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HomeMy WebLinkAbout12-03-2014 Operations Committee Agenda Packet Orange County Sanitation District s.w D�GkiTATIoa D19RICT Wednesday, December 3, 2014 Regular Meeting of the 5:00 P.M. Operations Committee Administration Building Board Room 10844 Ellis Avenue J Fountain Valley, CA 92708 (714) 593-7130 1954-2a14 AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. CONSENT CALENDAR: 1. Approve Minutes of November 5, 2014, Operations Committee meeting. 2. A. Award a contract to Tropical Plaza Nursery Inc., for Landscape services, Specification No. S-2014-623BD, for the period January 1, 2015 through December 31, 2015, for a total annual amount not to exceed $148,986 with four one-year renewal options; and B. Approve a contingency of$14,898 (10%). 3. A. Receive and file bid tabulation and recommendation; B. Award a construction contract to Jamison Engineering Contractors, Inc., Project No. FE12-05, for a total amount not to exceed $164,253; and C. Approve a contingency of$16,425 (10%). 12/03/14 Operations Committee Agenda Page 1 of 4 4. A. Award a service contract to Hoffman Southwest Corp. dba Professional Pipe Services for Industrial Cleaning Services, Specification No. S-2014- 621 BD, for a total amount not to exceed $120,000 for the period January 1, 2015 through December 31, 2015, with four one-year renewal options; and B. Approve a contingency of$12,000 (10%). 5. Recommend to the Board of Directors to: A. Approve the Service Contract with Evoqua Water Technologies LLC, for Plant No. 2 Trickling Filters Carbon Change-Out [replacement] per Specification No. S-2014-627BD for the purchase of up to six (6) carbon media replacements (including carbon media, disposal, and installation), for a total amount not to exceed $450,474 for the period March 1, 2015 through February 29, 2016, with four(4) one-year renewal options; and B. Approve a contingency of$45,047 (10%). 6. Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement with Atkins North America, Inc. for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, for an amount not to exceed $611,307; and B. Approve a contingency of$61,131 (10%). 7. Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement with Brown and Caldwell to provide construction support services for Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, for an amount not to exceed $4,798,328; and B. Approve a contingency of$479,833 (10%). 8. Recommend to the Board of Directors to: Approve Settlement Agreement with South Coast Air Quality Management District for Supplemental Environmental Project or, in the alternative, a stipulated penalty of$240,000. 12/03/14 Operations Committee Agenda Page 2 of 4 NON-CONSENT: 9. Recommend to the Board of Directors to: A. Approve a budget increase of $4,355,000 for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100, for a total budget amount of$62,892,000; and B. Approve a contingency increase of $4,355,000 (13%) to the construction contract with JR Filanc Construction Company for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100, for a total contingency of $8,375,000 (25%). INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Operations Committee meeting is scheduled for Wednesday, February 4, 2015, at 5:00 p.m. 12/03/14 Operations Committee Agenda Page 3 of 4 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Maria E.Ayala Clerk of the Board (714)593-7130 mavala(a)ocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbera((Docsd.cem Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli(dimsd.com Director of Engineering Rob Thompson (714)593-7310 rthomoson(clocsd.ccm Director of Facility Support Services Nick Aromas (714)593-7210 narhontes(docsd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 12/03/14 Operations Committee Agenda Page 4 of 4 ITEM NO. 1 MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Facilities Support Services Orange County Sanitation District A regular meeting of the Operations Committee of the Orange County Sanitation District was held on November 5, 2014, at 5:00 p.m. at the District's Administrative Office. Chair Beamish called the meeting to order and led the Flag Salute. A quorum was declared present, as follows: Operations Directors Present: Staff Present: Keith Curry Jim Herberg, General Manager Steve Jones Rob Thompson, Director of Engineering Lucille Kring Ed Torres, Director of Operations & Maintenance Michael Levitt Nick Arhontes, Director of Facilities Support Richard Murphy Services Steve Nagel Lorenzo Tyner, Director of Finance & Greg Sebourn Administrative Services David Shawver Kelly Lore, Administrative Assistant Fred Smith Jennifer Cabral Tom Beamish, Chair Jim Colston John Nielsen, Board Vice-Chair Mark Esquer Norbert Gaia Operations Directors Absent: Al Garcia Brett Murdock, Chair Kathy Millea Scott Nelson, Vice-Chair Mike Puccio Tony Segura Rich Spencer Eros Yong Others Present: Brad Hogin, General Counsel Bob Ooten, Alternate Board Member Heather Stratman, Townsend and Associates PUBLIC COMMENTS: No public comments. Director Fred Smith thanked Chair Beamish, and commended General Manager Herberg and staff for a marvelous job in the event preparation for Governor Brown's visit. 11/05/2014 Operations Committee Minutes Page 1 d4 REPORT OF COMMITTEE CHAIR: Chair Beamish also stated that the event for the Governor's visit went very well. REPORT OF GENERAL MANAGER General Manager, Jim Herberg did not provide a report. CONSENT CALENDAR: 1. MOVED, SECONDED, and DULY CARRIED TO: Approve Minutes of October 1, 2014, Operations Committee meeting. AYES: Beamish; Curry; Jones; Kring; Levitt; R. Murphy; Nagel; Nielsen; Shawver and F. Smith NOES: None ABSTENTIONS: None ABSENT: Murdock; Nelson and Sebourn 2. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: Approve a Sole Source Purchase Order to ALFA LAVAL/ASHBROOK for one set of Belt Filter Press Rollers, to replace a set that has failed on an existing Belt Filter Press, located at Plant No 2, for a total amount not to exceed $142,619. AYES: Beamish; Curry; Jones; Kring; Levitt; R. Murphy; Nagel; Nielsen; Shawver and F. Smith NOES: None ABSTENTIONS: None ABSENT: Murdock; Nelson and Sebourn 3. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of Directors to: Approve a Sole Source Purchase Order to CS-AMSCO, for the purchase of 28 valves for Digester C & Q, located at Plant No. 2 for a total amount not to exceed $122,681. 11/03/2014 Operations Committee Minutes Page 2 of 4 AYES: Beamish; Curry; Jones; Kring; Levitt; R. Murphy; Nagel; Nielsen; Shawver and F. Smith NOES: None ABSTENTIONS: None ABSENT: Murdock; Nelson and Sebourn Director Sebourn arrived at 5:04 p.m. INFORMATION ITEMS: 4. Annual Strategic Plan Update and General Managers Work Plan Overview General Manager Jim Herberg, provided an informative PowerPoint presentation regarding the Five-year Strategic Plan update and an overview of the FY 2014/15 General Manager Work Plan including the history of the strategic plan; mission and vision statements; main goals; processes of planning the strategic plan; strategic goals for FY 2014-19 including: Legislative Advocacy and Public outreach; future biosolids management options; odor control; energy efficiency; future water recycling options; cessation of disinfection ocean discharge; and local sewer transfers. The workforce planning and development was provided with the 2013-14 levels of service results and performance strategies for the future. Mr. Herberg reviewed the 15 items within his General Manager work plan and answered questions from the Committee. 5. Legislative Affairs Program Assistant General Manager Bob Ghirelli provided a PowerPoint presentation regarding OCSD's Legislative Affairs Program stating that the Public Affairs staff who work on the legislative activities are supported by lobbyists from the firms of Townsend Public Affairs in Sacramento and ENS Resources in Washington D.C. Mr. Ghirelli then discussed the three key elements for OCSD's Legislative Advocacy program; the Legislative platform that is approved annually by the Board of Directors; and the future activities of legislative affairs. Heather Stratman, Townsend Public Affairs provided highlights of the recent successes and achievements of senate and assembly bills pertaining to the District: SB 946 (Huff) Community Facilities; SB 1390 (Correa) Santa Ana River Conservancy Program; AB 1471 (Rendon) Water Bond and the failure of AB 371 (Sales) Sewage Sludge Kern County. She further discussed proactive advocacy efforts; regulatory efforts; and property tax revenues. 6. Quarterly Odor Complaint Report Ed Torres, provided a brief summary of the odor complaints received during the first quarter of FY 2014/15. 11/03/2014 Operations committee Minutes Page 3 of 4 DEPARTMENT HEAD REPORT: Director of Facilities Support Services, Nick Arhontes and Director of Engineering Rob Thompson, provided an update on a sewer spill that occurred in Newport Beach over the weekend, and explained the investigation and the ongoing efforts. Director Curry thanked staff for the prompt notification and response. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT At 5:50 p.m., Chair Beamish declared the meeting adjourned to the next scheduled meeting of Wednesday, December 3, 2014 at 5:00 p.m. Submitted by, Kelly A. Lore Secretary Pro Tem 11/03/2014 Oireralions Oommiltee Minutes Page 4 of 4 OPERATIONS COMMITTEE Meeting12/03/14 Date TO Bd.of Dir. -- AGENDA REPORT Iem Number Exam Number z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: ANNUAL LANDSCAPE MAINTENANCE GENERAL MANAGER'S RECOMMENDATION A. Award a contract to Tropical Plaza Nursery Inc., for Landscape services, Specification No. S-2014-62313D, for the period January 1, 2015 through December 31, 2015, for a total annual amount not to exceed $148,986 with four one-year renewal options; and B. Approve a contingency of$14,898 (10%). SUMMARY The District has a regular need for landscape maintenance services at our two treatment plants and miscellaneous offsite facilities. These types of services include all facets of grounds keeping and landscape maintenance. OCSD's current landscape contract with Tropical Plaza Nursery Inc. is set to expire on December 31, 2014. In order to rebid this service, staff developed a scope of work and competitively bid the annual landscape services. Thirty-six vendors were notified and four competitive bids were received. (See table 1 below). OCSD Staff recommends that the contract be awarded to the second low bidder, Tropical Plaza Nursery Inc. During the reference check for the apparent low bidder Landscape West Management Services Inc.(Landscape West), OCSD received (3) three unfavorable reference checks out of (5) five from Landscape West's submitted reference list. Based on the fact that the majority of Landscape West's own references reported performance issues and to protect OCSD from similar contract compliance difficulties, OCSD staff notified all bidders that the award recommendation was to reject the low bid as non-responsible and award the contract to the second low bidder. Although this contract is not a public work and therefore not subject to various Public Contract Code bidding and contract award limitation, OCSD's Notice Inviting Bids (NIB) for the contract did provide the bidders procedures for the filing of protests challenging the award of the contract. Pursuant to those procedures, Landscape West notified OCSD of its protest to OCSD's intent to award the contract to the second low bidder and submitted in writing the basis for its protest. Also, pursuant to the protest procedures in Page 1 of 3 1049390.1 the NIB, Landscape West requested and was provided an informal hearing presided over by OCSD's Purchasing Manager wherein Landscape West was given an opportunity to rebut the evidence of non-responsibility and to present evidence of its qualifications. After listening to the arguments presented at the informal hearing and reviewing the evidence, the Purchasing Manager upheld OCSD Staffs finding of non- responsibility and denied Landscape West's protest. In his Notice of Determination sent to Landscape West, the Purchasing Manager notified Landscape West it could file a written appeal of his determination to OCSD's Director of Administrative Services within seven days of the date of the determination letter. Landscape West did not file such an appeal. Therefore, and based on the finding that Landscape West is non-responsible, OCSD Staff proceeded with the intent to award to Tropical Plaza Nursery Inc., the next lowest responsive and responsible bidder. The reference checks for Tropical Plaza Nursery Inc., all provided positive feedback. Therefore, staff is recommending awarding Tropical Plaza Nursery Inc., this contract. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Table 1. Company Bid Amount Landscape West Management Services, Inc. $139,900.20 (non-Responsible) Tropical Plaza Nursery Inc. $148,986.00 GreenTech Landscape Inc. $176,260.00 Midori Landscape Inc. $200,272.50 BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with the authority levels of the OCSD's Purchasing Ordinance. This item has been budgeted in the Joint Operating budget. Date of ADuroval Contract Amount Contingency 12/03/14 $148,986.00 $14,898 ADDITIONAL INFORMATION Purchasing manager has determined that this contractor was non-responsible. Page 2 of 3 1049390.1 ATTACHMENT The following attachment(s)maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the complete agenda package and attachments: • Service Agreement Page 3 of 3 1049390.1 Return to Mende Report SERVICE CONTRACT Landscape Maintenance Services S-2014-623BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Tropical Plaza Nursery, Inc. with a principal business at 9642 Santiago Blvd., Villa Park, CA 92861-2521 (hereinafter referred to as "Service Provider") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Service Provider for landscape maintenance services ("Services"); and WHEREAS, OCSD has chosen Service Provider to conduct Services in accordance with Ordinance No. OCSD-44; and WHEREAS, on December 3, 2014 the Operations Committee of the OCSD Board of Directors authorized execution of this Contract between OCSD and Service Provider; and WHEREAS, Service Provider is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Service Provider. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached hereto as Exhibit"A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Scope of Work as Modified by Addendum No.2 of the Notice Inviting Bids Exhibit"B" Bid Submitted by Service Provider Exhibit"C" Acknowledgement of Insurance Requirements 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. 1.6 The term "hours", when used in this Contract, shall be as defined in Exhibit"A". 1.7 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. Orange County Sanitation District 1 of 8 Specification No. S-2014-6238D Return to Aaende Report 1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Service Provider shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Service Provider as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation for this project shall not exceed the total amount of One Hundred Forty-eight Thousand Nine Hundred Eighty-six and 00/00 Dollars ($148,986.00). 3. Payments Payments shall be made monthly upon approval by OCSD Project Manager, Dave Usher or his designee, of invoices submitted for Services completed as described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 4. Invoices 4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. 4.2 Invoices shall be emailed by Service Provider to OCSD Accounts Payable at APStaff(a20CSD.com and reference the following in the subject line: "INVOICE", the Purchase Order number, the Project Manager, Dave Usher, and S-2014-62313D. 5. Audit Rights Service Provider agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Service Provider relating to the invoices submitted by Service Provider pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Service Provider shall perform the Services identified in Exhibit "A". Service Provider shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 6. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 9. Contract Term The Services provided under this Contract shall commence on January 1, 2015 and continue through December 31, 2015. 10. Renewals 10.1 OCSD may exercise the option to renew the Agreement for up to four (4) one-year periods based upon the criteria set forth in the specifications, Exhibit "A", if mutually acceptable contract terms can be negotiated. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 10.2 Renewals may be made through the OCSD Purchase Order Process. Orange County Sanitation District 2 of 8 Specification No. S-2014-6238D Return to Aaenda Report 11. Termination 11.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Service Provider shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Service Provider for work performed (cost and fee)to the date of temtination. Service Provider expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Service Provider other than for work performed to the date of termination. 11.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Service Provider is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 11.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Service Provider: • if Service Provider becomes insolvent or files a petition under the Bankruptcy Act; or • if Service Provider sells its business; or • if Service Provider breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 11.4 All OCSD property in the possession or control of Service Provider shall be returned by Service Provider upon demand, or at the termination of this Contract, whichever occurs first. 12. Insurance Service Provider and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Service Provider shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Service Provider allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 13. Indemnification and Hold Harmless Provision Service Provider 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 Service Provider's services under this Contract, or by its subcontractor or by anyone directly or indirectly employed by Service Provider, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Service Provider shall indemnity, 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 Service Provider's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Service Provider of or anyone employed by or working under Service Provider. To the maximum extent permitted by law, Service Provider'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 Orange County Sanitation District 3 of 8 Specification No. S-2014-6238D Return to Mende Report 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. Service Provider agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 14. Safety Standards and Human Resources(HR)Policies 14.1 OCSD requires all contractors and service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Service Provider is required to follow the most stringent regulatory requirement at no cost to OCSD. Service Provider and all their employees and subcontractors, shall adhere to all applicable OCSD Safety Standards and Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under"Safety'. 14.2 In addition to the requirements stated in 13.1 above, Service Provider shall adhere to the following OCSD Safety requirements: Safety Standards 3)a) Air Testing Equipment, SOP-102 PPE, SOP-106 Hearing Conservation Program, SOP-107 Hazard Communication, SOP-206 Fall Protection, SOP-304 Mobile Equipment, and Traffic Control. 15. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 16. Freight (F.O.B. Destination) Service Provider assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 17. Familiarity with Work By executing this Contract, Service Provider warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Service Provider 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 Service Provider's risk, until written instructions are received from OCSD. 18. Regulatory Requirements Service Provider shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 19. Licenses, Permits. Ordinances and Regulations Service Provider represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Service Provider. 20. Applicable Laws and Regulations Service Provider shall comply with all applicable federal, state, and local laws, rules, and regulations. Service Provider also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Service Provider's noncompliance therewith. Any permission required by law to be included Orange County Sanitation District 4 of 8 Specification No. S-2014-6238D Return b Aaenda Report herein shall be deemed included as a part of this Contract whether or not specifically referenced. 21. Service Provider's Employees Compensation 21.1 Davis-Bacon Act - Service Provider 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. 21.2 General Prevailing Rate— OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract, and copies of the same are on file in the office of the engineer of OCSD. The Service Provider agrees that not less than said prevailing rates shall be paid to workers employed on this contract as required by Labor Code Section 1774 of the Stale 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. 21.3 Forfeiture For Violation - Service Provider shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Service Provider 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. 21.4 Apprentices — Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this contract and the Service Provider shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Service Provider are two thousand dollars ($2,000.00) or more or five (5)working days or more. 21.5 Workday — In the performance of this contract, not more than eight (8) hours shall constitute a day's work, and the Service Provider shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph 19.2 above. Service Provider shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty five dollars ($25.00)for each worker employed in the execution of this contract by Service Provider 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 calendar day and forty (40) hours in any one week in violation of said Article. Service Provider shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Service Provider in connection with the project. 21.6 Record of Wages; Inspection - Service Provider agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be Orange County Sanitation District 5 of 8 Specification No. 5-2014-6238D Return b Agenda Report certified as accurate by the applicable Service Provider or subcontractor or its agent having authority over such matters. Service Provider further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. 22. South Coast Air Quality Management District's (SCAQMD) Requirements It is Service Provider's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 23. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 24. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Service Provider to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 25. Remedies In addition to other remedies available in law or equity, if the Service Provider fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1)cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Service Provider. In the event OCSD elects to "cover" as described in (3), OCSD shall be entitled to recover from Service Provider as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 26. Dispute Resolution 26.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 26.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The Orange County Sanitation District 6 of 8 Specification No. S-2014-6238D Return b Agenda Report arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 27. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 26. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 29. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 30. Damage to OCSD's Property Any of OCSD's property damaged by Service Provider, any subcontractors or by the personnel of either will be subject to repair or replacement by Service Provider at no cost to OCSD. 31. Disclosure Service Provider agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 32. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Service Provider an OCSD employee. During the performance of this Agreement, Service Provider and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Service Provider and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 33. Limitations upon Subcontracting and Assignment Service Provider shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 34. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Service Provider. 35. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Service Provider, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Service Provider or to its successor, or for breach of any obligation for the terms of this Agreement. 36. Read and Understood By signing this Contract, Service Provider represents that he has read and understood the terms and conditions of the Contract. 37. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 86. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 7 of 8 Specification No. 5-2014-6238D Return to Mende Rom 39. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Service Provider: Tropical Plaza Nursery, Inc. Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair Operations Committee Dated: By: Clerk of the Board Dated: By: Contracts/Purchasing Manager TROPICAL PLAZA NURSERY, INC. Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 8 of 8 Specification No. S-2014-6238D OPERATIONS COMMITTEE NeetingDate TO ad.of Di,. t2ros/t4 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: 15tb ST, RPPS AND BPPS FALL PROTECTION IMPROVEMENTS, PROJECT NO. FE12-05 GENERAL MANAGER'S RECOMMENDATION A. Receive and file bid tabulation and recommendation; B. Award a construction contract to Jamison Engineering Contractors, Inc., Project No. FE12-05, for a total amount not to exceed $164,253; and C. Approve a contingency of$16,425 (10%). SUMMARY This project will install fall protection systems and/or safety systems at 15" Street, Rocky Point and Bitter Point Pump Stations (RPPS and BPPS, respectively). Primary work elements include the installation of handrails, fixed point anchors, grating, gates, ladder, platform/landing, and other improvements as needed to improve the fall protection systems. The Orange County Sanitation District (Sanitation District) advertised for bids on September 9, 2014. Five sealed bids were received on October 21, 2014. The bids were evaluated in accordance with the Sanitation District's policies and procedures. Staff recommends awarding a construction contract to the lowest responsive bidder, Jamison Engineering Contractors, Inc., for 15In St, RPPS and BPPS Fall Protection Improvements, Project No. FE12-05. Summary information on the bid opening for 151h St, RPPS and BPPS Fall Protection Improvements, Project No. FE12-05, is as follows: Project Budget $591,940 Construction Contract Budget $210,261 Engineer's Estimate $180,000 Page 1 of 2 Bidder Amount of Bid Jamison Engineering $164,253 O'Connell Engineering $167,600 Cora Constructors, Inc. $187,187 Robert D. Gosney Construction $208,600 SCW Contracting Corporation $310,512 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA A Notice of Exemption was filed and recorded with the County of Orange on February 19, 2014. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Line item: FY2014-15 Section 8, Page 119). Project contingency funds will not be used for this construction contract. ATTACHMENT The following attachment(a) maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the complete agenda package: • Construction Contract CD:SP:dm:gc Page 2 of 2 Return to Aaenda Report PART A CONTRACT AGREEMENT C-CA-021414 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................................................................................22 SECTION - 19 WARRANTY....................................................................................22 SECTION -20 ASSIGNMENT.................................................................................23 SECTION -21 RESOLUTION OF DISPUTES ........................................................23 SECTION -22 SAFETY& HEALTH ........................................................................23 SECTION -23 NOTICES.........................................................................................24 C-CA-021414 Return to Aaenda Report CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE12.05 15TH ST, RPPS AND E PPS FALL PROTECTION IMPROVEMENTS THIS AGREEMENT is made and entered into, to be effective, this December 3, 2014, by and between Jamison Engineering Contractors, 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. C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 1 of 25 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 H. 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 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 2 of 25 Return to Aaende Report shape and details of construction. Specifications shall govern as to material and workmanship. 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. C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 3 of 25 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 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: PROJECT NO. FE12-05 15TH ST, RPPS AND BPPS FALL PROTECTION IMPROVEMENTS C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 4 of 25 Return to Aaende Report SECTION-4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE12-05 15TH ST, RPPS AND BPPS FALL PROTECTION IMPROVEMENTS 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 15 calendar 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 270 calendar days from the 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 5 calendar 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 the various portions of the Work shall be installed or the priority of the work of subcontractors, C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 5 of 25 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 Project 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—S 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 Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD's ENGINEER. The decision of the ENGINEER shall be final. C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 6 of 25 Return to Aaenda Report 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 Document, 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 and Incentives." 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 One Hundred Sixty Four Thousand Two Hundred Fifty Three Dollars ($164,253)as itemized on the Attached Exhibit"A". Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 7 of 25 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 job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)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 OCSD's ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 8 of 25 Return to Aaenda Report 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 at seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 9 of 25 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 Office of the ENGINEER of OCSD. The CONTRACTOR C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 10 of 25 Return to Aaentle Report agrees that not less than said prevailing rates shall be paid to workers employed on this public works 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 Hundred 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. ADDrentices: 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 him hereunder except as provided in paragraph (B)above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at sea.)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 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 11 of 25 required or permitted to labor more than eight(B) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. F. Record of Waces: Inspection: CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its Subcontractors do the same. All payroll records shall be certified as accurate by the applicable CONTRACTOR or Subcontractor or its agent having authority over such matters. CONTRACTOR further agrees that its payroll records and those of its Subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non- compliance with the requirements of Section 1776 may be deducted from Project payments per the requirements of Section 1776. 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 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 12 of 25 Return to Aaenda Report 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 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 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 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 13 of 25 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 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 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 14 of 25 Return to Aaenda Report 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 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 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 15 of 25 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. 2. Automobile Liability: 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 Two Million Dollars ($2,000,000) 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. Worker's Compensation/Employer's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 16 of 25 Return to Aaenda Report 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. 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. 5. 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. C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 17 of 25 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 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 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 18 of 25 Return to Aaenda Report in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 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 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 Vill, 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 workers 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 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 19 of 25 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 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-S (7/97) 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 20 of 25 Return to Aaenda Report 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 3. Reauired State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Reauired Endorsements a. Notice of Policy Termination Manuscript Endorsement OCSD, its directors, officers, agents, CONSULTANTS and employees and all public agencies from whom permits will be obtained as well as their directors, officers, agents, and employees shall be included as insureds under the policy. Any additional insured endorsement shall contain language at least as broad as the coverage language contained in ISO form CG 20 10 11 85 or alternatively in both CG 20 10 10 01 and CG 20 37 10 01 together. 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". C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 21 of 25 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. 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; C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 22 of 25 Return to Aaende Report 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 at. seq., regarding resolution of construction claims for any Claims which 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. C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 23 of 25 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: Jamison Engineering Contractors, Inc. 2525 S. Yale Street Santa Ana, CA 92704 Copy to: Kathy Jamison Jamison Engineering Contractors, Inc. 2525 S. Yale Street Santa Ana, CA 92704 C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 24 of 25 Return to Aaende Report IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Jamison Engineering Contractors, Inc. 2525 S. Yale Street Santa Ana, CA 92704 By Printed Name Its CONTRACTOR's State License No. 760355 (Expiration Date—3/31/2015) OCSD: Orange County Sanitation District By Chair, Operations Committee By Maria Ayala Clerk of the Board By Marc Dubois Contracts, Purchasing and Materials Management Division Manager C-CA-021414 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 25 of 25 EXHIBIT A SCHEDULE OF PRICES C-EXA-080414 Return to Aaenda Report 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 A 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. C-EXA-080414 PROJECT NO.FE12-05 15TH ST, RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 1 of 8 Return to Aaenda Report 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)calendar 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 PROJECT NO.FE12-05 15TH ST, RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED 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 at. 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. C-EXA-080414 PROJECT NO.FE12-05 15TH ST, RPPS AND EPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 3 of 8 Return to Aaenda Report 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 fled 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) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will 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 C-EXA-080414 PROJECT NO.FE12-05 15TH ST, RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 4 of 8 acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been fled with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar 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: 1. The true and correct amount payable for the Work is different from that previously accepted; C-EXA-080414 PROJECT NO.FE12-05 15TH ST, RPPS AND EPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 5 of 8 Return to Aaentle Report 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 PROJECT NO.FE12-05 15TH ST, RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 6 of 8 ATTACHMENTI 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 C-EXA-080414 PROJECT NO.FE12-05 15TH ST, RPPS AND EPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 7 of 8 Return to Aaentle Report ATTACHMENT SCHEDULE OF PRICES See next pages for Bid Submittal Forms (Jamison Engineering Contractors, Inc.): BF-14 Schedule of Prices, Page 1 —2. C-EXA-080414 PROJECT NO.FE12-05 15TH ST, RPPS AND BPPS FALL PROTECTION IMPROVEMENTS CONFORMED Page 8 of 8 Bid Submitted By: (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. CONTRACTOR's 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 orice shall include all costs to comolete the Work, includina profit,overhead, etc., unless otherwise sbecifed in the Contract Documents. All applicable sales taxes state and/or federal, and any other special taxes patent riahts 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 Contract Documents. Bidders shall accurately reflect the cost to perform the Work. OCSD may reject unbalanced Bids. Refer to Part 2—INSTRUCTIONS TO BIDDERS. BF-14 SCHEDULE OF PRICES C-BF-070114 PROJECT NO. FE12-05 15TH ST,RPPS AND BPPS FALL PROTECTION IMPROVEMENTS ADDENDUM NO. 1 Page 1 of 2 Return to Agenda Repo,t Bid Submitted By: ook?n-"I u&C T1/C (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Unit of Extended Price No. Descdptlon Measurement 1. Mobilization: Initial progress payment for all fees, labor, materials and equipment required for mobilization including but not limited to setting up staging area, on-site sanitary facilities, submittal and Lump Sum $ 10,000 acceptance of Construction Baseline Schedule and other activities in accordance with the Contract Documents, for the lump sum price of... 2. Fumish all labor, materials, equipment and services necessary for the completion of the Contract Work of oc PROJECT NO.FE12-05, 15TH ST, RPPS AND RPPS Lump Sum $ ',S� as3 FALL PROTECTION IMPROVEMENTS, except for the t Work specified for Bid Item No. 1, in accordance with the Contract Documents,for a lump sum price of... 00 TOTAL AMOUNT OF BID (BASIS OF AWARD) $ l�j'�y a S3 BF-14 SCHEDULE OF PRICES C-SF-070114 PROJECT NO.FE12-05 15TH ST.RPPS AND BPPS FALL PROTECTION IMPROVEMENTS Page 2 of ADDENDUM NO. 1 OPERATIONS COMMITTEE NeeungDate To ad.of Di,. tzros/t4 AGENDA REPORT Item Number Item Number a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nicholas J. Arhontes, Director of Facilities Support Services SUBJECT: INDUSTRIAL CLEANING SERVICES, SPECIFICATION NO. S-2014-621 GENERAL MANAGER'S RECOMMENDATION A. Award a service contract to Hoffman Southwest Corp. dba Professional Pipe Services for Industrial Cleaning Services, Specification No. S-2014-621 BD, for a total amount not to exceed $120,000 for the period January 1, 2015 through December 31, 2015, with four one-year renewal options; and B. Approve a contingency of$12,000 (10%). SUMMARY The primary purpose of this service contract is to provide for cleaning of treatment facilities infrastructure. This is a staff directed as-needed on-call service to remove and dispose of debris and other materials from our facilities. Tasks are a part of planned and scheduled work and also emergency work when needed. This approach will expedite procuring and coordinating this type of work, reduce staff resources associated with procurement, contracting, accounting and also specification development. It will also eliminate multiple contracts throughout the year and will efficiently consolidate individual contracts into one contract authorized by the Board of Directors. The proposed agreement is for a one (1) year period with annual authorization to renew based on successful performance by the contractor. Staff will use the service provider on an as-needed basis and does not guarantee work quantities or volumes. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Work volumes estimated were based on historical industrial cleaning jobs that occurred during the year. Facilities in the treatment plants include: headworks, grit chambers, primary clarifiers, chemical storage tanks, wet wells and several other areas where these types of services can be used. Secondary uses are in the collections facilities and may include pipelines, pump station wet wells, and manholes. The Bid was advertised on June 11, 2014. Two bids were received on July 31, 2014. The bids were evaluated in accordance with OCSD policies and procedures. Professional Pipe Services was deemed the lowest responsible and responsive bidder. Page 1 Staff recommends Professional Pipe Services be awarded the contract as the lowest responsible and responsive bidder. BIDDER TOTAL COST 1. Professional Pipe Services $ 114,832 2. Performance Pipeline Technologies $ 155,200 CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE This recommendation complies with authority levels of the OCSD Purchasing Ordinance. This item has been included in various operating budget line items: Division 330-330.54010 Division 830-830.54010 Division 850-850.54010 Division 342-342.54010 Division 840-840.54010 Date of ADDroval contract Amount Contlnaencv 1 210 3/2 01 4 $120,000.00 $12,000.00(10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package and attachments: • Service Contract MAE:WC:DF:IH:eh Page 2 Return to Mends Report SERVICE CONTRACT Industrial Cleaning Services Specification No. S-2014-621BD THIS CONTRACT is made and entered into as of the date fully executed below by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Hoffman Southwest Corp., dba: Professional Pipe Service with a principal business at 249 South Paseo Tesoro, Walnut CA 91789 thereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor for industrial cleaning services "Services"; and WHEREAS. OCSD has rhnsen rinmrar_.tor to rnndUrt Sarvires in arrordanra with Ordinance No. OCSD-44; and WHEREAS, on December 3, 2014, the Operations Committee of the OCSD Board of Directors authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached as Exhibit "A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Scope of Work Exhibit"B" Bid Submitted by Contractor Exhibit"C" Acknowledgement of Insurance Requirements 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. 1.6 The term "hours", when used in this Contract, shall be as defined in Exhibit"A". 1.7 The term "days", when used in the Contract, shall mean calendar days, unless otherwise Orange County Sanitation District 1 of 9 No. S-2014-621 RD Return to Mende Report noted as business days. 1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 The term "Job" refers to the individual work or tasks that may he assigned from time-to- time. 1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation for this project shall not exceed the total amount of One Hundred Fniirtgen Thrnisand Fight Hundred Thirty-two and 00/00 Dnllars IA114,R32.00). 3. Payments Payments shall be made upon approval by OCSD Project Manager, Dickie Fernandez or his designee, of invoices submitted for individual jobs completed as described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the individual job has been satisfactorily completed. 4. Invoices 4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Invoices shall include the Purchase Order Number. 4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff(a)OCSD.com and reference the following in the subject line: "INVOICE", the Purchase Order number, the Project Manager, Dickie Fernandez, and S-2014-621 BD. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 6. Contract Term The Services provided under this Contract shall commence on the date of notice to proceed and continue for the period of one (1)year. 9. Renewals 9.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year periods based upon the criteria set forth in the specifications, Exhibit"A", under the terms and conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew. Orange County Sanitation District 2 of 9 No. S-2014-6218D Return to Mends Report 9.2 Renewals may be made through the OCSD Purchase Order Process. 10. Termination 10.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 10.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 10.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to C:nntrAntnr[ • if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or • if Contractor sells its business; or • if Contractor breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 10.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 11. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 12. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended Orange County Sanitation District 3 of 9 No. 5-2014-621 RD Return to Agenda Report were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 13. Safety Standards and Human Resources(HR)Policies 13.1 OCSD requires all contractors and service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the most stringent regulatory requirement at no cost to OCSD. Contractor and all their employees and subcontractors, shall adhere to all applicable OCSD Safety Standards and Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under"Safety". In addition to the requirements stated in 13.1 above, Contractor shall adhere to the following OCSD Safety requirements: SOP-102 PPE, SOP-104 Confined Space, SOP-105 LOTO 6-19- 12, SOP-106 Hearing Conservation Program, SOP-107 Hazard Communication, SOP-108 Contractor Safety, SOP-109 Respiratory Protection Program, SOP-110 Radiation Safety Program, SOP-113 Bloodborne Pathogen, SOP-117 Fire Prevention, SOP-118 Hot Work, SOP- 120 Machine Guarding, SOP-206 Fall Protection, SOP-208 Workplace Security Policy, SOP- 303 Crane Safety Program and SOP-304 Mobile Equipment. 14. Warranties Contractor's warranty: If, within the 12-month period following completion of its Services, OCSD informs Contractor that any part of the Services fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 15. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 16. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 17. Freight(F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 18. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 19. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, Orange County Sanitation District 4 of 9 No. S-2014-621 RD Return b Agenda Report but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 20. Licenses. Permits. Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 21. Applicable Laws and Regulations Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 22. Contractor's Employees Compensation 22,1 pgyi8-Rnr.nn Art - Qnntrnr.tnr will nav and will renijim all $rbQgntrartgrs to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 22.2 General Prevailing Rate— OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract, and copies of the same are on file in the office of the engineer of OCSD. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. 22.3 Forfeiture For Violation - Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this contract, all in accordance with Section 1775 of the Labor Code of the State of California. 22.4 Apprentices — Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5)working days or more. 22.5 Workday — In the performance of this contract, not more than eight (8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph 19.2 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty Orange County Sanitation District 5 of 9 No. 5-2014-621 RD Return b Agenda Report 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 calendar day and forty(40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 22.6 Record of Waoes; Inspection - Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the nrovisinns of I ahnr Coda. Rnntinn 177A in general Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. 23. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 24. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 25. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such parry of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 26. Remedies In addition to other remedies available in law or equity, 'If the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1)cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover' as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 27. Dispute Resolution 27.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Orange County Sanitation District 6 of 9 No. S-2014-621 RD Return b Mends Report Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 27.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law 11 the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 28. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Disnute Resnkrfinn lADRI is nenecsary to enforce nr internrat the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 29. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 30. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 31. Damage to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 32. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 33. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 34. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 35. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 36. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Contractor or to its successor, Orange County Sanitation District 7 of 9 No. S-2014-621 RD Return to Mende Report or for breach of any obligation for the terms of this Contract. 37. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 38. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 39. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 8 of 9 No. 5-2014-621 RD Return to Mende Report 40. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: Hoffman Southwest Corp., dba: Professional Pipe Service Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair Operations Committee Dated: By: Clerk of the Board Dated: By: Contracts/Purchasing Manager HOFFMAN SOUTHWEST CORP., DBA: PROFESSIONAL PIPE SERVICE Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 9 of 9 No. S-2014-621 RD OPERATIONS COMMITTEE meeting Dare TOBd.of Dlr. 1VO3114 12/17/14 AGENDA REPORT Item Number Item Number s Orange County Sanitation District FROM: James Herberg, General Manager Originator: Ed Torres, Director of Operations & Maintenance SUBJECT: SERVICE CONTRACT FOR PLANT NO. 2 TRICKLING FILTERS CARBON CHANGE-OUT, SPECIFICATION NO. S-2014-627BD GENERAL MANAGER'S RECOMMENDATION A. Approve the Service Contract with Evoqua Water Technologies LLC, for Plant No. 2 Trickling Filters Carbon Change-Out [replacement] per Specification No. S-2014-627BD for the purchase of up to six (6) carbon media replacements (including carbon media, disposal, and installation), for a total amount not to exceed $450,474 for the period March 1, 2015 through February 29, 2016, with four (4) one-year renewal options; and B. Approve a contingency of$45,047 (10%). SUMMARY The Plant No. 2 trickling filter secondary process is equipped with activated carbon vessels (three separate units) for odor control. To mitigate frequent offsite odors and resulting complaints by the neighbors, the activated carbon media is being changed-out every two (2) months, requiring six (6) change-outs per year. Staff developed a scope of work and invited thirty-two (32) vendors to submit a proposal. Four(4) bids were received as listed in Table (1). Table 1 Bid results Com an Bid Amount include tax Comments Prominent System $122,328.00 Withdrawn bid Carbon Activated $189,714.00 Withdrawn bid Pure Air Filtration ---- $340,290.00- Non-Responsive Evo ua-Water Tech. LLC $450,474.00 - Bid award Both Prominent System and Carbon Activated retracted their bids due to clerical errors on their part. The next lowest bid, Pure Air Filtration, was disqualified due to the exclusion of required Surety information at the time of the bid submittal. Therefore, staff recommends awarding to the most responsive and responsible low bidder, Evoqua Water Technologies LLC. Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS December 2013 — Board Agenda Item 12, the Board approved Amendment No. 1 to Purchase Order 104901-OB with Pure Air Filtration, LLC, Specification No. S-2013-580 for an additional $474,800 for the purchase of up to (4) four additional replacements for a new total Contract amount not to exceed $710,000. ADDITIONAL INFORMATION For this new contract, staff investigated utilizing a non-specialized carbon media that still meets the Air Quality Permit Requirements, and yet costs less. Through the procurement of a less expensive carbon media, the annual contract amount has been reduced by 37% or$260,000 compared to the previous contract period. CEQA N/A BUDGET/PURCHASE ORDINANCE COMPLIANCE This request complies with authority levels of the OCSD Purchase Ordinance. This item has been budgeted in Division 840, object 54010, line item 109. Date of Approval Contract Amount contingency 12/17/14 $450,474.00 $45,047.00 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: Service Contract ET:JS:MK:ys:d Page 2 of 2 Return to Mends Report SERVICE CONTRACT Trickling Filters Carbon Change Out Specification No. S-2014-627BD THIS CONTRACT is made and entered into as of the date fully executed below by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Evoqua Water Technologies, LLC with a principal business at 2650 Tallevast Road, Sarasota, FL 34243 (hereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor for Trickling Filters Carbon Change Out"Services"; and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No. OCSD-44; and WHEREAS, on December 17, 2014, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit"A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Scope of Work Exhibit"B" Bid Price Form Exhibit"C" Acknowledgement of Insurance Requirements 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. Orange County Sanitation District 1 of 9 Specification No. S-2014-627BD Return b Mende Report 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The tens "hours", when used in this Contract, shall be as defined in Exhibit"A". 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation for this Contract shall not exceed the total amount of four hundred fifty thousand four hundred seventy-four dollars ($450,474.00). 3. Payments Payments shall be made upon approval by OCSD Project Manager, or designee, of invoices submitted for Services completed as described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 4. Invoices 4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Invoices shall include the Purchase Order Number. 4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaffaa.00SD.com and reference the following in the subject line: "INVOICE", the Purchase Order number, the Project Manager, and S-2014-627BD Trickling Filters Carbon Change Out. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 6. Contract Term The Services provided under this Contract shall be for a one-year period commencing on the effective date of the date of Notice to Proceed. 9. Renewals 9.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year periods for the Services as described in Exhibit "A", if mutually acceptable Contract terms can be Orange County Sanitation District 2 of 9 Specification No. S-2014-627BD Return b Mende Report negotiated. OCSD shall make no obligation to renew or give reason if it elects not to renew. 9.2 Renewals may be made through the OCSD Purchase Order Process. 10. Termination 10.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 10.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 10.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: • if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or • if Contractor sells its business; or • if Contractor breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 10.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 11. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 12. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part Orange County Sanitation District 3 of 9 Specification No. 5-2014-627BD Return b Mende Report of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractors duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 13. Safety Standards and Human Resources (HR) Policies OCSD requires all contractors and service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the most stringent regulatory requirement at no cost to OCSD. Contractor and all their employees and subcontractors, shall adhere to all applicable OCSD Safety Standards and Human Resources Policies found at: OCSD.com, "Doc Central' (bottom of page), under "Safety". 14. Warranties 14.1 Manufacturer's standard warranty shall apply. 14.2 Contractor's warranty: If, OCSD informs Contractor that any part of the Services fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 15. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 16. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 17. Freight(F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 16. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 19. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. Orange County Sanitation District 4 of 9 Specification No. S-2014-627BD Return to Mende Report 20. Licenses, Permits. Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 21. Applicable Laws and Regulations Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 22. Contractor's Employees Compensation 22.1 Davis-Bacon Act - Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 22.2 General Prevailina Rate— OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract, and copies of the same are on file in the office of the engineer of OCSD. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. 22.3 Forfeiture For Violation - Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this contract, all in accordance with Section 1775 of the Labor Code of the State of California. 22.4 Apprentices — Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5)working days or more. 22.5 Workday — In the performance of this contract, not more than eight (8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph 19.2 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty five dollars ($25.00)for each worker employed in the execution of this contract by Contractor or Orange County Sanitation District 5 of 9 Specification No. 5-2014-627BD Return b Mende Report any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty(40) hours in any one week in violation of said Article. Contractor shall keep an accurate record shoving the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 22.6 Record of Waaes: Inspection - Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. 23. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 24. Governina Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 25. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 26. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1)cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover' as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 27. Dispute Resolution 27.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Orange County Sanitation District 6 of 9 Specification No. S-2014-627BD Return b Mends Report Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 27.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The 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. 28. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 29. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 30. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 31. Damage to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 32. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this Contract without the prior written consent from OCSD. 33. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 34. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 35. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 36. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default Orange County Sanitation District 7 of 9 Specification No. S-2014-627BD Return b Mende Report or breach by OCSD or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Agreement. 37. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 38. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 39. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 8 of 9 Specification No. S-2014-627BD Return to Mende Report 40. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Larry Roberson Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: Evoqua Water Technologies, LLC Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair Board of Directors Dated: By: Clerk of the Board Dated: By: Contracts/Purchasing Manager EVOQUA WATER TECHNOLOGIES, LLC Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 9 of 9 Specification No. S-2014-627BD OPERATIONS COMMITTEE Neeing Dare TOBA.Of DIr. 1VO3114 12/17/14 AGENDA REPORT Item Number Item Number 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES, PROJECT NO. J-110 GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Consultant Services Agreement with Atkins North America, Inc. for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, for an amount not to exceed $611,307; and B. Approve a contingency of $61,131 (10%). SUMMARY This project is for the rehabilitation of existing facilities at Plant No. 2 and encompasses diverse categories of work. This project demolishes final effluent sampling and ocean monitoring trailers and one storage building, makes subsurface improvements, and constructs a new final effluent sampling pump station and building with a small laboratory area. This project rehabilitates large diameter final effluent outfall pipelines, including the land section of the short-ocean outfall pipe, rehabilitates junction structures and large valve boxes associated with the final effluent pipelines, and rehabilitates Surge Tower No. 1. The short outfall work requires divers to install a mechanical plug and metal plates in the outfall pipe. This project replaces two buried natural gas pipelines, removes and replaces asphalt paving, retrofits a small storm water pump station, replaces a bubbler system, and installs other miscellaneous items. Atkins North American, Inc. (Atkins) has satisfactorily furnished engineering services for the design of the Final Effluent Sampler and Building Area Upgrades, Project No. J-110. Atkin's engineering support services are needed during the construction phase to provide continuity of services through the completion of the project. The proposed services will include reviewing submittals, answering Contractor's requests for information, reviewing design changes, providing geotechnical observation during construction, assisting during start-up, preparing record drawings, and assisting in closeout of the project. Staff negotiated with Atkins for these support services in accordance with the Orange County Sanitation District's (Sanitation District) adopted policies and procedures. A review of the proposed price was conducted using estimated quantities of requests for information, submittals, meetings, site visits, change order review, and design revisions, Page 1 of 2 as well as the level of effort to prepare record drawings. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services. Staff recommends awarding a Professional Consultant Services Agreement to Atkins. PRIOR COMMITTEE/BOARD ACTIONS May 2012 — Approved a Professional Design Services Agreement with Atkins North America, Inc. for engineering design services for Final Effluent Sampler and Building Area Upgrades, Project No. J-110, for an amount not to exceed $1,764,022, and approved a contingency of$176,402 (10%). ADDITIONAL INFORMATION N/A CEQA Notice of Exemption was filed on May 5, 2008. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (FY2014-15 Section 8, Page 73), and will be funded from the current project budget. ATTACHMENT The following attachment(s) maybe viewed on-line at the OCSD websife (www.ocsd.corn with the complete agenda package: Professional Consultant Services Agreement WS:dm:gc Page 2 of 2 Return to Aaenda Report PROFESSIONAL CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 17th day of December, 2014,by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and ATKINS NORTH AMERICA, INC., for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for Final Effluent Sampler and Building Area Upgrades, J-110; and, WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and, WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the SANITATION DISTRICT Board of Directors' Ordinance No. OCSD-44 Section 4.03(B)for the continuation of services and has proceeded in accordance with said procedures to perform this work; and, WHEREAS, at its regular meeting on December 17, 2014, the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to SANITATION DISTRICT Board of Directors' Ordinance No. OCSD-44 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall perform its work in accordance with engineering standards in effect for clarity, uniformity, and completeness. PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 1 of 18 C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of 30 calendar days during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT. E. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third parry without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Six Hundred Eleven Thousand Thousand, Three Hundred Seven Dollars ($611,307.00). Total compensation to CONSULTANT including burdened labor(salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum set forth in Attachment"E"- Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits)actually paid by CONSULTANT PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 2 of 18 Return to Aaende Report charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees' work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment"E"- Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment"E"- Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment"E"- Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 3 of 18 DISTRICT receipts and other documentary records to support CONSULTANT's request for reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 -COMPENSATION above. G. Reimbursable Direct Costs The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment"D"-Allowable Direct Costs to this Agreement. The reimbursement of the above mentioned expenses will be based on an "accountable plan" as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a "per diem" component approved by IRS. The most recent schedule of the per diem rates utilized by the SANITATION DISTRICT can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/l 04711#. 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 meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 4 of 18 Return to Aaende Report Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment"D"-Allowable Direct Costs of this Agreement. H. Limitation of Costs If, at any time, CONSULTANT estimates the Cost of performing the services described in CONSULTANT's Proposal will exceed the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's invoice and monthly progress report. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted Costs are subject to Section 11 -AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2- COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a per-project-element basis. 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: PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 5 of 18 i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 -COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 6 of 18 Return to Aaende Report of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT intends to employ employees who will perform work during the design and preconstruction phases of a construction contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed. All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 7 of 18 herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of PCSA PROJECT NO.J-110 Revised 060214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 8 of 18 Return to Aaende Report One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Three Million Dollars ($3,000,000)with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior ads or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 9 of 18 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. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. PCSA PROJECT NO.J-110 Revised 060214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 10 of 18 Return to Aaende Report J. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 8. SCOPECHANGES In the event of a change in the Scope of Work, requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 11 of 18 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT's project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT's personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer. Such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 12 of 18 Return to Aaende Report be available to assist SANITATION DISTRICT's auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Sarah L. Strader, Sr. Contracts Administrator Copy: Wendy Sevenandt, Project Manager Notices shall be mailed to CONSULTANT at: ATKINS NORTH AMERICA, INC. 625 The City Drive South, Suite 200 Orange, CA 92868 Attention: Alberto Acevedo, PE, PMP, BCEE All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT's staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13- NOTICES. PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 13 of 18 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2)future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 14 of 18 Return to Aaende Report services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, consultants, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses including without limitation, reasonable attomeys' fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and the SANITATION DISTRICT's general and administrative expenses (individually, a "Claim', or collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from: (A)the sole or active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, consultant, subconsultanl, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 15 of 18 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 25. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30)days of receipt of notice of Agreement closeout. Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall commence a closeout audit of the Agreement and will either: i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT's cost. PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 16 of 18 Return to Aaenda Report CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance. Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT's request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or agreement with, the CONSULTANT's request for final Agreement Acceptance. 26. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PCSA PROJECT NO.J-110 Revised 660214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 17 of 18 IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: ATKINS NORTH AMERICA, INC. By Date Printed Name &Title ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Maria E. Ayala Clerk of the Board Date By Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment"A"—Scope of Work Attachment"B"—Not Used (or Not Attached) Attachment"C"— Not Used (or Not Attached) Attachment"D"—Allowable Direct Costs Attachment"E"—Fee Proposal Attachment"F"— Not Used (or Not Attached) Attachment"G"— Not Used (or Not Attached) Attachment"H"— Not Used (or Not Attached) Attachment"I"— Cost Matrix& Summary Attachment"J"—Not Used (or Not Attached) Attachment'W'—Not Used (or Not Attached) SLS:ms PCSA PROJECT NO.J-110 Revised 0e0214 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES Page 18 of 18 Return to Aaenda Report ATTACHMENT "A" SCOPE OF WORK ATTACHMENT "A" SCOPE OF WORK Final Effluent Sampler and Building Area Upgrades Project No. J-110 TABLE OF CONTENTS I. SUMMARY............................................................................................................................1 II. BACKGROUND, GENERAL PROJECT DESCRIPTION AND PROJECT ELEMENTS.......1 BACKGROUND.....................................................................................................................1 GENERAL PROJECT DESCRIPTION...................................................................................2 DESCRIPTION OF PROJECT ELEMENTS...........................................................................2 III. PROJECT SCHEDULE.........................................................................................................4 IV. PROJECT IMPLEMENTATION ............................................................................................5 PHASE 2—PRELIMINARY DESIGN ....................................................................................5 PRELIMINARY DESIGN SERVICES ....................................................................................5 Task 2.1 — Review of Existing information.............................................................................6 Task 2.2— Facilities Inspection and Condition Assessment Documentation.........................6 Task 2.3— Physical Inspection............................................................................................11 Task 2.4— Inspection Report...............................................................................................11 Task 2.5— Preliminary Design Report(PDR)......................................................................11 Task 2.6— Utility Coordination.............................................................................................15 Task 2.7— Environmental Documentation...........................................................................18 Task 2.8— Risk Management Plan......................................................................................19 Task 2.9— Risk Analysis Report..........................................................................................19 GENERAL DESIGN SERVICES..........................................................................................19 Task 2.10— Project Management........................................................................................19 Task 2.11 —Workshops and Focused Meetings..................................................................22 Task2.12—Quality Control.................................................................................................26 Task 2.13—Management of Subconsultants ......................................................................27 Task 2.14—Coordination with other Projects......................................................................28 PHASE 3 -FINAL DESIGN .................................................................................................28 FINAL DESIGN SERVICES..................................................................................................29 Task 3.1 — Design Submittal 1 (DS1) ..................................................................................29 Task 3.2— Design Submittal 2 (DS2)..................................................................................29 Task 3.3— Design Submittal 3 (DS3)..................................................................................32 Return to Mende Report Task 3.4— Final Design Submittal (FDS)............................................................................33 Task3.5—Specifications.....................................................................................................34 GENERAL DESIGN SERVICES..........................................................................................36 Task 3.6— Project Management..........................................................................................37 Task 3.7—Workshops and Focused Meetings....................................................................37 Task3.8—Quality Control...................................................................................................44 Task 3.9— Management of Subconsultants ......................................................................45 Task 3.10—Coordination with other Projects......................................................................50 Task3.11 — Permitting.........................................................................................................50 BID SUPPORT SERVICES.................................................................................................51 PHASE 4—CONSTRUCTION AND INSTALLATION SERVICES............................................52 PHASE 5—COMMISSIONING SERVICES—NOT USED.........................................................52 PHASE6—CLOSE OUT...........................................................................................................52 V. GENERAL REQUIREMENTS.............................................................................................52 VI. STAFF ASSISTANCE.........................................................................................................54 ATTACHMENTS:......................................................................................................................54 EXHIBIT 1 — Project Related Documents..................................................................................54 EXHIBIT 2—Confined Space Policies and Procedures............................................................54 EXHIBIT 3—Sample Construction Cost Estimate Format ........................................................54 EXHIBIT 4— Deliverables List...................................................................................................54 EXHIBIT 5—Sanitation District Engineering Design Standards................................................54 LIST OF FIGURES:...................................................................................................................54 Figure 1 — Plant No. 2 Hydraulic Flow Schematic.....................................................................54 Figure 2— Flow Schematic of the Ocean Outfall System..........................................................54 Figure 3—Limits of Surface Drainage and Landscaping Improvements...................................54 I. SUMMARY Provide professional engineering services for the preparation of Final Design (including Plans and Specifications), permit support, construction documents, and construction bid support services for the replacement of Final Effluent Sampler and Building Area Upgrades. Additionally, provide engineering services for the inspection and condition assessment of various sections of the Short Ocean Outfall (78 inch Ocean Outfall), and associated pipelines and structures to the Short Ocean Ouffall (see Figure 1 and 2); including preparation of inspection plans, inspection reports, construction documents for the rehabilitation of these facilities, and assistance during bid time. Services for the project elements described herein, shall be provided in accordance with this Scope of Work. It. BACKGROUND, GENERAL PROJECT DESCRIPTION AND PROJECT ELEMENTS BACKGROUND The Final Effluent Sampler Building at Plant No. 2, located at the south-east corner of the property site of the plant, houses the sampling equipment used to collect samples of the final effluent from the Long Ocean Ouffall before being discharged into the Pacific Ocean. Over the years, several projects where implemented to upkeep the Final Effluent Sampler Building and its sampling equipment. At this time the useful life of this building and equipment cannot be extended any further. Therefore this project is to construct a new building to provide housing for the new sampling equipment. The Ocean Outfall System at Plant No. 2 includes two (2) pipelines to carry the final effluent from the Ocean Ouffall Booster Station (GOBS pump station) and/or from the Effluent Pump Station Annex (EPSA) into the Pacific Ocean. The ocean section of the Long Outfall pipeline (120 inch) is approximately five (5) miles long and the Short Outfall pipeline (78 inch) is one (1) mile long. At this time samples are taken only from the Long Ouffall pipeline through a sampling port (stingers)and a sampling pumping system into the sampler building. Both Ocean Ouffall pipelines have a Surge Tower to prevent damage from hydraulic surges caused by pumping and tidal effects. Surge Tower No. 1 is associated with the Short Ouffall and Surge Tower No. 2 is associated with the Long Outfall. Recent limited inspections of the facilities indicate that there is corrosion, liner damages, and structural damages on several locations on the land portion of the Short Outfall piping and Surge Tower No. 1. The Orange County Sanitation District (Sanitation District) requires rehabilitation of the Short Outfall pipeline in order to prevent effluent leakage from these facilities if the need for it use arises. In addition, the Sanitation District would like to add a new sampling port (stingers)to the Short Ouffall pipeline to allow for sampling of the effluent before discharge is made into the Pacific Ocean in the event that the Short Outfall is used. Additional work to be included in this Scope of Work(SOW)will provide for the analysis and evaluation for the installation of a permanent flow meter in the short ouffall, for the analysis and evaluation for the installation of a sampling port (stingers) in the Short Outfall pipeline, removal and replacement of instrumentation and modifications to the high pressure air (HPA) supply at Surge Tower No. 1. The SOW also includes drainage and landscape improvements of the area bounded by OOBS pump station and along the east chain link fence line to the process area (see Figure 3). 07-13-2011 J-110 — Design SOW Page 1 of 54 Return to Mende Report GENERAL PROJECT DESCRIPTION This project will demolish and replace the final Effluent Sampler Building and the associated final effluent sampler pumping system. Additionally, this project will remove the two (2) adjacent unused buildings (storage building and Ocean Monitoring Trailer), and will provide for drainage and landscaping improvements in the adjacent areas to the new Final Effluent Sampler Building (see Figure 3). A temporary facility will need to be provided to house the existing sampling equipment to continue the sampling of the final effluent while the existing building is out of service for demolishing and replacement. In addition, a permanent flow meter installation and a new connection port(stingers) and pumps will be designed for the Short Outfall pipeline to allow flow metering and sampling of the plant effluent before discharge is made into the ocean, in the event that the Short Ouffall is used. Furthermore, the Consultant shall perform condition assessment of the various sections of the Short Ouffall and associated pipeline in order to ensure reliable continuous operation of the Short Ocean Ouffall, prepare construction documents, and provide bid support services, for all the recommendations from the condition assessment studies and to correct surface drainage and landscaping improvements of the areas shown on Figure 3. . DESCRIPTION OF PROJECT ELEMENTS Project Element 1 —Final Effluent Sampler Building The Consultant shall design a new Final Effluent Sampler Building to blend with the surroundings and minimize visual impacts due to the installation of this building. The building shall include: architectural features to render a building amenable to all stakeholders; HVAC system; laboratory furniture including but not limited to countertops, cabinets, a sink, drawers, etc.; connections to utilities including phone, water, sewer, electrical, plant air, etc.; sampling equipment including new sampling pumps, two (2) sampling troughs (one duty and one standby)with back flushing capabilities; new piping and appurtenances with back flushing capabilities;four (4) new samplers; electrical and instrumentation; and all appurtenances for the collection of flow composite and grab samples of the final effluent from the Long Ouffall and/or the Short Ouffall. The new building shall include the capability to connect to the Sanitation District's computer network system, process control work station (CRISP), card reader for access into the building, two (2) CCTV cameras attached to the building, fire alarm system and public address system. The building shall meet all building codes, ADA requirements and shall be approved by the local California Coastal Commission in the city of Huntington Beach. The Sanitation District will file and obtain the Coastal Development Permit (CDP)for the construction of this facility. The Consultant shall provide assistance in preparation of the CDP application and acquisition by preparing schematics, drawings, renderings and other documents that may be required. The Final Effluent Sampler Building size shall be approximately 21 X 55 feet, and shall include a restroom, office space (10X10 feet), and an internal small supplies storage area. The effluent sampler working area shall be approximately 35X21 feet and the external storage area shall be a 20X21 feet and shall include a roll-up and a side access door. The HVAC system shall be dedicated to the working area only. The upgrades to the effluent sampler building shall also include the installation of one eye wash/shower equipment and drainage-landscaping improvements between the new building and, the east and south fence (see Figure 3). 07-13-2011 J-110—Design SOW Page 2 of 54 The construction documents shall include provisions for the installation of temporary Sampler Facilities during the construction of the new building and for the demolition of the existing Final Effluent Sampler Trailer, Ocean Monitoring Trailer and the storage building. Project Element 2—Short Outfall Facilities Condition Assessment The Consultant shall assess the condition of the following facilities, including all equipment and instrumentation as described herein (see Figure 2), prepare condition assessment report that includes recommendations for the rehabilitation of these facilities, construction cost analysis; and Final Construction Documents. The facilities to be assessed include: - Surge Tower No. 1 - 120 inch pipeline between Surge Tower No. 1 and the north end of the 120/78 inch transition box located at the north end of the existing Beach Box - 60/78 inch pipeline between JB-A and COBS discharge header - 66/54 inch pipeline between JB-A and the emergency storage basins - 78 inch pipeline between OOBS discharge header and Surge Tower No. 1 - 66/108 inch pipelines between OOBS and JB-1 - 66/78 inch pipelines between JB-1 and JB-C - 84 inch pipeline between OOBS and JB-C - Junction Box JB-1 - Bulk Heads, Stoplogs, Valves, and Gates associated with the Short Outfall pipeline Project Element 3— Improvements to Short Outfall Facilities The Consultant shall provide engineering services to prepare biddable plans, technical specifications, and construction documents for the following: - The rehabilitation of all the facilities listed in Project Element 2 - Removal and replacement of tunnel tops in the Ribal Tunnel - Removal and replacement of tunnel tops in the Billings Tunnel between the Ribal and Lewis tunnels - Removal and replacement of tunnel tops in Sleugh Tunnel between the Billings Tunnel and the Bleach Station - Demolition of the Auxiliary Plant Water Pump Station - Removal of the 12 inch Plant Water(PW) pipeline between the Ribal and Lewis tunnels - Removal and replacement of electrical boxes, lights, smoke sensors and associated conduits mounted on the tops or walls of the Ribal and Sleugh tunnels - Removal and replacement of electrical boxes, lights, smoke sensors and associated conduits mounted on the tops or walls of the Billings Tunnel between the Ribal and Lewis tunnels - Installation of a Sample Port (stingers) in the Short Outfall pipeline - Installation of permanent Flow Meter in the Short Outfall pipeline - Removal of existing local air compressor and associated piping at Surge Tower No. 1; and connection to the plant High Pressure Air(HPA)supply 07-13-2011 J-110—Design SOW Page 3 of 54 Return to Agenda Report - Removal and replacement of the electrical and Instrumentation equipment at Surge Tower No.1 - Landscape and drainage improvements of areas bounded by COBS wet well to the south property fence and from the east Santa Ana River levee to the east of the process areas (see Figure 3). III. PROJECT SCHEDULE Consultant shall adhere to the following project schedule: Major Milestones Deadline (weeks from the contract start) Project Kickoff Meeting 0 Review Existing Documentation 4 Submit Condition Assessment Documentation 12 Conduct Physical Inspection 24 Submit Physical Report 28 Conduct Condition Assessment Workshop 32 Submit TM-1 and TM-2 34 Submit TM-3, TM-4 and TM-5 40 Submit TM-6 and TM-7 46 Submit Draft Preliminary Engineering Report (PDR) 52 Conduct PDR Design Gate Workshop 54 Submit Final Preliminary Engineering Report (PDR) 58 Submit Design Submittal 2 (DS2) 66 Conduct Design Submittal 2 (DS2) Workshop 70 Submit Design Submittal 3 (DS3) 78 Conduct Design Submittal 3 (DS3) Gate Workshop 80 Submit Final Design Submittal (FDS) 86 TOTAL SCHEDULE TIME 86 07-13-2011 J-110 — Design SOW Page 4 of 54 The above schedule takes into account the Sanitation District review period for each project submittal. The review period for submittals is three (3)weeks for major milestone submittals the Consultant shall not proceed with the design after each major milestone submittal unless directed by the Sanitation District. The Consultant's schedule in the proposal must include all the major milestones listed above as well as the Sanitation District review periods for major submittals and workshops. Key workshops are listed in the schedule. The Consultant should not start the Final Design until directed by the Sanitation District. The Sanitation District may consider an alternate Consultant-proposed schedule provided it reduces the overall project schedule. IV. PROJECT IMPLEMENTATION All Sanitation District Capital Improvement Projects Life Cycle includes six(6) phases as listed below: Phase 1 —Project Development (not included in this project SOW) Phase 2—Preliminary Design Phase 3—Final Design Phase 4—Construction and Installation Services (not included in this SOW to be negotiated at end of Phase 3) Phase 5—Commissioning Services (not included in this SOW to be negotiated at end of Phase 3) Phase 6—Close Out(not included in this SOW to be negotiated at end of Phase 3) Consultant shall provide engineering services for Phases 2 and 3 only under this procurement. PHASE 2 — PRELIMINARY DESIGN PRELIMINARY DESIGN SERVICES Preliminary Design includes the following tasks: review of existing data (including reports, technical memoranda, drawings, etc.); facilities inspection and condition assessment documentation; physical inspection; preparation of inspection report; preparation of a Preliminary Design Report; utility coordination; environmental documentation; risk management plan; risk analysis report; and General Design Services. Consultant shall develop labor-hour and cost estimates for each task and include them in the Cost Proposal. The labor-hour and cost estimates shall be part of the Work Breakdown Structure submittal at the beginning of the Project (see Task 2.10—Project Management), the Sanitation District may also require a further breakdown of costs based on the size of the project and required that they be included in the monthly invoice. This will be discussed in the project kick-off meeting. The goal of this additional breakdown is to allow the Consultant and the Sanitation District to keep better track of project progress vs. budget spent(Earned Value Project Management). 07-13-2011 J-110 — Design SOW Page 5 of 54 Return to Mende Report Task 2.1 —Review of Existing information Consultant shall review existing drawings (including projects J-15, J-15-1, J-15-13-2, J-22-1, J-22-2, J-32, J-34 and P2-61), field investigations reports, corrosion assessment reports, documentation of repairs and other related information to thoroughly understand the project facilities and the existing corrosion concerns. The following existing documentation is included in Exhibit 1: • Division 740 Planning—Corrosion Group Surveys, 05/05/2010 Consultant shall research other ready available pertinent documentation as required to gain additional project understanding and obtain the latest information and current conditions of all the facilities included in this project. Consultant may interview Operations staff and/or contractors and consultants who worked on past investigations, or ongoing projects such as P2-66, J-112, J-117, and J-119. Consultant shall review conditions in the field and familiarize themselves with access into and around Plant 2, the work area, and the surrounding facilities. General site safety requirements must be followed. Consultant shall request additional drawings as required to use as base drawings for the Inspection Plan, report exhibits, and the design drawings to complete the work described in this Scope of Work(SOW). Task 2.2—Facilities Inspection and Condition Assessment Documentation Consultant shall prepare prior to the implementation of this Task a detailed Inspection Plan that will be broken down by, and include detailed information for each of the subtasks described below: Task 2.2.1 Inspection Plan Consultant shall prepare a detailed Inspection Plan that will include but not be limited to: the shut down and isolation of COBS pumping and piping systems if necessary; draining and dewatering of pipelines or structures; access points into the pipe, cleaning, odor control; and other parameters as required to perform an inspection of the interior of the pipes and/or other structures associated with the Short Ocean Outfall pipeline (see Figure 2). The Plan must include sequencing of isolation, shutdown, drain/pump out and inspection in order to perform the work in a safe logical sequence that minimizes risks and facility downtime. Only one shutdown of OOBS is anticipated for the entire inspection. For example, facilities that require the longest pump down and/or preparation time may be phased as the last inspected. Consultant shall consider the following topics, as a minimum, in the Inspection Plan: • Shutdown and lock-out tag-out(LOTO) procedures for OOBS previously developed by the Sanitation District. Consultant shall use these procedures and modify as required for this project. 07-13-2011 J-110 — Design SOW Page 6 of 54 • Consultant shall be responsible for rehabilitation and placing of the existing stoplogs/bulkheads to isolate and drain all pipelines and structures included in this project, see Task 2.3. • Consultant shall identify the location and size of ventilation equipment required for the performance of the inspection activities. • Consultant will be required to drain the pipelines between Junction Box JB- A, the emergency overflow basin and the OOBS discharge header as required to perform the inspection. Consultant shall be responsible for the rehabilitation and installation of the existing bulkheads/stoplogs to isolate and drain these pipelines, see Task 2.3. For the inspection of the pipeline between the GOBS discharge header and Surge Tower No. 1, the entire GOBS may need to be shut down and the butterfly valve BV#4 need to be fully closed. Additionally, all the connecting pipes need to have the isolation valves closed. • It is anticipated that one or two portable trailer mounted pumps with their own generators, sized with 6-inch or 8-inch pumps, will be required for the majority of the draining. Additional portable generator driven sump pumps and sand bags to define the sump areas will likely be required at various locations during inspection to continue to drain nuisance water from leaks in the bulkheads, pipe, and valves. Pumped out and drain water can be disposed of into several manholes on the Sanitation District 5 and 6 trunk line that is approximately parallel to the outfall, about 50 feet from the outfall. • Access into any pipe or structure from the existing flanged connections may require replacing of the nuts, bolts and gaskets, see Task 2.3. Consultant shall inspect existing ports and determine if replacing the hardware is required. A procedure used in the past is to remove half of nuts and bolts at a time (every other nut and bolt)and replace them, and then replace the remaining nuts and bolts. For each access port opened, a new gasket shall be used and the seating surface properly cleaned for final closure. • Upon draining, the interior of the pipes, and/or structures may have a grease/slime layer that will make them very slippery and difficult to see the material surface. The interior of these facilities must be properly cleaned prior to inspection activities. Portable pressure washers were used effectively in the past for this purpose. Consultant must coordinate the source of water and power, connection points, and method/location to drain the waste-wash water and debris from the area to be inspected with the Sanitation District staff. Waste cleaning water can be disposed of into several manholes on the Sanitation District 5 and 6 trunk pipelines. An alternate method of cleaning may be proposed and described in the Plan if it meets the project requirements. No chemicals for cleaning during inspection, or cleaning and abrasive blasting (with gamet) materials during inspection, shall be disposed of in the Sanitation District sewer. Contractor is required to remove these materials and disposed of them appropriately. 07-13-2011 J-110 — Design SOW Page 7 of 54 Return to Mende Report • When removing access Flanges, couplings, or other equipment, spillage of wastewater must be contained and not allowed to drain onto the ground. The Consultant shall consider areas where containment of possible spills may be required. • Consultant shall confirm with Sanitation District staff that valves and gates required for the inspection activities are in reliable working condition. If valves have a history of leakage, Consultant shall plan for maintaining water level in the pipes that will allow enough time for a thorough inspection. • Consultant shall include details of inspection of the exterior of the pipe where it is above ground. • Consultant shall provide its own portable power equipment for use on the project. Task 2.2.2 Condition Assessment Plan Consultant shall prepare an Assessment Plan to evaluate the condition of the pipelines, structures and associated appurtenances (See Figure 2)of the Short Ocean Outfall pipeline. Assessment procedures shall include visual inspections, pit depth measurements, non-destructive thickness measurement and ultrasonic (UT)testing, determining external and internal material loss, determination of coating/lining failure, observation of infiltration/exfiltration, defective repairs and welding, other mechanical or structural failures or wear. Calculations of existing pipe yield strength shall be made, based on the material loss findings and/or pit depth measurements. The Assessment Plan must include the means and methods for assessing, rational for the type of assessment procedures selected, and the frequency and/or increments where measurements are to be taken. Detailed stationing or grid system labeling shall be used to determine the exact locations of damages, repairs, etc. so that the locations can be easily found during the rehabilitation/construction phase. As a result of the limited damages found in the Short Outfall piping just upstream of the Surge Tower No. 1 and the rehabilitation measures implemented, the Sanitation District is particularly concerned that additional structural rehabilitation may be necessary in this area. As such, Consultant must pay particular attention to the scope of ultrasonic testing to be performed in this area. Consultant may wish to consider discreet readings at close intervals or continuous readings in order to collect sufficient data to identify reasonable rehabilitation alternatives in this area. Consultant is responsible for developing the final scope of UT testing necessary to assess existing conditions and identify appropriate rehabilitation methods. Consultant shall use UT testing equipment that can read through existing interior coatings. 07-13-2011 J-110 — Design SOW Page 8 of 54 Task 2.2.3 Confined Space Entry Procedures Consultant shall determine confined space entry requirements for the various Project Elements, structures, and/or pipe segments described in this SOW and shall develop confined space entry procedures based on a supplied air system, ventilation or other methods. Consultant shall document procedures; and identify staffing and equipment requirements for permit and non-permit required confined space entry. The Sanitation District has prepared a number of confined space policies including: SAFETY—POL-104 Confined Spaces, SAFETY-SOP-104.1 Confined Space Entry in the Collection System, and SAFETY-SP-104 Confined Space Entry Programs. The Consultant must be familiar with and follow the requirements in these policies. In addition, the Consultant must prepare and submit to the Sanitation District for approval specific confined space entry procedures for each confined space area that is to be entered. Prior to inspection, the Consultant shall complete a Job Site Safety Analysis (JSSA)and Job Hazard Analysis (JHA)form and submit them to the Sanitation District for review and approval. The Sanitation District staff will meet with the Consultant to go over the information provided in the forms. The JHA lists the various safety plans that must accompany the form. As part of the Contingency Planning Process, it is expected that the Consultant will be required to obtain a Hot Work permit from the Sanitation District in case emergency work is determined to be necessary during inspection. It is important to note that the Consultant must provide its own rescue plan and team for the project. Copies of SAFETY-POL-104 and the JSSA/JHA forms are included in Exhibit 2 for reference. Task 2.2.4 Contingency Plan Consultant shall develop a Contingency Plan to handle unforeseen conditions during inspection that would have an impact on the operation of the facilities. The Plan shall contain the following Sections, at a minimum: • Section 1 -Background Present the purpose of the project • Section 2 -Project Elements Describe the project elements • Section 3- Inspection Activities Prepare a description of inspection activities and a schedule of work in bar chart format and accompanying text 07-13-2011 J-110 — Design SOW Page 9 of 54 Return to Mende Report • Section 4 - Inspection Related Contingencies - Review the operation of GOBS, EPSA, outfalls and other plant pipelines and processes that may be directly affected by the project scope with the Sanitation District staff. - Develop a list of potential unexpected conditions that could occur during the inspection process (i.e., bulkheads or valves on outfall lines begin to leak, isolation valves/gates fail to open or close, significant changes observed in corrosion conditions since last inspection (new leaks), problems getting COBS pumps back in service, severe pipe leakage observed that requires immediate attention, need to get GOBS back on line suddenly due to out of season rainfall events that require more pumping capacity than EPSA can provide, EPSA failure, spill containment/cleanup, etc.). - Develop appropriate contingency measure for each situation. Such measures could include such items as spare equipment, additional staff, or leak containment. Levels of response are also a part of the plan. For example, small leaks could be handled differently from high rate leaks. - Present results in a Table format along with time frames for handling problems. - Consultant should build into the plan that, upon emergency notice, COBS can be brought back on line within 24 hours. - Includes Figures as necessary in Plan to support text and tables. - Include Sanitation District's lockout/tagout and emergency procedures in the plan as applicable. - Meet with the Sanitation District staff throughout this process to receive input. - Consultant must allow the crane, used for installing/removal of the bulkheads, to remain on site for the duration of the inspection, in case an event occurs that requires the bulkheads/stoplogs to be removed quickly. The Contingency Plan shall be submitted to the Sanitation District separately from the Inspection Plan in accordance with schedule requirements. The Sanitation District's comments shall be incorporated into a revised plan. 07-13-2011 J-110 — Design SOW Page 10 of 54 Task 2.3—Physical Inspection Consultant shall coordinate the entry to all facilities for the inspection with the Sanitation District Operations and Safety staff to perform the inspection and assessment of the interior of the pipes, valves, gates, stop logs, and structures as detailed in the approved Inspection Plan. Consultant shall note any items that are changed or different from the previous inspections, plans, or sketches. Consultant shall note any leaking isolation valves. Consultant shall include a $250,000 inspection allowance for equipment and materials that may be needed to implement any immediate rehabilitation measures that may be deemed proper by the Sanitation District Project Manager and Corrosion Division staff during the inspection of the facilities. This allowance shall be included in the cost proposal as a separate line item. This allowance will be provided for implementation all activities requiring new or replacement materials such as flanges, bolts, nuts, gaskets, packing, etc.; to provide power generators; portable pumps for dewatering; rehabilitation and installation/removal of bulkheads/stoplogs to stop flow from structures; to provide cranes and any other equipment necessary to perform the inspection of facilities. Any fees not utilized will be deducted from the Consultant's overall project budget. Task 2.4— Inspection Report Consultant shall document the findings of Task 2.1, procedures prepared under Task 2.2 and to findings and rehabilitation measures implemented under Task 2.3 in an "Inspection Report". The Report shall include exhibits, photographs/video, plans and sketches as required to document the physical inspection. The Report shall describe all significant corrosion found, structural deficiencies, general conditions inside the pipe, areas that were not accessible or not measurable, and other miscellaneous noted items from the inspection of other structures or facilities. Any rehabilitation measure implemented during the Condition Assessment Task 2.3 shall be included and clearly identified in this report. Consultant shall review the results of the inspection in the Condition Assessment Workshop prior to proceeding with the development of rehabilitation alternatives. Potential rehabilitation alternatives that may be developed by the Consultant as part of the PDR will be discussed. Consultant shall submit the Inspection Report to the Sanitation District for review in accordance with the project schedule requirements provided in Section III. Task 2.5—Preliminary Design Report(PDR) The Preliminary Design Report (PDR)shall consist of a series of technical memoranda that document the conceptual design of the proposed facilities and a separate package that includes all drawings associated with the PDR. Contents of the PDR are defined in Tasks 2.5.1 through 2.5.7. A preliminary list of PDR drawings is summarized in Task 2.5.8, Consultant may provide other drawings as deem necessary. 07-13-2011 J-110 — Design SOW Page 11 of 54 Return to Mende Report The technical memoranda shall be prepared and submitted to the Sanitation District for review as indicated in the Project Schedule or as they are completed and subsequently discussed in detail through a series of review meetings and workshops. The Sanitation District's intention is for Preliminary Design documents to be prepared as part of Phase 2—Preliminary Design, based on results of the field investigations. Written comments provided by the Sanitation District during the meetings and workshops shall be incorporated into the draft memoranda. When design memoranda are complete, they shall be combined to form a PDR that will be submitted to the Sanitation District for review. Sanitation District comments on the Draft PDR shall be incorporated into a Final PDR for submission to the Sanitation District. Documents that must accompany the PDR include the following: • Decision Log (using Excel with the following minimum number of headings: item number, date, item action description, decision, action by and related discipline). • Meeting and workshop notes. • Project Support Documentation including calculations, information research and other required materials and construction costs and backup data. Task 2.5.1 Technical Memorandum 1 (TM11—Architectural Building Design Consultant shall prepare three (3) alternatives of architectural renderings for the new Final Effluent Sampler Building to present the recommended architectural features for the building to the Sanitation District staff, and outside stakeholder including but not limited to the residents across the Santa Ana River and the Local Chapter of the California Coastal Commission (City of Huntington Beach). Also, the Consultant shall prepare preliminary layout drawings for the preferred alternative. The main purpose and theme of the architectural improvement is to blend the new building with the surroundings and to minimize visual impact to the public. Preliminary drawings shall present the floor plan distribution and identify connections to all utilities, location of new sample pumping equipment, and Instrumentation and Controls to be included with the pumping equipment and associated sampling equipment. The building shall be designed to all building codes including ADA requirements and security as directed by the Sanitation District's Safety Division Task 2.5.2 Technical Memorandum 2 (TM2)—Design Parameters Consultant shall prepare a Design Parameters Memorandum based on the findings from the data review and facilities inspection activities in this SOW. This document shall summarize the building criteria for the proper layout and 07-13-2011 J-110—Design SOW Page 12 of 54 information listed below for implementation of the rehabilitation measures for the pipelines and/or structures associated with the Short Outfall system, and for the replacement of the new Final Effluent Sampler Building. • Consultant shall complete the surveying of the project area for the design of the building layout, drainage and landscape improvements as indicated in Figure 3 (see Task 3.9.2). • Ventilation requirements during inspection and/or rehabilitation of the facilities in accordance with Cal OSHA, OCSD Safety Requirements, and Sanitation District's Hazardous Area Study. • Corrosion control requirements; Identify corrosive environments and recommend galvanic protection requirements, materials for piping (weld-over and lining/coating), and structural elements (see Engineering Design Guidelines, Chapter 02). Identify protective coating requirements for corrosive and non- corrosive areas. • Preliminary table of contents for detailed specifications. Task 2.5.3 Technical Memorandum 3 (TM3) -Alternatives Evaluation for the Rehabilitation of the Short Outfall Pipeline The preferred rehabilitation alternative(s)will constitute the most quality and cost effective measures to bring the pipeline, valves, gates and structures back to full functioning and reliable operation for the next 50 years. The different Project Element areas are likely to have different preferred alternative rehabilitation methods. These may include spot welding, steel plate welding, structural coating or lining, surface preparation, valve replacement, etc. The Consultant must take into account: durability, cost, and constructability. Consultant shall recommend methods to address and monitor corrosion deficiencies systematically in the future. Task 2.5.4 Technical Memorandum 4 (TM41 -Alternatives Evaluation for the Short Outfall Pipeline Flow Meter Installation The preferred alternative for this Project Element will constitute the most quality and cost effective measures to provide a flow meter facility for the Short Outfall pipeline. The Consultant shall develop three (3)viable options for implementing this requirement. The Consultant must take into account: instrument accuracy, operations, durability, cost, and constructability. Task 2.5.5 Technical Memorandum 5 (TM5) -Alternatives Evaluation for the Short Outfall Pipeline Sampling Stinger(s) Installation The preferred alternative for this Project Element will constitute the most quality and cost effective measures to provide a sampling stinger for the Short Outfall System. The Consultant shall develop three (3)viable options for implementing 07-13-2011 J-110 —Design SOW Page 13 of 54 Return to Aaenda Report this requirement. The Consultant must take into account: reliability of sampling procedures, operations, accuracy, durability, cost, and constructability. Task 2.5.6 Technical Memorandum 6 (TM6)—Construction Contingency Plan Consultant shall revise and modify the Contingency Plan prepared under Task 2.2.4 for the implementation of the approved rehabilitation measures that will be identified on this project. The revised Plan will have the same structure as the Plan prepared under Tasks 2.2.4 but will be focused to construction activities. Task 2.5.7 Technical Memorandum 7 (TM71 —Implementation Plan The Consultant shall prepare an Implementation Plan for the construction of the rehabilitation measures. This plan shall include but not be limited to the following: • Draft Construction Sequencing Plan which includes a detailed description of construction constraints and sequencing of the actual work. This information will be used to develop a CPM construction schedule during Phase 3— Final Design. • Constructability Issues. • Preliminary Construction Cost Estimate. A sample construction cost estimate format is provided in Exhibit 3 of this Scope of Work. • Preliminary Construction Schedule in Gantt Chart format using Primavera Project Planner(P3)for construction work. This will become the basis for the CPM schedule developed during Final Design. Consultant shall obtain contractor input in developing the schedule. • Consultant shall recommend methods to inspect the short outfall system to address and monitor corrosion deficiencies in the future. • At the end of this task, the consultant shall hold the Implementation Workshop to discuss all the findings and recommendation from Task 2.5.1 through 2.5.6. Task 2.5.8 Draft and Final PDR Consultant shall combine Technical Memoranda 1 through 7 to form a Draft PDR and submit it to the Sanitation District for review, in accordance with the project schedule provided in Section III. In addition, the Consultant shall provide under separate cover the following preliminary drawings for all project elements in 11" x 1 T'format in accordance with the requirements of the Engineering Design Guidelines, Appendix A, Section A.2 "Construction Drawings": - General plans - Civil Site Plans including details of the limits of work - Final Ef0uent Sampler Building layout and utilities 07-13-2011 J-110 —Design SOW Page 14 of 54 - Yard piping plans showing locations of work to be done during construction activities (i.e., weld-overs, pipe coating, etc.) - Mechanical plans - Structural plans - Electrical and Instrumentation Consultant shall provide in this submittal a list of specifications as described in Task 3.5 of this SOW. Consultant shall incorporate the Sanitation District comments on the Draft PDR into a Final PDR for submission to the Sanitation District, in accordance with the project schedule provided in Section III. The number of copies shall be in accordance with the list provided in Exhibit 4. Task 2.6—Utility Coordination Consultant shall perform a thorough search of all utilities impacted by the work for all applicable Project Elements of this Scope of Work, regardless of size and all other facilities above or below ground. Utilities include all in-plant, utility company- owned and public agency-owned piping, duct banks, and other interferences. The search shall include utilities within the public right-of-way, and those located on private property and the Sanitation District property impacted by the proposed project. The search shall include the records and plans of the Sanitation District and all public and private companies and utilities (see Task 3.9.4). Task 2.6.1 Sanitation District Records The Sanitation District's"As-built/Record" plans may be incomplete or inaccurate with respect to the routing of individual utilities, pipelines, etc. in the vicinity of the project. Consultant shall check the Sanitation District's records against those of the other agencies, companies and utilities. These may include, but not be limited to, oil, gas, fuel, water, and sewer pipelines; traffic control facilities, telephone and electrical conduit and duct banks, storm drains, manholes, and other structures. Task 2.6.2 On-Site Inspection An on-site inspection shall be made in the project area. During the on-site inspection, a senior-level Consultant representative shall walk the site accompanied by the Sanitation District's Project Engineer and Supervising Inspector. The Consultant representative shall be experienced in the location and identification of utilities in the field. During the on-site inspection the Consultant shall document all visible features that indicate utilities within the project area and compare them with the available utility plans. Task 2.6.3 Subsurface Utility Investigation Investigation of existing utilities shall be in accordance with the respective ASCE guidelines, except as amended by this Scope of Work. A brief description of the ASCE guidelines that define the Quality Level of detail for researching subsurface utilities is included below: 07-13-2011 J-110 —Design SOW Page 15 of 54 Return to Aaenda Report • Quality Level D: Information derived from existing records or oral recollections. • Quality Level C: Information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to Quality Level D information. • Quality Level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate position of subsurface utilities. Quality Level B data shall be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances and reduced onto plan documents. • Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed subsurface and surveyed utilities)and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on the plan documents. Accuracy is typically set to 15-mm vertical and to applicable horizontal survey and mapping accuracy. Refer to Cl/ASCE 38-02, Standard Guidelines for Collection and Depiction of Existing Subsurface Utility Data for details. Subsurface investigation for all utilities in and around the work area shall be performed to Quality Level A. All utilities shall be plotted both in plan and profile on a scaled drawing that can later be incorporated into scaled (1" =40') plan drawings. Consultant shall submit, for acceptance by the Sanitation District, recommendations on which utilities should be investigated to Quality Level A and where Quality Level B investigations should be performed. As part of the submittal, a potholing plan and geophysical investigation plan shall be developed including proposed pothole locations and type of geophysical investigation. Prior to the Sanitation District acceptance of the Potholing Plan/Geophysical Investigation Plan, a project field walk with Consultant Project Manager, Project 07-13-2011 J-110 — Design SOW Page 16 of 54 Engineer, Supervising Inspector and designated Sanitation District personnel shall be performed. Task 2.6.4 Potholes and Geophysical Investigation Consultant shall "pothole"and perform geophysical investigation on all utilities described and shown in the accepted Potholing Plan/Geophysical Investigation Plan. Consultant's staff shall be on-site during potholing to provide direction to potholing crew. The Sanitation District staff shall also be present during potholing. Consultant shall provide all work necessary, including, but not limited to: • Documentation of information, • Notification of USA's "Dig Alert" • Providing field survey • Obtaining required permits • Submission of traffic control plans • Setting up traffic control • Soft dig potholing • Excavating • Backfilling • Repairing pavement to local jurisdiction requirements. "Soft" excavation potholing methods such as vacuum extraction are preferred; however, excavation methods shall be chosen to adequately define the utility. Crosscut trenches may be preferred for defining some utility locations. Hydro- jetting soft dig should be avoided in sandy, wet or contaminated soil conditions. Potholing subcontractor shall measure and document the depth of pavement and of base material at each pothole, and every five feet along crosscut trenches. Consultant shall provide a licensed land surveyor or hire a licensed survey subcontractor(s)to field locate the actual horizontal and vertical location of the constructed potholes. Survey controls shall be set and coordinated with the survey controls used on previous construction drawings. City and County control points shall be checked; northing, easting and elevation data for each pothole shall be shown on the Contract Drawings; and physical tie-ins provided in order to easily re-establish pothole locations after construction. Consultant shall supply and supervise survey work and subcontractors needed to perform the pothole work. Survey datum differences shall also be reconciled. Consultant shall backfill and repair potholes consistent with the requirements of the local jurisdiction. If Consultant is unable to determine local jurisdiction 07-13-2011 J-110 — Design SOW Page 17 of 54 Return to Mende Report requirements prior to the proposal, Consultant shall assume the following requirements: • The materials removed from the excavation may not be used for backfill, unless approved by the local jurisdiction. If approved, excavated material used to fill potholes shall be placed with a maximum lift thickness of four inches and mechanically compacted. • If not approved, the Consultant shall be responsible for hauling off and disposing of excavated pothole material. In this case excavation holes shall be filled with a cement slurry mix from the bottom up. Excavated materials shall be tested for hazardous materials and disposed of offsite accordingly. Testing shall be the minimum required for classifying the materials. Minimum laboratory testing shall include an on-site Organic Vapor Analyzer (OVA)test for potential hydrocarbon contaminants. Minimum testing shall include Benzene, Toluene, Ethyl Benzene and Xylene (BTEX)test per EPA guideline 8020 and Total Hydrocarbons (TPH)tests per EPA guideline should the OVA reading be equal to or greater than 45 ppm. • AC pavement shall be replaced to full depth or the structural section (AC & Base) plus two inches with hot mix asphalt unless otherwise required by the City. Cold mix shall only be allowed when the patch will be replaced by the project and where approved by the City. • Concrete pavement shall be replaced to full depth plus two inches with Portland cement unless otherwise required by the City. • Consultant's fee proposal shall include a cost for potholes and unit cost for additional potholes. The cost shall provide for a minimum of ten (10) potholes during preliminary design and ten (10) potholes during final design. • Consultant's fee proposal shall include a cost for geophysical investigation. The cost shall provide for a minimum of 800 square feet during preliminary design. Task 2.6.5 Depiction of Utilities and Potholes on Plans All utilities encountered during the preliminary design shall be shown on the Plans. Project work that requires other agencies to relocate existing utilities shall be coordinated during the design by Consultant. Each subsurface utility shown on the drawings shall include the Quality Level to which it was investigated as required by CUASCE 38-02. Pothole locations shall be shown on drawings with survey information. Task 2.7—Environmental Documentation 07-13-2011 J-110 — Design SOW Page 18 of 54 Consultant shall assemble necessary project documents for submittal to the Sanitation District in support of the California Coastal Commission Development Permit, Huntington Beach Chapter. The Sanitation District staff will work with Consultant to determine the nature of the documentation that needs to be prepared and when it must be submitted. Consultant shall consider in addition to preparation of support documents in preparing their cost proposal: attend three (3) Sanitation District meetings to discuss the permitting documentation and two (2) public meeting(s)to assist the Sanitation District in presenting the Project to the community. Public meetings may occur after normal business hours. Task 2.8—Risk Management Plan Consultant shall participate in the development of a Risk Management Plan. This participation shall include attendance at the Sanitation District meetings in order to identify and mitigate potential risk to the project. Meetings shall be conducted within one (1) month after"Notice to Proceed", two (2)weeks after the PDR is approved, and two (2)weeks after each Design Submittal (including the Final Design submittal). Meetings are typically 2 hours in length. Task 2.9—Risk Analysis Report Consultant shall prepare a Risk Analysis Report for the construction of the new Final Ef0uent Sampler Building and the rehabilitation of the short Ocean Outfall pipeline and/or other associated facilities. The Risk Analysis shall evaluate the benefits of the new facility versus the risks of construction, operation and maintenance. This shall also include regulatory risks. The analysis shall determine if design should continue as is or change to alleviate some or all of the perceived risks. GENERAL DESIGN SERVICES General Design Services includes tasks that will be performed by the Consultant throughout the project. These tasks are included in a separate section of the Scope of Work to facilitate tracking of labor-hours and fees by both the Consultant and the Sanitation District. These services include: project management, workshops and meetings, quality control, management of Subconsultants, and coordination with other projects. Consultant shall include fees for General Design Services related to Phase 2— Preliminary Design under this section of the proposal. Task 2.10— Project Management Task 2.10.1 General Management 07-13-2011 J-110 — Design SOW Page 19 of 54 Return to Mende Report Consultant shall be responsible for detailed management of the project including the Subconsultants and shall keep the Sanitation District appraised of the status of the project. Consultant shall provide the key management personnel as described in their proposal on this project. Consultant shall not reassign the key project personnel without prior approval of the Sanitation District per the requirements of the Professional Services Agreement. The Sanitation District may request reassignment of any of the Consultant's personnel, based on that individual's poor performance. Consultant shall conduct monthly project meetings with the Sanitation District's Project Manager. These meetings shall be attended by the Sanitation District's Project Manager and Consultant's Project Manager at a mutually agreeable time, generally around the first week of the month. The purpose of the meetings shall be to review the Consultant Project Manager's report and the status of the project scope, schedule, budget and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted at each meeting. Other meetings shall be scheduled on an as needed basis. A description of the Consultant's deliverables follows. Task 2.10.2 Work Breakdown Structure IWBS) The Consultant shall submit the project Work Breakdown Structure (WBS)for the Sanitation District approval within one (1) month after the kick-off meeting. The WBS shall include a matrix indicating the budget amounts and labor-hours for each task. For purposes of the proposal, the WBS shall match the tasks described in this Scope of Work. If the Consultant recommends additional tasks to the Scope of Work, they shall be inserted in the appropriate location in the Scope of Work upon approval by the Sanitation District. At the beginning of the project, the Sanitation District's Project Manager may require further division of tasks (i.e., down to the fourth level) in order to limit the total billing per task. This will be discussed with the Consultant and adjustments made to the WBS. The approved WBS shall form the basis for reporting the status of each Scope of Work task in the monthly Project Progress Report and the Project Invoices. Task 2.10.3 Proaress Report Regardless of when the monthly Project Manager's meetings occur, Consultant shall submit a monthly progress report no later than the first Wednesday of the following month, and shall include the following: • Work completed to date • Work schedule for the upcoming month • Outstanding project issues 07-13-2011 J-110 — Design SOW Page 20 of 54 • Issues impacting project schedule or construction cost, and actual cost impacts • Potential changes in project scope of work • Status of the project budget • Status of the project schedule. Provide updated project schedule hardcopy and as a Primavera Project Planner(P3)file on CD-ROM, see Task 2.10.5 for other requirements Consultant shall submit a sample progress report prior to the first report due date to obtain concurrence on format and content. Task 2.10.4 Protect Invoices Consultant shall prepare and submit monthly invoices to the Sanitation District no later than the first Wednesday of the following month. The invoices shall document the labor-hours and billing rate for each person that works on the project for each task in the WBS. Overhead, profit and any direct costs shall also be shown for each task. As part of the summary section of the invoice, Consultant shall also include the following information: • Budget • Current billing period invoicing • Previous billing period "total invoiced to date" • Budget Amount Remaining • Current billing period "total percent invoice to date" • Current billing period "total percent completed to date" The cost component breakdown for each element above shall match that of the PSA. The monthly progress report and project schedule shall be submitted with the project invoice as part of the monthly request for payment. Consultant shall also provide percent budget spent for each of the Sanitation District's WBS cost codes (i.e. by work package and phase). The Sanitation District shall provide a list of cost codes by phase to the Consultant. The Sanitation District will provide a sample invoice structure to Consultant at the beginning of the project. Task 2.10.5 Proiect Progress Schedule The Consultant shall prepare a cost loaded project schedule in significant detail to calculate a monthly earned value of work performed. The selection of tasks and task durations shall be approved by the Sanitation District. The Consultant shall develop planned, actual and earned value curves for the Project and include them with the updated schedule along with the CPI and SPI. Prior to invoice submittal, the Consultant and the Project Team will evaluate the percent complete for each activity worked on during the billing period. The percent complete shall be shown in the updated schedule. The earned value will be compared to the planned value and the actual invoice value for the month and discussed in the progress report. The Consultant will need to justify any 07-13-2011 J-110—Design SOW Page 21 of 54 Return to Aaentle Report requests for monies over the planned value and explain how the overall budget will be met over the life of the project. Task 2.11 —Workshops and Focused Meetings Consultant shall hold meetings and workshops throughout the project to keep the Sanitation District appraised of the project, review work-in-progress, share information, discuss project submittals, present findings of technical analyses, receive and resolve comments, and obtain decisions and direction by the Sanitation District staff. This task defines the major meetings and workshops to be held by the Consultant in accordance with the requirements of the Sanitation District's Engineering Design Guidelines. Consultant shall also hold additional meetings as required to keep the Sanitation District appraised of the Project, to review work-in- progress, and to receive and resolve comments. Consultant shall prepare and submit an agenda to the Sanitation District by e-mail for review at least one (1)week prior to each meeting or workshop. The agenda package shall include a copy of the formal agenda and applicable review materials such as draft design criteria, design memoranda, associated drawings and specifications, to support meeting or workshop goals. Consultant shall prepare minutes for each workshop or meeting and submit them to the Sanitation District's Project Manager for approval within three (3) business days following the meeting or workshop. The Sanitation District review period is set at three (3)weeks for each major submittal. Consultant shall not continue to work on the project during the review period of major milestone submittals unless directed by the Sanitation District Project Manager. At the end of the review period, Consultant shall meet with the Sanitation District staff to receive and review the Sanitation District comments. Consultant shall prepare minutes from all workshops and meetings concerning the Project. Consultant shall submit the minutes to the Sanitation District's Project Manager for approval within three (3) business days following the meeting or workshop. Agenda and minutes will be prepared in a format approved by the Sanitation District. Consultant shall submit sample agenda and meeting minutes at the beginning of the project to obtain concurrence on format and content. Informal meetings such as office meetings shall be recorded as follows: • Consultant shall notify the Project Manager/ Project Engineer prior to the meeting • Consultant shall prepare minutes for the meeting • The minutes shall be submitted to the Project Manager/Project Engineer and the Project Team • After review and modification, the minutes will be filed as a formal record of the meeting • Meetings that do not follow this procedures will not be recognized as having occurred 07-13-2011 J-110 — Design SOW Page 22 of 54 Consultant shall prepare for all telephone and teleconferencing meetings in the same manner as outlined above. A copy of all comments on project issues obtained by the Consultant from the Sanitation District staff without the direct Sanitation District Engineering Project Manager's involvement shall be submitted for the Project Manager's approval within three (3) business days of receipt. Upon receipt of the Sanitation District comments on each project submittal and each set of meeting or workshop materials, the Consultant shall address the comments and submit a legible set of all Sanitation District comments together with Consultant's detailed responses, each written next to the respective Sanitation District comment. The Sanitation District will provide a template for submission of these comments. A hard copy of the responses shall be submitted no later than 15 days after receipt of the Sanitation District comments and at least 15 days prior to the next submittal date. Consultant shall keep an ongoing record of decisions made on the project in a "Decision Log" and shall submit a copy of the updated Decision Log with each monthly Progress Report. The Decision Log format shall be provided by the Sanitation District. Submittals that contain gross deficiencies or errors requiring a significant amount of the Sanitation District staff time for checking shall be returned without review until the Sanitation District is satisfied that a thorough Consultant's review, checking and correction for coherence, consistency, spelling, etc. has been performed. Task 2.11.1 Workshops A total of two (2)Workshops shall be held during Preliminary Design to review project progress. See Section III - Project Schedule. The subjects to be covered in each workshop are discussed below. Task 2.11.1.1 Condition Assessment Workshop This Workshop 1 shall be held to review the findings of Task 2.1 through 2.4 in detail with the Sanitation District staff. Consultant shall submit the report of Task 2.4 to the Sanitation District one (1)week prior to the Workshop. The workshop shall be held to discuss: • Methodology used for the assessment of the Ouffall System and all the related Facilities and out of service equipment or equipment shutdowns required to complete the work • Methodology for conducting corrosion assessment including personnel and equipment requirements • Inspection methodology • Confined space requirements • Time required to take GOBS in and out of service as well and time necessary to perform the inspection 07-13-2011 J-110 — Design SOW Page 23 of 54 Return to Mende Report • Methodology for evaluating potential structural rehabilitation to a portion of the outfall or structures • OOBS Shutdown Plan, and a Contingency Plan This Workshop shall also include the review of the results of the inspection and discuss design criteria, alternatives for addressing corrosion issues in the short outfall system and associated facilities. Constructability issues shall also be discussed to identify any fatal flaws in the design of the facility rehabilitation. Based on the results of the workshop, Consultant shall prepare preliminary plans and specifications and develop an Implementation Plan. The workshop shall be four(4) hours in length. Task 2.11.1.2 PDR Design Gate Workshop This Workshop shall be held to review data, findings, and recommendations during preparation of Task 2.5 through 2.9. Consultant shall submit the PDR in accordance with the project schedule provided in Section III. A constructability session shall be covered in this workshop to identify any fatal flaws in the design relative to constructability. Some of the subjects that shall be covered in this workshop include the following: conflicts between design disciplines, geotechnical considerations, construction sequencing, power outages, equipment shutdowns, viability of equipment relocation, safety, operational requirements, access for maintenance, size- critical equipment requirements and constraints, permitting, public nuisance issues, other local conditions and constraints. Consultant shall be responsible for completing the following tasks relative to the workshop: • Prepare package for constructability review workshop participants. The package shall consist of detailed plans and specifications and other information selected by Consultant • Prepare presentation on the project • Summarize the constructability review workshop comments and action taken on each comment in a memorandum. • All comments and recommendations of the workshop shall be incorporated into the Draft Preliminary Design Report (PDR) prior to submittal. The Consultant staff required at this workshop shall include: • Project Manager • Project Engineer • Electrical and I&C Engineer • Lead Structural Engineer • Lead Architect 07-13-2011 J-110 — Design SOW Page 24 of 54 The primary focus shall be to review the Consultant's quality control by reviewing the technical memoranda and the project drawings. The Consultant shall also present its QA/OC documentation. The workshop shall include a site visit. This workshop shall be one (1) day in length and be held at the Sanitation District. Task 2.11.2 Focused Meetings Task 2.11.2.1 Kickoff Meetina A four(4) hour project kick-off meeting shall be held with the Sanitation District staff to introduce principal members of the Sanitation District and Consultant's teams. The discussion topics shall include: Sanitation District responsibilities, Consultant's responsibilities, invoice procedures, personnel badges, parking, site access, Consultant's Scope of Work, detailed project schedule with milestones, Work Breakdown Structure requirements, and the Sanitation District confined space and other safety policy training. Consultant shall also establish contact with the Sanitation District Project Team participating in this project. Consultant shall work in partnership with the Project Team which shall provide the information and input the Consultant shall use to perform the engineering services per the Scope of Work. Task 2.11.2.2 Focused Meetings Focused meetings shall be held throughout preliminary design to discuss specific issues in detail and generate comments and direction from the Sanitation District staff. The following tentative list of topics may be covered in these meetings: • Previous inspection reports • Inspection Plan • Alternatives development • Inspection results • Specifications • OOBS Shutdown Plan • Contingency Plan Inspection schedule • Site visit • Confined space and other safety requirements • Hazardous Area classification as applicable (with the Sanitation District Authority Having Jurisdiction representative participating) • Coordination with other projects • Additional meetings as necessary • Effluent Sampler Building requirement 07-13-2011 J-110 — Design SOW Page 25 of 54 Return to Mende Report Consultant shall determine how many meetings will be needed to cover these topics. Consultant may suggest additional topics as necessary. Supplementary meetings may be scheduled with the Sanitation District staff, as necessary to allow coordination between the Consultant and the Sanitation District staff. Task 2.12—Quality Control Task 2.12.1 Quality Control Plan The Consultant shall develop a Quality Assurance/Quality Control (QA/QC) Plan for implementation of the Scope of Work. The Consultant's QA/QC Plan shall be reviewed and approved by the Sanitation District Project Manager and shall include or reference all the controls necessary for implementation. On a periodic basis, the Sanitation District may conduct an audit of the Consultant's work to ensure conformance with the QA/QC Plan. The Sanitation District shall notify the Consultant when these audits will occur. For this project an audit may be done before the PDR submittal. Consultant shall respond to any Sanitation District comments made during the audit within two (2)weeks. If comments are extensive, the Sanitation District shall schedule a follow-up audit approximately 60 days after the comments are received. A detailed description of the Plan requirements is included in the Engineering Design Guidelines, Chapter 01, Design Guidelines—General Requirements, Section 01.7"Design Quality Control System "and as revised in Section V of this Scope of Work, "Project-Specific Deviations from the Sanitation District Design Guidelines". Major elements of the QA/QC Plan include the following: • Consultant shall be responsible for the technical adequacy and quality control of his work. • Consultant controls shall assure that planning and design inputs are correctly translated into planning and design documents such as drawings, procedures, specifications, reports and calculations. • Consultant shall be responsible for the physical control, security and distribution of controlled documents required for performance of the Scope of Work. • Consultant planning and design activities will be controlled through the review workshop process, including discipline checks, inter-discipline cross-checks and multidiscipline review workshops by an Independent Project Review Team. • Consultant shall perform discipline check and review all drawings, specifications, studies, reports, calculations and any other deliverable required by the Scope of Work. These requirements must be implemented by those Project Team members responsible for the specific planning or design activity. Documentary evidence of such checking shall be provided to the Sanitation District with each project submittal. 07-13-2011 J-110 — Design SOW Page 26 of 54 • Consultant shall identify a Project Review Team consisting of qualified individuals not directly involved in the design or supervision of the work. This Team shall conduct a multi-discipline design review(check and inter-discipline cross-check) before submittals to provide coordination and avoid conflicts. Documentary evidence shall include a copy set of all in-house review comments with design engineer's detailed responses, each written next to the respective checker's comment with the submittal. No formal document format, document organization or"professional look"for the copy set is required (e.g., hand-written checker's comments and engineer's responses shall be acceptable). The Team shall also perform a final review of all contract documents. • All submittals shall be accompanied by a transmittal letter signed by Consultant's principal-in-charge or Project Manager, if appropriate, indicating that the submitted documents have been checked, and identifying the reviewer's name. Signatures of the respective checkers shall be included where appropriate. All submittals shall be checked with a goal of insuring accuracy and consistency. The number of copies shall be as required by Exhibit 4. • Changes to contracted services shall be documented by formal change orders and contract amendments. • Acceptance of Consultant professional services shall be based on the result of audits conducted on the elements of the approved QA/QC Plan and the incorporation or resolution of comments resulting from these audits. The Sanitation District may also make periodic visits to the Consultant's offices to review the progress of the technical work. These visits may include talking to Consultant's personnel, reviewing drawings (both hardcopy and electronic), discussing QA/QC techniques that will employed by the Sanitation District in reviewing I/C drawings and assisting Consultant's staff with understanding I/C requirements for such project elements as P&ID's and loop diagrams. Task 2.12.2 Documentation of Level of Effort for QA/QC Consultant shall include labor-hours for all QA/QC activities related to Preliminary Design in this task including the development of the QA/QC Plan and review of contract documents either by the Consultant or by the Consultant in conjunction with the Sanitation District staff in meetings and workshops. These labor-hours and associated costs will be tracked separately in the Consultants' invoice as determined at the beginning of the project. The level of effort will be reviewed with Sanitation District staff prior to award of the Professional Design Services Agreement (PDSA). Task 2.13—Management of Subconsultants If Consultant requires the services of any Subconsultants during Phase 2— Preliminary Design, then the Consultant shall include a list of them in the technical proposal, explain why they are needed, and provide a general Scope of Work in an Appendix to the technical proposal as a basis for their fee. Subconsultant fees shall be included in the 07-13-2011 J-110—Design SOW Page 27 of 54 Return to Mende Report Consultant's Fee Proposal only; the technical proposal shall not contain any cost associated to the consultant services. Consultant shall manage the activities of Subconsultants in accordance with their Scope of Work(see Section 3.9). Task 2.14—Coordination with other Projects The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. Consultant must coordinate the project with the following completed or on-going Sanitation District projects: • P2-66 Headwork's Improvements at Plant No. 2 • P2-90 Tricking Filters at Plant No. 2 • J-114 COBS Rehabilitation (Electrical) • Sanitation District inspection of the GOBS pump volutes • J-112 Outfall Land Section and OBSS Piping Rehabilitation • J-117 Ocean Outfall Booster Station Rehabilitation (Mechanical) • J-119 Outfall Beach Box Rehabilitation Evaluation • FR11 —003 Ocean Outfall Beach Junction Box Repair • FR11 -500 Consultant shall verify with the Sanitation District staff for other projects related to this SOW. PHASE 3 - FINAL DESIGN Final Design includes two main elements: final design services and general design services. Consultant shall develop labor-hour and cost estimates for the tasks in each of these elements and include them in the Cost Proposal. The labor-hour and cost estimates shall be part of the Work Breakdown Structure submittal at the beginning of the Project, the Sanitation District may also require a further breakdown of costs based on the size of the project and request that they be included in the monthly invoice. This will be discussed in the kick-off meeting. The goal of this additional breakdown is to allow the Consultant and the Sanitation District to keep better track of project progress vs. budget spent(Earned Value Management). The Sanitation District may elect to prepare two (2)separate bidding packages to implement the project, one for the new Final Effluent Sampler Building and the other for the rehabilitation of the Short Ocean Ouffall pipeline and the associated facilities. Therefore, the Consultant shall provide engineering services to prepare two (2) separate packages of biddable plans, technical specifications and other contract documents as required and shall include labor-hours and fees for preparation of these two packages. The Final Design will be documented in one submittal package. This package shall be submitted to the Sanitation District for review in accordance with the schedule outlined in Section III of this Scope of Work. Formal workshops shall be conducted to review the package with the Sanitation District. Focused meetings shall also be held throughout the Final Design to solicit input from the Sanitation District staff. Consultant shall refer to General Design Services, Task 3.7 Workshops and Focused Meetings for additional requirements. 07-13-2011 J-110—Design SOW Page 28 of 54 Consultant is not expected to continue work on the project while the Sanitation District staff reviews DS2 and DS3 submittals unless directed by the Sanitation District Project Manager. Consultant shall maintain an up-to-date comments log in electronic format on all Sanitation District's comments received as a result of the submittal review. The Sanitation District comments shall be incorporated into the final design, as appropriate. FINAL DESIGN SERVICES Task 3.1 — Design Submittal 1 (DS1) Not Required for this Project. Task 3.2— Design Submittal 2 (DS2) For this submittal, the major design elements are well-established and supplementary/auxiliary design elements are in progress between PDR and DS2. Drawings for all disciplines shall be complete or nearly complete relative to basic design elements. Auxiliary equipment, details, and schedules may still be missing. The submittal shall include the location and arrangement of all significant existing and proposed structures and equipment, all existing utilities adjacent to or within the construction area, drawing index, legend, etc. Specifications are substantially complete. Task 3.2.1 — Design Information • Written response log to the Sanitation District comments on the PDR. • Final survey notes report for the location of the Sampler Building and for drainage and landscape improvements. • Sampler Building Floor Plan and elevations, connection to all utilities, etc. • Plan and section for the sample pumping equipment. • List of proposed suppliers for major equipment including samplers, AC units, pumps, piping, etc. • Project Support Documentation consisting of calculations, phone/fax quotes, catalog cuts, design memoranda, and meeting notes. • Proposed recommendations for the rehabilitation of the Short Outfall Pipeline and associated facilities. Task 3.2.2—Electrical • Single-line Diagrams. • Conduit and Cable Schedule format and type of information (see Engineering Design Guidelines, Appendix A, Section A.3.16 "Conduit and Cable Schedule' for requirements). 07-13-2011 J-110 — Design SOW Page 29 of 54 Return to Mende Report • Calculations including load, lighting, etc. • Elementary Diagrams. • Panel (1-phase and 3-phase)and lighting fixture schedules. • Preliminary Electrical Site Plan, Power Plan for all equipment, Lighting Plan, Grounding plan, Electrical Equipment Elevations. • Electrical demolition plans. • Plans that show electrical, electronic, alarm and telephone conduit and cables that pass through an existing area to be demolished but serve facilities which remain in service after the project is completed. Task 3.2.3—Instrumentation and Controls • Equipment and Instrument Database (EID). The Sanitation District will provide a truncated copy of the EID database for Consultant to begin populating (fill out the design portion). The instrumentation worksheet in the database shall identify all new equipment and instruments and all existing equipment and instruments to be deleted and/or modified under this project. The other worksheets of the EID database shall be in progress. Consultant shall submit the EID database for the project with information that is typically included in equipment data sheets (see Engineering Design Guidelines, Appendix A, Section A.3.12 "Equipment and Instrument Database (EID)" for requirements). • SAT Database in progress. Modify copy of the database provided by the Sanitation District to reflect the new equipment and demolition of existing facilities (see Engineering Design Guidelines, Appendix A, Section A.3.14 " SCADA Administration Tool (SAT)"for requirements). • Final Process and Instrumentation Diagrams (P&ID). P&IDs are to act as a "master document" in that the P&ID is assumed to be correct and all other documents are synchronized to them. Existing P&IDs related to the Ocean Outfall and Final Effluent Sampler Building shall be redrawn and modified to reflect upgrades in AUTOCAD format • Final process control strategies for all equipment to match the P&IDs (see Engineering Design Guidelines, Appendix A, Section A.3.6"Process Control Strategies"for requirements). • Preliminary control panel layouts and plan views and locations of the RIO/PLC, sample layouts will be provided by the Sanitation District. • Final Network Block diagrams (see Engineering Design Guidelines, Appendix A, Section A.2.21 "Network Block Diagram"for requirements). • Instrument details. 07-13-2011 J-110—Design SOW Page 30 of 54 Task 3.2.4—Construction Cost Estimate and Schedule • Updated construction cost estimate update (see Exhibit 3) • Updated construction sequencing plan • Updated construction schedule in Primavera Project Planner(P3) based on an updated construction sequencing plan and quantify take-offs from the contract documents. At the PDR stage, the schedule may be general in nature. As the design progresses, more information shall be included in the schedule. Consultant shall engage the services of a least one construction individual to review the quantity takeoffs from Consultant staff and use this information to assist in the development of the detailed construction schedule. Consultant may use their own staff if they are qualified or hire a ubconsultant to assist in this activity. The goal is to develop a realistic schedule based on project information not a "rule of thumb". Task 3.2.5- Plans • General Drawings • Civil and Yard Drawings • Demolition Drawings • Yard Piping Plans and Profiles • Architectural Elevations • Preliminary Landscaping Plans • Structural Plans and Sections • Mechanical Plans and Sections for Sample pumping equipment • Air condition/ventilation system • Preliminary Electrical Site and Power Plans including control panels in plan views. • Preliminary Electrical Control Room Plan • Preliminary Electrical Equipment Elevation Drawings • Preliminary Electrical Lighting Plans • Single-line diagrams with additional information to match the P&IDs • Short ouffall system and associated facilities rehabilitation drawings • Project Specification in accordance with Task 3.5 Consultant shall evaluate the impact of other"adjacent" on-going projects, bring conflicts to the Sanitation District's attention, and adjust the design accordingly (see General Final Design Services, Task 3.11 -Coordination with Other Projects). Consultant shall submit DS2 in accordance with the project schedule provided in Section III. The number of copies shall be in accordance with Exhibit 4. At this point in the design the Consultant shall meet with the Commissioning Team (composed of the Sanitation District and Consultant staff)to address construction issues and identify the appropriate construction sequencing and commissioning strategy to be included in the specifications. Consultant shall prepare a detailed CPM schedule which reflects the recommendations of the Commissioning Team. 07-13-2011 J-110 — Design SOW Page 31 of 54 Return to Mende Report Task 3.3— Design Submittal 3 (DS3) This submittal shall include all finished, checked and complete plans and specifications. No new drawings and/or specification sections by Consultant shall be expected after this stage. All Sanitation District comments on the previous submittal shall have been resolved, rejected, addressed and/or incorporated in this submittal. The project is essentially finished and submitted as 100% complete. The only missing effort is the Sanitation District final review and comment incorporation by the Consultant. Consultant's checking shall include a review of all deliverables within each discipline (i.e. drawings, detailed specifications, project support documentation, etc.)and an in- house Integrated Multidiscipline Design Quality Review of all deliverables to ensure that every document is consistent with all other documents containing the same equipment. Consultant shall incorporate corrections into the project deliverables prior to DS3. A copy of the in-house Integrated Multidiscipline Design Quality Review comments with Consultant's detailed responses, written next to each respective checker's comments on the checked Contract Documents, shall be made and submitted to the Sanitation District along with DS3. A typical I/C cross-check shall compare the Process and Instrumentation Diagrams (P&IDs), Singe-Line Diagrams (SLDs), Elementary diagrams, SAT (1/0 information), communications schematic, communications plan, control strategy, plans, schedules, and specifications so that each instance of a loop tag number will be consistent between documents. The Electrical System Analysis Report and other discipline calculations and databases, construction cost estimates, schedules, and other project support documentation shall reflect the status of the Drawings and Detailed Specifications and shall support the DS3 Design Gate workshops. Design Submittal 3 shall include the following: • Written response log to Sanitation District comments received on the DS2 submittal • Final plans and sections for all disciplines including: general, civil, yard piping, structural, electrical, P&IDs, instrumentation, lighting, mechanical, demolition, and interim plans. • Final Detailed project specifications except for front-end specifications (bid documents, General Conditions and General Requirements)which will be prepared by the Sanitation District. See Task 3.5 for specification preparation requirements. • Final detailed CPM Construction Schedule using Project Planner(P3). Contractor input is required in the development of the schedule. • Final Project Cost Estimate (see Exhibit 3) • Project Support Documentation consisting of calculations, phone/fax quotes, catalog cuts, design memoranda, and meeting notes (see Appendix A, Design Guidelines Sections A.3.19"Project Support Documentation" for requirements). 07-13-2011 J-110 — Design SOW Page 32 of 54 • Incorporation of environmental mitigation measures on any relevant drawings and/or specifications. • Final project databases (SAT and EID). Refer to the Engineering Design Guidelines, Sections 01.4, 01.7, 10.2, 10.14, 11.3, and 11.4; and applicable sections of Appendix A for additional design requirements. Consultant shall submit DS3 in accordance with the project schedule provided in Section III. The number of copies shall be in accordance with Exhibit 4. The DS3 submittal shall be reviewed by the Sanitation District's Safety Department in accordance with the Sanitation District's safety policies. Task 3.4— Final Design Submittal (FDS) Following receipt of all Sanitation District review comments on DS3 including any comments from the Safety Department, Consultant shall prepare and submit the Final Design (FDS). The Final Submittal shall also include all Final plans and specifications, reports, construction schedules, cost estimates and project documentation. Specification requirements are described in Task 3.5. The FDS shall include finished, checked and complete plans and specifications and shall incorporate all Sanitation District comments from previous submittals, workshops and constructability review as appropriate. Prior to submittal of the FDS, Consultant shall have performed an inter-discipline cross-check of the design changes made since DS3 and corrected the related discrepancies. Consultant shall not add any new drawings or make any changes to the plans or specifications that are not a result of comments received by the Sanitation District or a final in-house quality control check. Consultant shall document in-house changes and submit them to the Sanitation District along with the FDS. Final submittal deliverables shall be in accordance with the project schedule provided in Section III. The number of copies shall be in accordance with Exhibit 4, and consist of camera ready documents and digital documents, suitable for final reproduction by the Sanitation District. In addition, the FDS shall include remaining project support document on paper form consisting of calculations, phone/fax quotes, catalog cuts, design period memoranda, and meeting notes. All plans, detailed specifications and engineering calculations shall be stamped and signed by a Registered Engineer in the State of California. Refer to the Engineering Design Guidelines, Sections 01.4, 01.7, 10.2, 10.14, 11.3, and 11.4; and applicable sections of Appendix A for additional design requirements. 07-13-2011 J-110 — Design SOW Page 33 of 54 Return to Mende Report Task 3.5 — Specifications Task 3.5.1 General Requirements and Additional General Requirements Consultant shall be responsible for the General Requirements (GRs)and Additional GRs Specifications. The Consultant shall not make any revisions to the Sanitation District's standard GRs. The Consultant shall review the Sanitation District's standard GRs and propose additions via Additional GRs Specifications. Minor changes to, or deletions of the Sanitation District's standard GRs shall also be proposed by the Consultant where absolutely required to tailor them for the specific project. These proposed revisions to the Sanitation District's GRs will be made by the Sanitation District personnel upon approval by the Engineering and Construction Manager. Specific requirements in the Sanitation District's GRs shall not be duplicated in the Additional GRs Specifications. Only additions to specific requirements or project specific requirements not addressed in the Sanitation District's standard GRs shall be included in Additional GRs Specifications. The following Sanitation District's template Additional GRs Specifications shall be reviewed by Consultant, and changes proposed for specific project requirements: • Construction Progress Scheduling • Training • Operation and Maintenance Manuals • Commissioning • Other as deemed necessary for project Additional GRs Specifications shall be developed by the Consultant for specific project requirements and the numbering convention shall be per the Design Guidelines. The following are the minimum Additional GRs topics required for this project: • Summary of the Work • Work Restrictions • Sequence of the Work • Measurement and Payment • Temporary Facilities • Site Access • Mobilization/Demobilization • Equipment Shipping, Storage, Handling and Preventative Maintenance Task 3.5.2 Contract Agreement, General Conditions and Special Provisions Consultant shall review the Sanitation District's standard Contract Agreement, General Conditions, and Special Provisions, and shall develop the schedule of prices, general contractor warranty requirements, project milestones, and liquidated damage requirements. 07-13-2011 J-110 — Design SOW Page 34 of 54 Consultant shall identify any proposed changes or additions to the Sanitation District's standard warranty requirements. Any proposed changes or additional warranties will be allowed only upon review and approval of the Sanitation District. Task 3.5.3 Technical Specifications Consultant shall be responsible for contents of all technical specifications, including edited Sanitation District's standard technical specifications. The Sanitation District's standard technical specifications shall be reviewed in detail, and changes, deletions and additions required by the project shall be proposed by Consultant. Consultant shall be responsible for developing specifications required by the project that are not found in the Sanitation District's standard specifications. Where manufacturers are named in specifications, all named manufacturers shall be capable of meeting all the requirements of the specification. A minimum of two manufacturers and "or equal" is required for all equipment unless a sole source has been approved. Consultant shall add manufacturers to the Sanitation District's standard specifications as required to meet this requirement. Task 3.5.4 Specification Deliverables Specification Preparation Process As part of the PDR, Consultant shall prepare a detailed list of all specifications to be used on the project including Additional GRs. After PDR approval, Consultant shall meet with the Sanitation District to review the list of proposed specifications and determine which Consultant and Sanitation District specifications shall be used for the project. The Sanitation District will then provide the Consultant with the applicable latest Master Specifications via the Sanitation District's FTP server. DS2 The Consultant shall develop draft specifications for all sections required for the project including the Additional GRs Specifications. All edits shall be made for the specific project requirements. Equipment that is not required for the project, shall be removed from the specifications, or highlighted for later removal. Where portions of specifications cannot be completed during DS2, blanks or placeholders shall be included in submittal. If requirements from other projects are submitted in a specification section, or, if the specification section is not edited for the project, the specification section will be rejected. MS-Word "Track Changes"tool shall be utilized for all edited Sanitation District Master specifications. The "Track Changes" shall continue for the duration of the project with no "Accept Changes"allowed. The Consultant shall submit a percentage, as requested by the Sanitation District's Project Manager, of the specification packages required with Track Changes shown. For Consultant- developed specifications, "Track Changes" shall be used after PDR and for the duration of the project. 07-13-2011 J-110 — Design SOW Page 35 of 54 Return to Mende Report DS3 The Consultant shall develop final specification incorporating DS2 comments for all sections required for the project, including Additional GRs Specifications. The Consultant shall submit support documentation for all specifications. Specifications with named manufacturers shall include support documentation from each named supplier, including those with sole source justifications. Where manufacturers are called out on drawings, the same support documentation shall be required. The support documentation shall include the following: • Proof that specifications and related drawings shall be reviewed by named manufacturer's technical expert. • Specifications shall be marked-up by named manufacturer's technical expert with checkmarks next to each requirement that is acceptable and exceptions or comments to each requirement that is not acceptable. • For engineered equipment like pumps and MCCs, project specific support documentation shall include drawings, calculations, catalog cut sheets, etc. • For"off-the-shelf" equipment like valves, actuators and instruments, project specific support documentation shall include catalog cut sheets and ordering information filled out, including all options. FDS The Consultant shall develop final specification incorporating DS3 comments for all sections required for the project, including Additional GRs Specifications. Bid Set Each discipline's responsible Engineer shall stamp and sign the bid set and identify sections for which they are responsible. Conformed Set The Consultant shall incorporate all bid period addenda and submit a complete copy of specifications. New wet stamps and signatures shall be included. GENERAL DESIGN SERVICES General Design Services includes tasks that will be performed by the Consultant throughout Phase 3. These tasks are included in a separate section of the Scope of Work to facilitate tracking of labor-hours and fees by both the Consultant and Sanitation District. These services include: project management, workshops and meetings, quality control, management of Subconsultants, coordination with other projects, permitting, and sole source/base bid/equipment pre-purchase alternatives. 07-13-2011 J-110 — Design SOW Page 36 of 54 Task 3.6— Project Management Consultant shall be responsible for detailed management of the project including the Subconsultants and shall keep the Sanitation District appraised of the status of the project. Consultant shall not reassign the key personnel without prior approval of the Sanitation District per Section 8 of the Professional Services Agreement. Sanitation District may request reassignment of any of the Consultant's personnel, based on that individual's poor performance. Consultant shall conduct monthly project meetings with the Sanitation District's Project Manager. These meetings shall be attended by the Sanitation District's Project Manager and Consultant's Project Manager at a mutually agreeable time, generally around the second week of the month. The purpose of the meetings shall be to review the Consultant Project Manager's report and the status of the project scope, schedule, budget and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted at each meeting. Other meetings shall be scheduled on an as needed basis. Consultant shall submit an updated WBS, Progress Reports, Project Invoices, project schedule and progress schedule as described in Phase 2—Preliminary Design, General Design Services, Task 2.10—Project Management. Consultant shall include fees for General Design Services related to Phase 3— Preliminary Design under this section of the proposal. Task 3.7—Workshops and Focused Meetings Consultant shall hold meetings and workshops throughout the project Final Design Phase to keep the Sanitation District appraised of the job, review work-in-progress, share information, discuss project submittals, present findings of technical analyses, receive and resolve comments, and obtain decisions and direction by the Sanitation District staff. This task defines the major meetings and workshops to be held by the Consultant in accordance with the requirements of the Sanitation District's Engineering Design Guidelines. Consultant shall also hold additional meetings as required to keep the Sanitation District appraised of the job, to review work-in-progress, and to receive and resolve comments. Consultant shall prepare and submit an agenda to the Sanitation District by e-mail for review at least one week prior to each meeting or workshop. The agenda package shall include a copy of the formal agenda and applicable review materials such as draft design criteria, design memoranda, associated drawings and specifications, to support meeting or workshop goals. Consultant shall prepare minutes for each workshop or meeting and submit them to the Sanitation District's Project Manager for distribution and approval within three (3) business days following the meeting or workshop. 07-13-2011 J-110 — Design SOW Page 37 of 54 Return to Aaenda Report Agenda and meeting minutes shall be prepared in a format approved by the Sanitation District. Informal meetings such as office meetings shall be recorded as follows: • Consultant shall notify the Project Manager/ Project Engineer prior to the meeting • Consultant shall prepare minutes for the meeting • The minutes shall be submitted to the Project Manager/Project Engineer and the Project Team • After review and modification, the minutes will be filed as a formal record of the meeting • Meetings that do not follow this procedure will not be recognized as having occurred Consultant shall prepare minutes for all telephone and teleconferencing meetings in the same manner as outlined above. The Sanitation District review period is set at three (3)weeks for these project submittals. For focused meetings, Consultant shall allow a Sanitation District review period of two (2)weeks also. The Consultant shall not continue to work on the project during the review period of major milestone submittals. At the end of the review period, Consultant shall meet with Sanitation District staff to receive and review Sanitation District comments. A copy of all comments on project issues obtained by the Consultant from Sanitation District staff without direct Sanitation District Engineering Project Manager's involvement shall be submitted for the Project Manager's approval within three (3) business days of receipt. Upon receipt of the Sanitation District comments on each project submittal and each set of meeting or workshop materials, the Consultant shall address the comments and submit a legible set of all Sanitation District comments together with Consultant's detailed responses, each written next to the respective Sanitation District comment. The Sanitation District will provide a template for submission of these comments. A hard copy of the responses shall be submitted no later than 30 days after receipt of the Sanitation District comments and at least 30 days prior to the next submittal date. Consultant shall keep an ongoing record of decisions made on the project in a "Decision Log" and shall submit a copy of the updated Decision Log with each monthly Progress Report. The Decision Log format shall be provided by the Sanitation District. Submittals that contain gross deficiencies or errors requiring a significant amount of the Sanitation District staff time for checking shall be returned without review until the Sanitation District is satisfied that a thorough Consultant's review, checking and correction for coherence, consistency, spelling, etc. has been performed. 07-13-2011 J-110 — Design SOW Page 38 of 54 Task 3.7.1 Workshops The focus of workshops is to review project progress to date and the technical decisions that have been made in focused meetings. Consultant shall conduct the following workshops in Phase 3— Final Design. Task 3.7.1.1. Design Submittal Workshop 1 (DS1 Workshop) Not required for this project. Task 3.7.1.2 Design Submittal Workshop 2 (DS2 Workshop) The DS2 submittal workshop shall be held to review all elements required in the DS2 submittal, validate the design progress since the PDR submittal and ensure that all comments on the PDR submittal are resolved in order to avoid rework with accompanying schedule delays. The DS2 workshop shall consist of three (3) components: kick-off workshop, design submittal review sessions and validation. The same Sanitation District and Consultant staff that attended the PDR workshop should attend this workshop. Kickoff The DS2 Kickoff shall be held immediately after the DS2 is submitted. This portion of the workshop shall be held to summarize decisions made at the focused meetings and shall include an overview of the project to date. Key review issues shall be discussed to facilitate the Sanitation District staff review of the submittal. This component of the workshop shall be two (2) hours in length. Design Submittal Review Sessions Up to four(4) review design submittal sessions shall be held at approximately the midpoint of the Sanitation District's review period. The design submittal sessions shall be working sessions that bring together the Sanitation District and Consultant staff to discuss specific design issues in detail. Specifically, the Sanitation District and Consultant staff shall review design aspects not previously covered in the PDR review relative to the operation and maintenance of the facilities (i.e., space between equipment, utility requirements, maintenance concerns, etc.). They shall also review previous Sanitation District's comments to ensure that the comments have been incorporated into the Final Design. The sessions shall address questions that the Sanitation District staff has identified during the first two (2)weeks of their review of the design submittal. Each session shall be two (2) hours in length. 07-13-2011 J-110 — Design SOW Page 39 of 54 Return to Mende Report Validation The Validation portion of this workshop shall be held to review and validate DS2. This part of the workshop shall be held after the consultant has reviewed the Sanitation District's comments on DS2 and developed suggested resolutions to the comments. The primary focus is to resolve major comments on DS2 in order to avoid rework with accompanying schedule delays. Issue resolution shall be documented in the Decision Log. This workshop shall be six (6) hours in length. Task 3.7.1.3 DS3 Design Gate Workshop DS3 Design Gate Workshop shall include a Design review session and a Constructability session to review the DS3 submittal. Workshop shall be held immediately following their DS3 submittal. The Consultant staff required at this workshop shall include: • Project Manager • Project Engineer • Lead Mechanical Engineer • Lead Electrical • I&C Engineer • Lead Structural Engineer • Other staff as deemed necessary by the Consultant The primary focus of the Design portion of the workshop shall be to review the Consultant's quality control for the DS3 submittal. The Consultant shall also present its QA/QC documentation for this submittal. This portion of the workshop shall be six (6) hours in length. The second part of the workshop shall start with a site visit to provide a better understanding of the actual field conditions. The constructability session will commence immediately after the site visit to provide the Sanitation District with an objective third party review of the construction documents for effectiveness in communicating information to prospective bidders. Workshop shall include a site visit. The review shall determine if the contract documents have sufficient information needed to bid and construct the project, and avoid misunderstandings and misinterpretations that may lead to conflict, confusion or claims during construction. This review shall not be a comprehensive plan check, but a dimensional check or a value engineering assignment. Further, it is recognized that comments may only be given on the level of detail provided at this level of design. Constructability review participants shall include highly experienced individuals with construction expertise within the Consultants or from construction companies, the Sanitation District construction management staff and 07-13-2011 J-110—Design SOW Page 40 of 54 Consultant construction management staff shall participate in this session. Specialty consultants and discipline engineers may also be included. Each constructability review participant shall receive a package at least two (2) weeks in advance. The package shall include plans and specifications, general conditions, the CPM schedule, the construction cost estimate, permits and other pertinent information. In the morning, the review shall start with a site visit, for the reviewers to acquaint themselves with the site conditions. After the site visit, the Consultant shall make a short presentation, followed by a question and answer period. The Constructability Review Team shall then review the construction documents. The Consultant shall not attend, although one designated individual from the Consultant's Design Team shall remain to answers questions and gather additional information that the constructability review team might need. By mid-aftemoon, the Consultant shall return and listen to comments from the Constructability Review Team. A designated individual shall record the comments, and take notes from the workshop, to document the process. Topics the Constructability Review Team shall consider include: • Project consistency, discrepancies and constructability issues • Contradictions, bid package strategies and bidding issues • Equipment shutdowns • Construction methods and mitigating impacts • Operational requirements • Safety • Coordination with other projects • Construction sequencing and schedule, materials storage and work zone accessibility • Impacts on existing operation • Access • Cost control • Contingency Plan The Constructability Review Team shall provide a list of comments and the Consultant shall respond to each comment, selecting those comments to be included in the final plans and specifications. To facilitate the Constructability Review Workshop, Consultant shall complete the following tasks: • Prepare package for constructability review participants. The package shall consist of detailed plans and specifications and other information selected by Consultant. The package shall be mailed to participants at least one week prior to the workshop. 07-13-2011 J-110 — Design SOW Page 41 of 54 Return to Mende Report • Provide for a constructability review facilitator. • Prepare presentation on the project for the Constructability Review Team. • Meet with Constructability Review Team to receive comments. • Provide listing of constructability review comments and action taken on each comment. (The summary report of constructability review comments shall be prepared by the Constructability Review Team.) All comments and recommendations of the workshop shall be incorporated into the contract documents at no additional cost to the Sanitation District. All comments and recommendations of the workshop shall be incorporated into the contract documents at no additional cost to the Sanitation District. The constructability portion of the workshops shall be four(4) hours in length and be held at the Sanitation District. At the end of the Design Gate meeting, the Sanitation District will decide whether to accept or reject the submittal. Task 3.7.2 Focused Meetings Focused meetings shall be held throughout final design to discuss specific issues in detail and generate comments and direction from the Sanitation District staff. The following tentative list of topics may be covered in these meetings. Task 3.7.2.1 Focused meetings between PDR and DS2 • Bid procedures • Control strategies • SCAQMD permit package • Other permits • Fire protection • Control panel layouts • O&M staff review • Constructability review comment resolution • Corrosion control comment resolution • Specifications Task 3.7.2.2 Focused meetings between DS2 and DS3 • Specifications • Other meetings as required Task 3.7.2.3 Commissioning Team Meetings Monthly basis after DS2 submittal Meetings will generally be two (2) hours in length. Consultant shall determine how many meetings shall be needed to covered these topics and organize the topics accordingly. Consultant may suggest additional topics as necessary. 07-13-2011 J-110—Design SOW Page 42 of 54 Supplementary meetings may be scheduled with Sanitation District staff, as necessary, to allow coordination between Consultant and Sanitation District staff. The Commissioning Team meetings shall cover the following subjects: • Provide a detailed review of the proposed construction sequencing plan and make recommendations for improvements. These recommendations shall be incorporated into the plans and specifications as appropriate. Possible incentives for the contractor to finish the project early shall be explored. • Identify procedures, testing requirements and sequencing for commissioning. • Develop a detailed outline of a commissioning plan based on the results of the recommended construction sequencing plan. • Prepare testing requirements and plan to prove process performance relative to design criteria developed in the PDR. • Identify timing within the construction contract schedule when commissioning activities are required, including hold points for testing and inspection. • Identify roles and responsibilities of the Project Manager, Resident Engineer, Inspector, Project Engineer, PCI, Engineering support, Design consultant and Contractor • Develop a time line of commissioning. • Develop a commissioning specification. • Develop standard forms for testing and commissioning documentation. • Electrical, mechanical and process tie-ins. • Start-up requirements and testing. • Record drawings. • O&M training. • O&M Manuals and coordination of same with O&M Training. Task 3.7.2.4 Safety and Risk Meeting Key Project Team members shall meet with the Safety Department to review the plans and specifications in accordance with Sanitation District safety policies and the Sanitation District Risk Management goals. 07-13-2011 J-110 — Design SOW Page 43 of 54 Return to Mende Report Meet with Safety Department, the Sanitation District Risk Management personnel, and OCIP (Owner Controlled Insurance Program) safety representatives between DS2 and DS3 to review the plans and specifications in accordance with the Sanitation District safety policies and the Sanitation District Risk Management goals. Task 3.7.2.5 Risk Management Meetings Consultant shall participate in the updating of the Risk Management Plan prepared during the Preliminary Design Phase of the project. This participation shall include attendance at Sanitation District meetings in order to identify and mitigate potential risk to the project. Meetings shall be conducted two (2)weeks after each Design Submittal (including the Final Design submittal). Task 3.8—Quality Control Task 3.8.1 QA/QC Plan All elements of the Consultant's Quality Assurance/Quality Control (QA/QC) Plan developed in Phase 2—Preliminary Design shall also apply to Phase 3— Final Design. On a periodic basis, the Sanitation District shall conduct an audit of the Consultant's work to ensure conformance with the QA/QC Plan. The Sanitation District shall notify the Consultant when these audits will occur. For this project an audit shall be done before the PDR submittal and after the DS2 submittal. Consultant shall respond to any Sanitation District comments made during the audit within two (2) weeks. If comments are extensive, the Sanitation District shall schedule a follow-up audit approximately 60 days after the comments are received. A detailed description of the Plan requirements is included in the Engineering Design Guidelines, Chapter 01, Design Guidelines—General Requirements, Section 01.7"Design Quality Control System "as revised in Section V of this Scope of Work, "Project-Specific Deviations from the Sanitation District Design Guidelines". Major elements of the QA/QC Plan are described in Phase 2— Preliminary Design, General Design Services, and Task 2.12—Quality Control. Task 3.8.2 Documentation of Level of Effort for QAIQC Consultant shall include labor-hours for all QA/QC activities related to Final Design in this task including any revisions to the QA/QC Plan and review of contract documents either by the Consultant or by the Consultant in conjunction with the Sanitation District staff in meetings and workshops. These labor-hours and associated costs will be tracked separately in the Consultants' invoice as determined at the beginning of the project. The level of effort will be reviewed with Sanitation District staff prior to award of the Professional Design Services Agreement (PDSA). 07-13-2011 J-110 — Design SOW Page 44 of 54 Task 3.9— Management of Subconsultants If Consultant requires the services of any Subconsultants during Phase 3—Final Design, then the Consultant shall include a list of them in the technical proposal; explain why they are needed, provide a general scope of work in an Appendix to the technical proposal as a basis for their fee. Subconsultant fees shall be included in the Consultant's Fee Proposal. Consultant shall manage the activities of Subconsultants. The services of Subconsultants shall be required for Phase 3—Final Design. Consultant shall provide for and manage the activities of Subconsultants. The proposed Subconsultants shall be listed in the proposal along with a description of their effort and fee. Consultant shall include the general scope of work for each Subconsultant in the proposal as a basis for the fee. If a Consultant believes that additional Subconsultants are required on the project, then the Consultant shall include them in the proposal, explain why they are needed and highlight their specific tasks. Task 3.9.1 Geotechnical Subconsultant Consultant shall secure the services of a qualified Geotechnical Engineering firm to prepare a Geotechnical Data Report and a Geotechnical Baseline Report that addresses geotechnical concerns for all applicable Project Elements of the project Scope of Work. Consultant shall identify a geotechnical Subconsultant and include the Subconsultants proposal with the response to this RFP. Review of Existina Data—Preliminary Geotechnical Report Consultant shall review all known soils and inspection reports. The review shall include any reports on file at the Sanitation District. Consultant shall submit a Preliminary Geotechnical Report, based on the existing data review. The report shall cover soil classifications and properties that affect design and construction. The Preliminary Geotechnical Report shall also cover recommendations for soil borings, USA"Dig Alert" notifications, and traffic control for boring work. Soil Borings The geotechnical services shall include soil borings necessary to observe, test, classify soils and monitor groundwater. The number and spacing of borings shall be based on the geotechnical professional's interpretation of needs and recommendation; however, a maximum of five hundred feet(500') shall be allowed between pipeline alignment borings along a pipeline alignment. Borings shall also be taken at or near the upstream and downstream connection points. The depth of the borings shall be adequate to characterize the soils to a depth of at least five (5) feet below the bottom of an excavation or any proposed sewer invert elevation. At least two (2) borings shall extend ten (10)feet below the proposed excavation bottom or sewer invert. If unexpected or unique soils are encountered, an adequate number of borings shall be taken to try and define the limits of the anomaly. Consultant shall specify in the proposal the required number of borings as wells as a unit price allowance per boring in the proposal base price. Based on the actual number of borings performed in the project as determined and agreed upon by 07-13-2011 J-110 — Design SOW Page 45 of 54 Return to Mende Report Consultant and the Sanitation District, the Sanitation District will pay the final price in accordance with the per-unit allowance in the Consultant's proposal: Soil Boring Sampling Soil samples for testing shall be collected as needed based upon Consultant's professional judgment. However, samples intervals shall not exceed two-foot depth intervals alternating SPT and RING samples in each boring. If borings are taken near existing sewers, samples shall be taken and delivered to the Sanitation District for testing for coliforms to determine if sewers are leaking. Soil Boring Locations The location of all borings shall be plotted on a map and attached to the Geotechnical Report. Preferably, the borings shall include survey coordinates consistent with the project survey. Complete logs of the soil profiles shall be included in the report. Borings shall be located strategically within the footprint of the proposed excavation or on the centerline of proposed pipeline alignments. A total of one (1) borings shall be cased and converted into water level monitoring wells for use during construction according to local agency requirements. The Consultant shall obtain all necessary permits for the installation of monitoring wells. Also, the Consultant shall also be responsible for abandoning the wells after the construction is completed and the monitoring wells are no longer useful. Geotechnical Report The Geotechnical Report shall address, but not be limited to, protection of Sanitation District facilities during an earthquake, soil contamination, groundwater presence, ground water levels, groundwater contamination, construction dewatering, pipe bedding requirements, trench shoring requirements, settlement potential, excavation of soils, location of rock, backfill suitability and backfill compaction. Pumping tests shall be required to determine dewatering parameters for inclusion in the specifications. Consultant shall provide a complete specification for the abandonment of wells for areas where aquifers could be compromised. Potential abandonment methods for deep penetrations might consist of over drilling and fill with cement-bentonite slurry, or deep pressure grouting to create a concrete seal. The Report shall describe and categorize the soil types and identify potential for off- site disposal locations. Consultant shall be responsible for establishing the actual scope of work for the Geotechnical Report. The Geotechnical Report shall emphasize specific construction concerns and concerns regarding the integrity of sewers, pavement and structures. The Geotechnical Report shall address in detail the excavation impact of the proposed work on all existing utility trenches in the vicinity of the proposed project. The Geotechnical Report shall also focus on the potential collapse of the earth 07-13-2011 J-110 — Design SOW Page 46 of 54 prism located between existing parallel utilities and the trench excavated for any proposed sewer installation. In addition to the above parameters, the Geotechnical Report shall address, as a minimum, the following items: • Soil classification of each strata in accordance with Unified Soil Classification system. • Physical descriptions of the soils encountered. • Water table/ground water encountered. • Seasonal variations of water table. • Existing pavement and base material thickness. • In-situ unit weight and moisture content as tested by Consultant. • Laboratory test on the following: moisture content, density, gradation, Atterberg limits, consolidation, shear resistance, expansion, R-value, and corrosivity tests (pH, chloride content, sulfate content and resistivity). • Assessment of the geologiclseismic hazards of the site. • California Bearing Ratio (CBR) and/or Sand Equivalent values for soils under pavement that is being replaced, if required by the permit agencies. • Coefficients of internal friction and cohesion of in-situ undisturbed soils. • On-site Organic Vapor Analyzer(OVA)test results for potential hydrocarbon contaminants. • Benzene, Toluene and Xylene (BTX)test per EPA guideline 8020 and Total Hydrocarbons (TPH)tests per EPA guideline should the OVA reading be equal to or greater than 45 ppm. Report Recommendations Specifications The Geotechnical Report shall make recommendations regarding the provisions to be included in the construction specifications. Recommendations shall be prepared for the following topics: dewatering, trench shoring, backfill compaction, and road repairs. In order to evaluate dewatering requirements for inclusion in the specifications, the Subconsultant shall conduct a hydrogeologic investigation. Geotechnical Report Recommendations for Design The Geotechnical Report shall make recommendations regarding the design of the facilities. Recommendations shall include active, at-rest, passive and dynamic earth pressures, foundation type, allowable bearing pressure, coefficient of friction 07-13-2011 J-110—Design SOW Page 47 of 54 Return to Mende Report between the foundation and soils/subgrade, pile or mat foundation design data, settlement potential, pipe bedding and trench shoring/maximum cut slope requirements, soil contamination/corrosion potential, structural needs, pipe stability, expected earthquake displacement, and other Consultant needs. Geotechnical Baseline Report GBR) The Geotechnical Baseline Report (GBR)shall be written by a senior geologist or geotechnical engineer and shall conform to the most recent issue of the American Society of Civil Engineers (ASCE) "Geotechnical Baseline Reports of Underground Construction: Guidelines and Practices". The GBR shall be site specific and shall include a narrative of all known soil conditions and subsurface expected constraints. The Baseline Report shall establish quantitative thresholds and shall make specific recommendations to the contractor regarding actions to be taken by the contractor during construction, such as dewatering, removal of boulders by size, all other excavation and backfll stages, etc. Thresholds expressed as ranges of values will not be acceptable to the Sanitation District(i.e. 100-200 gpm, or 5-10 CY). All thresholds shall be expressed in the form of one number(i.e. 150 gpm, or 7 CY). The GBR will be used during construction to enforce the Differing Site Condition clause included in the construction Contract Agreement. Delivery of the Geotechnical Baseline Report The draft GBR shall be submitted to the Sanitation District staff for review and comments along with the DS2 submittal package. If the DS2 submittal was eliminated from the project design schedule, the GBR shall be submitted to the Sanitation District at least four(4)weeks prior to DS3. The final GBR incorporating the Sanitation District comments shall be submitted with the DS3 submittal package. The Final GBR shall be submitted with the Final Geotechnical Report. Delivery of Geotechnical Data Report The Draft and Final Geotechnical Data Reports shall be submitted to the Sanitation District for review and comment. Any comments received regarding the Geotechnical Report shall be addressed. Refer to the Engineering Design Guidelines, Section 01.4 for further requirements. Some of the related design requirements can be found in the Engineering Design Guidelines, Chapter 02, Chapter 8 Section 08.1, and Chapter 9 Section 9.7. Task 3.9.2 Surveying Subconsultant Consultant shall secure the services of a Subconsultant to conduct field and aerial surveys as required. 07-13-2011 J-110 — Design SOW Page 48 of 54 Topographic information used on the construction plans shall be generated from a field survey and an aerial mapping process. The Sanitation District will not provide the aerial survey information to the Consultant for use on the project. Prior to beginning design, Consultant shall prepare the scope of work for field surveys required for all applicable Project Elements of the project Scope of Work. The Sanitation District will establish both vertical and horizontal control for the project. The field survey shall be used to establish both horizontal and vertical alignment of the facilities and shall note all survey monuments, topographic features, property lines, and elevations. The basis of bearings and benchmarks shall be indicated on the drawings. Control shall meet or exceed NGVD 88 requirements and shall be based on the Plant Local Coordinate System and datum. Consultant's project schedule shall account for the above. The Subconsultant producing the aerial topography shall be required to meet the following criteria: • The final product must be delivered in AutoCAD. • The aerial must be based on plant coordinate system. • The CAD file must adhere to the CAD Manual. The Sanitation District must be given the opportunity to review and comment on the compliance to the CAD Manual. • Site contours shall be in 0.5 ft. intervals. • Contour and spot elevations should be 3D; all other features should be 2D. With the final plans, Consultant shall include the survey-related documents in the Project Support Documentation (PSD)as specified in the Engineering Design Guidelines, Appendix A, Section A.3.19 "Project Support Documentation (PDS)". Task 3.9.3 Fire Protection Subconsultant Consultant shall secure the services of a Fire Protection Specialist to determine the fire protection requirements, prepare final plans and specifications for the selected plan and assist the Sanitation District in obtaining approval from the fire authority. Task 3.9.4 Utility Coordination Consultant shall determine all utilities impacted by the work for all applicable Project Elements of this Scope of Work (see Section 2.6). Utilities include all in-plant, utility company-owned and public agency-owned piping, duct banks, and other interferences. All utilities encountered during the preliminary design shall be shown on the plans. Project work that requires other agencies to relocate existing utilities shall be coordinated during the design by Consultant. The Consultant shall prepare all easement documents including field investigations. Field investigations include visiting the project work site and each utility to verify the location of all interferences. 07-13-2011 J-110 — Design SOW Page 49 of 54 Return to Mende Report Consultant shall secure the services of a licensed survey subcontractor to field locate potholes as necessary Survey locations of potholes shall be tied to the sample controls as used for the Control Survey. Consultant shall also secure the services of a subcontractor to perform the pothole work. Consultant shall be responsible for identifying locations where potholing will be critical to the design effort to identify the location of existing piping, duct banks, and foul air ducts. The results of potholing efforts will be summarized in a field findings report. "Soft"excavation methods (vacuum extraction or sift drilling)will be used where feasible. An allowance shall be included in the proposal for this effort including number of borings and unit price per boring as follows: Task 3.9.5 Landscape Architect Subconsultant Consultant shall secure the services of an in-house specialist or a Subconsultant to determine landscaping requirements, develop three (3) landscape alternatives for review by the Sanitation District staff and prepare final plans and specifications for the selected alternative. Task 3.9.6 Other Subconsultants (as necessary) Consultant shall identify other potential Subconsultants in their proposal and provide a detailed scope of work for their services. Task 3.10—Coordination with other Projects The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. Consultant must coordinate the project with the following Sanitation District projects: • P2-66 Headworks Improvements at Plant No. 2 • P2-90 Tricking Filters at Plant No. 2 • J-114 OOBS Rehabilitation (Electrical) • Sanitation District inspection of the OOBS pump volutes • J-112 Outfall Land Section and OBSS Piping Rehabilitation • J-117 Ocean Outfall Booster Station Rehabilitation (mechanical) • J-119 Outfall Beach Box Rehabilitation Evaluation • FR11 -003 Ocean Outfall Beach Junction Box Repair • FR11 -500 Task 3.11 —Permitting For all applicable Project Elements of this Scope of Work, Consultant shall provide contract documents, which ensure that facility features and performance, and construction procedures comply with all conditions of existing permits and permits required to construct this project. Construction drawings, specifications and supplemental drawings shall be prepared, as necessary in the format required to obtain all permits. 07-13-2011 J-110—Design SOW Page 50 of 54 Consultant shall assist the Sanitation District in obtaining permits. This assistance shall include completing application forms provided by the Sanitation District preparing supporting documentation for the permit applications as required by the issuing agency, furnishing the required number of copies of all construction drawings and exhibits and attending meetings with permitting agencies at the request of the Sanitation District. The Sanitation District staff shall execute all applications. All permit fees shall be paid directly by the Sanitation District and shall not be deemed part of Consultant's fee. Consultant shall submit all supporting documentation in a timely fashion for all permits required for this project which include, but are not limited to, the following: • Fire Department • California Coastal Commission (for Plant 2 Projects in certain areas) Consultant shall attend meetings with the Sanitation District staff to discuss the support documentation and meetings with the regulatory agencies as requested by the Sanitation District to discuss the Project as indicated in Section 2.7. BID SUPPORT SERVICES The Consultant shall provide engineering Bid Support services as described herein: - Provide Final Engineering construction Cost Opinion (see Exhibit 3) - Prepare Bid Schedule form for Bidding Documents - Complete the Bid Schedule form using the Consultant's Construction Cost Opinion - Attend the Pre-Bid meeting - Participate in the pre-bid meeting (s) - Prepare project drawings and project specification addenda to provide clarification and resolve errors and omissions identified prior to bid opening - Within three (3)weeks of the bid date, prepare conformed documents set (drawings, databases, specifications and other required materials)that incorporates the addenda (see Engineering Design Guidelines, Chapter 01, Design Guidelines— General Requirements, Section 01.4 "Preparation of Project Deliverables"for requirements) - Provide assistance with RFIs, RFCs and preparation of Addenda during the Bidding Process The Sanitation District may elect to prepare two (2) separate Bidding Documents, one (1) for the removal and replacement of the Final Effluent Sampler Building and the second for the implementation of the recommendations from the Condition Assessment activities to rehabilitate the short outfall system and associated facilities (see Figure 2). The Consultant shall include labor hours and associated fees to prepare two (2) Bid packages under these services. 07-13-2011 J-110 — Design SOW Page 51 of 54 Return to Aaenda Report PHASE 4 — CONSTRUCTION AND INSTALLATION SERVICES Consultant services during construction and installation shall be negotiated prior to the completion of the Bid Documents. PHASE 5—COMMISSIONING SERVICES — NOT USED Consultant services during construction and installation shall be negotiated prior to the complete of the Bid Documents. PHASE 6—CLOSE OUT Consultant services during construction and installation shall be negotiated prior to the complete of the Bid Documents. V. GENERAL REQUIREMENTS Sanitation District Engineering Design Guidelines and Strategic Plan Consultant shall refer to and adhere to the requirements of the latest Revision of the Sanitation District Engineering Design Guidelines and other Sanitation District Standards referenced therein (part of Exhibit 5). The Engineering Guidelines define what plant design concepts, tools, methods and project management requirements shall be adhered to and in what manner they shall be used/provided by Consultants, e.g., requirements regarding design concepts, submittals, documentation details, use of the Sanitation District Master Specifications and other related Sanitation District Standards, etc. Refer also to Section "Consultant's Responsibilities' in the Sanitation District Design Guidelines Chapter 01. Refer to"Master Specifications Instructions for Use'that mandates rules and conventions to be used in all OCSD project specifications. Except as specified in this Scope of Work, design of all facilities shall conform with the recommendations of the currently approved Master Plan for the OCSD facilities. The project shall also incorporate all applicable mitigation measures included in associated environmental documents and site specific local requirements. In addition, the Sanitation District shall require Consultant to follow subsequent revisions of the Sanitation District Engineering Design Guidelines and other Sanitation District Design Standards referenced therein as they become available up to the end of Design Submittal 1 (DS1) review, except for the following requirement regarding the Master Specifications: Until the end of the DS2 review period, the Sanitation District may update the Sanitation District's Master Specifications and/or add new Sanitation District Master Specifications. The Consultant shall utilize the new and/or modified Master Specifications for the DS3 submittal. The Consultant shall not begin editing the project specifications until the project team meets with the OCSD Design Standards Custodian at the point of Design Submittal 1 (DS1)to discuss and receive comments regarding the Consultant-proposed list of project specifications. 07-13-2011 J-110—Design SOW Page 52 of 54 Working Hours Meetings with the Sanitation District staff shall be scheduled from Monday through Thursday between the hours of 8:00 AM and 4:00 PM. Consultant's on-site staff shall conform to the Sanitation District work schedules. Consultant shall refer to the Engineering Design Guidelines, Chapter 01, and Section 01.3.5 "Consultant Inspection of Treatment Facilities"for further requirements. Standard Drawings and Typical Details All the details used in the project (OCSD Standard Drawings and Consultant-developed typical details) shall be shown on the Plans. Software The Consultant is expected to develop and provide the deliverables using the standard software currently approved for use by the Sanitation District. The Sanitation District standard software includes, but is not limited to, the following: • Windows XP Professional • Oracle 9i client • ESRI software (Arc GIS 9.3) • Microsoft Internet Explorer 8 • AutoCAD P&ID 2010 (for P&ID drawings only) • AutoCAD Map 3D 2010 (for all other drawings) • Microsoft Office 2007 • CMMS (RJN CASSWORKS)ver 8.10 • Adobe Reader • Adobe Acrobat 9 • Primavera P6 for scheduling • Database software as defined elsewhere in the project Scope of Work Any software that the Consultant needs to comply with these standards shall be purchased and maintained by the Consultant at no additional cost to the Sanitation District. In the event the Sanitation District provides the Consultant with access to the Sanitation District software and hardware at a the Sanitation District facility in order to facilitate performance of their work, all software shall remain the property of the Sanitation District. Only software licensed to the Sanitation District shall be installed on the Sanitation District equipment. In addition, only the Sanitation District IT Department staff will perform the installation of this software. The number and type of required electronic deliverables for each project submittal are defined In Exhibit 5 of the project Scope of Work. Refer to Chapters 10 and 11 and Appendix A of the Sanitation District Engineering Design Guidelines for requirements on preparation of Criticality Tables, and ETAP, SAT and EID databases. Refer to the Sanitation District's CAD Manual and to Chapter 11 and Appendix A of the Sanitation District Engineering Design Guidelines for requirements regarding P&ID drawings. 07-13-2011 J-110 — Design SOW Page 53 of 54 Return to Aaenda Rew, VI. STAFF ASSISTANCE The Sanitation District staff member or designee assigned to work with Consultant on the design of this project is Alberto Acevedo at (714) 593-7846, fax at (714) 964-4775, e-mail to: aacevedo@ocsd.com. EXHIBITS: EXHIBIT 1 — Project Related Documents EXHIBIT 2— Confined Space Policies and Procedures EXHIBIT 3— Sample Construction Cost Estimate Format EXHIBIT 4— Deliverables List EXHIBIT 5— Sanitation District Engineering Design Standards LIST OF FIGURES: Figure 1 — Plant No. 2 Hydraulic Flow Schematic Figure 2— Flow Schematic of the Ocean Outfall System Figure 3— Limits of Surface Drainage and Landscaping Improvements AA:aln ELMS: 003943371 07-13-2011 J-110 — Design SOW Page 54 of 54 ATTACHMENT "D" ALLOWABLE DIRECT COSTS Return to Mende Report ATTACHMENT "D" ALLOWABLE DIRECT COSTS LONG DISTANCE TOLL All long distance toll charges incurred will be reimbursed as direct costs. Toll CHARGES charges to area codes serving Los Angeles, Orange, Riverside, and San Bernardino Counties will not be reimbursed. FACSIMILE TRANSMISSION Facsimile transmission charges will not be reimbursed, except the long distance toll CHARGES charges, as described above. In-house reproduction of records and documents will not be reimbursed by the REPRODUCTION AND OCSD. Use of an outside copy service for specialty items and volume reproduction PRINTING CHARGES will be reimbursed at direct cost. Use of a professional printing service will be reimbursed at actual cost. OVERNIGHT MAIL DELIVER Use of Federal Express, Express Mail, UPS, or such similarly-related service,as AND MESSENGER SERVICE well as a messenger service,will be reimbursed at direct cost only when necessary. POSTAGE Incidental postage will not be reimbursed by OCSD. FILM PROCESSING Film processing will be reimbursed at actual cost. COMPUTER USAGE Computer use by Consultant and/or support staff will not be reimbursed. MILEAGE AND TOLL FEES Per mile reimbursement will be at the current rate set by the Internal Revenue Service. Toll fees will be reimbursed. TEMPORARY STAFF The use of outside temporary support staff will be reimbursed at direct cost with prior approval of OCSD. OFFICE SUPPLIES The purchase of office supplies by Consultant will not be reimbursed. The cost of lodging including room and all applicable taxes will be reimbursed. LODGING Lodging incidentals including movies, internet, laundry service, valet service, room service, etc,will not be reimbursed. GROUND TRANSPORTATION The cost of ground transportation for taxi, shuttle, train, etc.,will be reimbursed. Limousine service will not be reimbursed. Aldine ticket cost including one bag will be reimbursed unless preapproved by AIRFARE OCSD. First class tickets will not be reimbursed unless pre-approved by OCSD. Membership dues for corporate card frequent user programs or the cost of airline club membership will not be reimbursed. AUTO RENTAL Rental car cost and rental car gas will be reimbursed. PARKING FEE Parking fees for hotel, airport, rail station, etc will be reimbursed. Meals including tip for traveler will be reimbursed. Meals for non-traveler included on traveler receipt will not be reimbursed. Cost of alcoholic beverages will not be TRAVEL MEALS reimbursed. Multiple travelers must get individual receipts. All receipts must be itemized; credit card receipts without an itemized receipt will not be reimbursed. The daily total reimbursement for meals shall not exceed the OCSD per diem rate which is available upon request. Cost of miscellaneous personal items such as, but not limited to newspapers, toiletries, shoeshine, tobacco products, pay TV, movies,valet services, health club MISCELLANEOUS charges, in-room mini bars, clothing and footwear will not be reimbursed. ATM/bank fees incurred by professional while traveling will not be reimbursed. Costs for project team lunches will not be reimbursed unless pre-approved by OCSD. Attachment D—Allowable Direct Costs PROJECT NO.J-110 FINAL EFFLUENT SAMPLER AND BUILDING AREA UPGRADES ATTACHMENT "E" FEE PROPOSAL Return to Aaenda Repon ATTACHMENT E-FEE PROPOSAL FORM FINAL EFFLUENT SAMPLER AND BUIDLING AREA UPGRADES PROJECT NO.J-110 CONSTRUCTION SUPPORT SERVICES Consultant Name: Atkins North America,Inc. Raw Labor $ 112,298 Fringe Casts 7 32.00% $ 35,935 Burdened Labor $ 148,233 (Raw Labor+Fringe Overhead 118.00% $ 174,915 Subtotal $ 32.3,149 (Kurd labor+OH) Nate: Round all values to nearest dollar. Profit 9.84% $ 31,798 I%of Subtotal) Total Direct Costs, not to exceed $ 1,700 TOTAL-"Consultant"Not to Exceed $ 356,646 Major Subconsultant A Name: AECOM Raw Labor $ 70,271 Fringe Costs 42.00% $ 29,514 Burdened Labor $ 99,785 (Raw Labor+Fringe) Overhead 96.00% $ 95,794 Subtotal $ 195,579 (Surd labor+OH) Nate: Round all values to nearest dollar. Profit 7 10.00% $ 19,558 (%of Subtotal) Total Direct Costs, not to exceed $ 1,150 TOTAL-Major Su bco nsu lta nt A N of to F xc eed $ 216,287 Page 1 of 3 ATTACHMENT E-FEE PROPOSAL FORM FINAL EFFLUENT SAMPLER AND BUIDLING AREA UPGRADES PROJECT NO.J-110 CONSTRUCTION SUPPORT SERVICES Major Subconsultant B Name: Raw Labor $ Fringe Costs 11 m $ Burdened Labor $ (Raw Labor+Fringe) Overhead BIRO% $ Subtotal $ (Surd labor+ON) Note: Round all values to nearest dollar. Profit (%of Subtotal) Total Direct Costs, $ not to exceed TOTAL-Major Subconsultant B Not to Exceed $ Major Subconsultant C Name: Raw Labor $ Fringe Costs 55.55% $ Burdened Labor $ (Raw Labor+Fringe) Overhead 120.00% $ Subtotal $ (Kurd labor+ON) Note: Round all values to nearest dollar. Profit 30.00% $ (%of Subtotaq Total Direct Costs, $ not to exceed TOTAL-Major Subconsultant C Not to Exceed $ Page 2 of 3 Return to Agenda Report ATTACHMENT E-FEE PROPOSAL FORM FINAL EFFLUENT SAMPLER AND BUIDLING AREA UPGRADES PROJECT N0.1-110 CONSTRUCTION SUPPORT SERVICES Subcansultants Under$100,000 SubconsultantI Nlnyo&Moore $ 38,374 Subconsultant 2 $ - Subconsultant3 $ - Subconsultant4 $ - Subconsultant5 $ TOTAL-Subconsultants Under$100,000 $ 38,374 SUMMARY Consultant $ 356,646 Major Subconsultant A $ 216,287 Maur Subconsultant B $ Maur Subconsultant C $ Subcansultants Under$100,000 $ 38,374 GRAND TOTAL-Not to Exceed $ 611,307 Page 3 of 3 ATTACHMENT "I" COST MATRIX & SUMMARY Retum to Mends Reoart Corsttunbn suppm sennea, Final EMwM Sampler eM Bolding Afee up lnUn ".Na,J-110 ATKINS COST M4TFI% Cott Total Coal Task free %Incl al Phj Me' Pro Eng, Engineer I Technician I SUppront Total Hours per Task BUNered Hale IN,Het. Barad EM S 116.60 f 109.. $ Th.. E So.60 I E 61.60 1$ un Total hours for Ph..4a 0 840 221 410 104 54 1429 Ph ..4-su4Tatal Co.. f - S 69,9]5 $ 17.503 $ 20.7H E 6AW S 2.495 $ 117,124 It117.124 Total hour,for Phase S- f - f 40 $ H $ 40 $ - E 124 Phase S-Sub-Tool Can, S - E 4.3]3 S 2,Ml It2.024 S - $ - f 91248 E %248 Total hours for Phase 6a 0 50 52 84 120 0 306 PM1eae 6-suIsTotal Co.. S - $ SAB] $ 4.116 E 4,250 $ 7.393 $ - f 21,228 $ 21.228 Total labor Hours for ALL Pine— 0 690 273 494 Z?41 54 1735 Tonal 9uNened Lebar Coel,$ f - E ]S.M3 S 21,622 $ 241994 S 13. E 2,495 $ 147,600 OVMfead as a pMwd of Tdel&udered labor Orel 1A8 $ 174.168 Profit AS a increase of Total Bordered lnW Cast I Oacri,od 00984 $ 31.662 Total Lebar Cast$ $ 353,430 PHASE 4 5 6 OOCs Heprpdwr n C Me $ $ Ovamlpm Mall Onirary 6 Nalsoaags Sence E $ Pnnln9 1.200 $',do MMtnldls $ Travea Eacersev lMlea I $ 250$umonl-ODCes s L450 $ 1a00 PHASE 6 Suhcanaultenb Ceo 1a,cal(Norry.aM M1bxe It 38374 5 5 38,374 S 36374 AECOM $ 13SAM 5 4.8.58 $ 74.804 S 216.2E6 S 218.288 S E E � E S $ $$ $ $ S E IS E - S E $ $ E subtonl5ubroasulnntsa E 1]5,000 IS 0.858 I 254,660 E 354,660 TOTALCOST= E 609,790 Papa 10 5 e�.ml,..,P. eo�,.la'o}„,m._m..PI.YN•.a rank 1— Labor Hoon rmol co]I Per PNn i el Pmj Mgr Pro E E beer Teabnlalan Su off Houn Teak w S5 5 W w SIM 3 27 SAa.m Smdn Amre� Eo.Po Som EO W Som SupeIM W= SIN.M Ne31B So.m N.e�e SLLWw Wu- Se.W 33 mart So.m 5190.8] im m OrM Pn qm SI ID]W S�e..m 6Poe S� Um St.81.0 Sa BM.1] Mt Se.N SN]IM SEY.W 32.N.e Se ends raA an•v o rW.b.1Ws� IrMWv. Nx m 2�OSBua ewYle%Cam u'v ].NBJIPaaMY�mx Gm am mm MM mm Y u.. halm,Sea S1¢raev.Fr Ttl S�wW m m m m TMU-E'] m Ou 3omI.. Som vniN tom N1Yo.08 SR1.0 Sw1.m NO] N�eTW es SO.. Sa m'a0 b.W bW W.M 117. b.W b. Aw tl.W SOID 10. y.W b.W So.m 3om CenaWcllan entl ln.lYtlllan sarvin.�5uelelY Nes Sa10 YN tlMlon Sarvlu..3uh�mtltoY. fe.Po .08.[! PM1ase C-SuMotal Hrs= 0 6a0 221 4101 1N 5a 1429 Phase 2-SuMoWl Costs,! $0 $69,975 517.502 5207d 56607 $2.495 S117,124 CmeWNM6u0poA5elArea HneI BMUM Area t samparem a,mhe upemera Retum to ABentla Report R No. AJ RTNINS COST MATRIX Task Item Lehar Hoen Tonal Coat per Princlpel Pm M r Prot En Engineer Technician Su Ort Hoorn Taek BmEen Raleaaw P.N age "..a 100.]d 5 1.— 5 W.6a f 61.60 46.20 Pnaee S-c BMM I5510NING SEPVICEB Task 5 1-Comme,eano OFATs 6 MATs ACCedem 0 24 m d0 0 0 1aa Su01oItl Cm1= $000 52624S 52851.20 U,.23 2 S90J Sa.00 $749908 Tank 6.2-TraNm NO SUPPOTT Iron Alegrag 0 0 0 0 0 0 suSlolalC 4= f0.00 w SSOD so 00 SS. S0.00 W.. TukSJ- Wna 1 0 16 8 0 0 0 24 SUNolal Gael= S0.00 $17493] W. S0.00 50.00 Sl]d93] e o 0 a o e o suNNelcW- 40.00 0.0a SOAO Sorg SOLO W. Se. 0 0 0 B 0 0 0 suNNal cost= 50.00 seen WAS $"m E9.00 ..Sg SO.oO 0 0 0 0 a g o SUNNaICOS, SO DO seee SMOO mL0 SO.CO so.W sll.o0 0 0 0 0 o a o sutdotsl Cost- S0 Sol sc.00 s11.00 SO.W sa llll RO.aa So oO 0 0 o a 6 a o s,6lern coos spec so cc saao sana so oo mas soon Commleemm servw6.suBroMl Hre= o +o a ae 6 e u4 mhslonA ServlceF-sYN101eI COb1= 50.00 N S3A2 f2 5130 52 .02 PoLO .00 f9 40A5 Phase 5-Subtotal Hrs= 0 40 44 40 0 0 124 Phase 5-Subtotal Costs= $0 $4.3731 $2.8511 $2,024 $0 $0 $9,248 Page 3 of cenawmn sucert selem. Fntl ERuent samvbr and Were Am.Upgrades A N5 COST M4TRIX Task Item Labor Hours Total Cost per Principal Pro M r Pro En En Inaer Technician Summon Hours Task Burden Rate Raw Rate♦Somm .fin, 116.6a 1—re ]930 50.60 one. d6]0 Phase 6-CLOSE4WT Task6 L Flnal lnz ac4m a 4 6 4 0 0 12 ..a..,Coll= So WTJ4 $316.W 5303.W WW $0.On W9 12 Task Its-Romrd numo s 0 26 32 66 120 0 240 kindest C091= .h1.W 2826.0$ E2536A0 $3236.1. $]392.53 W.W $15.]89.10 TasF 63Flnal E10 0 2 4 9 0 a 14 SuMdel Cost= WA3 $21867 $316.W $d04.T8 $0.W W. $me 24 TOM 64.L—om Learned 0 4 4 6 0 0 16 SubloolCm1= W.W $43714 OWN $404.16 $0.00 W W $11.of Task 6.5-Rd Mana amen) 0 16 6 0 0 0 24 Subtotal CmM1 W.W $I749W III W.Oa W00 W6a 0 0 o a a a 0 .Wed oeI• W.O3 m.W W.Iro W.00 W &J.aO W.00 o a o 6 a o 0 Sulack, h WA WMI WIWI WW HI.W EO.CU W.W 0 a 0 0 0 0 0 6ubklel Cml= WW W00 .F. so,W Won Se. WOa o au O 0 0 a 0 .be cotl= $OW WWI WuL, s000 11 Wao IIIWLa sO.W closaAutserrlon-$tihbfilmana- -0 - WI WB CloeaOu[$arvkas-$uMolalCmF- W... $5466.]B X113.60 $6250L3 W.M,asl Man Phase 6-Subtotal Hrs= 0 501 52 841 120 0 306 Phase 6-Subtotal Costs= $0 $5,467 $4,1181 $4.250 $7,393 $0 $21.220 Page 4 of Relum to Agenda Repod Construction Support Services Final Effluent Sampler aM Bustin,Area Up9rWd- Protect No.J-110 AECOM COST SUMMARY Cost Total Coat Teak item Pro En .Arab Sr.En, E rlBn r Jt En r. Technician Support Total Hours pot Task BUNG HRate IRaw Rate+Beref05.Vor $ 100 E 120.63 $ at'. E 66.68 $ 5A80 $ 41.82 Total M1oun for Ph .. A 154 145 93 0 20 638 Pliva 4-Sub-Tobl Co et= E 24,246 E 19.193 E 12.429 5 6201 S S 836 S 62,906 S 62,906 Taal hours for Phase $ 0 E - S 16 $ - $ - 5 24 Phase S-SutrToUWCmla E S. $ - S 1.3>1 S - 3 - 5 - S 2,3]0 E 2.230 Total hours for PM1 -6= 51 45 1" 4 200 0 4M Phase 6-SubTOUl Cost= E 5,4T2 E 5,608 E 12.313 E 26] $ 10.959 S . $ 34,649 $ M.649 Total 1-20HOun for ALL Phewc 2T] 193 209 97 200 20 1002 Total burdened Labor Cast.f f 29,]18 f 24,801 f 24.T12 $ 6,468 S 10,969 S 06 E 99.785 Overhead as a p ones of Total Sudeten Labor Cost 88.00 $ 95.T93 Prato as a percent Of Total Budemtl teMr Cosl+Overbea! 10.03 $ 19,558 Total labor CAR,If $ 215136 PHASE 5 6 ODCs RepWuciWe Dermas S 0pmi9M Mai Ddisery6 Massergp Service 5 - E S Prkiln9 S $ TonsemMbb S - S E Tmvelirg Fapar6m tMia e) $ 1.03- $ 50 E 100 $ 1.150 5 E E 6ub[obl-OCLe= E L000 f 50 E 100 f 1.1W PH 5E 4 5 6 Subeensu0ads Dedxlstal)Ninsv antl Move) - $ S E S - S E - E S - f S - E E - E E E E - E E E E E Subtotal Subcaneulianis= TOTAL COST= S 218RB8 page I M 5 Flnu Euu.mymo4r s,d eu0meArt uPm.a.. ngsaNJ.tto AE COST cau cosr uAmu Tesk Item hear Hours Toots Cost wr r En tlRrtk SeE tn,..Ow Jp En r. S Hmv Taek M1 STr 1 s 1 ] 3 5.>3 3 0". STe 0 S Pnne 4RCOPSIXIICTIOx AND HSTALLLTIOP SERVICES 111,f-InitlalP --,. v I-CO..—R..lff IN.-tol C 0 EVNMeI Weh IOW 30.W SOW WAtl Tmx 11 z-N-O— Mrll iIos SO 00 O.0 C sulmbl GeV SOW So W so W N W n. To to s0 Co Too 43155vpnlMN I 0 C S.Oa,- Lz9.11 y9653 SOW NW SOW to to 191180 Y bumwel C-e SB Sit Is yd08.. S],SO SoW {OW SO.W 51561E B1 11 J33-RssuEmanWSr O SO 19 M W W SVEmbi CO., SS 10.5.1n SE191 So SOW TYA3- urt Iomwnv HFls eR l5 1S dE 100 subm CO . 3J83+.B3 ss WO S 3]S5+3s STM OW SOW 117 11 Is Ae..ol MMIl Ism Ors Cn. r . So S] smmul Cool 3] lest U.I.So nsa uWOA+ SOW s++Ex911 IS E-SMVYM1.1 P eMNBY0PrvMxMY e Tu4As.1-W 0 W 0 sunmul Coe Sono soW bWput It 1.1 wm.2-NawnO .Cvm 0 suemml LveY- SOWSo W soW so SO. A Do o00 W Is sa-.1S OlsxryY Cw 0 0 S..Cwh MW oW SOW .W SOW JM sne Mw�iry A So n10 10 So bW p 4 1S1.W SWl.li 5666.8E O W WW 4. srbuemnwNm Fr iaOb 0 0 0 submrtl 16228 Cmv 1S1W SOW So to EO.W n SOW IS 0,.G.r- u i�L 35]]I6 W wW 1.u-F.m^ L a a s�mwwh s1E9.0 W Ogs,swnvllbmgy irb m. acW emW O GeY- 3A23.11 SOW WW W W W W SO SO 34E914 TwMAII-E+, O LoP� 0 S..Cot, SOW sold sO.W SOW St. 0W 000 Task as. l Hot e rY 0 0 O sunmrvl C-o- SOW O W S 5oW SO s0W SOW P bolos.. 410.1-Ga mest toostly Playe s0mosoostoo MbuN O 0 O O O svumrel Gsh SOW soW sOWSoWSU EO.W sold 4102-FO,mvessssoot a s S—.Gee SO W soW So. SO.W CO. 0 A13-s— M o 0 u I. 41 U.cosh o W .W u]sx 129E2W a L o a U.Wv So So 0W W.W SO.ao SOW a o n a n W SO So So Is Son xiW sow a o 0 mYl Cato- .0 ow WW So IT IS. N.W IS S o 9 C.I...G.1= bW ]o9 WW So Oo soao SOW SOto c<rwulmmam.wwm xlm 1a o a sa ex CanNUWm-d Issts—BeMu-SuHMtl Leh M 3f919].0E 13 Eo91 se 1.4 1 Phase 4-Subtotal Hm-1 U61 Iml 1451 931 Ol 201 630 Phase 4-Subtotal Cosft=l $24,2461 $19,1931 512429 $62111 $0 $836 $02906 Pe9e Ea15 GmeWCRn SUPVut EerrvMY Fnel Emu.nlsemPwnlw No.J-..UlnPaeaita llPmaaes ReW m to Aaenda Report PmIB{Y nEcaN con uaTau Task Rom Labor Hours Total Cost par Pe En U. finE En Nn . JCEnc TttOnlchs Su pkss. Rah .I.I esaemllm. $ 0)2B f 4lfi] BS.R 66. f SaBD M82 pM1tee S-CGMMISSIGNIXG SE0.VILE9r )ask 51.Ldnmisslm I.T. Is RoceClrt� B Is D 0 24 $u4b1aILM1= EBSa 20 $000 $1.311 d) W. SO 00 W $2229.)< .s.2 Teinin NO$UPFgRM1om MYYu 0 0 0 0 0 0 0 SuElalalLml= .DO .00 W.W $0W W,w S000 SO OD 1053.ROecl Mana menl 0 0 0 0 0 0 0 0 0 o a 0 D s sM wa= W.00 $O.DD $D.DO m.00 WOO 50.00 so.0o 0 0 0 0 0 0 0 swwr - $0.a0 SOM $o.00 WOO WOO $0.00 SOM 0 0 0 0 0 o D s.IsssM psl= so oo m.00 m.Do m.ao m.00 $oon m.DD D D a o a D D sunwicoan $0oD $000 $0.0o map E0.0a sOOD s0.00 D p D D D D D suelwlLml= $000 ma0 m.00 sO.W $0oD 50.00 ma0 commmina amv¢n-aemtw-aweNN xn= a o to o o a u crs.n wuwlcaer- fpm.v t rur m.ao mm map as Phase 5-Subtotal Hrs—I 81 ol ifi ol ol 0 2A Phasa 5-Subtotal Costs= $8581 s0 $7377 $01 $0 $0 $2230 Pape3as CpnaWNon9up00e9al— FInMEMuent6nmpkr RalN o.J0 BUl1 aae up0mees 11 PECOmc HOST MPTPI% Task Item Labor Hours Total Cost per Pm En tlM[E Sf.En C En fNe f L.En . Teebnklan nappor Tank Burnan Pala a.an. an..,, 10]38 IIe.6] NA3 Gads S+JO MA2 PM1aee 6-CLOSEaVT Tana B.1-Fnal an ection o 0 0 0 sub"caar N0o $Ha0 .00 $o.ao sax. $9e9 so 69 Turn 62-Pawe LY— a a0 +a 1M 200 a uN Hubbtal CaM1 91 91.39 HN3]0 $12.3.19 U. 91095910 Wan Au ll.96 TaH 6.3�FmM EID B 2 < 0 1+ subblelCaP N5838 f2<9.26 N.00 8268I3 Sp op W.CO s1 J)d 2] Taa6,4-Lesmns Lnamee 3 3 a 6 Hu.C. W2,as N E0.00 woo $0.00 N00 N95)a Tan,66- Mana amanl 0 0 0 sub.CaF 00 SOM N.00 moo 60W X. o a o 0 0 0 0 6u01WI Con, N.N Man $0.00 6000 30.W $0.1 N_00 0 0 0 0 0 0 0 .I.cask N.Oo Nao N.00 sa.no $om So. s000 0 0 0 0 0 0 0 Snapp.. $0.0a s000 SO.N N.00 an m.LO $o o 011 21 91 ul 0 0 sublaal Cost- wool woo s0.00 N.00 s000 5000 S0.0o Cl 511 an 1M + $N 0 4N Cleea-0ul sefrlcee-9ublodl Cone $ ul'o $SNB]B $13 ,19 NN.)l $109N311 noun, H6N.99 Phase 6-Subtotal Hrs=l 511 45 144 41 20010 444 Phase 6-Subtotal Costs= $5,472 $5 608 $12,343 $267 $10,959 $0 $34 649 page a o15 Construction Support Services ReWm to Aaerda Report Final Effluent Sampler Building and Area Upgrades Project No.J-110 AECOM COST MATRIX RATE(Raw CATEGORY RAW RATE FRINGE BENEFITS Rate+Fringe) Proj. Engr/Arch $ - $ - $ 107.28 Sr. Engr. $ - $ - $ 124.63 Engr/Dsgr $ - $ - $ 85.72 Jr. Engr. $ - $ - $ 66.68 Technician $ - $ - $ 54.80 Support $ - $ - $ 41.82 $ $ $ $ $ $ S $ $ Page 5 of 5 OPERATIONS COMMITTEE Meeting Date TOBd.of Dir. 121031" 12/1]/14 AGENDA REPORT emNumber ItemNumbe Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2, PROJECT NO. P2-92 GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Consultant Services Agreement with Brown and Caldwell to provide construction support services for Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, for an amount not to exceed $4,798,328; and B. Approve a contingency of$479,833 (10%). SUMMARY The Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, will replace dewatering facilities that have reached the end of their service life. Based on the Long Range Biosolids Master Plan, a newer dewatering technology, centrifuges, will be utilized to reduce biosolids disposal costs. The project will also incorporate odor control improvements to contain and treat odors associated with dewatering and truck loading. Brown and Caldwell designed the project. Brown and Caldwell's engineering support services are needed through construction as a continuation of services through the completion of the project. The proposed services will be provided on an as-needed basis and will include reviewing submittals, answering Contractor's requests for information, reviewing design changes, preparing record drawings, and assisting in closeout of the project. Staff negotiated with Brown and Caldwell for these support services in accordance with the Orange County Sanitation District's (Sanitation District) adopted policies and procedures. A review of the proposed price was conducted using estimated quantities of requests for information, submittals, meetings, site visits, change order review, and design revisions, as well as the level of effort to prepare record drawings. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services. Staff recommends approving a Professional Consultant Services Agreement with Brown and Caldwell. PRIOR COMMITTEE/BOARD ACTIONS N/A Page 1 of 2 ADDITIONAL INFORMATION N/A CECIA 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. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Line item: FY 2014-15 and 2015-16, Section 8, Page 71) 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.coml with the complete agenda package: Professional Consultant Services Agreement JM:dm:gc Page 2 of 2 Return to Mends Report PROFESSIONAL CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 17e day of December, 2014 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and Brown and Caldwell, for purposes of this Agreement hereinafter referred to as "CONSULTANT'. WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2, PROJECT NO. P2-92; and, WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and, WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the SANITATION DISTRICT Board of Directors' Ordinance No. OCSD-44 Section 4.03(B)for the continuation of services and has proceeded in accordance with said procedures to perform this work; and, WHEREAS, at its regular meeting on December 17, 2014 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to SANITATION DISTRICT Board of Directors' Ordinance No. OCSD-44 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. PCSA PROJECT NO.P2.92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 1 of 18 C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of thirty (30)calendar days during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT. E. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 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 Four Million Seven Hundred Ninety-Eight Thousand Three Hundred Twenty-Eight Dollars ($4,798,328). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum set forth in Attachment"E" - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits)actually paid by CONSULTANT PCSA PROJECT NO.P2.92 Remed 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 2 of 18 Return to Mende Report charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees' work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment"E"- Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment"E"- Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment"E" - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Suboonsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION PCSA PROJECT NO.P2.92 Remed 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 3 of 18 DISTRICT receipts and other documentary records to support CONSULTANT's request for reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 -COMPENSATION above. G. Reimbursable Direct Costs The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment"D"-Allowable Direct Costs to this Agreement. The reimbursement of the above mentioned expenses will be based on an "accountable plan" as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a "per diem" component approved by IRS. The most recent schedule of the per diem rates utilized by the SANITATION DISTRICT can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#. The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. The SANITATION DISTRICT shall apply the most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or"per diem" as deemed the most practical. CONSULTANT shall be responsible for returning to the SANITATION DISTRICT any excess reimbursements after the reimbursement has been paid by the SANITATION DISTRICT. Travel and travel arrangements—Any travel involving airfare, overnight stays or multiple day attendance must be approved by the SANITATION DISTRICT in advance. Local Travel is considered travel by the CONSULTANT within the SANITATION DISTRICT general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of the SANITATION DISTRICT based on reasonableness of meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of the SANITATION DISTRICT. Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. PCSA PROJECT NO.P2-92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 4 of 18 Return to Mende Report Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment"D"-Allowable Direct Costs of this Agreement. H. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT's Proposal will exceed the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's invoice and monthly progress report. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 -AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2- COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a per-project-element basis. 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: PCSA PROJECT NO.P2-92 Remed 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 5 of 18 i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 -COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission PCSA PROJECT NO.P2.92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 6 of 18 Return to Mende Report of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT intends to employ employees who will perform work during the design and preconstruction phases of a construction contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. 6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed. All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement allses upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General I. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels PCSA PROJECT NO.P2.92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 7 of 18 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. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of PCSA PROJECT NO.P2-92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 8 of 18 Return to Mende Report One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier'SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than One Million Dollars ($1,000,000)with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The PCSA PROJECT NO.P2.92 Remed 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 9 of 18 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. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, Div. 260, and shall be received by the SANITATION DISTRICT not less than thirty (30)days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. I. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. J. Separation of Insured PCSA PROJECT NO.P2.92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 10 of 18 Return to Aaenda Report All liability policies shall contain a "Separation of Insureds" clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. O. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 8. SCOPE CHANGES In the event of a change in the Scope of Work, requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this PCSA PROJECT NO.P2-92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 11 of 18 Agreement, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT's project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 - COMPENSATION. There shall be no substitution of the listed Subconsultants and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT's personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer. Such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, 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. PCSA PROJECT NO.P2.92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 12 of 18 Return to Aaenda Report 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Natasha K. Dubrovski, Principal Contracts Administrator Copy: Jeff Mohr, Project Manager Notices shall be mailed to CONSULTANT at: Brown and Caldwell 18200 Von Karmen, Suite 400 Irvine, CA 92612 Attention: Dan Bunce All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT's staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13- NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the PCSA PROJECT NO.P2.92 Remed 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 13 of 18 SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2)future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PCSA PROJECT NO.P2.92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 14 of 18 Return to Mende Report 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, consultants, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses including without limitation, attorneys'fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and the SANITATION DISTRICT's general and administrative expenses (individually, a "Claim", or collectively, "Claims") which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from: (A)the sole or active negligence or willful misconduct of the Indemnified Parties; or (B)a natural disaster or other act of God, such as an earthquake; or (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 PCSA PROJECT NO.P2.92 Remed 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 15 of 18 The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 25. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30)days of receipt of notice of Agreement closeout. Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall commence a closeout audit of the Agreement and will either: i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT's cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. PCSA PROJECT NO.P2.92 Remed 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 16 of 18 Return to Mende Report Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance. Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT's request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or agreement with, the CONSULTANT's request for final Agreement Acceptance. 26. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PCSA PROJECT NO.P2.92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 17 of 18 IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: BROWN AND CALDWELL By Date Printed Name &Title ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Maria Ayala Clerk of the Board Date By Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment"A'—Scope of Work Attachment"B"—Labor Hour Matrix Attachment"C"— Not Used (or Not Attached) Attachment"D"—Allowable Direct Costs Attachment"E"—Fee Proposal Attachment"F"— Not Used (or Not Attached) Attachment"G"— Not Used (or Not Attached) Attachment"H"— Not Used (or Not Attached) Attachment"I"—Not Used (or Not Attached) Attachment"J"—Not Used (or Not Attached) Attachment"K"—Hourly Rate Schedule for Minor Subconsultant NKD:ms PCSA PROJECT NO.P2.92 Revised 060214 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO.2 Page 18 of 18 Return to Mende Report ATTACHMENT "A" CONSTRUCTION SUPPORT SERVICES SCOPE OF WORK Sludge Dewatering and Odor Control at Plant No. 2 Project No. P2-92 SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 1 of 18 TABLE OF CONTENTS I. SUMMARY.............................................................................................................................4 It. PROJECTSCHEDULE..........................................................................................................4 III. PROJECT IMPLEMENTATION.............................................................................................4 PHASE 1 —PROJECT DEVELOPMENT—COMPLETED ..............................................................5 PHASE 2—PRELIMINARY DESIGN-COMPLETED....................................................................5 PHASE 3-FINAL DESIGN—COMPLETED...................................................................................5 PHASE 4—CONSTRUCTION AND INSTALLATION SERVICES..............................................5 Task 4.1 —Project Management..................................................................................................5 Task 4.2— Initial Project Meetings...............................................................................................6 Task 4.3—Submittal Reviews.....................................................................................................8 Task 4.4—Request for Information (RFIs)..................................................................................8 Task 4.5—Contract Document Modifications, Design Changes, and Change Orders................9 Task 4.6—Construction Progress Meetings and Site Visits......................................................10 Task 4.7—Contractor's Baseline Schedule Review..................................................................10 Task 4.8—Geotechnical Support Services ...............................................................................10 Task 4.9—Design Drawing Updates for Selected Vendors ......................................................10 Task 4.10—Participation in Factory Witnessed / Demonstration Testing.................................10 Task 4.11 —Design Drawing Updates.......................................................................................11 Task 4.12 - NETA Testing and Protective Device Settings and Report Review........................11 Task 4.13 - Electronic Transient Analysis Program (ETAP)......................................................11 Task4.14—Vibration Analyses.................................................................................................12 PHASE 5—COMMISSIONING SERVICES...............................................................................12 Task 5.1 - Commissioning Team Meetings...............................................................................12 Task 5.2- Personnel Training ...................................................................................................12 Task 5.3- Commissioning Support ...........................................................................................13 Task 5.4- Operations Manual and Procedures (OMaP)...........................................................13 PHASE 6—CLOSEOUT............................................................................................................13 Task 6.1 — Final Inspection and Punch Lists.............................................................................14 Task6.2—Record Drawings.....................................................................................................14 Task 6.3—Project Management................................................................................................15 Task 6.4—Truck Loading Bay Odor Control Closeout Assistance............................................15 SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 2 of 18 Return to Agenda Report IV. STAFF ASSISTANCE..........................................................................................................16 V. QUANTITATIVE ASSUMPTIONS .......................................................................................16 SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 3 of 18 I. SUMMARY Provide construction engineering support services for the construction and installation, commissioning, and closeout for Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92 and for Truck Loading Bay Odor Control, Project No. P2-92A. Quality Assurance/Quality Control (QA/QC): CONSULTANT shall administer a program of QA/QC procedures for producing quality work and shall effectively manage and control the work and work products provided by the CONSULTANT. Specific procedures shall include but not be limited to planning, coordination, tracking, checking, reviewing and scheduling the work. CONSULTANT shall subject all work products prepared by the CONSULTANT to the CONSULTANT's in-house QA/QC procedures prior to submittal to OCSD. QA/QC hours and costs shall be incorporated into other tasks within this Scope of Work. If. PROJECT SCHEDULE The schedule for the services specified in this Scope of Work shall be provided per the construction contract schedule, and the following schedule constraints: Task(s) Period of Performance Submittals As described under task titled "Submittals" Requests for Information As described under task titled "Requests for Information (RFIs)" Record Drawings Draft Record Drawings shall be submitted to OCSD within 16 weeks of receipt from OCSD of the approved Contractor's As-Built drawings for P2-92. The Final Record Drawings shall be submitted within 8 weeks of receipt of OCSD comments on the Draft Record Drawings. For P2-92A, draft Record Drawings shall be submitted within 8 weeks and final Record Drawings within 4 weeks. III. PROJECT IMPLEMENTATION All Orange County Sanitation District(OCSD) projects are divided into six (6) phases. CONSULTANT shall provide engineering support services for Phase 4—Construction and Installation Services, Phase 5 Commissioning, and Phase 6—Closeout. Phase 1 — Project Development— Completed Phase 2— Preliminary Design — Completed Phase 3— Final Design — Completed Phase 4— Construction and Installation Services Phase 5— Commissioning Services Phase 6— Closeout SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 4 of 18 Return to Mende Report PHASE 1 — PROJECT DEVELOPMENT— COMPLETED PHASE 2 — PRELIMINARY DESIGN — COMPLETED PHASE 3 - FINAL DESIGN — COMPLETED PHASE 4— CONSTRUCTION AND INSTALLATION SERVICES OCSD will administer and provide field inspection for construction contracts. Construction and installation support services shall be provided by the CONSULTANT as requested by OCSD. CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01 for detailed requirements. CONSULTANT shall provide the key management personnel as described in their proposal on this project. CONSULTANT shall not reassign the key project personnel without prior approval of OCSD. OCSD may request reassignment of any of the CONSULTANT's or their subconsultant's personnel, based on that individual's performance. For all services, Consultant shall refer to Engineering Design Guidelines,Chapter 01 for detailed requirements. For purposes of the proposal, CONSULTANT shall include labor-hours and fees in the proposal for appropriate personnel classifications to perform the following tasks: Task 4.1 — Project Management CONSULTANT shall be responsible for detailed management of the project, including managing its subconsultants, and shall keep OCSD apprised of the status of the project. CONSULTANT shall conduct monthly project management meetings with OCSD's Project Manager via conference call. These meetings shall be attended by OCSD's Project Manager and CONSULTANT's Project Manager at a mutually agreeable time. The purpose of the meetings shall be to review the CONSULTANT Project Managers progress report and the status of the project scope, budget, and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted shortly prior to or at each meeting. Consultant shall prepare and submit monthly invoices to OCSD no later than the first Wednesday of the following month. The invoices shall document the man-hours and billing rate for each person that works on the project for each task in the WBS. Overhead, profit, and any direct costs shall also be shown for each task. As part of the summary section of the invoice, Consultant shall also include the following information: • Budget • Current billing period invoicing • Previous billing period "total invoiced to date' • Budget Amount Remaining • Current billing period "total percent invoice to date' • Current billing period "total percent completed to date" SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 5 of 18 The cost component breakdown for each element above shall match that of the PDSA. The monthly progress report and project schedule shall be submitted with the project invoice as part of the monthly request for payment. Consultant shall also provide the percent budget spent for each of OCSD's WBS cost codes (i.e. by work package and phase). OCSD shall provide a list of cost codes by phase to the Consultant. Consultant shall also provide a summary of progress and expenditures to date as described in Exhibit A-1. OCSD will provide a sample invoice structure to Consultant at the beginning of the project. Task 4.2— Initial Project Meetings a. Construction Hand-Off Workshop CONSULTANT shall participate in a 2-hour Construction Hand-Off Workshop. The purpose of the workshop is for the CONSULTANT and OCSD design teams to transfer project-specific knowledge to the OCSD construction management and inspection staff who will be managing and monitoring construction. Topics that might be covered in this meeting include the following: • Overview of objective of the project • Review of project elements • Review of sequencing constraints • Key issues to be addressed during construction • Identification of risks and discussions of contingency plans The workshop will be led by OCSD's Project Engineer. CONSULTANT shall include its Project Manager, and Project Engineer as a minimum. b. Submittal Review Procedures The purpose of the Submittal Review Procedures is to review the roles and logistics for review and approval of Contractor Submittals for P2-92. The CONSULTANT Project Manager and Project Engineer shall attend in person. c. Preconstruction Conference CONSULTANT shall participate in a 2-hour Preconstruction Conference for P2-92 attended by OCSD staff, CONSULTANT, the Contractor, subcontractors, and vendors. This meeting will be scheduled and presided over by OCSD. In this meeting, OCSD Resident Engineer will describe CONSULTANT's role in the project as the Design Engineer and the services CONSULTANT shall provide during construction. OCSD will prepare meeting minutes and CONSULTANT shall review and comment on the minutes. d. Pre-Submittal Meetings CONSULTANT shall attend the presubmittal meetings specified for the following specification sections: SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 6 of 18 Return to Mende Report 1. Section 01450 - Quality Assurance/Quality Control Program (4-hour duration) 2. Section 01810 -Commissioning 3. Section 02050 - Demolition and Salvage 4. Section 02396 -Soil Improvement Using Deep Soil Mixing 5. Section 11002 - Rigid Equipment Mounts (4-hour duration) 6. Section 11301 - Horizontal Nonclog or Nonclog Mixed-Flow Centrifugal Pumps (4-hour duration) 7. Section 11365 - Dewatering Centrifuges 8. Section 11375 - Dewatered Sludge Piston Pumps 9. Section 13260 - Biofilter Open Air Plenum (4-hour duration) 10. Section 13300 -Ammonia Scrubber System (4-hour duration) 11. Section 14630 - Bridge Cranes (4-hour duration) 12. Section 15000 - Piping, General 13. Section 15096 - Pipe Hangers and Supports 14. Section 15097 -Seismic Restraints for Piping 15. Section 15856 -Centrifugal Fiberglass Reinforced Plastic (FRP) Foul Air Fans 16. Section 16340 - Medium Voltage Switchgear 17. Section 16430 - Low Voltage Switchgear 18. Section 16480 - Low Voltage Motor Control Centers 19. Section 17405 - Process Instrumentation and Control 20. Section 17405 -Communications Cabinets (4-hour duration) 21. Section 17406 - Network Components (4-hour duration) 22. P2-92A Section 01810 -Commissioning 23. P2-92A Odor Control Equipment 24. P2-92A Section 17405 Process Instrumentation and Control In addition, CONSULTANT shall attend submittal review workshops for the following specification sections. The purpose of these workshops is to discuss issues associated with a SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 7 of 18 shop drawing submittal either immediately after the submittal is received, and/or after the submittal has been reviewed by all parties. These meeting shall be held at OCSD offices. Spec Upon Submittal Upon Submittal Section Receipt Review 01810 Commissioning (see Task xxx) (see Task xxx) 02396 Soil Improvement Using Deep Soil X Mixing 03300 Cast-In-Place Concrete X X 03432 Architectural Precast Concrete Wall X Panels 11365 Dewatering Centrifuges X X 11375 Dewatered Sludge Piston Pumps X X 11771 Packaged Aqueous Polymer X Blending Unit 15101 Valve Actuators X 16340 Medium-Voltage Switchgear X 16430 Low Voltage Switchgear X 16419 Variable Frequency Drives 100 hp X and Above 17405 Process Instrumentation and Control X X 17410 Programming by Contractor X X Task 4.3—Submittal Reviews OCSD will receive and log-in all submittals from the Contractor. OCSD will forward copies of selected shop drawing and submittals requiring CONSULTANT review. CONSULTANT shall review the shop drawings and submittals for conformance with the requirements of the Contract Documents and return the submittal review comments to OCSD within ten (10) calendar days after receipt of submittal. For submittals that have been identified in the project specification for a longer review period of 35 days, the CONSULTANT shall return the submittal review comments to OCSD within fifteen (15) calendar days after receipt of submittal. CONSULTANT shall return comments to OCSD allowing sufficient time for OCSD to incorporate all comments into a combined review comment set that OCSD will return to the Contractor. CONSULTANT shall accommodate occasional expedited reviews for time sensitive submittals. Submittals shall include but not be limited to shop drawings, vendor tests, certifications, and test reports. Some submittals will be made available only electronically (PDF). See"Quantitative Assumptions" in this Scope of Work for the number of submittals. Task 4.4— Request for Information (RFIs) OCSD will log in and forward to CONSULTANT certain RFIs generated by the Contractor or OCSD. CONSULTANT shall return written responses clarifying the requirements of the SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 8 of 18 Return to Aaenda Report Contract Documents to OCSD as soon as possible or within five (5)calendar days of receipt of RFI, unless otherwise agreed to by OCSD. CONSULTANT shall generate necessary sketches, figures, and modifications to the drawings for clarifications. When required to avoid schedule delay or additional construction-related costs, CONSULTANT shall expedite the review of time sensitive RFIs. If any changes to the Contract Drawings are required, the CONSULTANT shall prepare these drawings and submit them to OCSD as hand-marked PDF files, or if time permits, CAD'ed PDF files. The CONSULTANT shall update all AutoCAD drawings and specifications upon OCSD acceptance of any changes resulting from RFIs and change orders. CONSULTANT shall also allocate time for required efforts to analyze and provide input on issues that may arise on an ongoing basis. The assumption for the effort involved in weekly assistance shall be as indicated under"Quantitative Assumptions" in this Scope of Work. CONSULTANT shall also provide assistance and coordination with OCSD on Equipment and Instrumentation Databases (EIDs)and SCADA Access Tables (SATs). Task 4.5—Contract Document Modifications, Design Changes, and Change Orders If the Contract Documents require modifications, due to changed conditions, OCSD requested changes, omissions or design errors; CONSULTANT shall prepare preliminary change order documents and forward them to OCSD, as needed. OCSD shall review the proposed change and request CONSULTANT to incorporate any changes. OCSD will issue the change order documents in a formal Request for Proposal (RFP) or Field Change Order(FCO)to the Contractor. CONSULTANT shall forward design calculations and other design backup documents as necessary to OCSD. Any Contract Document that requires changes shall be identified with date of change and reference (RFI number, RFP number, FCO number, etc.)shown on the document. Changes shown on drawings shall be clearly marked and "clouded"for accurate identification of the scope of change by the Contractor and inspection staff. CONSULTANT shall maintain up-to- date Contract Documents. When a change is required on a contract drawing that has previously undergone a change, the updated drawing showing the previously-approved change shall be used as the base document to identify new changes. CONSULTANT shall submit complete change documentation to OCSD for use in RFIs, RFPs, and FCOs. This change documentation shall include plan drawings, schematics, details, schedules, and specifications, as required. In those cases where RFP or FCO drawings or drawing revisions are prepared by hand, typically due to time constraints, CONSULTANT shall make the revisions to the appropriate CAD files, including adding new sheets when required, within 10 business days of finalization of the RFP or FCO, unless otherwise agreed to by OCSD. Likewise, where Bulletins are issued to clarity contract documents, the CAD files shall be updated as well. In most cases OCSD will prepare cost estimates for changes in-house. When specifically requested by OCSD, CONSULTANT shall prepare cost estimates for certain changes. The CONSULTANT shall include an allowance for cost estimating as indicated under"Quantitative Assumptions" in this Scope of Work. SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 9 of 18 See"Quantitative Assumptions" in this scope of Work for the number of hours to be allocated for design changes and cost estimating assistance. Task 4.6—Construction Progress Meetings and Site Visits CONSULTANT shall attend construction progress meetings as requested by OCSD. The scope includes time for meeting preparation, travel time, follow-up, and review of meeting minutes. Progress meeting minutes shall be prepared by OCSD. CONSULTANT shall make field visits to assist in field problem resolution and design clarification/verification to help resolve construction issues as they arise and as requested by OCSD. CONSULTANT shall report the nature of the field site visits, the problem resolved, and identify staff requesting the site visit in CONSULTANT's monthly project report. OCSD will provide project inspection, except as required in other sections of this scope. See"Quantitative Assumptions" in this scope of Work for construction progress meetings and site visits. Task 4.7—Contractor's Baseline Schedule Review OCSD will review the Contractors baseline construction schedule and monthly updates for compliance with the specified schedule submittal requirements. The CONSULTANT shall review the Contractors baseline schedule to confirm that the Work Plan indicated in the baseline schedule is consistent with the specified sequencing constraints. The CONSULTANT shall meet with OCSD's schedule reviewer to discuss key aspects on the Contractor's Baseline Schedule. The CONSULTANT shall submit a memorandum describing any comments on the submittal. The CONSULTANT shall assume one resubmittal of the Contractor's Baseline Schedule for review. Task 4.8—Geotechnical Support Services The CONSULTANT shall provide assist OCSD in monitoring deep soil mixing for the project. OCSD will have primary responsibility for monitoring the construction work. The CONSULTANT shall assist in monitoring the work and compile a report of the data collected during the monitoring. The CONSULTANT shall also provide geotechnical engineering services as they may be needed during the course of the project. Task 4.9— Design Drawing Updates for Selected Vendors Section 01115 specifies the requirements and procedures for preparation of Vendor Conformed Drawings. The CONSULTANT shall provide the services specified for Engineers Responsibilities in that specification section. Task 4.10— Participation in Factory Witnessed/ Demonstration Testing The CONSULTANT shall attend the following Factory Witnessed / Demonstration testing: . Section 11365 Dewatering Centrifuges SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 10 of 18 Return to Mende Report • Section 11375 Dewatered Sludge Piston Pumps Travel related costs for CONSULTANT personnel will be paid for by the CONSULTANT and reimbursed by invoicing OCSD. Task 4.11 — Design Drawing Updates CONSULTANT shall prepare updated design drawings reflecting any changes to the Conformed Drawings resulting from the responses to RFIs and approved design changes. The updated drawings will include only the affected sheets and shall be submitted to OCSD in PDF format. The CONSULTANT shall also document updates required for the SCADA Access Tables (SATs) prepared for the project based on design changes and RFI responses. Required updates to the SAT will be provided by the CONSULTANT to OCSD for incorporation into the SAT. SAT updates shall be issued by OCSD on an as-needed basis. The CONSULTANT will finalize the SAT and EID files following publication of conformed drawings. OCSD will maintain primary ownership of the SAT documents after acceptance of the SAT and EID files. The consultant will notify OCSD of modifications to the SAT or EID as part of any contract document modifications by the Consultant. OCSD will coordinate updates of the SAT form contract document updates, vendor input, submittal review comments and updates resulting from programming efforts by OCSD or Vendors. Task 4.12 - NETA Testing and Protective Device Settings and Report Review The contractor will provide an independent, third-party NETA Testing Organization to perform electrical testing described herein based on the 2007 International Electrical Testing Association (NETA)Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems. The Consultant's assistance is not required to conduct or witness the testing, however, the Consultant is required to develop the setpoints needed to facilitate the contractor's testing as follows: • Consultant shall provide settings of adjustable/programmable protective devices within thirty days after all of the applicable contractor's submittals have been approved. • Consultant shall provide the setpoints in the ETAP format and all setpoints addressed either with a value, a "N/A" or if factory defaults are acceptable, an initial next to each factory default setpoint. Setpoints for VFD parameters shall be provided. • Consultant shall list all required software and hardware required to set or program devices. Consultant shall also review all electrical test reports performed in the factory or field will be submitted by the contractor. Equipment and components that have failed the test or indicate questionable test results will be identified by the Consultant and reported to the District. Task 4.13 - Electronic Transient Analysis Program (ETAP) Consultant will review and update the ETAP Database against submitted shop drawings and subsequent field adjustments documented in the FCO, acceptance testing and other as-built conditions. This review will include checking circuit breaker manufacturers and relay types, SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 11 of 18 actual cable lengths and conductor sizes, electrical equipment single line designations, tag numbers, motor horsepower nameplate ratings, transformer data and tags. Consultant will use the updated ETAP Database to prepare and submit a revised Protective Device Coordination Study and Are Flash Analysis to the District as described in Task 4.12. Task 4.14—Vibration Analyses The CONSULTANT shall retain the services of DynaTech Engineering to perform vibration analysis services, review of materials submitted by the Contractor and to perform field investigations as listed below. The fee estimate for each of these services shall be listed individually as some of these services may not be required should DynaTech be retained by the Contractor to perform vibration and rotor dynamic analysis required of the Contractor. 1. Review of centrifuge supplier's rotor dynamic analysis submittals. 2. Detailed analysis of Contractor's proposed centrifuge and its interaction of the machine with the structure. 3. Building mode analysis (on-site bump testing) and natural frequency determination at completion of construction, for verification of dynamic analysis assumptions. 4. Witnessing and analysis of lateral and torsional field vibration testing by Contractor. PHASE 5—COMMISSIONING SERVICES Task 5.1 -Commissioning Team Meetings The Consultant shall attend Commissioning Team meetings at OCSD request. The scope includes time for meeting preparation, follow-up, and review of meeting minutes. Commissioning team meeting minutes shall be prepared by the District. The Consultant will review and comment on the District prepared meeting minutes. See "Quantitative Assumptions" in this scope of Work for the number of meetings. Task 5.2 - Personnel Training Consultant shall develop and conduct a training program for the project. The training program will include both classroom and site orientation. The training plan shall be submitted 60 days prior to the start of the training. The Consultant shall arrange and coordinate with the Sanitation District's Project Manager and the Sanitation District's designated training provider. Generally, each operations training topic will be no more than two hours in duration per training day, no more than twice a week, and at a minimum will be offered to each of the four operations shifts (two days and two nights). Operations day classes will be scheduled between 7:00 am and 3:30 pm. All night shift classes will be scheduled between 6:30 pm and 8:30 pm. Each topic will be delivered on both a Tuesday and a Thursday for the day shift, and on both a Monday and a Thursday for the night shift. The intent of the training is to educate the Plant Operations staff on the basis of the design and the recommended modes of operation. SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 12 of 18 Return to Mende Report The Consultant shall develop a plan of action to provide the training services based on the Sanitation District's master project schedule. All training shall be completed prior to the first Reliability Acceptance Test(RAT)for that type of project element. The plan of action shall be submitted for OCSD's approval as a report, which summarizes the training activities and provides a master training schedule. The training schedules shall include the following: a detailed outline of the class content, discipline(s)to receive the training, instructors qualifications, and approximate time estimated for each subject covered. Task 5.3 -Commissioning Support The Consultant shall provide startup assistance during Functional Acceptance Testing (FAT) and Reliability Acceptance Testing (RAT). The purpose of the RAT is for the Contractor to demonstrate that the completed facility and control system are capable of operating continuously in the intended manner, for an extended period without failing. During the RAT, the system under testing will be operated within design parameters reflecting the day-to-day operation of the facilities for an uninterrupted period as specified in the construction contract documents. The RAT will be monitored periodically by the District. Consultant's operations staff member will provide process assistance to the District Operations Staff during commissioning events. See"Quantitative Assumptions" in this Scope of Work for the level of effort for this task. Task 5.4-Operations Manual and Procedures (OMaP) Consultant shall prepare Operation Manual and Procedures (OMaP)for the operators that shall completely describe the functionality of the system based on the control strategies, system and device features, general network configuration, and drawings. Specific requirements and standards for OMaP are addressed in Exhibit A-4. All features of the system shall be described for normal equipment operation, fail-over equipment operation, and emergency equipment operation. The appropriate OMaP files for the Plant No. 2 Sludge Blending Facility have been posted to OCSD's website, and should be used as the template for the organization and contents for this project. ftp.orsd.com \P2-89 OMaP\E1- Sludge Blending Facility\ Username: ftpreader Password: road4short Following commissioning, the Consultant shall address, resolve and/or incorporate any comments, additions or changes to the OMaP discovered during commissioning requiring revision and then resubmit for review and approval by the Sanitation District. PHASE 6—CLOSEOUT Closeout tasks include completion of punch list work by the Contractor, final inspection, completion of record drawings and electronic data. CONSULTANT shall submit a final invoice at the completion of the project. SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 13 of 18 Task 6.1 — Final Inspection and Punch Lists CONSULTANT's construction coordinator shall attend the final inspection job walk with the Contractor and OCSD staff. CONSULTANT shall make recommendations on the completion of the work including, but not limited to, completion of punch list items, site cleanup, leakage, and overall system operations. Each engineering discipline will be involved in the final inspection job walk. CONSULTANT shall assist OCSD in developing punch lists of items required to be completed prior to final acceptance of the project by OCSD. Task 6.2— Record Drawings When requested by OCSD, CONSULTANT shall inspect the Contractor's as-built drawings at the 75, and 100 percent of project completion to verify that the Contractor has included all relevant information from approved change orders and RFIs. As part of the review process, CONSULTANT shall verify that the Contractor's As-Built set correctly reflects the information included in the approved shop drawings, RFIs, approved Field Change Orders, plan clarifications, plan changes and other deviations from the conformed drawings, and that the information in the set is complete. Based on the findings, CONSULTANT shall prepare a written report on the completeness of the field markup set. After completion of construction, OCSD will transmit to CONSULTANT the Final Field Markup Set of drawings. At that time, the CONSULTANT shall meet with OCSD's inspectors and Resident Engineer to review the Contractor's Final Field Markup Set. CONSULTANT shall prepare Draft Record Drawings based on the Final Field Markup Set for all drawings in accordance with the requirements in the CAD Manual. The CONSULTANT shall submit the Draft Record Drawings to the OCSD Resident Engineer. The Draft Record Drawings will be reviewed for content and CAD Compliance by OCSD staff. A comment log will be returned to the CONSULTANT and, if any comments are generated, the CONSULTANT shall revise the record drawings and resubmit to the RE for review of the changes and acceptance of the record drawings. When no additional comments are identified, CONSULTANT shall prepare the Final Record Drawings and submit them along with the Contractor's field markup set to the Project Manager. All record drawings shall contain a stamp indicating: SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 14 of 18 Return to Mende Report "Record Drawings These record drawings have been prepared based on information provided by others. The Engineer has not verified the accuracy of this information and shall not be responsible for anv errors or omissions which may be herein as a result." The stamp shall optimally be placed in the bottom right hand corner of the border and may be included via x-ref. If importing the stamp via x-ref interferes with content in the bottom right hand corner, the stamp may also be placed in other open space along the bottom of the border. In addition, a note shall be placed over the engineer's seal stating that"This drawing was originally approved for construction by [name of engineer] on [date] and sealed by[name of engineer] a licensed professional engineer in the State of California No. [License number] ". CONSULTANT shall submit an electronic copy of the record drawings to OCSD for review and approval. The acceptance of the record drawings shall be deemed a condition for completion of work. Contractor-generated drawings described in the Design Guidelines and the shop drawings will not be updated by CONSULTANT. The format and quantities for delivery of the submittals shall be listed below: Contents Draft Record Drawings Final Record Drawings Hard Copy Sets 6 sets of bound 1 1x1 7 prints 1 set of bound 11x17 prints 1 set of unbound 22x34 drawin s rioted on paper. All related electronic files, One DVD One DVD including CAD and compiled PDFs Task 6.3— Project Management CONSULTANT shall also include project management support man-hours related to closeout activities per requirements stated in Phase 4, Project Management Task. Task 6.4—Truck Loading Bay Odor Control Closeout Assistance The CONSULTANT shall provide the Phase 4.6 services specified in Exhibit A-3. Costs for this subphase shall be tracked and reported separately from the other tasks in Phase 6. SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 15 of 18 IV. STAFF ASSISTANCE OCSD staff member or designee assigned to work with CONSULTANT on the construction phase of this project is Jeff Mohr at(714) 593-7308, e-mail to:jmohr@ocsd.com. V. QUANTITATIVE ASSUMPTIONS The assumptions listed in the following table below shall be the basis for the assumed level of effort. SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 16 of 18 Return to Mende Report Task Description P2.92 P2-92A Units 4.1 Project Management 64 18 months duration from Construction NTP to Construction Final Completion 4.3a Submittals—Shop 750 110 Original submittals Drawings 525 77 1-t Resubmittals 200 10 2nd and Later Resubmittals 4.3b Submittals— 4 1 Original submittals Commissioning Plans 4 1 tat Resubmittals 3 1 2nd and Later Resubmittals 4.3c Submittals— 35 5 Original submittals Equipment Service 5 2 1-t Resubmittals Manuals 1 1 2nd and Later Resubmittals 4.4 Requests for 700 50 RFIs Information 4.4 Weekly Assistance 3622 200 man-hours 4.4 EID and SAT 200 20 man-hours Coordination 4.5 Design Changes 320 40 man-hours 4.5 Cost Estimating for 40 0 man-hours Design Changes 4.6 On-Site Meetings & 208 20 person-visits Site Visits (not including meetings specified in Task 4.2) 4.11 Design Drawing 16 2 updates Updates 5.1 Commissioning Team 24 0 person-visits Meetings 5.3 Commissioning 256 8 man-hours Support Exhibits: Exhibit A-1: Monthly Progress Summary Exhibit A-2: Not Used Exhibit A-3: Not Used Exhibit A-4: Operations Manual and Procedures Content Requirements JM:dm SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 17 of 18 EDMS: 003985973/5.1a SCOPE OF WORK SLUDGE DEWATERING & ODOR CONTROL AT PLANT NO. 2 PROJECT NO. P2-92 Page 18 of 18 Return to Aaenda Rom ATTACHMENT "B" LABOR HOUR MATRIX ■n Return to Aaenda Report ATTACHMENT "D" ALLOWABLE DIRECT COSTS Return to Aaende Report ATTACHMENT "D" ALLOWABLE DIRECT COSTS LONG DISTANCE All long distance telephone charges incurred will be reimbursed as direct costs. TELEPHONE CHARGES Telephone charges to area codes serving Los Angeles, Orange, Riverside, and San Bernardino Counties will not be reimbursed. FACSIMILE TRANSMISSION Facsimile transmission charges will not be reimbursed, except the long distance toll CHARGES charges, as described above. In-house reproduction of records and documents will not be reimbursed by the REPRODUCTION AND SANITATION DISTRICT. Use of an outside copy service for specialty items and PRINTING CHARGES volume reproduction will be reimbursed at direct cost. Use of a professional printing service will be reimbursed at actual cost. OVERNIGHT MAIL DELIVER Use of Federal Express, Express Mail, UPS, or such similarly-related service, as AND MESSENGER SERVICE well as a messenger service,will be reimbursed at direct cost only when necessary. POSTAGE Incidental postage will not be reimbursed by the SANITATION DISTRICT. FILM PROCESSING Film processing will be reimbursed at actual cost. COMPUTER USAGE Computer use by Consultant and/or support staff will not be reimbursed. MILEAGE Per mile reimbursement will be at the current rate set by the Internal Revenue Service. TEMPORARY STAFF The use of outside temporary support staff will be reimbursed at direct cost with prior approval of the SANITATION DISTRICT. OFFICE SUPPLIES The purchase of office supplies by Consultant will not be reimbursed. The cost of lodging including room and all applicable taxes will be reimbursed on a per diem basis as an allowable maximum as established by U.S. General Service Administration. Lodging incidentals as defined by IRS are included in the per diem rates. Lodging personal incidentals including movies, Internet, laundry service, valet LODGING service, room service, etc.,will not be reimbursed. Receipts must be provided for the actual incurred cost. Cancellations of the hotel reservations by the Consultant must be per the hotel policy. Late cancellations,early or late departure will not be reimbursed by the SANITATION DISTRICT. The cost of ground transportation for taxi, shuttle, train, etc., will be reimbursed. GROUND TRANSPORTATION Limousine service will not be reimbursed. The Consultant shall use the most economic and practical mode of transportation that is reasonably available. PCSA PROJECT NO. P2-92 Revision 060414 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2 Page 1 of 2 Airline ticket cost including one bag will be reimbursed only if pre-approved by the SANITATION DISTRICT. First class tickets will not be reimbursed unless AIRFARE pre-approved by the SANITATION DISTRICT. Membership dues for corporate card frequent user programs or the cost of airline club membership will not be reimbursed. Rental car cost for intermediate or standard model, mid-size car(Class"C')or the AUTO RENTAL smaller car compatible with the specific need and rental car gas will be reimbursed. Receipts must be provided to substantiate requested reimbursements. Parking fees for hotel, airport, rail station, etc. will be reimbursed. Consultant shall PARKING FEE use the most economic and practical parking location as reasonably available. Excessive parking fees that are deemed unreasonable by the SANITATION DISTRICT will not be reimbursed. Travel meals will be reimbursed on a per diem basis as established by U.S. General Service Administration. Per diem rates include gratuities (tips)and will not TRAVEL MEALS be separately reimbursed by the SANITATION DISTRICT. Personal expenses such as cost of alcoholic beverages will not be reimbursed. No receipts are required for the approved meals. The daily total reimbursement for meals shall not exceed the SANITATION DISTRICT per diem rate which is available upon request. PER DIEM DAILY RATE FOR The SANITATION DISTRICT may utilize per diem daily rate that includes lodging, LODGING AND MEALS meals and incidentals(M&IE)as established by IRS and U.S. General Service administration for pre-approved travel when reasonable. RENTAL EQUIPMENT Consultant will be reimbursed at actual cost, no mark-up. Cost of miscellaneous personal items such as, but not limited to newspapers, toiletries, shoeshine, tobacco products, pay TV, movies,valet services, health club MISCELLANEOUS charges, in-room mini bars, clothing and footwear will not be reimbursed. ATM/bank fees incurred by Consultant while traveling will not be reimbursed. Costs for project team lunches will not be reimbursed unless pre-approved by the SANITATION DISTRICT. PCSA PROJECT NO. P2-92 Revision 060414 SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2 Page 2 of 2 Return to Mende Rom ATTACHMENT "E" FEE PROPOSAL Attachment E:Fee Proposal Form OCSD P2-92,Construction Support Services Brown and Caldwell Consultant Name: Brown and Caldwell Raw Labor Is 1,463,140 Fringe Rate (%X Raw Labor) 1 38.71% $ 566,381 Burdened Labor (Raw Labor+Fringe) $ 2,029,521 Overhead Rate (%X Burden Labor) 112.32% $ 2,279,558 Subtotal Burdened Labor+Overhead) $ 4,309,079 Profit of Subtotal 5% $ 215,454 Total Direct Costs,not to exceed $ 49,000 TOTAL-Brown and Caldwell Consultant Services,not W exceed: It 4,573,533 Major Subconsultant Name: Platl/Whitelaw Architects Raw Labor Is 36,785 Fringe Rate (%X Raw Labor) 1 27% $ 9,932 Wr Burdened Labor $ 46,717 Overhead Rate (%X Burden Labor) 123.00% $ 57.462 Subtotal Burdened Labor+Overhead $ 104,179 Profit (%of Subtotal) to% $ 10,418 Total Direct Costa,not to exceed $ 900 TOTAL-Major Subconsultan4 not to exceed: $ 115,497 Subeonsultants Under$100,000 Dynatech Engineering $ 41,500 Hughes&Associates $ 15,120 Kleinfelder $ 46,678 Shannon&Wilson $ 6,000 TOTAL-Subconsultants Under$100,000 $ 109,298 SUMMARY Brown and Caldwell $ 4,573,533 Major Subconsultant Platt/Whtelaw Architects $ 115,497 Subconsultants Under$100,000 $ 109,298 GRAND TOTAL for Consultant Services,not to exceed: $ 4,798,328 11710/2014 Return to Aaenda Rom ATTACHMENT "K" HOURLY RATE SCHEDULE FOR MINOR SUBCONSULTANT Proposal for Fire Protection Engineering Services OCSD P2-92 CPS PAGE 3 ATTACHMENT K 2014 HOURLY RATE SCHEDULE Senior Consultant/ Engineer $210 Associate Consultant/ Engineer $185 Staff Consultant/ Engineer $150 Consultant/ Engineer $125 Technician $95 Word Processor/Administrative $75 HUGHES ASSOCIATES KLEINFELDER 2014 FEE SCHEDULE PROFESSIONAL STAFF RATES' Professional............................................................................................................................ $ 112/ hour StaffProfessional.................................................................................................................... $ 125/ hour Project Professional................................................................................................................ $ 155/ hour Principal Professional.............................................................................................................. $ 175/hour Senior Principal Professional .................................................................................................. $ 2151 hour ProjectManager...................................................................................................................... $ 165/ hour Senior Project Manager.......................................................................................................... $ 2151 hour Designer/Drafter...................................................................................................................... $ 112/ hour Senior Designer/Drafter .......................................................................................................... $ 125/ hour Project Controls Professional.................................................................................................. $ 120/ hour Senior Project Controls Professional....................................................................................... $ 174/ hour TECHNICAL STAFF RATES Inspector/Technician............................................................................................................... $ 981 hour Construction Manager............................................................................................................. $ 150/ hour ADMINISTRATIVE STAFF RATES Administrator........................................................................................................................... $ 73/hour Project Administrator............................................................................................................... $ 107/ hour Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical and environmental engineers;industrial hygienists;geologists;hydrogeologists;hydrologists;and computer specialists. Hourly rates assume that other direct costs will be billed and reimbursed by the client. Kleinfelder reserves the right to adjust the fee schedule on projects where other direct costs are not reimbursed. Kleinfelder Fee Schedule 2013D Revised 06/2013 OPERATIONS COMMITTEE Meeting Date TOBd.of Dir. lV03114 12/17/14 AGENDA REPORT IternNumber ItemNumbe B Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: SUPPLEMENTAL ENVIRONMENTAL PROJECT FOR AIR QUALITY COMPLIANCE GENERAL MANAGER'S RECOMMENDATION Approve Settlement Agreement with South Coast Air Quality Management District for Supplemental Environmental Project or, in the alternative, a stipulated penalty of $240,000. SUMMARY In 2008 and 2010, the Orange County Sanitation District (Sanitation District) purchased and began using two diesel combo-flush trucks for sewer line cleaning without first obtaining approval of the South Coast Air Quality Management District (SCAQMD). Under SCAQMD rules, approval was required to use a diesel truck within the air basin instead of an alternative fuel vehicle. In lieu of a formal enforcement action (Notice of Violation and stipulated civil penalties), SCAQMD has offered the Sanitation District a Settlement Agreement proposing a Supplemental Environmental Project (SEP). The SEP states the Sanitation District will operate the existing hydrogen fueling station located at the Plant No. 1 entrance for a one-year period beginning within 30 days after notice from the SCAQMD that existing funding from the California Air Resources Board and SCAQMD has been exhausted. Because the continued operation of the hydrogen fueling station requires third party agreements, the Sanitation District may propose an alternative SEP if the necessary agreements are not secured. If SCAQMD and the Sanitation District cannot agree on an alternative SEP, then the Sanitation District would be required to pay a stipulated penalty of$240,000. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA This is not a project under CEQA. Page 1 of 2 BUDGET/PURCHASING ORDINANCE COMPLIANCE Necessary funding will be added to the 2015-2016 budget if required. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package. • Settlement Agreement with SCAQMD and OCSD JC:LR:jb:gc Page 2 of 2 Return to Aaenda Report SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into by and between the South Coast Air Quality Management District ("District' or "SCAQMD") and ORANGE COUNTY SANITATION DISTRICT ("OCSD") (collectively referred to as "Parties" or individually as "Patty") RECITALS A. The District is a political subdivision of the State of California created by the legislature to exercise responsibility for comprehensive air pollution control within Orange County and designated portions of Los Angeles, Riverside, and San Bernardino Counties, with its headquarters located at 21865 Copley Drive, Diamond Bar, California 91765-0940. B. OCSD is a publicly owned wastewater treatment works, with administrative offices located at 10844 Ellis Avenue, Fountain Valley, California 92708 ("Facility"), within the District's jurisdiction and subject to the District's rules and regulations. C. OCSD is subject to District Rule 1196 which requires public fleet operators to acquire alternative-fuel heavy-duty vehicles when procuring or leasing these vehicles within the District. A fleet operator may be permitted to purchase a diesel powered heavy-duty engine with an approved control device, if they are able to demonstrate that one of the conditions specified in section (e) of the rule exists. A technical infeasibility certification request must be submitted to the District no less than 60 days prior to the purchase or lease of the vehicle. D. The District alleges OCSD, in violation of Rule 1196, on February 7, 2008, acquired and began to operate a diesel combo-flush truck (VIN 1HTWXSBT695175319) and has operated the truck since October 20, 2008. OCSD acquired a second diesel combo-flush truck(VIN #1HTWNAZT6BJ389709) on June 7,2010 and has operated the truck since February 7, 2011. OCSD continued to operate the two combo-flusb trucks to service sewer lines located in OCSD's territory. OCSD never submitted a Technical Infeasibility Certification Request for the operation of either vehicle. E. SCAQMD was informed of the Rule 1196 violation on June 11, 2013. During a meeting held at SCAQMD on this date, OCSD staff revealed that two diesel-powered trucks were purchased around 2008 and 2009, subsequent to the Rule 1196 effective date. F. OCSD maintains that an altemative-fueled or gasoline-powered engine/chassis/ body configuration that met the duty cycle of the combo-flush trucks was commercially unavailable. G. OCSD submitted a Technical Infeasibility Certification Request on July 9, 2014 to obtain approval of the acquisition of a new diesel 2014 model year combo-flush truck. This truck replaced the existing diesel combo-flush truck (VIN 1HTWNAZT6BJ389709) that was acquired on June 7, 2010. Orange County Sanitation Districts - Settlement Agreement Page 1 of 5 Return to Mende Report H. Upon review of the alleged violations, District staff concluded that rule compliant vehicles were commercially unavailable at the time of vehicle acquisition of the diesel-powered combo flush trucks. Therefore, OCSD would have received an approval to acquire the diesel- powered combo flush trucks if a TICR was submitted prior to each vehicle acquisition, demonstrating to the Executive Officer that rule compliant altemative-fueled or gasoline- powered trucks were not commercially available as defined by the role. I. No Notice of Violation was issued as the result of the violations described above. The violations were self-reported by OCSD. A Notice of Violation is not a prerequisite to a prosecution for a violation of District rules. J. The alleged violations and matters which are the subject of this Agreement are limited to the following specific alleged violations and items: 1. Violations of Rule 1196 for the purchase and operation of two diesel powered vector trucks operated from February 7, 2008 and June 7, 2010, respectively, through the date of execution of this Agreement without first submitting a Technical Infeasibility Certification Request for prior approval from the SCAQMD for the purchase of the two vehicles. 2. No other violations or civil penalties are resolved by this Agreement. Nothing in this Agreement shall be construed to limit or excuse OCSD's duty to comply with its permits,plans, and with all applicable laws and regulations with regard to its operation of the Facility. The Parties enter into this Agreement with the intention of settling any civil penalties authorized by California Health and Safety Code Section 42400, et seq., for violations of Rule 1196 for the cited dates of violations on the terms and conditions set forth herein. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Effective Date. The effective date of this Agreement shall be the date upon which the last Party executes it. 2. Stipulated Penalty (Supplemental Environmental Project). A stipulated civil penalty in the amount of$240,000 shall be credited against the cost of operating and maintaining a hydrogen fueling station for a one-year period located at OCSD. The stipulated penalty credit of$240,000 shall be due and payable unless each of the following terms and conditions are fully and completely met by OCSD: a. Operate the hydrogen fueling station located at 10844 Ellis Avenue, Fountain Valley, California 92708, for a one year period beginning with notice from the SCAQMD that existing funding from the California Air Resources Board Orange County Sanitation Districts - Settlement Agreement Page 2 of 5 Return to Mende Report ("ARB") and SCAQMD has been exhausted. The SCAQMD shall provide notice of the exhaustion of existing ARB and SCAQMD funding at least thirty(30) days prior to the expected start date of operation by OCSD. b. Operation of the hydrogen fueling station requires contractual agreements to be made between OCSD, the fueling equipment owner (third-party), and the fuel provider. If third-party agreements needed to operate the fueling station cannot be reached by the time that SCAQMD provides the thirty (30) day notice in section 2.a above, OCSD will provide an explanation of why the third-party agreement could not be reached and shall propose to the South Coast Air Quality Management District an alternative Supplemental Environmental Project within thirty (30) days of the section 2.a notice above. If the District and OCSD are not able to agree to an alternative project within sixty (60) days of the section 2.a notice, then OCSD will pay the stipulated penalty within ninety (90) days of the section 2.a notice. 3. Proof of Requirement to Pay Stipulated Penalty. No later than seven (7) days after OCSD completes each item referenced in Paragraph 2, above, OCSD shall submit to the District (Attn: Dean Saito, Planning and Rules Manager — On-Road Section, Mobile Source Division, Science and Technology Advancement, Email: dsaitti a unid. ov a "Statement of Completion," signed by the highest ranking officer of OCSD, that the Supplemental Environmental Project required by this Agreement has been completed. The parties agree that if this Statement is not received by the District by such date and OCSD fails to present a certified receipt issued by the United States Postal Service evidencing delivery of the Statement to the District on or before such date, or if an inspection by the District reveals the Supplemental Environmental Project has not been completed or is not operational as of the date specified in Paragraph 2, above, OCSD will be required to pay the stipulated civil penalty referenced in Paragraph 2, above,no later than 30 days after the District's written demand. 4. Scone of Agreement and Release. Subject to the full, complete, and timely performance of the obligations agreed to by OCSD in this Agreement, the District hereby releases OCSD from any and all claims or civil penalties arising from violations and incidents of District Rule 1196 as specified in paragraph J.1. of this Agreement. 5. Compliance With Existing Laws And Regulations. Nothing in this Agreement shall be construed to limit or excuse OCSD's duty to comply with its Permits and with all applicable laws and regulations with regard to the operation of the Facility or its trucks. 6. Remedies for Breach. In the event that OCSD fails to timely complete the projects required by paragraph 2, above, or fails to comply with any other material obligation required by this Agreement, the District has the right to elect to deem this agreement null and void and commence and prosecute litigation based upon the violations set forth in paragraphs C through H, and the District shall be entitled to seek all appropriate relief, including civil penalties and other remedies such as injunctions to the maximum extent allowable under the law. 7. Successors and Assigns. This Agreement shall be deemed to obligate, extend to, and inure to the benefit of the Parties to the Agreement, and the legal successors, assigns, Orange County Sanitation Districts - Settlement Agreement Page 3 of 5 Return to Aaenda Report transferees, grantees, and heirs of each such Party, including those who may assume any or all of the capacities described herein. 8. Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to specific matters covered by this Agreement, and no other agreements, statements or promises made by any party or made to any employee, officer or agent of any party, shall be valid or binding with respect to said matters. This Agreement supersedes all prior proposals, agreements, and understandings between the Parties and may not be changed or terminated orally, and no change, termination, or attempted waiver of any of the provisions hereof shall be binding unless in writing and signed by the Party against whom the same is sought to be enforced. 9. Recital Incorporation. The Recitals are made a part of this Agreement as if they were fully written herein. 10. No Party Deemed Drafter. The Parties acknowledge that the terms of this Agreement are contractual and are the result of negotiations between the Parties and their respective counsel. Each Party and their respective counsel cooperated in the drafting and preparation of this Agreement. 11. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, unlawful, void or unenforceable, then such provision shall be enforced to the extent that it is not illegal, invalid, unlawful, void, or unenforceable, and the remainder of this Agreement shall continue in full force and effect 12. Authority To Execute. Each Party represents and warrants to the other Party that the signatories to the Agreement have been duly authorized to execute the Agreement on behalf of the entities identified below. 13. Governina Law. The validity, construction and performance of this Agreement shall be governed by the laws of the State of California, regardless of the choice-of-law provisions of California or any other jurisdiction. 14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original,but all of which shall constitute one and the same document. 15. Copies. The Parties may execute and deliver this Agreement by transmitting an authorized signature by fax or .pdf, and copies of this Agreement signed and delivered by means of faxed signatures or signatures in a .pdf document shall have the same effect as copies executed and delivered with original signatures. 16. Notices. All notices, requests, and other communications which may be given under or concerning this Agreement shall be made in writing and shall be deemed to have given when received. In each case notice shall be sent to: Orange County Sanitation Districts - Settlement Agreement Page 4 of 5 Return to Mende Report For ORANGE COUNTY SANITATION DISTRICT: [Title] ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, California 92708 Telephone No.: Facsimile No.: Email: For the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT: Veers Tyagi Senior Deputy District Counsel South Coast Air Quality Management District District Counsel's Office 21865 Copley Drive Diamond Bar, CA 91765-0940 Telephone No.: (909) 396-2306 Facsimile No.: (909) 396-2961 Email: vtvaei6baomd.eov IN WITNESS THEREOF, the Parties have executed this Agreement by their duly authorized representatives as of the date set forth below their respective signatures. SOUTH COAST AIR QUALITY ORANGE COUNTY SANITATION DISTRICT MANAGEMENT DISTRICT By: By: Veers Tyagi (Print Name) Senior Deputy District Counsel (Title) Dated: , 2014 Dated: , 2014 Orange County Sanitation Districts - Settlement Agreement Page 5 of 5 OPERATIONS COMMITTEE Meeting Date TOBdOrDlr. iW03/3a 121j, , AGENDA REPORT emNumber ItemNumbe 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: SLUDGE DIGESTER REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-100 GENERAL MANAGER'S RECOMMENDATION A. Approve a budget increase of $4,355,000 for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100, for a total budget amount of$62,892,000; and B. Approve a contingency increase of$4,355,000 (13%)to the construction contract with JR Filanc Construction Company for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100, for a total contingency of$8,375,000 (25%). SUMMARY This project provides for the rehabilitation of Anaerobic Digesters and Digester Sludge Holding Tank Nos. 5-16 at Plant No. 1 for the replacement of aging equipment, and improvement of solids handling capacity. The project was designed by AECOM Technical Services, Inc. and the construction contract was competitively bid and awarded to JR Filanc Construction Company in February 2010. Rehabilitation work includes cleaning, solids dewatering, transportation, and disposal of sludge, residual sand, and grit from the existing digesters. Structural rehabilitation work includes replacement or repair of existing liners for concrete domes, repair of concrete reinforcement/cracks to digester walls and domes, and repair of existing PVC liner on the ceiling and walls. Equipment rehabilitation includes sludge pumping, heating, structural supports, mechanical systems, and electrical and control systems. All work at Digesters 5, 6, 7, 8, 9, and 10 has been substantially completed. The remaining work in Digesters 11, 12, 14, 15, and 16 involves significant unknown condition risk in the volume of residual solids, concrete crack repair, and PVC liner repair. These risks are generally classified as unknown conditions or changes in quantities rather than errors and omissions. Much of the work will be performed at unit rates established at the time of the original bid. To cover any further unexpected field conditions or unknown conditions, staff has determined that the contingency budget of 12% is inadequate to meet the projected refurbishment needs of the facilities and allow the work to proceed without undue delay. Page 1 of 3 PRIOR COMMITTEE/BOARD ACTIONS February, 2013 — Approved a contingency increase of $1,340,000 (4%) to the construction contract with JR Filanc Construction Company for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100, for a total contingency of $4,020,000 (12%). February, 2010 — Awarded a construction contract to JR Filanc Construction Company for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100, for an amount not to exceed $33,500,000, and approved a contingency of$2,680,000 (8%). ADDITIONAL INFORMATION The P1-100 project includes rehabilitation of 12 digesters (Digesters 5-16) at Plant No.1. These digesters were built between the years of 1959 and 1993, and were last cleaned as indicated in the table below. Digester Year Built Most Recent Cleaning Prior to P1-100 5 1959 N/A - Holding 6 1962 N/A - Holding 7 1964 N/A— Empty 8 1970 N/A— Empty 9 1978 2003 10 1978 2003 11 1993 2007 12 1993 2003 13 1993 2009 14 1993 2004 15 1993 2008 16 1993 2002 The project has incurred roughly $3,223,972 of additional costs that corresponds to 80% of the approved contingency. There have been significant additional costs incurred on this project due to unknown conditions of the concrete walls and domes inside Digesters 7 and 8, unknown condition of the existing PVC liners on the ceiling and walls of Digester 13, repairs required for the cable liner holes at Digesters 9 and 10, fixing leaks in the bottom of Digester 6, completion of manway repairs in Digester 10, and miscellaneous structural, mechanical and electrical changes. It is anticipated that a significant percentage of these unknown conditions will be present in the remaining digesters that have yet to be rehabilitated. Furthermore, it is anticipated that additional contingency is needed to complete the cleaning and disposal of the residual material remaining in the digesters due to an unexpected higher volume of material being encountered. Page 2 of 3 Unknown conditions are a particularly large risk in digesters due to the harsh service conditions and the expense to clean and assess the structures during design. The large cost items generally have bid unit costs, but the quantities estimated in design were too low, especially concrete repair, material deposition, and lining system damage. The lessons learned in this project are being directly applied to the Plant No. 2 digestion project that is ongoing in planning. Rehabilitation work on the first pair of digesters (Digesters 7 and 8) started in April 2010, and due to the poor condition of the existing concrete, additional work was required to remove the existing liners, fix concrete cracks, and prepare the concrete surface for a new polyurethane coating. A budget increase is being requested to cover the additional estimated change orders to complete the project. CEQA This project was included in the Secondary Treatment and Plant Improvement Project's Subsequent Environmental Impact Report (SEIR) to the 1999 Strategic Plan Program EIR prepared by Environmental Science Associates and certified on May 25, 2005. A Notice of Determination was filed on May 26, 2005. BUDGET/PURCHASING ORDINANCE COMPLIANCE This request for increase in the project contingency complies with authority levels of the Orange County Sanitation District's Purchasing Ordinance. This item has been budgeted (FY2014-15 and 2015-16, Section 8, Page 65), but the budget is insufficient for the recommended action. These funds will be allocated to the project from the Replacement, Rehabilitation, and Refurbishment line item in the cash flow projections, FY2014-15 and 2015-16, Section 4, Page 16. Date of ADDroval Contract Amount Contingency 02/24/10 $33,500,000 $2,680,000 (8%) 02J27/13 $1,340,000 (4%) 12/17/14 $4.355.000 (13%) $8,375,000 (25%) RC:dm:gc Page 3 of 3 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) ICS Incident Command System IERP Integrated Emergency Control Plan LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District GOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency Glossary of Terms and Abbreviations SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or near the seabed, also know as the benthic zone. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) —A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Glossary of Terms and Abbreviations Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor becomes the DrT for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Glossary of Terms and Abbreviations Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.