation measures contained in the SEIR and the 2018 Addendum thereto and all other provisions of applicable federal and state law. 1344748.1 10.00SD Promise to Pay— Utilities. CSB will bill OCSD for electricity and water annually under the applicable Tariff. OCSD agrees to reimburse CSB for the actual costs of water, electricity, and other utility services, if any, as used by OCSD. The Parties agree that rates and charges billed to OCSD shall not exceed those that would apply if OCSD were purchasing such utilities directly from SCE and the City of Seal Beach. OCSD shall pay such charges to CSB within 30 days of OCSD's receipt of each annual bill thereof. 11.Transportation/Traffic. Except in cases of emergencies, chemical deliveries at the Adolfo Lopez Pump Station shall only occur Monday through Friday between the hours of 7:30 a.m. and 4:30 p.m. Chemical deliveries will require approximately one to two truck trips per week. OCSD staff and delivery contractors shall have full access to the tank during these times to complete chemical deliveries. The delivery of the chemicals and other activities of OCSD shall not cause traffic along the public streets adjacent to the Property, interfere with access along, to or within the Property, or create lane closures, or result in noise that exceeds City noise levels for activities at the Property. 12.Cost. Any OCSD work performed at, near, beneath, or related to the Facility will be at the sole cost and expense of OCSD. OCSD shall keep the Property free and clear of all liens in any way related to the operation of OCSD's Facility. 13.Insurance. OCSD shall at all times during the term of this License Agreement maintain at its own expense insurance of the types and amounts indicated below. Such insurance shall be in the form and substance satisfactory to CSB, shall be issued by carriers which are authorized to do business in California, and shall be maintained until the term of this License Agreement is ended. OCSD shall cause CSB to be named as an additional insured on each contractor and subcontractor's Comprehensive General Liability insurance policy. A. General Liability. $2,000,000 per occurrence for bodily injury, personal injury, and property damage and $4,000,000 aggregate for bodily injury, personal injury, and property damage. B. Automobile Liability. $2,000,000 combined single limit per accident for bodily injury and property damage, including non-owned and hired vehicles. C. Workers' Compensation. Workers' Compensation, in accordance with the Workers' Compensation Act of the State of California for a minimum of$1,000,000 or such minimum limits as required by the State, whichever is greater. D. Pollution and Environmental Liability. Pollution and environmental liability, including claims arising from the discharge, dispersal release or escape of any irritant or contaminant into or upon the land, any structure, or watercourse, for a minimum of $5,000,000 for any single event. 1344748.1 E. Consultant and Contractor Liability. All consultants, contractors and subcontractors shall be required to provide the same insurance as required of OCSD herein. OCSD shall be responsible for collecting and maintaining all insurance from contractors and subcontractors. OCSD shall ensure that all insurance received from all contractors, subcontractors, and consultants meets and/or exceeds the requirements of the contract as approved by CSB. F. Self-Insure. OCSD may self-insure against any of the risks and liabilities described in this section. If OCSD elects to self-insure, OCSD shall, upon written request from CSB, provide CSB with certificates of insurance and letters of self-insurance describing the insurance and self-insurance carried by OCSD that apply to this Facility. G. The general liability, pollution and environmental liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. CSB, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of CSB officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of OCSD; products and completed operations of OCSD; premises owned, occupied or used by OCSD; or automobiles owned, leased, hired or borrowed by OCSD. The coverage described above in this paragraph shall contain no limitations on the scope of protection afforded to CSB, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of CSB officials which are not also limitations applicable to the named insured. ii. For any claims arising from OCSD's acts or omissions under this License Agreement, OCSD's insurance coverage shall be primary insurance as respects CSB, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of CSB officials. Any insurance or self- insurance maintained by CSB, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of CSB officials shall be excess of OCSD's insurance and shall not contribute with it. iii. OCSD's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of 1344748.1 subrogation against CSB and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CSB officials. V. In the event that any coverage is cancelled, OCSD shall provide written notice by first-class mail to CSB within 30 days of such cancellation, or within 10 days by express overnight mail if cancellation is due to nonpayment of premiums. H. Acceptability of Insurers. Insurance is to be placed with CSAC EIA or insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by CSB's Risk Manager. This provision shall not apply if OCSD elects to self-insure against any of the liabilities described in this License Agreement. I. Verification of Coverage. Prior to OCSD's commencement of any work or services under this Agreement, OCSD shall provide CSB with complete copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, and all "Waiver of Transfer Rights of Recovery Against Others To Us" endorsement forms in favor of CSB. OCSD shall further provide CSB with certified copies of all additional insured endorsements naming the CSB as an additional insured, and all "Waiver of Transfer Rights of Recovery Against Others To Us" endorsement forms in favor of CSB prior to the commencement of any services under this License Agreement. 14.Termination. A. Termination by CSB. i. This Agreement may be terminated by CSB, without cause, upon sixty (60) days' written notice to OCSD, or, with reasonable cause or when necessary to protect the public health, safety and welfare, immediately upon written notice. ii. This Agreement may be terminated by CSB upon ten (10) days' notice to OCSD if OCSD fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this License Agreement. B. Termination by OCSD. i. This Agreement may be terminated by OCSD, without cause, upon sixty (60) days' written notice to CSB, or, based on reasonable cause, upon giving CSB written notice thereof not less than ten (10) days prior to the date of termination. Notice of termination shall be given in accordance with Section 16 of this Agreement. 1344748.1 15.Attorneys' Fees. If either of the Parties is required to engage an attorney or institute an action in order to enforce any of the provisions of this License Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and court costs which may be incurred. 16.Notices. All notices or other communications required or permitted here under shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by recognized overnight courier and shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; or (ii) three (3) business days after the date of posting by the United States Post Office if by mail. Notices or other communications shall be addressed as follows: To District: Orange County Sanitation District Post Office Box 8127 Fountain Valley, CA 92728-8127 Attention: James D. Herberg, General Manager To CSB: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attention: Jill R. Ingram, City Manager 17.Venue. In the event of a dispute regarding performance or interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of California for Orange County. 18.No Third Party Beneficiaries. This Agreement is entered into by and for OCSD and CSB, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. This Agreement is binding upon the Parties and their respective successors, representatives, heirs, and assigns. OCSD shall not assign this Agreement nor any rights hereunder without the prior written consent of CSB, which may be given or withheld in CSB's reasonable discretion. 19. Force Majeure. Except for the payment of money, neither Party shall be liable for any delays or other nonperformance resulting from circumstances or causes beyond its reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third-parties, or any law, order, or requirement of any governmental agency or authority. 20. Governing Law. This Agreement shall be governed by the laws of the State of California. 21. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations and agreements between the Parties pertaining to the subject matter hereof. 1344748.1 22.Waiver. A waiver of a breach of the covenants, conditions or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. 23.Amendments. This Agreement may be modified or amended only by a written document executed by both OCSD and CSB. 24. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 25.Agreement Execution and Authorization. Each of the undersigned represents and warrants that they are duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity on whose behalf they are executing this Agreement. [Signature Page Follows] 1344748.1 IN WITNESS WHEREOF, this Site Access and License Agreement has been executed in the name of the Orange County Sanitation District by its officers, thereunto duly authorized, and executed by the City of Seal Beach as of this day of 2018. ORANGE COUNTY SANITATION DISTRICT By Gregory C. Sebourn, PLS Chair, Board of Directors By Kelly A. Lore, MMC Clerk of the Board APPROVED AS TO FORM: Bradley R. Hogin General Counsel City of Seal Beach By Name: Jill R. Ingram Title: City Manager Attest: By: Robin L. Roberts, City Clerk APPROVED AS TO FORM: By: Craig A. Steele, City Attorney 1344748.1 EXHIBIT "A" It .�� 'tom-•/.��J�� ' ( °.�„ '.� `�� � ._ ! ' - .'�,-1`���` 1��'VGA_. ,•� �Tft&tHTG:Ia4MIJECiION FONT VP IA -�1 t ,w ' �• _roses rA•� ��`r_ �4 ! - � � ���� 2��. I � � � �cise� omroanioari J•'L � f Figure 1: Detail aerial view plan of Adolfo Lopez Pump Station Facility with chemical dosing lines 1344748.1 i\ G i Wiener Nationals, sum"D r. at los Alamitos Race Course 6 30 j �je�rt cl Pe kv Figure 2: Adolfo Lopez Pump Station view from Adolfo Lopez Drive 134474 8.1 400CFo4op ��Ri�F / DISCHARGE LINE SLIP-LINED IN EXISTING SEWER / EXISTING WET WELL / SEAL BEACH ANIMAL MATERIAL ABOVE GROUND DOUBLE \(`) CARE CENTER BINS / CONTAINED DISCHARGE LINE BUILDING / OPTIONAL TRENCHED FEED SYSTEM TO SEWER PAVEDLOT �J z�rr swwFn yr Mman cunw rrtwre st£c zvsrEu s'�m�^� OC�A�OOlfO LOPEZ VS USP DIC�ED''IONICF ND fEElD DRlIF wKl t.w. leclnwlopics ryS�r�plµ NW M SCALE iY SY C-V�D �m M aoim Y! taL 1 06D�f0lCl4i 3 pwVoe Figure 3: Plan view of Adolfo Lopez Pump Station 1344748.1 DISCHARGE LINE DISCHARGE LINE RO SUT"INED IN IRING EXISTING SEWER tiY� <p� EXISTINGWETWELL ENGINEERED CALCIUM NI-E 9y�_ STORAGE AND FEED SYSTEM �b O �Ift O rm P DISCHARGE LINE ROUTING TO THIS POINT WHERE SEWER ENDS. DISCHARGE LINE TRANSITIONS TG TRENCH TO FINAL INJECTION POINT. pltl<ap,� �rbrryb O DISCHARGE LINE ROUTING FINAL INJECTION POINT OCSD ADDLFO LOPEZ PS UTPUSP ENGMEERED STORAGE AND FEED .lOgi_ SYSTEM SITE PLAN NOT TO SCALE 1J02M1H1 OC�ADIXFO IOFQ PS Figure 4: Detail plan view of Adolfo Lopez Pump Station with chemical discharge and slip line 1344748.1 EXHIBIT "B" ADDENDUM NO. 4 TO THE ORANGE COUNTY SANITATION DISTRICT'S SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR & CORROSION CONTROL PROGRAM STATE CLEARINGHOUSE NO.: 1997101065 LEAD AGENCY: Orange County Sanitation District DATE: April 4, 2018 PURPOSE OF ADDENDUM: In November 2002, the Orange County Sanitation District ("Sanitation District") Board of Directors certified the Final Supplemental Environmental Impact Report ("SEIR") for the Final Effluent Pump Station Annex and Collection System Odor& Corrosion Control Program (SCH No. 199710106S). The SEIR supplemented the Program Environmental Impact Report ("PEIR") for the Sanitation District's 1999 Strategic Plan, which was certified in October 1999. (SCH No. 97101065). The 1999 Strategic Plan called for OCSD to begin testing various equipment and techniques to control odors in the Sanitation District's service area. This testing and evaluation proved successful and ultimately led the Sanitation District to install several continuous feed systems in certain locations as part of the Odor and Corrosion Control Program ("Odor Control Program"). The SEIR analyzed the environmental impacts of existing continuous feed systems throughout the Sanitation District's service area and predicted that additional feed systems would be built as appropriate locations were identified. This addendum, prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and its implementing Guidelines (California Code of Regulations Title 14, Chapter 3, Section 15000 et seq.), addresses the addition of a continuous feed chemical dosing station as described in the SEIR. PROJECT DESCRIPTION: Sanitation District's collection system generates odorous gases, primarily hydrogen sulfide, which can be released into the air creating a nuisance to surrounding land uses. To reduce the nuisance, Sanitation District conducts an odor and corrosion control program for the collection system that currently consists of applying chemicals in the upper, middle and lower reaches of the trunk sewer collection system. The application of the various chemicals is applied intermittently to minimize the hydrogen sulfide production as the wastewater is conveyed from the collection system to Sanitation District's treatment plants. The Sanitation District plans to install a chemical dosing station (the "Station") to add calcium nitrate, ferrous chloride, and/or magnesium hydroxide for continuous odor treatment to the Knott 1344748.1 trunk line at Adolfo Lopez Pump Station in the City of Seal Beach ("City"). The Station will be located at City's Maintenance Yard at 1776 Adolfo Lopez Drive, Seal Beach. The pump station is bounded on the south, north, west and east by City's Maintenance Yard and is accessed through a secured gate on Adolfo Lopez Drive. The Station will include the installation and operation of a 7,800-gallon chemical tank, feed system equipment, and feed controls. The purpose is to control hydrogen sulfide (1-12S) vapor and liquid levels to OCSD's level of service (LOS) standards, mitigate odors, and reduce odor complaints. The chemicals that may be used at the Station include, but are not limited to: • Calcium nitrate • Ferrous chloride • Magnesium hydroxide ENVIRONMENTAL IMPACT ANALYSIS: The Sanitation District intends to construct the Station as part of the Sanitation District's Odor and Corrosion Control Program ("Odor Control Program"). In 2002, the Sanitation District prepared a Supplemental Environmental Impact Report ("SEIR") which evaluated many of the impacts associated with the Odor Control Program. The purpose and function of chemical dosing stations are described in Section 2.2 of the SEIR. Environmental impacts associated with the dosing stations are evaluated in Chapter 3 of the SEIR. The SEIR does not include details about this specific station as at the time of certification of the SEIR OCSD had not yet identified an appropriate location for a chemical dosing station in this area. This addendum describes and evaluates the environmental impacts of installing a chemical dosing station at the Adolfo Lopez Pump Station in the City of Seal Beach. Provided below is a review of the conclusions included in the SEIR and an evaluation of the environmental impacts as they pertain to this specific location. Aesthetics: The SEIR concluded that the storage tanks could be visible from adjacent land uses. As such, the tanks should be installed within city yards, pump stations or private industrial yards and any additional tank should be installed in a utility yard. The Adolfo Lopez Pump Station meets the criteria set forth in the SEIR as it is a pump station. The tank and equipment will be installed behind a fence and out of view to the residences to the extent possible for the site. The tank does not result in new significant environmental effects or a substantial increase in the severity of significant aesthetic effects from those determined in the SEIR. Air Quality: The SEIR concluded that the operation of the continuous feed stations would not have a significant impact to air quality. There will be up to approximately one to two truck deliveries per week, and 1344748.1 the emissions are not significant. In addition, the chemical dosing would reduce objectionable odors generated by the collection system, which results in a beneficial impact. Geology and Soils: The SEIR concluded that the aboveground storage tanks may be located in close proximity to fault splays. As such, tank specifications include a double wall tank for second containment to provide added protection from seismic hazards. The chemical storage tanks are designed to withstand ground shaking and avoid a potential spill during a seismic event. Therefore, the impacts remain less than significant. Hazards and Hazardous Materials: The SEIR notes that the Odor Control Program would include the transport, storage and use of diesel fuel and odor reduction chemicals that could pose a spill or leak hazard. However, when handled properly the chemicals do not pose a significant health risk to the surrounding land uses. The Sanitation District has implemented an Integrated Emergency Response Program (IERP) that includes a Spill Prevention Containment and Countermeasure Plan which includes structural specifications for storage tanks, monitoring, secondary containment capacity requirements, leak detection and alarms, emergency response procedures, reporting requirements, etc. The minor changes to this project from the SEIR, which do not create a significant impact, are the type of chemicals that may be stored at the site.The SEIR mentions calcium nitrate, ferric chloride, ferrous chloride, sodium nitrate, and magnesium hydroxide as possible dosing chemicals. Chemicals that may be used at the Adolfo Lopez Pump Station chemical dosing station include, but are not limited to, ferrous chloride, magnesium hydroxide, and calcium nitrate. Ferrous chloride is a greenish yellow liquid with a slight odor of iron/acid. It is corrosive but not flammable. It is listed as a hazardous chemical. The material is stable when handled properly. It is acidic and corrodes most metals. It can be absorbed into the body by inhalation, ingestion and can be irritating to the eyes and skin. It may be toxic or fatal if swallowed in sufficient quantity. Magnesium hydroxide is an odorless white liquid slurry. The product is not flammable or combustible and poses little health risk. It is not listed as a hazardous chemical. Exposure routes are through inhalation, ingestion, and skin and/or eye contact. Calcium nitrate is a clear liquid with no odor. The product is not flammable or combustible. It is not listed as a hazardous chemical. Exposure routes are through inhalation, ingestion and skin and/or eye contact. These chemicals are currently used as part of the normal Odor Control Program. Various chemical dosing stations throughout the Sanitation District service area safely use these chemicals. Strict measures are taken to ensure the instructions listed in the Safety Data Sheets are followed and the chemicals are used as intended. In addition, site access is restricted, the tank is double contained to hold spills, and appropriate personal protective equipment will be used by those at the tank site to reduce the risk of exposure. 1344748.1 The minor deviations from the SEIR described in this section would not result in new significant environmental effects or a substantial increase in the severity of significant effects related to hazards and hazardous materials from those identified and evaluated in the SEIR. Hydrology and Water Quality: The SEIR concluded that chemicals used in the Odor Control Program could impact water quality if a spill were to occur. However, the implementation of best management practices (BMPs) and spill prevention, countermeasure, and control measures (SPCC) would reduce the impact to less than significant. Noise: The Odor Control Program requires the installation of an aboveground chemical storage tank; Installation is expected to be completed in five (5) days or less and the sources of noise include truck noise and jackhammering. If chemical suppliers are changed due to periodic re-bidding of the contract, a new tank and associated equipment would be installed. Noise is expected to be minimal and of short duration. Pumps are contained in an enclosure to reduce noise level. Approximately one to two truck trips per week are required for chemical deliveries. The truck trips would not raise ambient noise in the area significantly and as such would not be considered a significant noise impact. Transportation/Traffic: The chemical deliveries at the Adolfo Lopez Pump Station would occur approximately one to two truck trips per week. The storage tank is located at the City of Seal Beach City's Maintenance Yard and staff have full access to the tank. The delivery of the chemical would not cause traffic, interfere with access or create lane closures, the existing conditions would remain the same. As such, there is less than significant impact. FINDINGS FOR APPROVAL FOR ADDENDUM NO. 4 TO THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR & CORROSION CONTROL PROGRAM: 1. Environmental impacts of chemical dosing stations throughout the service area were evaluated in the SEIR certified by the Sanitation District Board of Directors in November 2002. The SEIR envisioned that additional dosing stations would be added in future years and provided a conservative, worst-case analysis of the potential environmental effects of these future stations. The SEIR placed certain restrictions on the location of future dosing stations but otherwise assumed they may be located anywhere within Sanitation District's service territory, including near residential areas and sensitive receptors. 2. The Sanitation District's Odor Control Program assumed that additional dosing stations would be added in future years. As such, the addition of this Dosing Station does not constitute a substantial change in the Odor Control Program. 3. This addendum has been prepared to provide minor additions and technical changes to the SEIR to account for the addition of this Dosing Station. 1344748.1 4. The project modifications would not result in new significant environmental effects or an increase in the severity of significant effects from those determined by the SEIR certified by the Sanitation District Board of Directors in 2002. There have also been no substantial changes in the circumstances surrounding the project since the preparation of the SEIR other than the identification of specific locations for dosing stations, which was expected under the SEIR. 5. No new information of substantial importance has come to light since the preparation of the SEIR regarding significant effects of the project, the severity of the project's effects, or feasible mitigation measures. New information is now available regarding the efficacy of certain chemicals, but this will not significantly alter the project's effects or the infrastructure required for the dosing station. 1344748.1 EXHIBIT "C" Statement of Work - Adolfo Lopez Dosing Station arUSP m. tech .k Technolo(-Desc>iiption and Project Objectives Orange Count,Sanitation wishes to review USP Technologies for hydrogen sulfide control on the Adolfo Lopez trunk line. USP proposes to conduct a full service program utilizing calciini nitrate for hydrogen sulfide odor and corrosion control. We base our proposal on the necessary-collected data point from otir survey conducted m 2015 below. Additional baseline sampling program will be conducted by USP prior to beginnmg of the program to confirmdetermine the data below which will establish our initial dosing parameter.Continuous monitoring of the system would gyve further informaton which we would be able to provide optmlintion of the chemical feed rate requirements. �.............................. ..............................� 1 I I I I II� I I I 1 I I I I 1 � I : 1 __.........................__________.......................---_-----. CakiLlm Nitrate ( City of Seal Beach) Sulfide Loadings Dose Ratio(galsAb.) Usage(GPD) 15treet PS 0.2 lbs./Day N/A 10 8th Street PS 6.3 lbs./day 3 19 PS 35 2L9 lbs./day 3 66 Adolfo 1 lbs./day 3 3 Boeing PS 9.5 lbs./day 3 28 Total 399 I bs./day 126 The proposed primary objecti—es and Scope of Work include 1. Monitor the technology-program to achieve targeted levels of IiS reduction. 1344748.1 USP technologies '_ Analvze the data collected(i e_H__'S liquid and vapor,and nitrate residnaL•-)at designated locations to document performance 3 Idmtify the optimal chemical feed rates for nitrate and run an optimized program USP field personnel will be conducting sampling at a regular frequency Specific sampling locations and frequencies wall be determined and agreed upon by all parties prior to the start of the trial_A summary report will be issued for the optim ed treatment plan with anmrahzed costs for a firll- senice on going program 4 If all parties are in agreement that the objectives were met from the initial trial phase,then the project could transition into the ongoing phase 5. USP will work-to establish sampling monitoring and reporting periods for the ongoing nitrate application. B.Technical Approach The technical scope and approach to the project is designed to meet the stated project objecthvs and consists primarily of deivloping a thorough understanding of the hydrogen sulfide dose response profile under different operating and chemical feed rate conditions on a 24 hour basis and ongoing. The proposed chemical application and sampling monitoring approach that will be used to acluet-e the objectives are discussed below. During this program USP will also be condurcting tests to confirm umpro%vment in operations with MIS removal and any additional benefits and costs saiings through optimization iia dosing control and profiling.-The primary project objectives and Scope of Work will include: I. utilize baseline MIS sampling(Ixpad and oapar)along the Adolfo Lopez trunk line- 2- Procne the underlying concept the cost and operational efficacy of the program for controlling hydrogen Sulfide odors 3 Conduct dose response testing at the downstream sample point to bracket expected chemical use and optimuce the performance.The treatment targets for both hgtnd and vapor sulfide levels (vapor control to 25 ppm dark} average with liquid dissoly 0.5 mE,I'-- Chemical.application Nitrate will be dosed at Adolfo Lopez trunk line. Nitrate was chosen based on USP experience and success with similar applications primarily because of demonstrated effectlivmss for Iona detention time in force main-,and gra-vity segments. It was also the request by OCSD staff to cecure a non-hazard technology for the Adolfo Lopez trunk line 1344748.1 USP technologies Chemical Reaction The production of sulfide in a nntnicipal wastewater system predominantly occurs in the collection system The nitrate process can occur in any place in a wastewater system When nitrate is utilized to the collection system the hydrogen sulfide is removed which benefits the downstream Treatment Facility. In the collection system gravity or force main where the nitrate is being unplemented there are 3 major zones and 3 major reactions occumng simultaneouwly In a inven collection system pipe, at any section of the pipe where the nitrate is initiated the following reactions are occurring in the .-anous zones: Zone 1-The buB.fluid Reactions: 6NO., +SCH,OH 4 5CO3+3v,+'H:O+6OH- (1) 8NO3-+5HIS 4 550,'+41:-4H2O+2H' (_) The hydrogen sulfide shown in equation` is from upstream or locally produced sources. Methanol- CH,OH.is used to model the carbon source or BOD in all reactions In the actual wastewater there are many other molecular carbon sources with similar reactions. Zone 2-The dune Litt-in contact r ich the bulk fled Reactions: 6NO,-+SCH,OH 4 5CO,+3N2+'H2O+6OH- (1) 8NO3-+SH,S -) 55O,'+412 -4H:O-.H' (2) The hydrogen sulfide shown in equation , is from upstream or locally produced sources such as the slime layer that does not have access to the nitrate and therefore uses sulfate as the electron receptor or oxygen MUM Zone 3-The dime L-nw not in dupct contact frith the but.flud Reaction SO,'+4CH,OH 4 S-+4H2O+:CH,+_'CO, (3) The bacteria in the slime layer in contact with the bulk fluid consume the nitrate provided in the bull: flund. As the nitrate penetrates the slime layer there is a concentration gradient from the bulk tluud in toward the pipe wall as the nitrate consumed. Hydrogen sulfide is produced in this zone and diffutses into 1344748.1 4 USP technologies Zones 1 and?where the nitrate in reaction?is able to remove it This allows the hydrogen sulfide levels to be zero at a given control point while keeping the process cost effective. C.[TSP Technologies Deliyem Scope USPT wdl provide a full-service program that includes the followme chemicals.equipment and services: Calcium Nitrate Turn key storage and dosing system Installation, start up and ongome maintenance of equupment ChemWatch remote tank momtormg im entony manaeenvmt system with automated dose rate profiling capabilities Applications Services-Liquid and vapor sampling services and testing equipment& instuninitation(liquid sulfides.vapor H21S.peroxide residuals,sea-aee ten4watitre and pH) Project management,reporting and documentation Safety shower&eyewash for cynical injection sites Safety training and equipment orientation for designated personnel D.USP Technologies Equipment& Specifications The major components of the egwpnient systems are described below. Storage System USPT storage systems are double walled 7,900 gallon and cowftucted of heny4aty,high-density linear polyethylene.These systems meet or exceed industry standards and are specifically designed for nitrate service.The external tank is sized to provide I I(r/.containment opacity for the internal tank contents. A level transmitter feeds the.ChemIVatchr'monitor for tank level display and for inventory management_ Labels and placards conforming to local regulations are also provided Nitrate P2ggg Module USP skid mounted dosing modules are pre-uued pre-piped,and shop tested for ease of installation and for start-up reliability.Each dosing module includes two metering or transfer pumps(depending on required pump capacity),with suction and discharge piping. The dosing nodule includes an in-line spare in case of pub failure_ Remote Tank Levi-Monitor,Power Distribution Panel,Misc. The ChemWatcIP Monitor provides tank-side digital display of product inventory(in gallons).as well as provzdme remote communication to the ChemW-atch' Control Center tin regarding tank levels,pump performance.and pump diagnostics. CheniWatchTM'will also alert site personnel when product is needed and schedule deliveries. 1344748.1 rUSP technologies Power Distribution Panel which prrnides electrical tie-ins and emergency shirt-off snitch for all pumps and electronic.including the ChemWatcht''Monitor. Miscellaneous equipment includes safety shower'evewash-station and operating manuals. E.USP Technologies Sec-iices Equipment ser.wes include installation, start-up and maintenance of the system during the demonstration period_U SPT %all provide all the necessary interconnecting piping and tubing for installation Safety training w ill be provided to all designated personnel during start-up During start-tip, and at regular inten•als daring the initial operating period,USP will provide onsite field senices to adjust the nitrate feed rates to perform dose response testing with respect to achieving targeted leivIs of HIS control_This includes sampling and monitoring of gaseous HIS(Odalog—continuous data logg}ng HIS monitors),liquid sulfides (_grab samples).sewage pH. temperature and nitrate residuals.USP will provide regular project updates to the designated personnel and a periodic report mill be prepared, summarizing treatment results and estimated annual program costs based on actual results. USP will also communicate with the city to notify deliver} schedule in advance. The sanding methods are as follow(below)outlining the proposed sampling locations and frequencies. This sampling plan is subject to change,pending input and guidance from your personnel. Liquid(;rab)samples Procedure Total sulfide Std.'-%,fethods 4500-S'D. Methylene Bhue{Lnwtte drop cow lat) Dissolved sulfide Ditto.using pre-flocculation to remove insoluble sulfides Nitrate Nitrate residual strips pH Combination glass electrode Temperature MIST calibrated thermometer Continuous samples(data lo:_zing) H;S,ppm App-Tek OdaLog RTX(monitor datalogger) F. District Responsibilities In order to help facilitate and support the demonstration and installation of chemical dosing equipment. the District will be responsible for provide the following: Electrical senice of 110 VAC, 60 HZ. IO.A-terminating in a junction box within 10 feet of the dosing module location_ 1344748.1 USP technologies A flat and secure area apprommately 20'x 20' to place the storage tank&dosing module. A potable water supply capable of delivering 20 GPM at 30 PSI Am•trenching.tapping of lines. drilling through concrete, etc.required to tun chemical injection tubing to the application point. Procurement of appropriate pernuts and other external items to chemical storage and dosing systems that may be regtured by permitting authorities. G. Project Costs Estimate The demonstration scope of work as described will be deh,.vred full-service to the Change County Sanitation District per below: Ernu> ment Scope • 1.800 gallon double wall tank,. • Pump Skid with(2)Ptmtps and controls • Two(1) Odalogs with Two(2) as backup • Sampling egwpment and monitoring Senace Scope • Start-tip and Optimi-ation of each system • Sampling and data collection • Bi-weekly Equipment Service • Emergenc-y Senice as needed • (optional)Trice Monthly. Senice with Chenucal transfer from master tank to Dose Location 1 Calcium Nitrate Solution: $1.9 7 per gallon delivered 2 Daily. Application Senices $25 per day per site 3 Daily Field Ser-,ices $25 per day per site 1344748.1 gpOC R O C oPF2�R��F DISCHARGE LICE SLIP-LINED IN EXISTING SEWER EXISTING WET WELL SEAL BEACH ANIMAL MATERIAL ABOVE GROUND DOUBLE CARE CENTER BIN / CONTAINED DISCHARGE LINE BURN' 4 OPTIONAL TRENCHED FEED SYSTEM TO SEWER PAVED LOT �J SAFF^9wU�E4 0400E V O CAL LU NITRATE SEED SVSTEV 0®AO011O IDrQ PS �� BKVN STOWAGE AND/[!D DOI.W AA L T�.W TOUNIOlo" S'STD4 SITE RAN NOT TO scw tl X3 COWM-M PAD =,- W WIiN F 17OLI MI OCID Amoom IOPE.•Pc SSAW 1-% W A A J A Clsow.vm -�`Dt$C LVM LEI§MOOT 110, SLO.LM Pi f7ltiTtq SERER -4.f0 tg EIIS71N3 AST WELL Wit„ tiC"c " ~KOjej Evi%EERE]:-.Cw MITMTE TOttI,X V4DP fM D1SCwVWE uNE ROVTND TD TNS�C.K A-4AE SEAER EGOS DISGNROE LNE TpAhIS IONS TO Tf1ENCH TO rVAY ftAcTcN►ONTOGC �qw O ` -ft-4.1WACTON LNE ROW rMti EOT ►ORR utrnrc rrv. rV� :ILYi A'ICLv LLi't1 Vy Bdr U SIOMCA AND i® tnnnnn,n�iof Mnm Sint L,, J( PDT TO SLALL `2iV. ,u rr llt •i i g J u� 'l I t . J I� J �l• W O O WW a' u W� •'K�W W o.w .rwm r. �' •� ' 3XJS Oi lGON K{t3 TMOCIN"W W US WUW sa�6olouYaoi \ .•. s�S m ink rYrnr►n60 � \ is �1 •. n. T, ^ '✓aw I ' i 4 e , OL !0;4 ` t• /I toy.c�r,,� ,y-�• 'R/ ,A ` �•� t I� .:, `� :� ~i•�_.. = 1: -► Can. f �, tt a.. i � � 'v a _ R ♦ 7h,1f,OL'aUr'?`A"�GO,r1� ��LV1�V.tO t t 1. - � {` 'L , \ � - / /� .� • ' t'►i •� • ��`r' OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/07/1 8 i1/i�2s/ia AGENDA REPORT Item Number Item Number 5 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: SOUTHERN CALIFORNIA EDISON - AMENDMENT NO. 3 TO THE AS-AVAILABLE CAPACITY AND ENERGY POWER PURCHASE AGREEMENT GENERAL MANAGER'S RECOMMENDATION Approve Amendment No. 3 to the As-Available Capacity and Energy Power Purchase Agreement with Southern California Edison Company, to allow the Orange County Sanitation District to receive monthly sale statements from Southern California Edison Company through the electronic mail system. BACKGROUND Currently Southern California Edison (SCE) purchases the excess generated power at Orange County Sanitation District's (Sanitation District) Plant No. 2 and sends the monthly sale statements to the Sanitation District via the U.S. Postal System. The statements show the energy and capacity delivered to SCE during on-peak, mid-peak, off-peak, and super-off-peak periods during the monthly billing periods, and SCE's computation of the amount due the Sanitation District. RELEVANT STANDARDS • Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PROBLEM The Sanitation District receives the sale statements from the SCE through U.S. Postal Service mail. The current process is causing delays in receiving the sale statements. PROPOSED SOLUTION The Sanitation District requested SCE to send the sale statements through electronic mail (email), which is convenient, timely, and will prevent any delays for the Sanitation District in preparing and submitting regulatory related reports to the energy governmental agencies (e.g., Federal Energy Regulatory Commission and California Energy Commission). SCE accepted the Sanitation District's request and provided the proposed Amendment No. 3 to the As-Available Capacity and Energy Power Purchase Agreement for providing email statements. Page 1 of 2 TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION Would cause delays in receiving payments from SCE and increase the potential to be late in submitting the regulatory related reports to energy governmental agencies. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) is included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Amendment No. 3 Page 2 of 2 Southern California Edison ID#2804, Orange County Sanitation District AMENDMENT NO. 3 to the AS-AVAILABLE CAPACITY AND ENERGY POWER PURCHASE AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY and ORANGE COUNTY SANITATION DISTRICT (RAP ID 42804) This Amendment No. 3 ("Amendment No. 3")to the Agreement(as that term is defined below) is entered into between Southern California Edison Company, a California corporation ("SCE"), and Orange County Sanitation District,a special district organized and existing under the County Sanitation District Act, Health and Safety Code Section 4700 et seq. ("Seller"). SCE and Seller are hereinafter sometimes referred to individually as a "Party" and jointly as the "Parties". Capitalized terms used and not otherwise defined in this Amendment No. 3 shall have the meanings ascribed to such terms in the Agreement. RECITALS The Parties enter into this Amendment No. 3 with reference to the following facts: A. SCE and Seller are Parties to that certain As-Available Capacity and Energy Power Purchase Agreement, dated as of September 9, 1991 (as amended, supplemented or otherwise modified from time to time, the "Agreement"), which provides for the sale to Edison of electrical power from Seller's Generating Facility(as that term is defined in the Agreement). B. The Parties wish to amend the Agreement in order to update the payment provisions set forth in Section 17.1 of the Agreement. The contents of this document are subject to restrictions on disclosure as set forth in the Agreement. Amendment No. 3 to the As-Available Capacity and Energy Power Purchase Agreement Southern California Edison ID#2804, Orange County Sanitation District AGREEMENT In consideration of the promises, mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, as set forth herein, the Parties agree as follows: 1. Section 17.1 of the Agreement is deleted in its entirety and replaced with the following: "Edison shall deliver via electronic mail to Seller's email address (SCESale@ocsd.com) not later than thirty (30) calendar days after the end of each monthly billing period (a) a statement showing the energy and capacity delivered to Edison during on-peak, mid-peak, off-peak, and super-off-peak periods during the monthly billing period, and (b) Edison's computation of the amount due Seller. Edison shall make payment to Seller in said amount not later than thirty(30)calendar days after the end of each monthly billing period. Edison may make payments to Seller via check mailed to Seller's designated address (10844 Ellis Avenue, Fountain Valley, CA 92708) or by Automated Clearing House ("ACH") transaction." 2. MISCELLANEOUS (a) Reservation of Rights. Each of the Parties expressly reserves all of its respective rights and remedies under the Agreement. (b) Legal Effect. Except as expressly modified as set forth herein, the Agreement remains unchanged and, as so modified, the Agreement shall remain in full force and effect. (c) Governing Law. THIS AMENDMENT NO. 3 AND THE RIGHTS AND DUTIES OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED, ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. TO THE EXTENT ENFORCEABLE AT SUCH TIME, EACH PARTY WAIVES ITS RESPECTIVE RIGHT TO ANY JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS AMENDMENT NO. 3. (d) Successors and Assigns. This Amendment No. 3 shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. (e) Authorized Signatures;Notices. Each Party represents and warrants that the person who signs below on behalf of that Party has authority to execute this Amendment No. 3 on behalf of such Party and to bind such Party to this Amendment No. 3. The contents of this document are subject to restrictions on disclosure as set forth in the Agreement. Amendment No. 3 to the As-Available Capacity and Energy Power Purchase Agreement 2 Southern California Edison ID#2804, Orange County Sanitation District Any written notice required to be given under the terms of this Amendment No. 3 shall be given in accordance with the terms of the Agreement. (f) Further Agreements. This Amendment No. 3 shall not be amended, changed, modified, abrogated or superseded by a subsequent agreement unless such subsequent agreement is in the form of a written instrument signed by the Parties. (g) Counterparts; Electronic Signatures. This Amendment No. 3 may be executed in one or more counterparts, each of which will be deemed to be an original of this Amendment No. 3 and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Amendment No. 3 and of signature pages by facsimile transmission, Portable Document Format (i.e., PDF), or by other electronic means shall constitute effective execution and delivery of this Amendment No. 3 as to the Parties and may be used in lieu of the original Amendment No. 3 for all purposes. [Remainder of Page Left Intentionally Blank.] The contents of this document are subject to restrictions on disclosure as set forth in the Agreement. Amendment No. 3 to the As-Available Capacity and Energy Power Purchase Agreement 3 Southern California Edison ID#2804, Orange County Sanitation District IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to be executed by their duly authorized representatives on the dates indicated below their respective signatures. ORANGE COUNTY SOUTHERN CALIFORNIA SANITATION DISTRICT EDISON COMPANY, a special district organized and a California corporation. existing under the County Sanitation District Act, Health and Safety Code Section 4700 et seq. By: By: Gregory C. Sebourn, PLS Mark Irwin Board Chairman Director, Energy Contracts Management Date: Date: Attested by: Kelly A. Lore, MMC Clerk of the Board Date: The contents of this document are subject to restrictions on disclosure as set forth in the Agreement. Amendment No. 3 to the As-Available Capacity and Energy Power Purchase Agreement 4 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/07/1 8 i1/i�28/i8 AGENDA REPORT Item Number Item Number 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: CLIMATE RESILIENCY STUDY - PROJECT NO. SP-152 GENERAL MANAGER'S RECOMMENDATION A. Approve a budget increase of $288,000 for the Climate Resiliency Study, Project No. SP-152, for a total budget of $878,000; B. Approve a Professional Services Agreement with Hazen and Sawyer to provide engineering services for the Climate Resiliency Study, Project No. SP-152, for an amount not to exceed $697,952; and C. Approve a contingency of $69,795 (10%). BACKGROUND Governor's Executive Order#S-13-08 (EO-S-13-08) directs state agencies to plan for sea level rise and climate impacts through coordination of the state Climate Adaptation Strategy. The Orange County Sanitation District's (Sanitation District) Climate Change/Environmental Footprint Initiative started in 2007 and has completed a detailed carbon footprint study. In addition, the Sanitation District developed a strategy to respond to climate change regulations, public outreach, and education, as well as research initiatives related to energy efficiency and sustainable technologies. The location of Plant No. 2 and several pump stations along the coast make them vulnerable to disruptions due to climate change impacts. Previous studies on extreme events have shown that in most cases the costs of repairs were significantly higher than the costs of mitigation and adaptation strategies. RELEVANT STANDARDS • Maintain a proactive asset management program • 24/7/365 treatment plant reliability • Protect Orange County Sanitation District assets • Sustain 1, 5, 20-year planning horizons Page 1 of 5 PROBLEM The Sanitation District has not performed a site-specific assessment on its assets. In addition, the Sanitation District is currently working on design of projects totaling more than $1.4 billion and has not included site-specific climate resiliency in the design. PROPOSED SOLUTION Perform a planning-level site-specific risk assessment on the Sanitation District's infrastructure, based on climate variability and change, and develop adaptation and mitigation recommendations to reduce vulnerabilities intensified by climate change. The study will identify major climate change related issues that currently, or may in the future, affect the Sanitation District's wastewater infrastructure. The climate variables included in this study include: sea level rise, inundation area, coastal erosion, fire, groundwater level, high tides, storm surge and increased riverine flooding. A risk assessment study followed by mitigation and adaptation strategies for facilities at high and medium risk will be performed to improve the reliability and continued operation of these facilities. This project will also provide design recommendations for projects currently in design and for future Capital Improvement Program projects. TIMING CONCERNS Conducting this study now will provide site-specific climate resiliency guidance to many large Capital Improvement Project currently in or nearing design, such as: Primary Treatment Rehabilitation at Plant No. 2, Project No. P2-98; Bay Bridge Pump Station Replacement, Project No. 5-67; and TPAD Digester Facility at Plant No. 2, Project No. P2-128. RAMIFICATIONS OF NOT TAKING ACTION Not performing a climate resiliency evaluation and mitigation recommendations increases the risk of failure of critical Sanitation District's infrastructure due to climate-related hazards, resulting in the potential for processes to be compromised which are critical to protecting public health by providing treatment of wastewater within the Sanitation District's service area. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Consultant Selection: The Sanitation District requested and advertised for proposals for Climate Resiliency Study, Project No. SP-152, on August 13, 2018. The following evaluation criterion were Page 2 of 5 described in the Request for Proposals (RFP) and used to determine the most qualified Consultant. CRITERION WEIGHT Project Understanding and Approach 40% Related Project Experience 30% Project Team and Staff Qualifications 30% Six proposals were received on September 18, 2018 and evaluated in accordance with the evaluation process set forth in the Sanitation District's Purchasing Ordinance, by a pre-selected Evaluation Team consisting of the following Sanitation District's staff. Kathy Millea Engineering Manager - Planning Nasrin Nasrollahi Senior Engineer - Planning Andrew Brown Engineer - Maintenance Reliability & Planning The Evaluation Team also included one non-voting representative from the Contracts Administration Division. Following scoring by the Evaluation Team, two Consultants were shortlisted for interviews on October 10, 2018. Following the interview, each member of the Evaluation Team ranked the Consultants based on both the proposals and interviews using the evaluation criterion and weighting described above. Based on the ranking shown below, Hazen and Sawyer was selected as the most qualified Consultant. Hazen and Sawyer HDR Engineering, Inc. Evaluator 1 1 St 2nd Evaluator 2 1 St 2nd Evaluator 3 1 St 2nd Combined Ranking 1St 2nd The team from Hazen and Sawyer demonstrated how they have worked with other municipalities to guide them through the process of performing similar climate resiliency studies to identify risks and provide mitigation and adaptation strategies. Specifically, they performed a comprehensive assessment for the City of New York's wastewater system, which included 14 treatment plants, 96 pumping stations, and nearly 500 buildings. Furthermore, the team exhibited their experience in providing short-term and long-term adaptation strategies based on the type of the facility, asset criticality and its useful life, and how to prioritize the recommendations. Page 3 of 5 Review of Fee Proposal and Negotiations: Proposals were accompanied by sealed fee proposals. In accordance with Purchasing Ordinance, the fee proposal of only the highest-ranked firm was opened after approval by the Director of Engineering of the Evaluation Committee's recommendation. Staff conducted negotiations with Hazen and Sawyer to clarify the requirements of the Scope of Work, the assumptions used for the estimated level of effort, and the proposed approach to meet the goals and objectives for the project. Original Fee Negotiated Fee Proposal Total Hours 6,332 2,938 Total Fee $1,441,778 $697,952 During the negotiations and discussions, it was agreed upon that climate-related risks on inland areas, including Plant No. 1 and several pump stations, are insignificant and therefore those assets were eliminated from the Scope of Work. The Consultant's level of effort was also reduced by the following: reducing number of site visits, producing 2-D rather than 3-D maps, reducing the number of workshops from 13 to 7, combining meetings and deliverables, streamlining project staffing, and reducing project schedule. Furthermore, documenting the Sanitation District's efforts in reducing Greenhouse Gas emissions was decided to be performed in-house. The Consultant's fringe and overhead costs, which factor into the billing rate, have been substantiated. The contract profit for the prime consultant is 9.18%, which is based on an established formula based on the Sanitation District's standard professional service agreements. Based on the above, staff has determined that the final negotiated fee is fair and reasonable for the level of effort required for this project and recommends award of the Professional Services Agreement to Hazen and Sawyer. CEQA The Sanitation District, as lead agency, has determined that the preparation of the proposed Study is exempt from CEQA pursuant to CEQA Guidelines Section 15262 [Feasibility and Planning Studies]. Specifically, "A project involving only feasibility or planning studies for possible future actions which the agency, board or commission has not approved, adopted or funded does not require that preparation of an EIR or negative declaration, but does require consideration of environmental factors." The proposed Climate Resiliency Study is a planning tool for possible future actions which does not commit the Sanitation District to implement any specific project. The proposed Climate Resiliency Study will develop adaptation and mitigation recommendations to reduce vulnerabilities intensified by climate change. Page 4 of 5 FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted for Fiscal Years 2018-19 and 2019-20 (Line item: Section 8, Page 82), but the budget is insufficient for the recommended action. Funds for the budget increase request will be offset by the Master Planning Studies budget for Fiscal Years 2018-19 and 2019-20. (Line item: Section 8, Page 51). ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Professional Services Agreement NN:sa:gc Page 5 of 5 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 28t" day of November, 2018, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and HAZEN AND SAWYER, for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant for CLIMATE RESILIENCY STUDY, PROJECT NO. SP-152, to provide professional services and provide services to perform a site-specific risk assessment on the SANITATION DISTRICT's infrastructure based on climate variability and change, and develop adaptation and mitigation recommendations to reduce vulnerabilities intensified by climate change; and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on November 28, 2018 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of the work and services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 1 of 19 B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry standards for clarity, uniformity, and completeness. CONSULTANT shall timely respond to all comments, suggestions, and recommendations from the SANITATION DISTRICT. All comments from the SANITATION DISTRICT, or its agent, shall be incorporated into the work prior to the next review deadline or addressed, in writing, as to why the comment(s) has/have not been incorporated. CONSULTANT shall ensure that each submittal is 100% accurate for the level of work submitted (i.e. correct references, terms, capitalization or equal status, spelling, punctuation, etc.) C. In the event that CONSULTANT's services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its work product(s) within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. Any CADD drawings, figures, and other work produced by CONSULTANT and Subconsultants using the SANITATION DISTRICT CAD Manual. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall conform to the SANITATION DISTRICT specifications. Any changes to these specifications by the CONSULTANT are subject to review and require advance written approval of the SANITATION DISTRICT. Electronic files shall be subject to an acceptance period of 21 calendar days during which the SANITATION DISTRICT shall perform appropriate reviews and including CAD Manual compliance. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANTITATION DISTRICT. E. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, and reports compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 2 of 19 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Six Hundred Ninety- Seven Thousand Nine Hundred Fifty-Two Dollars ($697,952). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum set forth in Attachment "E" - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees' work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment "E" - Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment "E" - Fee Proposal. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 3 of 19 E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment "E" - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per Attachment "S' — Minor Subconsultant Hourly Rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment "E" - Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment "E" - Fee Proposal. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts and other documentary records to support CONSULTANT's request for reimbursement of these amounts, see Attachment "D" - Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above. G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to attachment "D" Allowable Direct Costs for payment information. H. Reimbursable Direct Costs The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment "D" - Allowable Direct Costs to this AGREEMENT. The reimbursement of the above mentioned expenses will be based on an "accountable plan" as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a "per diem" component approved by IRS. The most recent schedule of the per diem rates utilized by the SANITATION DISTRICT can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/l 04711#. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 4 of 19 The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. The SANITATION DISTRICT shall apply the most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or"per diem" as deemed the most practical. CONSULTANT shall be responsible for returning to the SANITATION DISTRICT any excess reimbursements after the reimbursement has been paid by the SANITATION DISTRICT. Travel and travel arrangements—Any travel involving airfare, overnight stays or multiple day attendance must be approved by the SANITATION DISTRICT in advance. Local Travel is considered travel by the CONSULTANT within the SANITATION DISTRICT general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging — Overnight stays will not be approved by the SANITATION DISTRICT for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of the SANITATION DISTRICT based on reasonableness of meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of the SANITATION DISTRICT. Travel Meals — Per-diem rates as approved by IRS shall be utilized for travel meal reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment "D" -Allowable Direct Costs of this AGREEMENT. I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's invoice and monthly progress report. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this AGREEMENT. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 5 of 19 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period, in a format acceptable to the SANITATION DISTRICT. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Section 12 Audit Provisions. B. CONSULTANT will submit monthly statements covering services and/or work performed for payment for those items included in Section 2 hereof no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT. The format must include, as a minimum: 1) current billing period invoicing, 2) current billing period "total percent invoiced to date", 3) future activities, 4) previous billing period "total invoiced to date", 5) potential items that are not included in the Scope of Work, 6) concerns and possible delays, 7) percentage of completion to date, and 8) budget status and amount remaining. Such requests shall be accompanied by such supporting data as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element, The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for the Project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this AGREEMENT for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 6 of 19 progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work based on the monthly statements, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. 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 utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. 6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees and/or Subconsultants who will perform Work during this contract for which Prevailing Wage Determinations have been issued by the DIR and as more PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 7 of 19 specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to the SANITATION DISTRICT and/or general public upon request, provided the public request is made through the SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). 7. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the study or deliverable where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 8 of 19 8. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below "B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this AGREEMENT. B. General Liability The CONSULTANT shall maintain during the life of this AGREEMENT, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000) per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this AGREEMENT), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 9 of 19 D. Automotive/Vehicle Liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Drone Liability Insurance If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form acceptable by the SANITATION DISTRICT. F. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this AGREEMENT, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars ($2,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this AGREEMENT, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this AGREEMENT. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 10 of 19 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. H. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010) or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 11 of 19 I. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. J. 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. K. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. L. 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. M. 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. N. 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. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 12 of 19 O. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. P. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, the SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 9. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 10. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant and each of CONSULTANT's Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 11. ENGINEERING REGISTRATION The CONSULTANT's personnel and Subconsultants are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 12. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 13 of 19 requirements under this AGREEMENT. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 13. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants into employees of the SANITATION DISTRICT. CONSULTANT's staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 14. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Ludwig R. Lapus, Contracts Administrator Copy: Nasrin Nasrollahi, Project Manager PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 14 of 19 Hazen and Sawyer 7700 Irvine Center Drive, Suite 200 Irvine, CA 92618 Attention: Lynn Grijalva All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 15. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed in Section 14 - NOTICES. 16. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 17. COMPLIANCE CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 18. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 15 of 19 19. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this AGREEMENT, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 20. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims") which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 16 of 19 (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this AGREEMENT. Under no circumstances shall the insurance requirements and limits set forth in this AGREEMENT be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this AGREEMENT are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this AGREEMENT. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and procedures including the OCSD Safety Standards, as applicable, all of which may be amended from time to time. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 17 of 19 25. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the AGREEMENT is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the AGREEMENT is otherwise terminated or expires in accordance with the terms of the AGREEMENT, the SANITATION DISTRICT shall give the Consultant written notice that the AGREEMENT will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the AGREEMENT within thirty (30) days of receipt of notice of AGREEMENT closeout. Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall commence a closeout audit of the AGREEMENT and will either: i. Give the CONSULTANT a final AGREEMENT Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT's cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in the AGREEMENT Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final AGREEMENT acceptance, the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise), and the CONSULTANT shall remain obligated under all those provisions of the AGREEMENT which expressly or by their nature extend beyond and survive final AGREEMENT Acceptance. Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT's request for final AGREEMENT Acceptance as set forth above shall not be deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or AGREEMENT with, the CONSULTANT's request for final AGREEMENT Acceptance. 26. ENTIRE AGREEMENT This AGREEMENT constitutes the entire understanding and AGREEMENT between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 18 of 19 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. HAZEN AND SAWYER By Date Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By Gregory C. Sebourn, PLS Date Chair, Board of Directors By Kelly A. Lore Date Clerk of the Board By Marc Dubois Date Contracts, Purchasing and Materials Management Manager Attachments: Attachment "A" Scope of Work Attachment "B" Labor Hour Matrix Attachment "C" Not Attached Attachment "D" Allowable Direct Costs Attachment "E" Fee Proposal Attachment "F" Not Used Attachment "G" Cost Matrix Attachment "H" Not Attached Attachment "I" Not Attached Attachment "J" Minor Subconsultant Hourly Rate Schedule Attachment "K" OCSD Safety Standards PSA PROJECT NO. SP-152 Revision 080218 CLIMATE RESILIENCY STUDY Page 19 of 19 OPERATIONS COMMITTEE Meeting Date To Bd.of Dir. 11/07/18 AGENDA REPORT Item Number Item Number 7 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: QUARTERLY ODOR COMPLAINT REPORT GENERAL MANAGER'S RECOMMENDATION Receive and file the Fiscal Year 2018/19 First Quarter Odor Complaint Summary. BACKGROUND During the 1st quarter of FY 2018/19, Orange County Sanitation District had the following attributable odor complaints: Plant No. 1 received no odor complaints, Plant No. 2 had no odor complaints, and the collection system had four odor complaints. A summary of the odor complaints with a table tracking the history is included as an attachment. RELEVANT STANDARDS • Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2 • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • 12 or fewer odor complaints per year under normal operating conditions in the collections system ATTACHMENT The following attachment is included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Fiscal Year 2018/19 1st Quarter Odor Complaint Summary Page 1 of 1 Orange County Sanitation District Odor Complaint Report Fiscal Year 2018/19 — 1st Quarter 1. Plant No. 1 Treatment Facility Odor Complaint Summary Plant No. 1 received no attributable odor complaints during the 1st quarter. 2. Plant No. 2 Treatment Facility Odor Complaint Summary Plant No. 2 received no attributable odor complaint during the 1st quarter. 3. Collection Facilities Odor Complaint Summary The collection system received four attributable odor complaints during the 1st quarter of FY 2018/19. The odor complaints were received due to the pressurization and sewer ventilation of foul odors in critical points (i.e., adjacent to the siphons and pumps stations). Two odor complaints were caused by manholes that were not resealed after contractor work. The manholes were sealed and the contractor was contacted to emphasize the importance of resealing manholes. The third odor complaint was caused during wet well cleaning. During future wet well cleanings, staff will contact residents adjacent to the pump station before starting work. The fourth odor complaint was caused by the poor condition of sealed manholes. The manholes were sealed. All Odor Complaints Tracking 4t" Qtr 3ra Qtr 2nd Qtr 1 st Qtr Jul. 2018 to Sep. 2018 FY FY FY FY Cumulative 18/19 18/19 18/19 18/19 FY 18/19 All Public Collections P1 P2 Total Complaints Attributable 4 0 0 4 4 to OCSD Not Attributable 6* 3 1 10 10 to OCSD Total Public Complaints 10 3 1 14 14 Received: *OCSD received 12 odor complaints September 30 and October 1 presumed to be related to offshore odors. They were grouped as one odor complaint. OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/07i1 8 i1/ii2s/i8 AGENDA REPORT Item Number Item Number 8 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT GENERAL MANAGER'S RECOMMENDATION Receive and file the Capital Improvement Program Contract Performance Report for the period ending September 30, 2018. BACKGROUND The Capital Improvement Program involves awarding and managing many construction and consulting contracts. In 2008, the Orange County Sanitation District (Sanitation District) Board of Directors began awarding contingencies along with construction and consulting contracts. The contingencies allow the General Manager to approve change orders for construction contracts and amendments for consulting contracts up to the amount of the approved contingency. This practice reduces administrative costs, expedites resolution of project issues that arise, helps avoid Contractor delay claims, and facilitates efficient management of many contracts. The Capital Improvement Program Contract Performance Report summarizes construction and consulting contract performance and activities for the quarter ending September 30, 2018. This report is updated quarterly. RELEVANT STANDARDS • Ensure the public's money is wisely spent ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Capital Improvement Program Contract Performance Report for the period ending September 30, 2018 JM:dm:gc Page 1 of 1 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending September 30, 2018 � THE EN DATE: October 22, 2018 TO: Orange County Sanitation District Board of Directors FROM: James D. Herberg, General Manager Through: Rob Thompson, Director of Engineering This report summarizes the status, activities, and performance of public works construction contracts and consultant agreements. This report also identifies the names and status of projects being performed under master budgets for facilities engineering, planning studies, and research. PART 1 - CONSTRUCTION CONTRACTS When the Orange County Sanitation District (Sanitation District) Board awards a construction contract, a contingency is also approved which allows the General Manager to approve contract change orders up to the amount of the contingency. One of the purposes of this report is to document how that contingency is managed and how much of the contingency is utilized. A project's change order rate can only be documented when the work is complete. As such, the change order performance charts in this report are based only on projects closed since the Board began approving contingencies in 2008. Page 1 of 6 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 9pjECr/N ,Qo���� For the period ending September 30, 2018 THE EN Activity in Last Quarter FE16-14 Slater Pump Station Valve Contract Award 22-Aug-18 Replacements 2-41-8 SARI Rock Stabilizers Removal Contract Award 26-Sep-18 J-12610 Exit Signs Exit Lights Electrical Contract Award 26-Sep-18 Disconnects Gas Detection FE15-06 Gas Compressor Building Piping Final Completion 09-Jul-18 Replacement at Plant 2 P2-118 Activated Sludge Aeration Basin Deck Final Completion 25-Jul-18 Repair at Plant No. 2 FE16-05 Buried Water Valve Support Final Completion 17-Jul-18 Upgrades at Plant 2 Page 2 of 6 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 9pjECr/N ,Qo���� For the period ending September 30, 2018 THE EN Anticipated Activity in Next Quarter J-126JK Stairs, Hatches, Walkway Hazards, Contract Award 24-Oct-18 Ladders, Guardrails, Roof Fall Protection J-126PQ Ladders, Hatches, Roof Fall Contract Award 28-Nov-18 Protection J-126E Roof Fall Protection and Skylights Final Completion 23-Jul-18 FE14-03 Rehabilitation of Digester Mixing Final Completion 04-Oct-18 Pumps at P2 Digesters E, H, R, S, and T FE15-09 CenGen Hot Water Pipe Bracing at Final Completion 10-Oct-18 Plant 1 FE16-10 East Basin Distribution Box Repair Final Completion 15-Oct-18 J-126AH Hot Surfaces Insulation P1/P2/Bay Final Completion 26-Oct-18 Bridge PS/Slater PS J-126BFG Lights, Ladder and Walkway Final Completion 15-Oct-18 Hazards PART 2 — DESIGN CONSULTANT AGREEMENTS The Sanitation District engages design consultants through Professional Design Services Agreements (PDSAs), Professional Consultant Services Agreements (PCSAs), and Master Professional Services Agreements (Master Agreements). PDSAs are used to obtain design engineering services, and PCSAs are a subsequent agreement with the design consultant to provide support services during construction. Page 3 of 6 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 9pjECr/N ,Qo���� For the period ending September 30, 2018 THE EN Activity in Last Quarter J-127 Natural Gas Pipelines Replacement at Task Order 08-Aug-18 Plant Nos. 1 and 2 Advertisement PS17-08 CEQA - Facilities Master Plan RFP 25-Sep-18 Advertisement PS15-06 Seismic Evaluation of Structures at Final Study 14-Aug-18 Plant Nos. 1 and 2 Received Anticipated Activity in Next Quarter P1-132 Uninterruptable Power Supply RFP 02-Nov-18 Improvements at Plant 1 Advertisement FRC-001 Sunflower Trunkline Liner Repairs RFP 06-Dec-18 Advertisement P2-125 Plant 2 Southwest Perimeter RFP 04-Dec-18 Screening Advertisement J-127 Natural Gas Pipelines Replacement at Task Order 05-Nov-18 Plant Nos. 1 and 2 Award PS17-10 Emergency Overflow Weirs, Wing Task Order 23-Oct-18 Wall Structural and Geotechnical Advertisement Investigations PS18-01 Asset Management Plan Task Order 06-Nov-18 Development Advertisement PS16-04 Rectangular Primary Clarifier Final Study 12-Oct-18 Reliability Study at Plant No. 1 Received Page 4 of 6 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 9pjECr/N ,Qo���� For the period ending September 30, 2018 THE EN Master Agreements are issued to a pool of pre-qualified consultants for smaller projects. On those smaller projects, the Sanitation District solicits task order proposals from three or four of the firms, and awards a task order to the most qualified consultant. There are currently seven sets of Master Agreements. • 2009 Master Design Agreements (expired) • 2012 Master Design Agreements (expired) • 2015 Master Design Agreements (expired) • 2018 Master Design Agreements • 2017 Master Agreements for CEQA Studies • 2017 Master Agreements for Collection Planning Studies • 2017 Master Agreements for Wastewater Treatment Planning Studies The three Master Design Agreements from 2009, 2012, and 2015 have expired, meaning no new task orders can be issued under them, but previously-issued task orders remain active until completed. Task Orders are limited by Sanitation District Ordinance No. OCSD-47 $300,000 per task order. PART 3 — MASTER BUDGET PROJECTS The Board-adopted budget for Fiscal Years 2016-17 and 2017-18 includes master program budgets that allow staff to more quickly initiate, execute, and manage smaller projects that fit within the scope of a particular program. The projects chartered under these program budgets are referred to as sub-projects, and are managed to the same standards as projects specifically listed in the adopted budget. A status table for each of these programs listing the sub-projects is attached. Master Program Title Status Table Planning Studies Table 3.1 Research Program Table 3.2 Small Construction Projects Program Table 3.3 Information Technology Capital Program Table 3.4 Page 5 of 6 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 9pjECr/N ,Qo���� For the period ending September 30, 2018 THE EN PART 4 — STAFF AUGMENTATION CONTRACT In May 2016, the Sanitation District Board of Directors approved a $41 million professional services agreement with Jacobs Project Management Co. to provide supplemental engineering and support staff services for a four-year term with the option of three one-year renewals. The benefits of using staff augmentation, as opposed to hiring full-time staff or limited-term employees, include rapid mobilization of highly skilled/technical staff, flexibility to change the mix of staff positions on an immediate and as-needed basis, the ability to reduce staff as workloads decrease, access to technical experts to support special tasks, and access to staff with wastewater project experience. CHARTS AND TABLES Chart 1.1 — Program Overview Chart 1.2 — Change Order Rates Over Time —All Closed Projects Chart 1.3 — Change Order Rates Over Time — Collections Projects Chart 1.4 — Change Order Rates Over Time — Plant Projects Table 1.1 — Summary of Closed Construction Contracts by Category Table 1.2 —Contract Performance — Active Construction Contracts Table 1.3 —Active Construction Contracts by Contractor Table 2.1 — Active Design Consultant Contracts by Consultant Table 2.2 — Activity Report for 2012 Master Professional Design Services Agreements Table 2.3 — Activity Report for 2015 Master Professional Design Services Agreements Table 2.4 — Activity Report for 2018 Master Professional Design Services Agreements Table 2.5 — Activity Report for 2017 Master Agreements for CEQA Studies Table 2.6 — Activity Report for 2017 Master Agreements for Collection Planning Studies Table 2.7 — Activity Report for 2017 Master Agreements for Wastewater Treatment Studies Table 3.1 — Planning Studies Status Report Table 3.2 — Research Program Status Report Table 3.3 — Small Construction Project Program Status Report Table 3.4 — Information Technology Capital Program Status Report Table 4.1 — Staff Augmentation Contract Status Table 4.2 — Staff Augmentation Labor Summary Page 6 of 6 Chart 1.1 Program Overview CUMULATIVE DATA THROUGH QUARTER ENDING SEPTEMBER 30,2018 1 QTR FY18/19 I •Collections •Collections `` ■Plant Projects •Plant Projects CLOSED PROJECTS DISTRIBUTION BY CATEGORY* ACTIVE PROJECTS DISTRIBUTION BY CATEGORY Total Base Contract Value $ 1,251,217,140 Total Base Contract Value $ 283,673,091 Collections $ 312,548,525 25.0% Collections $ 63,330,301 22.3% Plant Projects $ 938,668,615 75.0% Plant Projects $ 220,342,790 77.7% Total Base#of Contracts 71 Total Base#of Contracts 25 Collections 31 Collections 3 Plant Projects 40 Plant Projects 22 *Projects closed since 2 QTR FY07/08 Chart 1.2 Change Order Rates Over Time All Closed Projects 7.00% 6.1% 6.00% 5.7% 5.3% 5.2%5.2% 4.9%5.0% 5.00% 4.7% 4.7% 4.7%4.7%4.7% 4.8% 4.8% 5.0% � 4.6% 3.8% 4.00% 3.8% 3.8% 3.8%3.8% 3.8% 3.5% 3.4% 3.5% 3.00% Contracts Closed in Last Quarter Original Value Change Orders 2.00% FE15-06 Gas Compressor Building Piping $909,700 0.00% o Replacement at Plant 2 P2-118 Activated Sludge Aeration Basin Deck o Repair at Plant No.2 $906,975 9.61/0 FE16-05 Buried Water Valve Support p 1.00% Upgrades at Plant $139,000 12.01/0 0.00% N 'n � r-i N M 'zT r-i N M 'zT r-i N M qT N N M 'T -1 N rn � c-i N M T r-i N M qT -4 N M qT -4 N Cn T c-i N n9 T c-i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 Q1 Q1 Q1 M O O O O c-i c-i c-i c-i N N N N n9 n9 cn cn 4 4 4 4 Ln Ln Ln Ln to lD to to n n n n 00 00 00 00 61 0 0 0 0 0 0 o N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Chart 1.3 Change Order Rates Over Time Closed Collections Projects 14.00% 12.35% 12.00% 11.19% 10.00% 9.53% 8.91% 9.08% 8.00% 7.14% 7.14% 7.14% 7.10% 6.77% 6.19 o 5.88% 5.810 6.00% 5.52% 5.51% 5.34% 5.51% 5.51% 4.00% 2.00% 0.00% N M ItT ci N M 1:t ci N M V ci N M 1:t -1 N M Rt ci N M t c-I N M V ci N M .--I N M Rt ci N M 1:t ci N M V ci O O O O O O O O CD O CD O O O O O O O O O CD CD CD O O O O O O O O O O O O O O O O O O 00 Oo 66 61 D1 61 61 O 25 25 25 ci r-I ci ci N N N N M M M M V F 4 V V1 ui ui V1 lD w w lD I- n n n 00 So Oo Oo 61 Chart 1.4 Change Order Rates Over Time Closed Plant Projects 7.00% 6.00% 5.73% 5.00% 4.31% 4 28% 4.36% 4.19% 4.18% 4.11% 4.20% 4.04% 3.89 0 4.00% 3.11% 3.00% 2.88% 2.90% 2.90% 2.70% 2.59% 2.00% 1.00% 0.00% N M zT rti N M IcT rti N co zT rti N M IcT rti N co �T "I N M �* ry N M zT ry N M ry N M zT ry N M rti N M zT ry O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 00 00 Ol 0) 01 Ol O O O O rti rti rti rti N N N N M M M M V V V V M M M M lD lD lD lD r� n n n W W W W M O O O 0 0 0 0 r-i rti r-I rq ry ry rti rti rti "q rq rq ry ry rti rti ry "q "I "I "I "I "I "I "q "q ry rq ry ry rti rti ry ry ry ry ry Table 1.1 Summary of Closed Construction Contracts by Category • Order Category Project Category Value Orders Contract Value Percentage Change Order Goal COLLECTIONS $312,548,525 $28,378,795 $340,927,320 9.08% 6.50% PLANT PROJECTS $938,668,615 $37,896,088 $976,564,703 4.04% 2.75% Total $1,251,217,140 $ 66,274,883 $1,317,492,023 5.30% 5.00% Table 1.2 Contract Performance - Active Construction Contracts Project No Construction Original Contract Approved Change Current Contract %Complete Amount Orders Amount Collections 2-72B 0.00% $ 58,242,000 $ - $ 58,242,000 6-17 50.00% $ 3,699,301 $ 344,931 $ 4,044,232 FE15-10 3.00% $ 1,389,000 $ - $ 1,389,000 Plant Projects ILMM FE14-03 70.00% $ 594,000 $ 19,739 $ 613,739 FE15-06 0.00% $ 909,700 $ - $ 909,700 FE15-07 0.00% $ 1,790,000 $ - $ 1,790,000 FE15-09 0.00% $ 94,784 $ - $ 94,784 FE16-05 0.00% $ 139,000 $ - $ 139,000 FE16-10 0.00% $ 529,350 $ - $ 529,350 FE16-14 0.00% $ 459,674 $ - $ 459,674 J-117A 33.00% $ 12,609,012 $ 306,997 $ 12,916,009 J-126AH 0.00% $ 452,757 $ - $ 905,514 J-126BFG 4.00% $ 557,759 $ - $ 1,115,518 J-126E 16.00% $ 418,000 $ - $ 836,000 J-126L 0.00% $ 212,700 $ - $ 425,400 P1-101 98.00% $ 126,908,300 $ 10,091,285 $ 136,999,585 PI-115B 1.00% $ 2,235,563 $ 39,129 $ 2,274,692 P2-110 19.00% $ 16,730,000 $ 579,733 $ 17,309,733 P2-118 4.00% $ 906,975 $ 87,124 $ 994,099 P2-92 79.00% $ 49,850,000 $ 1,139,765 $ 50,989,765 P2-92A 15.00% $ 3,304,000 $ - $ 3,304,000 Table 1.3 Active Construction Contracts by Contractor Contractor/Project Number Project Name Current Contract Value Abhe&Svoboda, Inc. P2-118 Activated Sludge Aeration Basin Deck Repair at Plant No. 2 $ 906,975 Access Pacific J-126E Roof Fall Protection and Skylights $ 418,000 AMPCO Contracting FE16-05 Buried Water Valve Support Upgrades at Plant 2 $ 139,000 Amtek Construction J-126AH Hot Surfaces Insulation P1/P2/Bay Bridge PS/Slater PS $ 452,757 J-126BFG Lights, Ladder and Walkway Hazards $ 557,759 Charles King Company, Inc. 6-17 District 6 Trunk Sewer Relief $ 3,699,301 FE15-10 East Lido Force Main Rehabilitation $ 1,389,000 Filanc _ FE15-09 CenGen Hot Water Pipe Bracing at Plant 1 $ 94,784 Flatiron West Inc 1132-110 Consolidated Demolition and Utility Improvements at Plant 2 $ 16,730,000 Howard Ridley Co. Inc. FE16-10 East Basin Distribution Box Repair $ 529,350 Kiewit Infrastructure West Co. 7-37 Gisler- Red Hill Trunk Improvements - Reach B $ 15,432,000 FE13-04 Plant No. 2 Trickling Filter Chemical Odor Control $ 2,514,000 P2-92A Truck Loading Bay Odor Control at Plant 2 $ 3,304,000 ODC Engineering and Technology P1-115B Rehabilitation of Fleet Services Building, Building 8 and Paving Area $ 2,235,563 OHL USA 2-72B Newhope-Placentia Trunk Replacement,Segment B $ 58,242,000 Shimmick Construction Co., Inc. J-117A Interplant Effluent Pipeline Rehabilitation $ 12,609,012 P2-92 Sludge Dewatering and Odor Control at Plant 2 $ 49,850,000 Table 1.3 Active Construction Contracts by Contractor Contractor/Project Number Project Name Current Contract Value Tharsos, Inc. FE14-03 Rehabilitation of Digester Mixing Pumps at P2 Digesters E, H, R, S, and T $ 594,000 W. M. Lyles Company FE15-06 Gas Compressor Building Piping Replacement at Plant 2 $ 909,700 WM Lyles Company Table 2.1 Active Design Consultant Contracts by Consultant Project Agreement Original Number of Amendments Number Project Name 0 Type Value Amendments To Date AECOM Technical Services,Inc. $ 20,923,626 6 $ 675,218 3-64 Rehabilitation of Western Regional Sewers PDSA $ 17,639,250 6 $ 675,218 PI-100 Digester Rehabilitation at Plant 1 PCSA $ 2,761,337 0 $ - P1-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No.1 PDSA $ 523,039 0 $ - Arcadis $ 8,677,000 2 $ 1,639,027 5-67 Bay Bridge Pump Station Replacement PDSA $ 7,137,000 1 $ 139,027 J-126 Safety Improvements Program PDSA $ 1,540,000 1 $ 1,500,000 Atkins North America,Inc. $ 611,307 2 $ 61,019 J-110 Final Effluent Sampler and Building Area Upgrades PCSA $ 611,307 2 $ 61,019 Black&Veatch $ 21,169,014 7 $ 1,081,016 J-111 Cengen Emissions Control Project PSA $ 62,035 0 $ - P2-98 Primary Treatment Rehabilitation at Plant 2 PDSA $ 18,141,423 4 $ 908,396 PS15-01 Biosolids Master Plan PSA $ 2,965,556 3 $ 172,620 Brown and Caldwell $ 29,518,131 25 $ 5,008,220 5-60 Newport Force Main Rehabilitation PCSA $ 2,231,925 4 $ 839,714 J-117 Ocean Outfall System Rehabilitation PDSA $ 6,778,015 15 $ 3,637,452 J-117A Interplant Effluent Pipeline Rehabilitation PCSA $ 1,121,666 0 $ - J-124 Digester Gas Facilities Rehabilitation PDSA $ 11,770,000 0 $ - P2-107 SCADA System and Network Upgrades PDSA $ 2,818,197 6 $ 531,054 P2-92 Sludge Dewatering and Odor Control at Plant 2 PCSA $ 4,798,328 0 $ - Carollo Engineers $ 21,190,979 8 $ 2,695,126 P1-105 Headworks Rehabilitation and Expansion at Plant 1 PDSA $ 17,528,957 3 $ 2,486,715 P3-123 Trunk Line Odor Control Improvements PCSA $ 529,970 0 $ - PS15-10 2017 Facilities Master Plan PSA $ 3,132,052 5 $ 208,411 CDM Smith $ 5,319,930 0 $ - P2-122 Headworks Modifications at Plant 2 for GWRS Final Expansion PDSA $ 5,319,930 0 $ - Dudek&Associates,Inc. $ 256,478 0 $ - PS15-07 Pressurization and Odor Control Study at Newport Beach PSA $ 256,478 0 $ - Geosyntec Consultants $ 2,578,028 1 $ 85,358 PS15-06 Seismic Evaluation of Structures at Plant Nos.1 and 2 PSA $ 2,578,028 1 $ 85,358 HDR Engineering,Inc. $ 19,057,648 7 $ 3,251,999 FE16-11 Lane Channel Crossing PDCSSA $ 131,939 0 $ - P1-101 Sludge Dewatering and Odor Control at Plant 1 PCSA $ 7,140,000 3 $ 2,086,303 P1-128 Headquarters Complex,Site and Security,and Entrance Realignment Program PDSA $ 11,785,709 4 $ 1,165,696 Lee&Ro $ 11,722,178 5 $ 434,974 2-72 Newhope-Placentia Trunk Replacement PDSA $ 8,468,232 4 $ 434,974 2-72 Newhope-Placentia Trunk Replacement PCSA $ 3,253,946 1 $ - Table 2.1 Active Design Consultant Contracts by Consultant Project Agreement Original Number of Amendments IL Number Project Name Type Value Amendments To Date Lockwood,Andrews&Newnam,Inc(LAN) $ 505,042 0 $ - PS15-02 Edinger Pump Station Rehabilitation Study PSA $ 505,042 0 $ - LSAASSOCIATESINC $ 420,927 1 $ - P1-128 Headquarters Complex,Site and Security,and Entrance Realignment Program PSA $ 420,927 1 $ - MICHAEL BAKER INTERNATIONAL,INC. $ 1,114,313 1 $ 54,839 2-41-8 SARI Rock Stabilizers Removal PDSA $ 399,013 0 $ - PS16-01 Stormwater Master Plan PSA $ 715,300 1 $ 54,839 PM Web Inc $ 1,022,500 1 $ 74,525 J-128 Project Management Information System PSA $ 1,022,500 1 $ 74,525 Stantec Consulting Services,Inc. _ $ 9,815,880 4 $ 641,768 3-62 Westminster Blvd Force Main Replacement PDSA $ 6,917,175 4 $ 641,768 P2-110 Consolidated Demolition and Utility Improvements at Plant 2 PCSA $ 1,499,839 0 $ - SP-196 Process Control Systems Upgrades Study PSA $ 1,398,866 0 $ - THE AUSTIN COMPANY $ 2,806,622 6 $ 549,321 P3-115 Title 24 Access Compliance and Building Rehabilitation Project PDSA $ 2,200,000 6 $ 549,321 P1-115 Title 24 Access Compliance and Building Rehabilitation Project PCSA $ 606,622 0 $ - Woodard&Curran $ 3,092,675 3 $ 19,372 6-17 District 6 Trunk Sewer Relief PCSA $ 290,000 1 $ - PS15-08 Collections Capacity Evaluation Study PSA $ 2,802,675 2 $ 19,372 Table 2.2 Activity Report for 2012 Master Professional Design Services Agreements Firm Task Order Status PROJECT TITLE/DESCRIPTION FY12-13 FY13-14 FY14-15 FE13-02, Repairs to Bar Screen at D Headworks at $ 27,980.00 12-00-01-01 Closed P2 FE13-02 Amendment No. 1 $ 9,200.00 FE13-02 Amendment No.2 $ 6,770.00 FR12-035, Edinger Pump Station Record Drawing LEE &RO, INC 12-00-01-02 Closed Preparation $ 42,511.00 PO#104615-OB FR12-035 Amendment No. 1 $ 10,455.00 Contract No. FE12-00-01 12-00-01-03 Closed FE13-01, (5-60)Newport Force Main Rehabilitation $ 74,600.00 FE13-01 5-60 Amendment No. 1 $ 24,943.00 FR13-020, Plant No. 2 Gas Compressor Building Piping Replacement $ 68,917.00 12-00-01-04 Open FR13-020 Amendment No. 1 $ 30,568.00 FIR 13-020 Amendment No. 2 $ 25,896.00 CUMULATIVE $ 43,950.00 $ 152,509.00 $ 125,381.00 12-00-02-01 Closed FE12-06,84-inch P2 PI Line for Dist. Box B Rehab. $ 64,095.00 and Flow Meter Structure Aban.CLOSED DUDEK&ASSOCIATES, INC. FE09-04, P1 Potable Water System Improvements $ 50,472.00 PO#104616-OB 12-00-02-02 Closed Contract No. FE12-00-02 FE09-04 Amendment No. 1 $ 13,320.00 12-00-02-03 Closed FE14-04, Primary Influent Channels Repair at Plant 1 $71,841.00 CUMULATIVE $ 64,095.00 $ 63,792.00 $ 71,841.00 FR12-003,Warner Avenue Manholes Structural $ 42,081.00 RMC WATER AND ENVIRONMENT 12-00-03-01 Closed Repair Project PO#104611-OB FR12-003 Amendment No. 1 $ 24,739.00 Contract No. FE12-00-03 12-00-03-02 Closed FR13-012,Santa Ana River Interceptor $ 56,404.00 CUMULATIVEI $ 66,820.00 1 $ 56,404.00 1 $ - Table 2.2 Activity Report for 2012 Master Professional Design Services Agreements Firm Task Order Status PROJECT TITLE/DESCRIPTION FY12-13 FY13-14 FY14-15 TRAN CONSULTING ENGINEERS 12-00-04-01 Closed FR12-012,Slater Ave VFD Replacement $ 39,963.00 PO#104617-OB Contract No. FE12-00-04 FR12-012 Amendment No. 1 $ 26,968.00 CUMULATIVE $ 66,931.00 $ - $ - FE10-19, Landscaping and Miscellaneous $ 74,957.00 RBF CONSULTING Improvements Along Ellis Avenue PO#104626-OB 12-00 05-01 Closed FE10-19 Amendment No.1 $ 12,295.00 Contract No. FE12-00-05 FE10-19 Amendment No.2 $ 5,876.00 CUMULATIVE $ 93,128.00 $ 12-00-06-01 Closed FR12-030, P2 Solids Loading Station Truck Loading $ 15,935.00 Auger Access FE12-05, 15th St, Rocky Point and Bitter Point Pump IDS GROUP $ 40,575.00 PO#104614-OB 12-00-06-02 Closed Station Fall Protection Improvements Contract No. FE12-00-06 FE12-05 Amendment No. 1 $ 2,330.00 12-00-06-03 Closed FE12-10, IT Server Room Cooling Improvements $ 43,470.00 12-00-06-04 Closed FE14-01, Plant 1 Primary Sludge Handling $6,200.00 Modifications CUMULATIVE $ 58,840.00 $ 43,470.00 $ 6,200.00 PSOMAS 12-00-07-01 Closed FE12-02, P1 Hazardous Waste Storage Relocation $ 51,400.00 PO#104610-OB Contract No. FE12-00-07 CUMULATIVE1 $ 51,400.00 1 $ - $ - Table 2.2 Activity Report for 2012 Master Professional Design Services Agreements Firm Task Order Status PROJECT TITLE/DESCRIPTION FY12-13 FY13-14 FY14-15 FE10-21,Area 02 Craig Regional Park Manhole $ 58,440.00 12-00-08-01 Open Improvements FE10-21 Amendment No. 1 $ 18,780.00 FE10-21 Amendment No. 2 $ 22,780.00 GHD 12-00-08-02 Closed FE12-07, Upgrade PLC Panels at P1 and P2- $ 69,840.00 PO#104612-OB FE13-04, Plant 2 Trickling Filter Odor Control System $ 74,910.00 Contract No. FE12-00-08 Upgrade 12-00-08-03 Open FE13-04 Amendment No. 1 $ 9,635.00 FE13-04 Amendment No. 2 $ 14,455.00 FE13-04 Amendment No. 3 $ 24,235.00 FE13-04 Amendment No.4 $ 11,095.00 CUMULATIVE $ 169,840.00 $ - $ 134,330.00 RMS ENGINEERING &DESIGN, INC. 12-00-09-01 Closed FE12-08, P2 TF/SC Blower Insultation Modifications $ 57,351.00 PO#104625-OB Contract No. FE12-00-09 FE12-08 Amendment No. 1 $ 27,390.00 CUMULATIVE $ - $ 84,741.00 $ - HARRIS AND ASSOCIATES PO#104613-OB Contract No. FE12-00-10 CUMULATIVE $ - $ - $ - TOTAL $ 615,004.00 $ 400,916.00 $ 337,752.00 Table 2.3 Activity Report for 2015 Master Professional Design Services Agreements Firm Task Order Status Project Title/Description FY15-16 FY16-17 FY17-18 FE14-05, Plant No. 1 Fleet Services UST Leak $86,116.00 FE15-00-01-01 Open Remediation DUDEK FE14-05 Amendment No. 1 $53,137.00 Purchase Order No. 105435OB FE14-05 Amendment No. 1 $20,000.00 Contract No. FE15-00-01 FE15-00-01-02 Open FE15-09, CenGen Hot Water Pipe Bracing at P1 $146,516.00 FE15-00-01-03 Open FE16-14, Slater Pump Station Valve Replacements $175,500.00 FISCAL YEAR TOTAL $159,253.00 $146,516.00 $175,500.00 LEE & RO, INC. No task orders issued Purchase Order No. 105436OB Contract No. FE15-00-02 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 GHD, INC. No task orders issued Purchase Order No. 105469OB Contract No. FE15-00-03 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 FE15-00-04-01 Open PS17-02Guidelines for Development in the Area of $93,186.61 AECOM OCSD Facilities Purchase Order No. 105440OB Contract No. FE15-00-04 FISCAL YEAR TOTAL $0.00 $0.00 $93,186.61 HAZEN AND SAWYER No task orders issued Purchase Order No. 105451 OB Contract No. FE15-00-05 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 FE15-00-06-01 Open PS16-04, Rectangular Primary Clarifier Reliability $156,518.00 RMC WATER AND ENVIRONMENT Study at Plant 1 Purchase Order No. 105441 OB Contract No. FE15-00-06 Table 2.3 Activity Report for 2015 Master Professional Design Services Agreements Firm I Task Order Status Project Title/Description I FY15-16 FY16-17 FY17-18 FISCAL YEAR TOTALI $0.00 1 $0.00 1 $156,518.00 Table 2.3 Activity Report for 2015 Master Professional Design Services Agreements Firm Task Order Status Project Title/Description FY15-16 FY16-17 FY17-18 PROJECTLINE TECHNICAL FE15-00-07-01 Closed FE15-02, Plant No. 2 Control Center Server Room $83,624.00 SERVICES, INC. HVAC Upgrade Purchase Order No. 105452OB Contract No. FE15-00-07 FISCAL YEAR TOTAL $83,624.00 $0.00 $0.00 TAIT&ASSOCIATES, INC. No task orders issued Purchase Order No. 105449OB Contract No. FE15-00-08 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 BEYAZ&PATEL, INC. No task orders issued Purchase Order No. 105445OB Contract No. FE15-00-09 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 IDS GROUP, INC. No task orders issued Purchase Order No. 105437OB Contract No. FE15-00-10 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 KLEINFELDER, INC. No task orders issued Purchase Order No. 105433OB Contract No. FE15-00-11 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 RMS ENGINEERING & DESIGN, INC. FE15-00-12-01 Open FE16-10, East Basin Distribution Box Repair $79,990.00 Purchase Order No. 105439OB Contract No. FE15-00-12 FISCAL YEAR TOTAL $0.00 $79,990.00 $0.00 TOTAL $242,877.03 $226,506.00 $425,204.61 Table 2.4 Activity Report for 2018 Master Professional Design Services Agreements Firm Task Order Status Project Title/Description FY18-19 FY19-20 FY20-21 No Task Orders Issued to Date AECOM Contract No. FE18-00-01 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Black&Veatch Contract No. FE18-00-02 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Dudek Contract No. FE18-00-03 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date GHD Contract No. FE18-00-04 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date HDR Engineering Contract No. FE18-00-05 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date IDS Group Contract No. FE18-00-06 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Infrastructure Engineering Contract No. FE18-00-07 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Michael Baker International Contract No. FE18-00-08 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $0.00 Table 2.5 Activity Report for 2017 Master Agreements for CEQA Studies Firm Task Order Status Project Title/Description FY18-19 FY19-20 FY20-21 No Task Orders Issued to Date HDR Engineering CEQA PLAN2017-01 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Michael Baker International CEQA PLAN2017-02 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Helix Environmental CEQA PLAN2017-03 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date ESA CEQA PLAN2017-04 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date AECOM CEQA PLAN2017-05 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date LSA CEQA PLAN2017-06 FISCAL YEAR TOTAL $0.00 $0.00 $0.00 TOTALI $0.00 $0.00 $0.00 Table 2.6 Activity Report for 2017 Master Agreements for Collection Planning Studies Firm Task Order Status Project Title/Description FY17-18 FY18-19 FY19-20 No Task Orders Issued to Date Brown and Caldwell PLAN2017-01 (Collections) FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date AECOM PLAN2017-02 (Collections) FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date HDR Engineering PLAN2017-03 (Collections) FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Dudek PLAN2017-04(Collections) FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Woodard and Curran PLAN2017-05(Collections) FISCAL YEAR TOTALI $0.00 $0.00 1 $0.00 TOTALI $0.00 1 $0.00 1 $0.00 Table 2.7 Activity Report for 2017 Master Agreements for Wastewater Treatment Studies Firm Task Order Status Project Title/Description FY18-19 FY19-20 FY20-21 No Task Orders Issued to Date Brown and Caldwell PLAN2017-01 (Wastewater) FISCAL YEAR TOTAL $0.00 $0.00 $0.00 2017-02-01WW Open Spill Prevention, Control, and Countermeasure Plan $28,221.00 AECOM for Sludge Dewatering and Odor Control at Plant 1 PLAN2017-02 (Wastewater) FISCAL YEAR TOTAL $28,221.00 $0.00 $0.00 No Task Orders Issued to Date HDR Engineering PLAN2017-03 (Wastewater) FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Dudek PLAN2017-04(Wastewater) FISCAL YEAR TOTAL $0.00 $0.00 $0.00 No Task Orders Issued to Date Woodard and Curran PLAN2017-05(Wastewater) FISCAL YEAR TOTAL $0.00 $0.00 $0.00 TOTAL $28,221.00 $0.00 $0.00 Table 3.1 Planning Studies Status Report Project Number Project Name Status Allocated Budget PSIS-01 PS15-01 Biosolids Master Plan Project Develop. $ 4,000,000 PS15-02 PSIS-02 Edinger Pump Station Rehabilitation Study Project Develop. $ 971,000 PS15-06 PS15-06 Seismic Evaluation of Structures at Plant Nos. 1 and 2 Project Develop. $ 3,860,000 PS15-07 PSIS-07 Pressurization and Odor Control Study at Newport Beach Project Develop. $ 375,000 PS15-08 PS15-08 Collections Capacity Evaluation Study Project Develop. $ 3,682,000 PS15-10 PS15-10 2017 Facilities Master Plan Project Develop. $ 4,150,000 PS16-01 PS16-01 Stormwater Master Plan Project Develop. $ 1,415,700 PS16-02 PS16-02 SCE Feed Reliability Improvements Study Project Develop. $ 293,000 PS16-04 PS16-04 Rectangular Primary Clarifier Reliability Study at Plant No. 1 Project Develop. $ 420,000 PS17-01 PS17-01 Fire Flow Testing at Plant No. 1 Cancelled $ 28,043 PS17-02 PS17-02 Guidelines for Development in the Area of OCSD Facilities Project Develop. $ 176,000 PS17-03 PS17-03 Active Fault Location Study at Plant No. 2 Project Develop. $ 1,121,000 PS17-04 PS17-04 Office Workspace Study for Plant No 1 and 2 Project Develop. $ 77,000 PS17-08 PS17-08 CEQA- Facilities Master Plan Project Develop. $ 448,000 PS17-09 PS17-09 Calibration of Plant 1/Plant 2 InfoWorks Hydraulic Model Project Develop. $ 40,000 PS17-10 PS17-10 Emergency Overflow Weirs,Wing Wall Structural and Geotechnical Project Develop. $ 357,000 PS18-01 PS18-01 Asset Management Plan Development Project Develop. $ 420,000 PS18-02 PS18-02 Bushard Diversion Structure Rehabilitation Study Project Develop. $ 96,000 Grand Total $ 21,929,743 Total Chartered Project 18 Board Approved Program Budget $ 28,652,000 Remaining Unallocated Budget $ 6,722,257 Table 3.2 Research Program Status Report Project Number Project Name Status Allocated Budget RE17-01 RE17-01 Operational Research Technical Support FY18-19 Project Develop. $ 650,000 RE17-02 RE17-02 Biogas Scrubber Evaluation Project Develop. $ 865,000 RE17-03 RE17-03 Reliant Wet Well Wizard Test Project Develop. $ 74,000 RE17-04 RE17-04 AquaNereda Aerobic Granular Sludge Process Project Develop. $ 242,000 RE17-05 RE17-05 Organica FCR Process Project Develop. $ 242,000 RE17-06 RE17-06 TWAS Pump Reliability Improvement Trials at Plant No. 2 Close-Out $ 46,000 RE17-07 RE17-07 Super Oxygenation System Research at Seal Beach Pump Station Project Develop. $ _ 80,000 Grand Total $ 2,199,000 Total Chartered Project 7 Board Approved Program Budget $ 8,500,000 Remaining Unallocated Budget $ 6,301,000 Table 3.3 Small Construction Projects Program -Status Report Project Number Project Name Status Allocated Budget FE10-21 FE10-21 Area 02 Craig Regional Park Manhole Improvements Design $ 1,359,000 FE12-10 FE12-10 IT Server Room Cooling Improvements Closed $ 956,086 FE13-04 FE13-04 Plant No.2 Trickling Filter Chemical Odor Control Close-Out $ 4,730,000 FE14-03 FE14-03 Rehabilitation of Digester Mixing Pumps at P2 Digesters E,H,R,S,a Close-Out $ 1,360,000 FE14-05 FE14-05 Plant No.1 Fleet Services UST Leak Remediation Design $ 1,487,311 FE15-01 FE15-01 Fullerton Creek Channel Crossing Design $ 90,000 FE15-06 FE15-06 Gas Compressor Building Piping Replacement at Plant 2 Close-Out $ 3,924,000 FE15-07 FE15-07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Construction $ 3,319,600 FE15-09 FE15-09 CenGen Hot Water Pipe Bracing at Plant 1 Design $ 425,000 FE15-10 FE15-10 East Lido Force Main Rehabilitation Construction $ 2,628,000 FE16-01 FE16-01 Big Canyon Nature Park Improvements Closed $ 29,915 FE16-02 FE16-02 Jamboree Sewer Realignment at Big Canyon Closed $ 54,434 FE16-05 FE16-05 Buried Water Valve Support Upgrades at Plant 2 Construction $ 500,000 FE16-06 FE16-06 Fuel Cell Facilities Demolition Design $ 520,000 FE16-08 FE16-08 Carbon Canyon Clay Pipe Repairs Construction $ 1,131,000 FE16-10 FE16-10 East Basin Distribution Box Repair Construction $ 1,021,960 FE16-11 FE16-11 Lane Channel Crossing Design $ 500,000 FE16-12 FE16-12 Garfield Road Perimeter Security Fence Construction $ 90,000 FE16-13 FE16-13 Collections Infrastructure Relocation at Plant 2,Phase 1B Close-Out $ 120,000 FE16-14 FE16-14 Slater Pump Station Valve Replacements Bid and Award $ 1,050,000 FE17-01 FE17-01 Carbon Canyon Pipeline Sag Repairs Design $ 783,000 FE17-03 FE17-03 Battery Storage System at Plant No.1 Project Develop. $ 571,000 FE17-04 FE17-04 Storm Water Compliance Improvements at 3 Pump Stations Cancelled $ 8,929 FE17-05 FE17-05 Plant 1 ICS Network Extension Design $ 950,000 FE17-06 FE17-06 Tustin Ave Manhole and Pipe Repair Project Develop. $ 273,000 FE17-07 FE17-07 Fruit Street Trunk Sewer Relocation-OC Streetcar Project Develop. $ 334,000 FE17-08 FE17-08 Big Canyon Trunk Sewer Realignment-BCCC Maintenance Yard Project Develop. $ 130,000 FE18-01 FE18-01 Interim Relocation to 18350 Mt.Langley Project Develop. $ 665,000 FE18-02 FE18-02 Jamboree Sewer Transfer Preliminary Des. $ 300,000 FE18-03 FE18-03 Building 6 Staff Consolidation Not Authorized $ - FE18-04 FE18-04 Activated Sludge Basin Lighting Repair at Plant No.2 Not Authorized $ FE18-06 FE18-06 Instrument Air Compressors Replacement at Plant Nos.1 and 2 Cer Not Authorized $ FE18-08 FE18-08 West Trunk Bypass Sewer Relignment Not Authorized $ - Grand Total $ 29,311,235 Total Chartered Project 33 Board Approved Program Budget $ 55,000,000 Remaining Unallocated Budget $ 25,688,765 Table 3.4 Information Technology Capital Program Status Report Project Number Project Name Status Allocated Budget IT16-03 IT16-03 Plant 2 Internet Connection Active $ 50,000 IT16-05 IT16-05 Plant 2 Radio Repeater Upgrade Active $ 35,000 IT16-06 IT16-06 Network Equipment 2016-17 Active $ 44,302 IT16-07 IT16-07 Server Replacement and Obsolescence Active $ 337,332 IT16-08 IT16-08 IT Security 2016-17 Active $ 164,912 IT16-09 IT16-09 iPACS Enhancements Active $ 85,000 IT16-10 IT16-10 LIMS Compliance Improv Project Active $ 490,000 IT16-11 IT16-11 Business Continuity Plan Active $ 490,000 IT17-01 IT17-01 VMWare Active $ 416,968 IT17-02 IT17-02 Upgrade Active Directory Directory to 2016 Active $ 56,000 IT17-03 IT17-03 Upgrade ShoreTel System Server Active $ 199,644 IT17-04 IT17-04 PCI Improvements Active $ 131,093 IT17-05 IT17-05 Conference Room Monitor Upgrade Active $ 127,896 IT17-06 IT17-06 Printer Obsolescence Active $ 371,207 IT17-07 IT17-07 Safety Management Suite Active $ 170,077 IT17-08 IT17-08 Perimeter Physical Security Im Active $ 170,077 IT17-09 IT17-09 MYOCSD Redesign Active $ 170,077 IT17-10 IT17-10 Electronic Operator Round Form Active $ 170,077 IT17-11 IT17-11 P2 Radio Repeater Active $ 170,077 IT17-12 IT17-12 Sever/Network Power Improvements Active $ 90,000 IT17-13 IT17-13 Graphric Workstations for PAO Active $ 15,000 IT17-14 IT17-14 Specialized Application Programing&Support Active $ 600,000 IT17-15 IT17-15 Data Storage Replac/Obsolescens Active $ _ 600,000 Grand Total $ 5,154,739 Total Chartered Project 23 Board Approved Program Budget $ 10,000,000 Remaining Unallocated Budget $ 4,845,261 Table 4.1 Staff Augmentation Contract Status Total Fees Time Contract $41,000,000 86 months (11 Actuals to Date $12,270,009 30% 29 months 34% Remaining $28,729,991 70%1 57 months 66% 111 Assuming three 1-year extensions Table 4.2 Staff Augmentation Labor Summary This Quarter Inception to Date Labor Hours 8,877 89,924 Full Time Equivalents 19.7 20.7 Labor Costs (no expenses) $1,225,805 $12,007,031 Average Hourly Rate $138 $134 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/07/1 8 i1/i�28/ia AGENDA REPORT Item Number Item Number 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126 GENERAL MANAGER'S RECOMMENDATION A. Receive and file Bid Tabulation and Recommendation for Tharsos, Inc. for Safety Improvements Program: Roof Fall Protection and Walkway Hazards at Plant Nos. 1 and 2, and Safety Improvements at SARI Metering Station, College Avenue, Lido, Main Street, `A' Street, 15th Street, Rocky Point and Crystal Cove Pump Stations, Contract No. J-126PQ; B. Award a Construction Contract to Tharsos, Inc. for the Safety Improvements Program: Roof Fall Protection and Walkway Hazards at Plant Nos. 1 and 2, and Safety Improvements at SARI Metering Station, College Avenue, Lido, Main Street, `A' Street, 15th Street, Rocky Point and Crystal Cove Pump Stations, Contract No. J-126PQ, for a total amount not to exceed $786,000; and C. Approve a contingency of $78,600 (10%). BACKGROUND The Orange County Sanitation District (Sanitation District) owns and operates facilities that were designed and constructed from the 1950s to present. In July 2014, the Facility Wide Safety Assessment, Project No. SP-145-1, reviewed safety issues at the Sanitation District Plant Nos. 1 and 2 and pump stations. The study identified approximately 2,000 facility issues impacting worker safety and compliance with Cal/OSHA regulations including electrical, fall protection, machine guarding, hazardous area classifications, skylights, and walkway hazards. Each item was assigned a high, medium, or low priority rating. Pending resolution of the safety items, the Sanitation District took interim measures to minimize life-safety risks. There was an approximately even distribution between issues that would be addressed using Sanitation District resources and those that would be addressed through the Capital Improvement Program, depending on the nature and complexity. Items that could not be assigned to existing projects have been assigned to the Safety Improvements Program, Project No. J-126. To resolve the deficiencies as quickly as possible, Safety Improvements Program, Project No. J-126, is being executed through multiple construction packages that can be completed in a shorter time than using a single construction contract. Development of Page 1 of 3 multiple construction packages also allows higher priority safety items to be completed more quickly than lower priority items. RELEVANT STANDARDS • Provide a safe and collegial workplace PROBLEM Among the various Project No. J-126 deficiencies are approximately 52 ladder and hatch modifications at Pump Stations and 17 roof fall protection deficiencies at Plant Nos. 1 and 2. PROPOSED SOLUTION Award Construction Contract to Tharsos, Inc. for Safety Improvements Program: Roof Fall Protection and Walkway Hazards at Plant Nos. 1 and 2, and Safety Improvements at SARI Metering Station, College Avenue, Lido, Main Street, `A' Street, 15th Street, Rocky Point and Crystal Cove Pump Stations, Contract No. J-126PQ. TIMING CONCERNS Delaying resolution of the safety items poses potential threats to staff, Contractor, and visitor safety. RAMIFICATIONS OF NOT TAKING ACTION Staff, contractors, and visitors will continue to be exposed to potential safety hazards, and certain facilities will continue to not comply with code requirements. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Sanitation District advertised Contract No. J-126PQ for bid on August 28, 2018, and five sealed bids were received on October 9, 2018. A summary of the bid opening is as follows: Engineer's Estimate $ 850,000 Bidder Amount of Bid Tharsos, Inc $ 786,000 Access Pacific, Inc $ 902,000 Olsson Construction $ 939,520 IQA Construction $ 1 ,110,000 Metro Builders & Engineers Group, Ltd. $ 1 ,286,855 Page 2 of 3 The bids were evaluated in accordance with the Sanitation District's policies and procedures. A notice was sent to all bidders on October 22, 2018, informing them of the intent of Sanitation District staff to recommend award of the Construction Contract to Tharsos, Inc. Staff recommends awarding a construction contract to the lowest responsive bidder, Tharsos, Inc., for Safety Improvements Program: Roof Fall Protection and Walkway Hazards at Plant Nos. 1 and 2, and Safety Improvements at SARI Metering Station, College Avenue, Lido, Main Street, 'A' Street, 15th Street, Rocky Point and Crystal Cove Pump Stations, Contract No. J-126PQ, for a total amount not to exceed $786,000. CEQA A CEQA Notice of Exemption for this project was filed on August 14, 2015. The project is exempt from CEQA pursuant to CEQA's Class 1 Exemption for Existing Facilities (section 15301). The exemption calls for minor alteration of existing public or private structures, facilities, mechanical equipment, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This project calls for safety related modifications of existing facilities which will have no impact to existing capacity. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (FY2018-19 and 2019-20, Section 8, Page 41, Project No. J-126), and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Construction Contract TG:dm:gc Page 3 of 3 PART A CONTRACT AGREEMENT C-CA-011317 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS..................................................................1 SECTION - 2 MATERIALS AND LABOR.................................................................4 SECTION - 3 PROJECT..........................................................................................4 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION - 5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION - 6 TIME IS OF THE ESSENCE .............................................................5 SECTION - 7 EXCUSABLE DELAYS......................................................................6 SECTION - 8 EXTRA WORK...................................................................................6 SECTION - 9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT .........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ..............................................................................................9 SECTION - 13 COMPLETION................................................................................. 10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION....................... 10 SECTION - 15 SURETY BONDS ............................................................................ 12 SECTION - 16 INSURANCE.................................................................................... 13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................21 SECTION - 18 TERMINATION................................................................................21 SECTION - 19 WARRANTY....................................................................................21 SECTION - 20 ASSIGNMENT.................................................................................22 SECTION - 21 RESOLUTION OF DISPUTES ........................................................22 SECTION - 22 SAFETY & HEALTH ........................................................................23 SECTION - 23 NOTICES.........................................................................................23 C-CA-011317 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM THIS AGREEMENT is made and entered into, to be effective, this November 28, 2018, by and between Tharsos, Inc., hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION — 1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions— Definitions. CONFORMED C-CA-011317 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 1 of 24 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids —the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report (GBR), if attached as a Contract Document i. Plans and Specifications — in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans iii. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as directed. Full-size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 2 of 24 b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. C. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR's attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD's ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the CONFORMED C-CA-011317 CONTRACT NO. J-126 P AND O SAFETY IMPROVEMENTS PROGRAM Page 3 of 24 Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION — 2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION — 3 PROJECT The Project is described as: CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 4 of 24 SECTION —4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION — 5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within fifteen (15) Days from the date set forth in the "Notice to Proceed" sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within five hundred (500) Days from the effective date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes five (5) Days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. SECTION — 6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which CONFORMED C-CA-011317 CONTRACT NO. J-126 P AND 0 SAFETY IMPROVEMENTS PROGRAM Page 5 of 24 the various portions of the Work shall be installed or the priority of the Work of Subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION — 7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Work as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others — Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay" and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others — Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. SECTION — 8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Work by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by the ENGINEER. The decision of the ENGINEER shall be final. C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 6 of 24 SECTION — 9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Documents, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". SECTION — 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages." SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of Seven Hundred Eighty-Six Thousand Dollars ($786,000) as itemized on the Attached Exhibit "A". Upon satisfaction of the conditions precedent to payment set forth in the General CONFORMED C-CA-011317 CONTRACT NO. J-126 P AND O SAFETY IMPROVEMENTS PROGRAM Page 7 of 24 Requirements, Additional General Requirements and General Conditions (including but not limited to Sections entitled "Mobilization Payment Requirements" and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the Work a schedule which shows: 1. A minimum of one (1) payment to be made to the CONTRACTOR for each successive four-week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work— General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by the ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 8 of 24 B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment" means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount" for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions—"Retained Funds; Substitution of Securities." SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions — "Retained Funds; Substitution of Securities." CONFORMED C-CA-011317 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 9 of 24 SECTION — 13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION — 14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Engineering Department. The CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this public works C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 10 of 24 Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit two thousand dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Apprentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more. E. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder except as provided in paragraph (B) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. CONTRACTOR shall keep CONFORMED C-CA-011317 CONTRACT NO. J-126 P AND O SAFETY IMPROVEMENTS PROGRAM Page 11 of 24 an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. F. Registration; Record of Wages; Inspection: CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). SECTION — 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel — one in the amount of one hundred percent (100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain one hundred percent (100%) of the Contract Price. 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. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 12 of 24 name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION — 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for CONFORMED C-CA-011317 CONTRACT NO. J-126 P AND O SAFETY IMPROVEMENTS PROGRAM Page 13 of 24 and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD premises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. A. Limits of Insurance 1. General Liability: Three Million Dollars ($3,000,000) per occurrence and a general aggregate limit of Three Million Dollars ($3,000,000) for bodily injury, personal injury and property damage. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Three Million Dollars ($3,000,000) per occurrence and a general aggregate limit of Three C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 14 of 24 Million Dollars ($3,000,000) which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty (CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. CONFORMED C-CA-011317 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 15 of 24 2. Automobile Liabilitv: The CONTRACTOR shall maintain a policy of Automobile 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: Either (1) a combined single limit of Two Million Dollars ($2,000,000) and a general aggregate limit of Two Million Dollars ($2,000,000) for bodily injury, personal injury and property damage; Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. 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 automobile liability. 4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a form acceptable by OCSD. 5. Worker's Compensation/EmPloyer's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California, including employer's liability with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage with regard to Jones Act claims. C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 16 of 24 Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. 6. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD CONFORMED C-CA-011317 CONTRACT NO. J-126 P AND O SAFETY IMPROVEMENTS PROGRAM Page 17 of 24 guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. 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 by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10) days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving thirty (30) days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 18 of 24 received not less than twenty (20) days prior to the effective date of the change(s). The letter must be signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s) will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by CONFORMED C-CA-011317 CONTRACT NO. J-126 P AND O SAFETY IMPROVEMENTS PROGRAM Page 19 of 24 OCSD before Work commences. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations and work. OCSD and any public agency issuing permits for the Project must be named as "Additional Insured" on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 C. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 20 of 24 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement SECTION — 17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". SECTION — 18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or "Termination for Convenience", provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be made at the time and in the manner provided in the General Conditions, "Termination for Default" and "Termination for Convenience". SECTION — 19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD's designs, Drawings and Specifications. CONFORMED C-CA-011317 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 21 of 24 The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final Completion" that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any corrected deficiency until the later of(1) the remainder of the original one-year warranty period; or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. SECTION — 20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION — 21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 22 of 24 arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION — 22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by Federal, State, City, and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. SECTION — 23 NOTICES Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: Tharsos, Inc. 7839 University Avenue, #210 La Mesa, CA 91942 Copy to: Michael Lopez, President Tharsos, Inc. 7839 University Avenue, #210 La Mesa, CA 91942 CONFORMED C-CA-011317 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 23 of 24 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Tharsos, Inc. 7839 University Avenue, #210 La Mesa, CA 91942 By Printed Name Its CONTRACTOR's State License No. 980621 (Expiration Date — 1/31/2019) OCSD: Orange County Sanitation District By Gregory C. Sebourn, PLS Chair, Board of Directors By Kelly A. Lore Clerk of the Board By Marc Dubois Contracts, Purchasing and Materials Management Manager C-CA-011317 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 24 of 24 EXHIBIT A SCHEDULE OF PRICES C-EXA-080414 TABLE OF CONTENTS EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION............................................................................. 1 EXA-2 PROGRESS PAYMENTS ..................................................................................1 EXA-3 RETENTION AND ESCROW ACCOUNTS........................................................1 EXA-4 STOP PAYMENT NOTICE.................................................................................3 EXA-5 PAYMENT TO SUBCONTRACTORS................................................................3 EXA-6 PAYMENT OF TAXES .......................................................................................3 EXA-7 FINAL PAYMENT...............................................................................................4 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT ...5 ATTACHMENT 1 - CERTIFICATION FOR REQUEST FOR PAYMENT.........................7 ATTACHMENT 2 - SCHEDULE OF PRICES...................................................................8 C-EXA-080414 EXHIBIT SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement— Section 11 — "Contract Price and Method of Payment;" 2. General Conditions — "Payment— General"; 3. General Conditions—"Payment—Applications for Payment"; 4. General Conditions — "Payment— Mobilization Payment Requirements;" 5. General Conditions — "Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions — "Contract Price Adjustments and Payments"; 7. General Conditions— "Suspension of Payments"; 8. General Conditions — "OCSD's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions — "Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions— "Retained Funds; Substitution of Securities". In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. CONFORMED C-EXA-080414 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 1 of 8 B. Substitution of Securities: CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." Payment of Escrow Agent: In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20) Days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR's obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-080414 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 2 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) Days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) Days after CONTRACTOR's receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all Federal, State, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-080414 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 3 of 8 EXA-7 FINAL PAYMENT After Final Acceptance of the Work, as more particularly set forth in the General Conditions, "Final Acceptance and Final Completion", and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions — "Final Payment", a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including: a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled Claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every Claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD's review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR's application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) Days after receipt of recommended changes from OCSD, the CONTRACTOR will C-EXA-080414 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 4 of 8 make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) Days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims. 5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that: a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment; b. It has no reason to believe that any party has a valid Claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c. All warranties are in full force and effect, and; d. The releases and the warranties shall survive Final Payment. 6. If any Claims remain open, OCSD may make Final Payment subject to resolution of those Claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein. 7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138)within thirty (30) Days of receipt of Final Payment. EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: CONFORMED C-EXA-080414 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 5 of 8 1. The true and correct amount payable for the Work is different from that previously accepted; 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; 3. A previous payment or portion thereof for Work was improperly made. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. C-EXA-080414 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 6 of 8 ATTACHMENT 1 — CERTIFICATION FOR REQUEST FOR PAYMENT I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under Contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date CONFORMED C-EXA-080414 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 7 of 8 ATTACHMENT 2 —SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Tharsos, Inc.): BF-14 Schedule of Prices, Pages 1-2 C-EXA-080414 CONFORMED CONTRACT NO. J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 8 of 8 Bid Submitted By:b (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For unit prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work,whether they be more or less than those shown. Bidders compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OCSD via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary, provides that the total price for each item shall be based on the unit price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work, including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable sales taxes, Federal and/or State. and any other special taxes, patent rights or royalties shall be included in the prices quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL AMOUNT OF BID" LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Invitation for Bids. BF-14 SCHEDULE OF PRICES C-BF-021115 CONTRACT NO.J-126 P AND Q SAFETY IMPROVEMENTS PROGRAM Page 1 of 2 `Nang°f Flrml Btd SNbrrrrtted 0y ���aga p�icg X EO F PRICES v�Vt P jAcg SO PPpc°x� S20,0�� Vp't°1pt 1�n the\nstructAonsY' Mgas"{e 1 er to dote •a\s, SUm Re{ � n � $ g{D\,�EN►S l �gScnPt�O es {ab nd S�retY ��mP PgE {e a ment{Or asta9�n9 areGontrac< at�o nth e Tess pay ,. n, th woo i�\tea\PLO d lot mobs\n{ocrc�ance� Sum N° 1. 06WAI:u pment re4ev act�\<S m p°e°{ essarl{°�e6 fled it Vamp roc � and ds,and o<hr a\ump \net t sec WoTK sp ents,lot on {o equip r the cum Documents, materia\s,a W eXcePe contract Do a\\\ab°v' Contract nce%N% th 2 F UrmP�ton°{t\r con{orr'�`a W PRDI Bid Xtems m Price°{' (8 S a vumP `P�oVNj of gtD P \S of Io'f P �BF p2110 a t �,126 R�GRp,M coN�RPCVEMell P SPFE�\MPRO ?age2012 cH�pV�E OF PR\CES BF,14 5 OPERATIONS COMMITTEE Meeting Date To Bd.of Dir. 11/07/18 11/28/18 AGENDA REPORT Item Number Item Number 10 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: CONSOLIDATED DEMOLITION AND UTILITY IMPROVEMENTS AT PLANT NO. 2, PROJECT NO. P2-110 GENERAL MANAGER'S RECOMMENDATION Approve a contingency increase of $836,500 (5%) to the construction contract with Flatiron West, Inc. for Consolidated Demolition and Utility Improvements at Plant No. 2, Project No. P2-110, for a total contingency of $2,174,900 (13%). BACKGROUND The Orange County Sanitation District (Sanitation District) began operations at Plant No. 2 in the 1950s. Some of the original process structures and infrastructure still exist, although subsequent process upgrades have resulted in their abandonment. This project removes the abandoned structures and infrastructure to support planning and construction of new facilities. Demolition work under this project will include the removal of the following facilities: • Digesters A and B • Primary Clarifiers A, B, and C • Air Compressor Building • Emergency Power Building • Several other facilities and utilities that are abandoned or at the end of their useful lives. Several existing tunnels will be demolished or rehabilitated including new pipe supports, drainage improvements, structural repair, and lighting improvements. New support facilities include an oil dock and air compressor system that are being constructed to replace existing facilities at the end of their useful life and being demolished. The project area will also receive extensive grading, drainage, and paving improvements. A construction contract was awarded to Flatiron West, Inc. in January 2017 and construction is approximately 60 percent complete. This work is being performed at the plant's oldest facilities where documentation is limited or inaccurate, leading to many unknown construction conditions, including: • Unidentified utilities which required additional exploratory excavations and unanticipated utility relocations or protection. Page 1 of 3 • Concrete/slurry encasement around existing utilities that required additional demolition effort. • Previously-unidentified hazardous materials that required expensive special handling and disposal costs. • Unanticipated abandoned pipelines that required demolition. • Retrofit of an existing motor control center that was found to have insufficient space for relocated equipment. In addition, staff had identified in the Plant Air System Master Plan, Project No. SP-148 an urgent plant-wide need for a second air compressor identical to one already in the project. The P2-110 project had already included provisions for future installation of the second compressor, so the discretionary decision to authorize a change order of $227,763 so the second compressor could be added to the project was based on a determination that it was the most cost-effective and expeditious approach to provide the necessary plant air capacity. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Maintain a proactive asset management program PROBLEM Unforeseen conditions encountered during construction have resulted in higher than expected changes. With approximately 40 percent of the work remaining, additional construction contract contingency may be needed to address critical issues that arise. PROPOSED SOLUTION Approve a contingency increase of $836,500 (5%) to the construction contract for a total contingency of $2,174,900 (13%). The project budget is sufficient for this change and no additional funding is needed. TIMING CONCERNS The construction contingency increase will allow any required construction changes to be addressed without causing project delays. RAMIFICATIONS OF NOT TAKING ACTION Completion of the remaining work in a timely manner may not be possible if the construction contract contingency is insufficient to cover the costs for additional potential unknown conditions. Without the additional funds, construction activities would be hampered and project delays would be incurred. Page 2 of 3 PRIOR COMMITTEE/BOARD ACTIONS January 2017 - Awarded a Construction Contract to Flatiron West, Inc. for Consolidated Demolition and Utility Improvements at Plant No. 2, Project No. P2-110, for a total amount not to exceed $16,730,000, and approved a contingency of $1,338,400 (8%). ADDITIONAL INFORMATION N/A CEQA A Notice of Exemption for this project was filed and recorded with the County of Orange on April 30, 2014. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Budget FY2018-19 &2019-20, Section 8, Page 10) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency 01/25/2017 $16,730,000 $1,338,400 (8%) 11/28/2018 $836,500 (5%) $2,174,900 (13%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A VP:dm:gc Page 3 of 3 OPERATIONS COMMITTEE Meeting Date To Bd.of Dir. 11/07/18 11/28/18 AGENDA REPORT Item Number Item Number 11 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: TRUCK LOADING BAY ODOR CONTROL AT PLANT NO. 2, CONTRACT NO. P2-92A GENERAL MANAGER'S RECOMMENDATION Approve a contingency increase of$132,160 (4%) to the construction contract with Kiewit Infrastructure West Co. for Truck Loading Bay Odor Control at Plant No. 2, Contract No. P2-92A, for a total construction contingency of $462,560 (14%). BACKGROUND The purpose of this project is to replace dewatering facilities that have reached the end of their service life at Plant No. 2. A more efficient dewatering technology, centrifuges, will be utilized to reduce the amount of water in the biosolids hauled offsite to reduce biosolids management disposal costs. The biosolids produced by the centrifuges, however, will be more odorous than the current biosolids. Construction is currently 81% complete with testing and commissioning about to begin. These odor control facilities are needed when Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, introduces sludge, which is currently scheduled for March 2019. During the course of construction, two issues have arisen that have required more contingency than is normally required for a project of this type: • An unknown buried drain line was found directly under a support for a large diameter air duct 20 feet above grade. This required a more complex base support. • Modifications to address safety issues recently identified on other Orange County Sanitation District (Sanitation District) projects. These changes included additional grating to address trip hazards in a chemical containment area and eyewash stations for the foul air scrubbers. RELEVANT STANDARDS • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • Comply with CA Public Contract Code Section 20103.8, award construction contract to lowest responsive, responsible bidder Page 1 of 3 PROBLEM The existing Board-authorized contingency is sufficient for the changes identified to date. The remaining contingency, however, might not be sufficient to address unexpected and necessary changes that may arise as construction is completed and during commissioning and startup. PROPOSED SOLUTION Approve a contingency increase of $132,160 (4%) from $330,400 (10%) for a total construction contingency of $462,560 (14%). TIMING CONCERNS The Truck Loading Bay Odor Control facilities are needed upon startup of the dewatering centrifuges built under the Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92. If an issue arises that requires more contingency than has been authorized, work may need to stop until Board approval can be obtained, which could delay both construction contracts. RAMIFICATIONS OF NOT TAKING ACTION If additional contingency is needed, but not authorized, construction might need to be stopped, and the work delayed. The delay might also be grounds for extended overhead claims by the contractors on both construction contracts. PRIOR COMMITTEE/BOARD ACTIONS November 2016 Awarded a construction contract to Kiewit Infrastructure West Co. for Truck Loading Bay Odor Control at Plant No. 2, Contract No. P2-92A, for a total amount not to exceed $3,304,000, and approved a contingency of $330,400 (10%). ADDITIONAL INFORMATION N/A CEQA The Final Subsequent Environmental Impact Report for implementation of Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, was certified on March 23, 2013. A notice of determination was filed with the Orange County Clerk Recorder Office on March 28, 2013. This report included the Truck Loading Bay Odor Control. Page 2 of 3 FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Budget FY2016-17 &2017-18, Section 8, Page 53) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Continaencv 11/16/2016 $3,304,000 $330,400 (10%) 11/28/2018 $132,160 (4%) $462,560 (14%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A RB:dm:gc Page 3 of 3 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/07/1 8 i1/i�2s/ia AGENDA REPORT Item Number Item Number iz Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: AGREEMENT FOR THE PURCHASE OF LIQUID CATIONIC POLYMER CHEMICAL GENERAL MANAGER'S RECOMMENDATION A. Approve a Sole Source Chemical Supplier Agreement to SNF Polydyne, Inc., for the purchase of Liquid Cationic Polymer, for the period beginning February 1, 2019 through January 31, 2020 for a unit price of $2.782 per active pound delivered for Solution Polymer (WE-192) including freight plus applicable sales tax, and $2.552 per active pound delivered for Mannich Polymer (C-331) including freight plus applicable sales tax, and $2.947 per active pound delivered for Emulsion Polymer (WE-1328) including freight plus applicable sales tax, and $2.947 per active pound delivered for Emulsion Polymer (WE-1233; full liquid) including freight plus applicable sales tax, and $3.265 per active pound delivered for Emulsion Polymer (WE-1233; <40k lb.) including freight plus applicable sales tax, for total estimated annual amount of $608,000; B. Authorize General Manager to negotiate and subsequently approve new unit prices with an estimated additional amount of$2,302,000 with SNF Polydyne, Inc. for new cationic polymers that will be developed based on cationic polymer specifications for the new centrifuges for the period February 1, 2019 through January 31 , 2020, not to exceed amount estimated $2,910,000; and C. Approve an annual unit price contingency of 10% for item B. BACKGROUND The Orange County Sanitation District (Sanitation District) currently uses cationic polymers to dewater digested sludge in belt filter presses (BFP) and thicken waste activated sludge (WAS) in the dissolved air floatation thickener (DAFT). Also, cationic polymers will be used for centrifuges once CIP centrifuge projects (P1-101 and P2-92) go online. RELEVANT STANDARDS • Safe, beneficial reuse of Biosolids • Use all practical and effective means for resource recovery • Sustain 1, 5, 20-year planning horizons Page 1 of 3 PROBLEM Current cationic polymer with SNF Polydyne, Inc. contract will end on January 31, 2019 with zero renewals remaining. Since CIP centrifuge projects are still ongoing and not scheduled to go online until early/mid 2019 and into 2020, there is a schedule overlap on timing of a new contract based on an old process (BFP) as well as addressing the needs for the new process (centrifuges). Standard competitive bid process cannot be done without establishing the cationic polymer specification for centrifuges and this requires full scale cationic polymer testing. PROPOSED SOLUTION Procurement strategy going forward: A) Short Term: Create a Sole Source Chemical Agreement with SNF Polydyne, Inc. for a one-year term beginning February 1, 2019 — January 31, 2020. This Agreement will allow the Sanitation District to keep the same chemical manufacturer to assist with the transition to the new centrifuge system. B) Long Term: During the Sole Source Agreement term, standard competitive bid process will be developed with new Scope of Work based on polymer specifications for new centrifuges. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION Shortages in cationic polymers will result in both Plant No. 1 and Plant No. 2 being unable to ship biosolids offsite because BFP will not operate without cationic polymers. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Purchasing conducted a survey and contacted local comparable agencies that also use cationic polymer. However, none of the agencies are using the same cationic polymers that the Sanitation District is using. Therefore, the survey was inconclusive. CEQA N/A Page 2 of 3 FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in the FY18-19 and FY19-20 Division 830 and 840 operating budgets (Line item: Supplies, Section 6, Pages 84 & 88). Date of Approval Contract Amount Contingency 11/28/2018 $2,910,000 - 11/28/2018 Future Unit Price 10 % ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Chemical Agreement Page 3 of 3 CHEMICAL SUPPLIER AGREEMENT Purchase of Liquid Cationic Polymer Specification No. SSJ 2034 THIS AGREEMENT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and SNF Polydyne, Inc. with a principal place of business at 1 Chemical Plant Rd. Riceboro, GA 31323 (hereinafter referred to as "Supplier") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to temporarily engage Supplier to provide Liquid Cationic Polymer as described in Exhibit "A"; and WHEREAS, Supplier submitted its Proposal dated August 17, 2018; and WHEREAS, on November 28, 2018, the Board of Directors of OCSD, by minute order, authorized execution of this Agreement between OCSD and Supplier; and WHEREAS, OCSD has chosen Supplier to provide Liquid Cationic Polymer in accordance with Ordinance No. OCSD-52; and NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agreed as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and the Supplier. The terms and conditions herein exclusively govern the purchase of Liquid Cationic Polymer as described in Exhibit "A". 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein. Exhibit "A" Scope of Work, inclusive of Appendices Exhibit "B" Proposal dated August 17, 2018 Exhibit "C" Acknowledgement of Insurance Requirements Exhibit "D" OCSD Safety Standards Exhibit "E" Not Used Exhibit "F" Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 1.4 This Agreement may not be modified, changed, or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 1.5 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any section or provision hereof. Orange County Sanitation District 1 of 9 Specification No. SSJ 2034 100118 1.6 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise noted as workdays. 1.7 The term "workday". Workdays are defined as all days that are not Saturday, Sunday, or OCSD observed holidays. Meetings with OCSD staff shall be scheduled from Monday through Thursday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff who maintain plant operations 24 hours per day 7 days per week and work a rotated 12- hour shift) and shall conform to OCSD work schedules. 1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Work Hours: The work required under this Agreement may include normal business hours, evenings, and weekends. 1.10 Supplier shall provide OCSD with all required premiums and/or overtime work at no charge beyond the total amount of the Agreement. 1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Supplier as a result of work performed in anticipation of purchases of said services by OCSD. 2. Delivery 2.1 LOCATIONS: Deliveries shall be made in accordance with the Scope of Work, Exhibit "A". 2.2 OCSD will pay only for the actual quantity of Liquid Cationic Polymer delivered, based upon certified tare weight and net weight.The quantity invoiced by Supplier and payable by OCSD will be for the total net weight of Liquid Cationic Polymer delivered (loaded gross weight minus the tare weight). Tare weight shall be determined immediately after each delivery and prior to cleaning, emptying, or clearing the delivery tank. 2.3 A bill of lading shall accompany all shipments in accordance with Exhibit "A". 3. Possession Ownership and control of all Liquid Cationic Polymer delivered pursuant to this Agreement shall remain solely and exclusively with Supplier, until complete transfer of possession by delivery to OCSD at the designated locations is made by Supplier. 4. Quantit 4.1 OCSD makes no guarantee to actual use or quantity of Liquid Cationic Polymer purchased. Use may be sporadic based on the wastewater treatment requirements unique to each treatment plant. 4.2 OCSD will, through the term of this Agreement, purchase Liquid Cationic Polymer from Supplier exclusively, except when OCSD determines Supplier cannot make delivery within the time specified, with the quality and quantity specified, at the Agreement price, the level of Service is inadequate, OCSD unapproved increase in active liquid pound rate or for any other default or breach of this Agreement. In such event, OCSD may purchase Liquid Cationic Polymer elsewhere and charge Supplier any difference in the delivered price to OCSD from that provided in this Agreement, or alternatively, OCSD may terminate the Agreement based on said breach or failure to deliver the specified product. Quality control Orange County Sanitation District 2 of 9 Specification No. SSJ 2034 100118 tests will be performed by OCSD on the delivered Liquid Cationic Polymer to ensure it is consistent with the requirements specified in Exhibit "A". 5. Pricing and Invoicing 5.1 Supplier will invoice for Liquid Cationic Polymer delivered in accordance with Exhibit "A", and in accordance with the unit price(s) listed in Exhibit "B". Prices shall include all cartage and taxes except California State Sales Tax. The sales tax will be paid by OCSD. 5.2 OCSD shall pay, net thirty (30) days, upon receipt and approval by OCSD of itemized invoices, submitted in a form acceptable to OCSD to enable audit of the charges thereon. Supplier shall email invoices to OCSD Accounts Payable at APStaff OCSD.com and "INVOICE" with the Purchase Order Number and Liquid Cationic Polymer shall be referenced in the subject line. All invoices shall include a description of the delivery location, the delivery date and the unit price(s). 6. Modifications 6.1 This Agreement may be modified or changed only by written instrument in the form of an amendment to this Agreement signed by both Parties. 6.2 Pricing modifications: The prices established in this Agreement shall remain firm for the one- year Agreement term. Quarterly pricing will not be accepted. Any adjustments made will allow for increases or decreases in the manufactured cost of the Liquid Cationic Polymer and will be based upon OCSD validated information furnished by Supplier and OCSD sources. Adjustments will only be reviewed on an annual basis. OCSD reserves the right to agree with or reject the proposed unit price increase or decrease. 6.3 Price changes may be made through the OCSD Purchase Order Process. 7. Agreement Term The Services provided under this Agreement shall be for the period of one (1) year commencing on February 1, 2019 and continuing through January 31, 2020. 8. Renewals OCSD may exercise the option to renew this Contract, however shall make no obligation to renew nor give reason if it elects not to renew. 9. Termination 9.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD. Upon receipt of a termination notice, Supplier shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Supplier for work performed (cost and fee) to the date of termination. Supplier expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Supplier other than for work performed to the date of termination. 9.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD's determination that Supplier is not meeting specification requirements for delivery of quantities needed, the level of service is inadequate, for poor quality of product, for OCSD unapproved increase in unit price(s), or any other default or breach of this Agreement. 9.3 OCSD may also immediately terminate for default of this Agreement in whole or in part by written notice to Supplier: Orange County Sanitation District 3 of 9 Specification No. SSJ 2034 100118 • if Supplier becomes insolvent or files a petition under the Bankruptcy Act; or • if Supplier sells its business; or • if Supplier breaches any of the terms of this Agreement; or • if total amount of compensation exceeds the amount authorized under this Agreement. 9.4 All OCSD property in the possession or control of Supplier shall be returned by Supplier to OCSD upon demand, or at the termination of this Agreement, whichever occurs first. 10. Indemnification and Hold Harmless Supplier shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Supplier's services under this Agreement, or by its subcontractor or by anyone directly or indirectly employed by Supplier, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Supplier shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Supplier's performance under this Agreement, and/or (b) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Supplier of or anyone employed by or working under Supplier. To the maximum extent permitted by law, Supplier's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Supplier agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. This section shall survive the expiration or early termination of the Agreement. 11. Insurance Supplier shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements, Exhibit"C". Supplier shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall Supplier 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 Agreement. 12. Equipment Loss OCSD will be responsible for any loss or damage to Supplier-owned equipment, when OCSD determines OCSD is at fault, only to the extent of OCSD's fault, and will reimburse Supplier for such loss or damage upon receipt of invoices, minus a deduction for any amount determined to be the fault of Supplier or its subcontractor or a third party. 13. Conflict of Interest and Reporting Supplier shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. Orange County Sanitation District 4 of 9 Specification No. SSJ 2034 100118 14. Supplier's Relationship to OCSD Supplier's relationship to OCSD in the performance of this Agreement is that of an independent contractor. The personnel performing Services under this Agreement shall, at all times, be under Supplier's exclusive direction and control, and shall be employees of Supplier and not employees of OCSD. Supplier shall pay all wages, salaries and other amounts due its employees in connection with this Agreement, and shall be responsible for all legal reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker's compensation and similar matters. 15. OCSD Safety Standards 15.1 In addition to the requirements set forth in Exhibit "A", Supplier shall meet with personnel from OCSD'S Risk Management Division prior to providing Services to OCSD to review safety and accident prevention policies and procedures. All subcontractors should be present at this meeting. Supplier is responsible to inform all subcontractors of the items discussed at this meeting. Supplier shall not be permitted to provide Services to OCSD prior to this meeting. 15.2 OCSD requires Supplier and its subcontractor(s)to follow and ensure their employees follow all Federal, State, and local regulations as well as OCSD Safety Standards while working at OCSD locations. If during the course of the Agreement it is discovered that OCSD Safety Standards do not comply with Federal, State, or local regulations, then the Supplier is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Supplier and all of its employees and subcontractors, shall adhere to all applicable OCSD Safety Standards attached hereto in Exhibit "D". 16. Drug-Free Workplace All employees of Supplier who will perform work under this Agreement must adhere to the California Drug-Free Workplace Act, Government Code Sections 8350 through 8357. 17. Assignments Neither this Agreement nor any interest herein or any claim hereunder may be assigned by Supplier either voluntarily or by operation of law, nor may all or substantially all of this Agreement be further subcontracted by Supplier without the prior written consent of OCSD. 18. Attorney's Fees If any action at law or in equity 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. 19. Permits, Ordinances and Regulations Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement shall be paid by Supplier. Fees demanded for obtaining certificates, including associated inspection fees and expenses of regulatory inspectors shall be paid by Supplier. 20. Trainin_g Certification When required by regulation, certificates of training shall be maintained on-site for the duration of the activity that requires an employee of Supplier to be certified. Certificates shall be current. Lack of certificates when required will be cause for removal of offending personnel from the site, termination of the Agreement, or both. Orange County Sanitation District 5 of 9 Specification No. SSJ 2034 100118 21. Compliance with Law Supplier warrants that under the performance of this Agreement, it shall comply with all applicable Federal, State and local laws, and all lawful orders rules and regulations thereunder. In connection with the execution of this Agreement, Supplier shall not discriminate against employees or an applicant for employment because of race, religion, color, sex or national origin. Supplier shall take affirmative action to ensure that applicants are employed and employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-off or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship. 22. Disputes 22.1 This Agreement 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 Agreement or the performance thereof. Pending final resolution of a dispute hereunder, Supplier shall proceed diligently with the performance of this Agreement and in accordance with OCSD'S decision. 22.2 In the event of a dispute as to the construction or interpretation of this Agreement, 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. 22.3 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 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The 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. 23. Ripht to Review Services, Facilities, and Records 23.1 OCSD reserves the right to review any portion of the Services performed by Supplier under this Agreement, and Supplier agrees to cooperate to the fullest extent possible. Supplier shall furnish to OCSD such reports, statistical data, and other information pertaining to Supplier's Services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bond and other obligations. Orange County Sanitation District 6 of 9 Specification No. SSJ 2034 100118 23.2 The right of OCSD to review or approve specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Supplier shall not relieve Supplier of any obligation set forth herein. 24. Incorporated Documents 24.1 The Scope of Work, including all Appendices, Proposal, Acknowledgement of Insurance Requirements, and OCSD Safety Standards are hereby incorporated into and made a part of this Agreement, and unless modified or changed hereinabove, are controlling for all matters pertaining to the supply of Liquid Cationic Polymer and the manner of performance thereof. 24.2 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the other incorporated documents, the provisions of this Agreement shall in all respects govern and control. 25. Severability Any provision of this Agreement which is found to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions hereof. 26. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. 27. Breach Any breach by Supplier to which OCSD does not object shall not operate as a waiver of OCSD to seek remedies available to it for any subsequent breach. 28. Public Contracts Law OCSD is subject to the provisions listed in the prevailing wage determination made by the Director of the Department of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of law applicable to public contracts are part of this Agreement to the same extent as though set forth herein and will be complied with by Supplier. Supplier shall not pay less than the prevailing wage. 29. South Coast Air Quality Management District's (SCAQMD) Requirements It is Supplier'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 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. 30. Performance Time is of the essence in the performance of the provisions hereof. 31. Familiarity with Work By executing this Agreement, Supplier 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 Agreement. Should Supplier 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 Supplier's risk, until written instructions are received from OCSD. Orange County Sanitation District 7 of 9 Specification No. SSJ 2034 100118 32. Dama_ge to OCSD'S Property Any OCSD property damaged by Supplier, its subcontractor(s), or by the personnel of either will be subject to repair or replacement by Supplier at no cost to OCSD. 33. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OCSD and Supplier. 34. Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound. 35. Read and Understood By signing this Agreement, Supplier represents that it has read and understood the terms and conditions of the Agreement. 36. Entire Agreement This Agreement 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. 37. Notices All notices under this Agreement 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. Any facsimile notice must be followed within three (3) days by written notice. All notices shall be effective when first received at the following addresses: OCSD: Jennifer Martin Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Supplier: Orange County Sanitation District 8 of 9 Specification No. SSJ 2034 100118 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Gregory C. Sebourn, PLS Chair, Board of Directors Dated: By: Clerk of the Board Dated: By: Contracts, Purchasing and Materials Management Manager SNF POLYDYNE, INC. Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 9 of 9 Specification No. SSJ 2034 100118 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 11/oils -- AGENDA REPORT Item Number Item Number 13 -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: ORANGE COUNTY SANITATION DISTRICT RESEARCH PROGRAM GENERAL MANAGER'S RECOMMENDATION Information Only. BACKGROUND Each month, staff provides an information presentation on topics of interest to the Board of Directors. This month's topic: Orange County Sanitation District Research Program. RELEVANT STANDARDS • Maintain a culture of improving efficiency ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A JB:sa:gc Page 1 of 1 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS Association of California Local Agency Formation Regional Water Quality ACWA Water Agencies LAFCO Commission RWQCB Control Board APWA American Public Works LOS Level Of Service SARFPA Santa Ana River Flood Association Protection Agency AQMD Air Quality Management MGD Million Gallons Per Day SARI Santa Ana River District Interceptor ASCE American Society of Civil MOU Memorandum of SARWQCB Santa Ana Regional Water Engineers Understanding Quality Control Board BOD Biochemical Oxygen Demand NACWA National Association of Clean SAWPA Santa Ana Watershed Water Agencies Project Authority CARB California Air Resources NEPA National Environmental SCADA Supervisory Control And Board Policy Act Data Acquisition California Association of Non-Governmental Southern California CASA Sanitation Agencies NGOs Organizations SCAP Alliance of Publicly Owned Treatment Works CCTV Closed Circuit Television NPDES National Pollutant Discharge SCAQMD South Coast Air Quality Elimination System Management District CEQA California Environmental NWRI National Water Research SOCWA South Orange County Quality Act Institute Wastewater Authority CIP Capital Improvement O& M Operations&Maintenance SRF Clean Water State Program Revolving Fund CRWQCB California Regional Water OCCOG Orange County Council of SSMP Sewer System Quality Control Board Governments Management Plan CWA Clean Water Act OCHCA Orange County Health Care SSO Sanitary Sewer Overflow Agency CWEA California Water Environment OCSD Orange County Sanitation SWRCB State Water Resources Association District Control Board EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load EPA US Environmental Protection OSHA Occupational Safety and TSS Total Suspended Solids Agency Health Administration Professional Waste Discharge FOG Fats, Oils, and Grease PCSA Consultant/Construction WDR Requirements Services Agreement gpd gallons per day PDSA Professional Design Services WEF Water Environment Agreement Federation GWRS Groundwater Replenishment POTW Publicly Owned Treatment WERF Water Environment& System Works Reuse Foundation ICS Incident Command System ppm parts per million WIFIA Water Infrastructure Finance and Innovation Act Integrated Emergency Professional Services Water Infrastructure IERP Response Plan PSA Agreement WIIN Improvements for the Nation Act JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS—A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS —The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) — The amount of oxygen used when organic matter undergoes decomposition by microorganisms.Testing for BOD is done to assess the amount of organic matter in water. BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS—Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland 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 (D/T) —The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) — 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 SYSTEM(GWRS)—Ajoint 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 per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS)—Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine 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 and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation 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)—A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE—A regional brine line designed to convey 30 million gallons per day of non- reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. SANITARY SEWER — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban runoff. 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. The Orange County Sanitation District's service area is in the Santa Ana River Watershed.