HomeMy WebLinkAbout02-06-2013 Operations Committee Agenda Packet NOTICE OF MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Engineering, Operations & Maintenance, and Facilities Support Services
Wednesday, February 6. 2013 — 5:00 P.M.
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
The regular meeting of the Operations Committee of the Orange County
Sanitation District will be held at the above location, date and time.
OPERATIONS COMMITTEE BOARD
MEETING DATE MEETING DATE
02/06/13 02/27/13
03/06/13 03/27/13
04/03/13 04/24/13
05/01/13 05/22/13
06/05/13 06/26/13
07/03/13 07/24/13
AUGUST DARK 08/28/13
09/04/13 09/25/13
10/02/13 10/23/13
11/06/13 11120113"
12/04/13 12118/13'
JANUARY DARK 01/22/14
**Meeting will be held on the third Wednesday of the month.
ROLL CALL
OPERATIONS COMMITTEE
Engineering, Operations & Maintenance, and Facilities Support Services
Meeting Date: February 6, 201 Time: 5:00 p.m.
Adjourn:
COMMITTEE MEMBERS (14)
Tom Beamish Chair
John Nielsen ice-Chair
Keith Curry
Tyler Die
Steve Jones
Lucille Krin
Michael Levitt
Brett Murdock
Scott Nelson
Greg Sebourn
David Shawver
Fred Smith
Troy Edgar Board Chair
John Anderson Board Vice Chair
OTHERS
Brad Ho in, General Counsel
STAFF
Jim Ruth, General Manager
Bob Ghirelli, Assistant General Manager
Jim Herber , Assistant General Manager
Nick Kanetis, Director of Engineering
Nick Arhontes, Dir. of Facilities Support Services
Ed Torres, Director of Operations & Maintenance
Jeff Reed, Director of Human Resources
Lorenzo Tyner, Director of Finance and
Administrative Services
Maria Ayala, Clerk of the Board
Dean Fisher
Tod Ha nes
Rob Thompson
Orange County Sanitation District Wednesday, February 6, 2013
Regular Meeting of the 5:00 P.M.
Operations Committee Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7130
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the
Clerk of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Committee Members. These reports are for information
only and require no action by the Committee.
DEPARTMENT HEAD REPORT:
( CIP Performance
( Rate Discussion
CONSENT CALENDAR:
1. Approve Minutes of December 5, 2012, Operations Committee meeting.
2. Approve Amendment No. 1 to the Facilities Engineering Task Order
No. 07-00-04-06 with Infrastructure Engineering Corporation providing additional
fall protection design and construction services for 2011 Miscellaneous Fall
Protection Improvements, Project FE 10-20 for an additional amount of $48,965,
increasing the total amount not to exceed $82,248.
02/06/13 Operations Committee Agenda Page 1 of 4
3. Authorize the Sole Source Agreement of maintenance repair service and parts
with Ovivo USA, LLC for trickling filters No. 1 & 2 at Plant No. 1 for an amount of
$144,773 and a 10% contingency of$14, 277.30
4. Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Carollo
Engineers, Inc. to provide engineering design services for Trunk Line Odor
Control Improvements, Project No. P1-123, for an amount not to exceed
$856,986; and,
B. Approve a contingency of$85,699 (10%).
5. Recommend to the Board of Directors to:
A. Approve Change Order No. 1 to P.O. Number 103690-OB issued to
Voyager Fleet Systems Inc. for the purchase of unleaded/diesel fuel for
vehicles and marine vessel authorizing an additional $80,000 to increase
total annual contract amount from $275,440 to a not to exceed amount of
$355,440; and,
B. Approve a contingency of$17,772 (5%); and,
C. Authorize the use of the State of California Department of General
Services (DGS) Statewide Travel Management Program for vehicle fuel
requirements, for the period May 1, 2013 through April 30, 2014, for a total
amount not to exceed $332,600, with four one-year renewal options, in
accordance with Resolution No. OCSD 07-04, Section 3.08: Cooperative
Procurement; and,
D. Approve a contingency of$33,260 (10%).
6. Recommend to the Board of Directors to:
Adopt Board Resolution No. OCSD 13 - XX, revising the Biosolids Recycling
Resolution and repealing Board Resolution No. OCSD 06-10.
7. Recommend to the Board of Directors to:
A. Approve a Sole Source Agreement with J.F. Shea Construction, Inc. for an
amount not to exceed $430,000 for the repair of trickling filter pumps at
Plant No. 2; and,
B. Approve a contingency of$43,000 (10%)
02/06/13 Operations Committee Agenda Page 2 of 4
NON-CONSENT CALENDAR
8. Recommend to the Board of Directors to:
Approve 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%).
9. Recommend to the Board of Directors to:
A. Authorize staff to re-establish a Biosolids Account Pool utilizing a Blanket
Purchase Order for the efficient management of all biosolids contracts
(Yule Ranch, Synagro West, Inc., and Orange County Waste and
Recycling) in one account to provide flexibility for unanticipated
circumstances that may impact biosolids management, which may include
events such as truck/driver shortages, poor weather conditions, regulatory
constraints, unacceptable contractor performance, or contractor facility
limitations; and
B. Approve Blanket Purchase Order No. 104696-OB for an annual amount
not to exceed $19,000,000 for biosolids management with Orange County
Waste and Recycling, Tule Ranch, and Synagro West, Inc., which will
replace Blanket Purchase Order No. 100760-013; and
C. Authorize staff to move funds within the Biosolids Account Pool from one
contract to another, as deemed necessary, due to unanticipated
circumstances.
INFORMATION ITEMS:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, March 6, 2013,
at 5:00 p.m.
02/06/13 Operations Committee Agenda Page 3 of 4
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Maria E.Ayala
Clerk of the Board
(714)593-7130
mavala/glocsd.com
For any questions on the agenda,Committee members may contact staff at
General Manager Jim Ruth (714)593-7110 imth[fDocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli0ocsd.com
Assistant General Manager Jim Herberg (714)593-7300 iherberocDocsd.com
Director of Engineering Nick Kanetis (714)593-7310 nkanetiskDoced.com
Director of Facility Support Services Nick Arhontes (714)593-7210 narhontesaocsd.com
Director of Operations&Maintenance Ed Tortes 714 593-7080 etomss ocsd.com
02/06/13 Operations Committee Agenda Page 4 of 4
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOO Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
OOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
Glossary of Terms and Abbreviations
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (DR) — the dilution at which the majority of the people detect the odor
becomes the D(f for that air sample.
Glossary of Terms and Abbreviations
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.
Publicly-owned Treatment Works(POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.
OPERATIONS COMMITTEE Meeting Date To ad.of Di,
OV06/13 --
AGENDA REPORT Item Number Item Number
z
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Kathy Millea
SUBJECT: 2011 MISCELLANEOUS FALL PROTECTION IMPROVEMENTS,
PROJECT NO. FE10-20
GENERAL MANAGER'S RECOMMENDATION
Approve Amendment No. 1 to the Facilities Engineering Task Order No. 07-00-04-06
with Infrastructure Engineering Corporation providing additional fall protection design
and construction services for 2011 Miscellaneous Fall Protection Improvements, Project
FE10-20, for an additional amount of$48,965, increasing the total amount not to exceed
$82,248.
SUMMARY
Project No. FE10-20 originally included the design of 16 active fall protection systems at
Plant Nos. 1 and 2, and Task Order 07-00-04-06 was issued in accordance with
Resolution No. OCSD 07-04 Sections 5.04 and 7.02.
Staff has identified an additional 23 active fall protection systems that required
evaluation and design efforts necessary to enhance worker safety. Primary work
elements include the design of fixed and/or portable guardrail systems, self-closing
gates, fixed point anchors, ladders, signs, covers, and other improvements as needed
to provide fall protection that meet Cal-OSHA standards.
Infrastructure Engineering Corporation has successfully executed all Task Orders
issued to date. They have a thorough understanding of the additional work and are in
the best position to execute this work in a timely fashion. Staff has determined that the
proposed price is fair and reasonable for the scope of work.
Staff recommends approval of Amendment No. 1 to Infrastructure Engineering
Corporation for an additional amount of$48,965.
PRIOR COMMITTEE/BOARD ACTIONS
None
Page 1 of 2
ADDITIONAL INFORMATION
Board Resolution No. OCSD 07-04 (Resolution) allows the Orange County Sanitation
District (Sanitation District) to compile a master pre-approved list of between five and
ten consulting firms for Facilities Engineering projects, and sets a maximum annual
limitation of $200,000 for each firm. The Resolution delegates to the General Manager
and Director of Engineering authority to solicit proposals for design engineering services
to complete Facilities Engineering projects and award individual Task Orders for this
work up to $100,000.
In addition, the Resolution limits the General Manager's authorization for amendments
to an individual Task Order in an amount up to $25,000, and the total combined value of
the Task Order and all amendments not to exceed $100,000.
In this item, while the total Task Order amount of$82,248 inclusive of Amendment No. 1
is less than $100,000, Amendment No. 1 is in the amount of$48,965 which exceeds the
General Manager's authority as defined in the Resolution.
CEQA
The original Scope of Work for FE10-20 has been determined to be categorically
exempt in accordance with Section 15301 (b) Class 1. A Notice of Exemption was filed
on October 27, 2011.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted and will be funded from the current project
(FY 2012-2013 Joint-FE-J, Section 8, Page 94).
JH:KM:RC:dm:gc
Page 2 of 2
OPERATIONS COMMITTEE Meetlng Date To BA.of Dir.
02,06,13 --
AGENDA REPORT ern number Item Number
3
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: MAINTENANCE REPAIRS OF TRICKLING FILTERS NO. 1 & 2 at
PLANT NO. 1
GENERAL MANAGER'S RECOMMENDATION
Authorize the Sole Source Agreement of maintenance repair service and parts with
Ovivo USA, LLC for trickling filters No. 1 & 2 at Plant No. 1 for an amount of $144,773
and a 10% contingency of$14,277.30.
SUMMARY
Trickling filters are one of two types of secondary treatment processes operated by
OCSD for removal of dissolved organic material prior to reuse or ocean outfall
discharge. The process consists of 2 circular tanks filled with filter media and each tank
has a set of 4 rotating distribution arms that evenly distribute the wastewater across the
media. The trickling filter distribution arms rotate 24 hours a day 365 days a year and
have been in service since March 2006.
An inspection of both units by Ovivo, the original equipment manufacturer, (OEM) and
OCSD staff revealed that the turntable that rotates each set of distribution arms are
worn and are due for overhaul. In addition, there are two major components not part of
the normal overhaul process that have cracked and need to be replaced. The OEM now
fabricates these additional parts out of stainless steel so that they will not crack and will
provide longer service life.
PRIOR COMMITTEE/BOARD ACTIONS
None
ADDITIONAL INFORMATION
The tricking filter is a biological process that can only be without water for no more than
4 hours at a time. Staff is recommending the sole source of the manufacturer to ensure
the parts are manufactured to the correct tolerance and reduce the risk of the filters
being out of service for an extended period of time causing loss of the biological mass
which would result in degradation of treatment performance and a potential reduction in
supply water for the Ground Water Replenishment System (GWRS).
Page 1of 2
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item was not budgeted and as such will require the deferral of other
maintenance work if the additional expense cannot be absorbed in the current budget.
ATTACHMENT
The following attachments) may be viewed on-line at the OCSD website (www.ocsd.corn with the
complete agenda package:
( Sole Source Agreement, Ovivo USA, LLC (7 pages)
Page 2of 2
SERVICE CONTRACT
Specification No.
THIS AGREEMENT is made and entered into as of the date fully executed below by and
between Orange County Sanitation District, with a principal place of business at 10844 Ellis
Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and
Company Name with a principal business at address
(hereinafter referred to as "Contractor") collectively referred to as the "Parties".
RECITALS
WHEREAS, OCSD desires to retain the Wices of Contractor
"Services"; and
WHEREAS, OCSD has chosen actor to conduct Services in accordance asi
Resolution No. OCSD07-04; and , _
WHEREAS, on , the Board of Directors of OCSD, by minute order,
authorized execution of this Contract between OCSD and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and education and
expertise to accomplish such Services,
NOW THEREFORE, in consideration of th omises and tuaenefits exchanged between
the Parties, it is mutually agreed as follows:
1. Introduction
1.1 This Contract and all exhibits hereto called the "Contract") is made by OCSD and
Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as
described in the Scope of Work, attached hereto and incorporated herein by reference as
Exhibit"A".
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract
as though fully set forth at length herein. Exhibits to this Contract are as follows in order of
precedence:
Exhibit"A" Scope of Work
Exhibit"B"
Exhibit"C"
Exhibit"D"
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and
any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects
govern and control.
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not
affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
Orange County Sanitation District 1 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 The term "hours", when used in this Contract, shall be as defined in Exhibit
1.8 Contractor shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the price provided under"Compensation" below.
1.9 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 p ject shall not exceed the total amount of
and 00/00 Dollars
3. Payments Payments shall be made upon approval by OCSD Project Manager,
or his designee, of invoices submitted for milestone tasks completed as
described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to
whether the tasks and deliverables for each milestone have been satisfactor&completed.
4. Invo' `
4.1 OCSD hall pay within 30 dafs of completion and receipt and approval by OCSD Project
Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges
thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall
include the Purchase Order Number.
4.2 Invoices shall be emailed by Contractor to OCSD at the following email address and the
Purchase Order number shall be referenced in the subject line: APStaff(&,OCSD.com.
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.
66�� Scope of Work Subject to the terms of this Contract, Contractor shall perform the
Sirvices identified in Exhibit "A" and . Contractor shall perform said Services in
accordance with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing and
signed by both Parties.
8. Contract Term The services provided under this Contract shall be completed within
days from the date of notice to proceed.
9. Performance Time is of the essence in the performance of this Contract and the
provisions hereof.
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, (delivered by certified mail,
return receipt requested) of intent to terminate. Upon receipt of a termination notice, Contractor
shall immediately discontinue all work under this Contract (unless the notice directs otherwise).
Orange County Sanitation District 2 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
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:
O if Contractor becomes insolvent or files a petition un�the Bankruptcy Act; or
O if Contractor sells its business; or
O if Contractor breaches any of the terms of this Contract; or
O if total amount of compensation exceeds the amount authorized under this Cor
10.4 All OCSD property in the possession or control of Contractor shall be returned b
Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs St.
11. Forceffaieure Neither party shall be liable for delays caused by accident, floolpacts 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.
12. Safety and Human Resources Policies Cor4Wor shall adhere to the Safety and
Human Resources Policies in [Exhibit "B" hereto or
http://www.ocsewers.com/index.as px?l)aoe=38$oarent=139531.
13. 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 "). 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.
14. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify,
defend and hold harmless OCSD against any and all liability, claims, judgments, cost and
demands, including demands arising from injuries or death of persons and damage to property,
arising directly or indirectly out of the negligence or willful misconduct of Contractor, its
employees or agents, in relation to the rendition of services pursuant to this Contract, except
claims or litigations arising through the sole negligence or willful misconduct of OCSD.
Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney's
fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any
such suits at the cost and expense of Contractor.
Orange County Sanitation District 3 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
15. Warranty
15.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at
date of completion of this Contract.
15.2 Contractor's warranty: If, within the 12-month period following completion of its Services,
OCSD informs Contractor that any part of the Services fails to meet the standards required
under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take
all such actions as are necessary to correct or complete the noted deficiency(ies).
16. Freight(F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract.
17. Independent Contractor It is agreed that Contractor shall act and be an independent
contractor and not an agent or employe of OCSD, and shall obtain no rights to any bene '
which accrue to OCSD'S employe. �_
16. Limitations upon Subcontractin�d ASsInment Contractor shall not delegate a
duties nor assign any rights under this Contract without the prior written consent of OCSD. An
such attempted delegation or assignment shall be void. ++ 0
19. Licenses, Permits. Ordinances and Regulations Contractor represents and dlamants
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. _
44,
20. Applicable Laws and Regulations Contractor%jyt comply with all applicable federal,
stale, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold
harmless from any and all damages and lia ties assessed against OCSD as a result of
Contractor's noncompliance therewith. Any p nnission required by law to be included herein
shall be deemed included as a part of this Contract whether or not specifically referenced.
21. 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.
22. Public Contracts Law OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the locality in which the work is to
be performed for each craft or type of work needed to execute this Contract. Contractor agrees
that not less than said prevailing rates shall be paid to workers employed on this project as
required by Labor Code Section 1774 of the State of California.
23. 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.
Orange County Sanitation District 4 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
24. Dispute Resolution
24.1 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 Contract,
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.
24.2 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 itrator, and those two arbitrators
shall select a third. Discovery may be conducted in connelem 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 enors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.*
25. Breach The waiver of either party of any breach-* vltion 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 reppdiates 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. Wryival The provisions of this Contract dealing with Payment, Warranty, and Forum for
Enforcement, shall survive termination or expiration of this Contract.
28. Severability If any section, subsection, or provision of this Contract, or any agreement
or instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held invalid,
shall not be affected thereby, unless the effect of such invalidity shall be to substantially
frustrate the expectations of the Parties.
29. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
30. Third Party Rights Nothing in this Contract shall be construed to give any rights or
benefits to anyone other than OCSD and Contractor.
Orange County Sanitation District 5 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
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. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorneys fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
33. 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 emissi such as sandblasting, open field
spray painting or demolition of asbestos containing compon� or structures, shall comply w'
the appropriate rules and regulations of the SCAQMD.
34. Regulatory Requirements Contractor shall rperform 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, 255, 260, and 261, Title 22, 23, and California
Water Codes Division 2. — `�
35. Read and Understo gning this Contract, Contra r s e has read
and understood the terms a d conditions of the Contract.
36. Authority to Execute The persons executing this Contract on behalf of the Parties
warrant that they are duly authorized to execute this Contract and that by executing this
Contract, the Parties are formally bound.
37. Entire Agreement This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiatio s between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 6 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
38. Notices All notices under this Contract must be in writing. Written notice shall be sent
by registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Contractor: Comp .
vklffp-r��� *I k
IN WITNESS Parties hereto have hereunto set their hands the day and year
indicated beloV ,
ORANGE COUNTY DISTRICT
Dated:
it Board of Directors
Dated:
Clerk of the Board
Da By:
Contracts/Purchasing Manager
COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 7 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
BOARD OF DIRECTORS Meeting Date TUBd.01Dir.
02/06/13 02127/13
AGENDA REPORTItem Nu barItem Number
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Kanetis, Director of Engineering
CIP Project Manager: Eros Yong
SUBJECT: Trunk Line Odor Control Improvements, Project No. P1-123
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Design Services Agreement with Carollo Engineers, Inc. to
provide engineering design services for Trunk Line Odor Control Improvements,
Project No. P1-123, for an amount not to exceed $856,986; and,
B. Approve a contingency of$85,699 (10%).
SUMMARY
The main goals of this project are twofold: (1) replace existing Scrubbers 9 and 10 at
the Plant No. 1 Headworks facility with two new bio-trickling filters to replace aging
equipment, and connect additional facilities to the foul air system; and (2) eliminate
odors upstream of the three siphons along the Baker-Gisler Interceptor and Santa Ana
Trunk sewers by implementing air jumper improvements to reduce condensate and
water infiltration.
The proposed Professional Design Services Agreement (PDSA) includes the
preparation of a Preliminary Design Report, Final Design which includes the preparation
of construction documents (plans and specifications), and bid support services.
The Orange County Sanitation District (Sanitation District) advertised a Request for
Proposal (RFP) and four proposals were received. Based on the overall qualifications
and expertise, staff recommends awarding a PDSA to Carollo Engineers, Inc. for an
amount not to exceed $856,986.
PRIOR COMMITTEE/BOARD ACTIONS
None.
ADDITIONAL INFORMATION
Project Scope of Work:
This project will provide an engineered solution to replace Scrubbers 9 and 10.
Scrubbers 9 and 10 will be treating additional foul air from Steve Anderson Lift Station
(SALS) and Waste Hauler, thus almost doubling the amount of foul air currently being
Page 1 d4
treated. Since Scrubbers 9 and 10 are used as roughing scrubbers, and their exhaust
is further treated by chemical Scrubbers 1-4, the foul air treated by Scrubbers 1-4 will
also be increased. The Sanitation District has a level of service goal of 14 dilutions to
threshold (D/T) at the Plant No. 1 boundary. To meet this level of service goal,
chemical Scrubbers 1-4 must achieve 300 D/T. This project will evaluate current
available biotower technologies to ensure that Scrubbers 9 and 10 will provide sufficient
treatment of the trunk line foul air such that 300 D/T can be achieved at the outlets of
Scrubbers 1-4.
This project will also address odor problems along the Baker/Gisler Interceptor and
Santa Ana Trunk sewer inverted siphons. The air jumpers intended to convey the foul
air to Plant No. 1 for collection and treatment have been filled with water due to
infiltration and condensation. The foul air becomes trapped on the upstream side of the
channels and escapes from manholes causing odor problems in surrounding
communities. As part of the Scope of Work for this project, the Consultant will develop
and implement an alternative to eliminate these odor problems. One possible alternative
is to repair and/or rehabilitate the three existing air jumpers, including repairing the
cured-in place pipe (CIPP) lining in one of the three jumpers, rehabilitating the other two
air jumpers, rehabilitating the service manholes, and replacing the sump pumps and foul
air fans. Another possible alternative is to provide local passive or forced-air odor
control systems near the air jumpers.
Request for Proposal:
The evaluation and selection process is based on procedures pursuant to the California
Government Code requiring the Sanitation District to select "the best qualified firm" for
architectural and engineering services and to negotiate a "fair and reasonable" fee with
that firm.
An RFP which outlined Consultant's Scope of Work and criteria required for this project
was advertised on October 16 and October 23, 2012 in the Orange County Register.
Furthermore, an email notification was sent to all engineering consultants registered in
the categories of Architecture & Engineering; Design; and Engineering — General, in the
Sanitation District vendor database. As a result, four proposals were received on
November 16, 2012. A Staff Evaluation Committee consisting of five representatives
from Engineering, Odor and Corrosion Control, and Operations and Maintenance
(0&M) Departments reviewed and ranked each of the proposals in accordance with the
evaluation process set forth in the Sanitation District Resolution No. OCSD 07-04,
Section 5.07. A representative from O&M Process Support Department participated as
a technical advisor on odor control subject and was a non-voting member. A
representative from the Contracts Administration Division participated in the evaluation
process as a non-voting member. The proposals were evaluated according to the
following six criteria: (1) understanding of the Scope of Work; (2) technical approach;
(3) management approach; (4) staff qualifications; (5)firm experiences; and
(6) schedule.
After reviewing and scoring the proposals, the four Consultant firms were ranked
according to the score achieved. The Evaluation Committee interviewed the top three
firms: Carollo Engineers, Inc.; CH2MHill; and Dudek, Inc. to meet the proposed key
Page 2 of 4
team members and further evaluate the firms' proposals. Pursuant to the results of the
interview, the Evaluation Committee selected Carollo Engineers, Inc. as the top-ranked
firm as shown in Table 1.
TABLE
PROPOSAL EVALUATION*
Consultant Carollo CH2M Hill Dudek
Evaluator
Reviewer A 1 3 2
Reviewer B 2 1 3
Reviewer C 1 2 3
Reviewer D 1 2 3
Reviewer E 1 2 3
Average Ranking 1.2 2.0 2.8
Overall Ranking 1 2 3
Proposal Fee $1,096,485 $696,501 $1,438,639
Negotiated Fee $856,986 ---- ---
Pro osal
Based on scores after interview
All proposals were accompanied by a sealed fee proposal estimate. The fee proposal
estimates were not opened until the proposals were evaluated and a top-ranked firm
was selected in accordance with Sanitation District Resolution No. OCSD 07-04,
Section 5.07.
Staff conducted negotiations with Carollo Engineers, Inc., to clarify the requirements of
the Scope of Work and to establish the final negotiated fee. During the negotiation
meeting, the project Scope of Work, assumptions, and the design process were
discussed and clarified as required for the completion of the Scope of Work for the
project. Elements reviewed include drawing list, project schedule, number of
meetings/workshops, total labor hours, and labor-hour distribution by task as related to
the work items, subconsultant scope of work and fees, and profit calculations. These
elements were compared to the budgeted amounts, RFP requirements, industry
standards, and Sanitation District historical data and Guidelines.
As a result of these meetings, the proposal fee was decreased to $856,986. Carollo
Engineers, Inc. was selected as the top-ranked firm due to their strong understanding of
project issues, such as the importance of meeting the Sanitation District's level of
service goals for odors, and height and space constraints for Scrubbers 9 and 10. Their
proposal included technical approaches to address these goals and challenges such as
the use of low-profile rectangular scrubbers for easier and safer O&M access, and using
construction sequencing to eliminate temporary odor control system during construction
hence decreasing construction cost. Finally, their proposed team consists of individuals
with experiences in both project elements, including two odor control experts and a
collections system task leader with extensive experience in infrastructure modeling,
Page 3 of 4
design, and construction work. Staff believes that using the approach as proposed by
Carollo Engineers, Inc. will reduce construction cost, potential change orders, delays,
and community impacts during construction.
Based on the above, staff determined the final cost proposal to be fair and reasonable
for the Scope of Work and recommends awarding the Professional Design Services
Agreement to Carollo Engineers, Inc. for an amount not to exceed $856,986.
CECIA
Notice of Exemption was filed on August 31, 2012.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This complies with the authority levels in the Sanitation District's Delegation of Authority.
This item has been budgeted (FY 2012-13, Section 8, Page 80) and the project budget
is sufficient for the recommended action.
Date of ADDroval Contract Amount Contlnoencv
02/27/13 $856,986 $85,699 (10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OOSD website (MD .ocsd.com) with the
complete agenda package:
( Professional Design Services Agreement (20 pages)
JH:EY:dm:gc
Page 4 d4
PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 27' day of February,
2013 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to
as "SANITATION DISTRICT", and CARROLLO ENGINEERS, INC or purposes of this
Agreement hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desiresngage a NSULTANT for Trunk
Line Odor Control Improvements; Project No. P1-123, a provide Design services for
aapportion of the headworks odor treatment facilities r ngflemolition, rehabilitation and
replacement and,
WHEREAS, CONSULTANT is qualified to provid he cessary services in connection
with these requirements and has agreed to provide the nec ry professional services; and,
WHEREAS, the SANITATION DISTRICT as adop ed procedures for the selection of
ceeded professional services and has pro in actor c th said procedures to select a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on Februa 27, 2013 the Board of Directors, by
Minute Order, accepted the recommendj(iojof the perations Commitee to approve this
Agreement between the SANITATION VISTTRICTT�and CONSULTANT.
NOW, THEREFORE, in con era ttorTafthe promises and mutual benefits, which will
result to the parties in carrying out the ms f this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK. CWSU TAINT agrees to furnish necessary professional and
technical services to adFon)pli those project elements outlined in the Scope of Work
attached hereto as ttachme "A", and by this reference made apart of this Agreement.
A. The CONSULT hall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness. CONSULTANT
shall respond to all comments, suggestions, and recommendations on the
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
comments shall be incorporated into the design prior to the next submittal
deadline or addressed, in writing, as to why the comment has not been
incorporated. CONSULTANT shall ensure that each submittal is 100% accurate
for the level of work submitted (i.e. correct references, terms, capitalization or
equal status, spelling, punctuation, etc.)
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 1 of 20
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 s II, without additional
compensation, promptly correct or revise any erro efciencies in its designs,
drawings, specifications, or other services within Affinnefirame specified by the
Project Engineer/Project Manager. The SANITANWlSTRICT may charge to
CONSULTANT all costs, expenses and damal7a ociated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work/aIlye produced by CONSULTANTS
and Subconsultants using the any oth IO ndard CAD Manual.
Conversion of CAD work from any other n-standard CAD format to the
SANITATION DISTRICT format shall not b ac ptable in lieu of this
requirement.
Electronic files shall conform to the�A T ION DISTRICT specifications. Any
changes to these specifications by the SULTANT are subject to review and
approval of the SANITATION DISTRI T.
Electronic files shall be sybjam to an acceptance period of fifteen (15) days
during which the SANIT,F4CTION D.WTRICT shall perform appropriate reviews and
including CAD Manu6IpomMWe. CONSULTANT shall correct any
discrepancies or errors tec d and reported within the acceptance period at no
additional cost to the SANIWION DISTRICT.
E. The CONSULTXN�fsh II ensure that all plans and specifications prepared, or
recommended under t s Agreement allow for competitive bidding. The
CONSULTA shall esign such plans or specifications so that procurement of
services, labor o en
are not available from only one source, and shall not
design plans andspecifications around a single or specific product, piece of
major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT prior to beginning work on such plans
and specifications. Whenever the CONSULTANT recommends a specific
product or equipment for competitive procurement, such recommendation shall
include at least two brand names of products that are capable of meeting the
functional requirements applicable to the project.
F. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are for
the sole use of the SANITATION DISTRICT, its agents and employees. 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
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 2 of 20
SANITATION DISTRICT, (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
Except for Subconsultants covered by Section 2 (a) neither the documents nor
their contents shall be released to any third party without the prior written consent
of the SANITATION DISTRICT.
2. COMPENSATION. Total compensation shall be paid to C ULTANT for services in
accordance with the following provisions:
A. Total Compensation. ��
Total compensation shall be in an amount p6t tq,exceed
[Total_Design»uCompanyq Dollars ($(<COnsuItantTOtalD011ar»). Total
compensation to CONSULTANT includi burdened labor(salaries plus
benefits), overhead, profit, direct costs, an ub nsultant(s)fees and costs shall
not exceed the sum set forth herein, broken n as follows:
DESIGN SERVICES INCLUDING:
CONSULTANT: CARDLLO ENGINEERS, INC '
Raw Labor $ eRawl-abom � /�
Fringe Rate
pFringeRatepcnb % $ eFrinaeDollar»\
(%x Raw Labor) Burn V
(Raw L7hor+ d $ eBurdenLabor»
(Raw L bor+Fd ge Rate)
OveTtyead
aOverhea� dppcn�% $ eOverheadDala
(%x Burd�/Labor)
Subtotal $ aLabordollar»
(Burden Labor+Overhead)
Profit gPrgf % $ aProfitDob)
(%x Subtotal)
Total Direct Costs, not to exceed $ «Direct Costs»
TOTAL—CONSULTANT Consulting Services, not to exceed $ aConsultantTotalDollar»
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 3 of 20
Subconsultant"A": eSubANamex
Raw Labor $ eSubARaWLaborpollarsa
Fringe Rate /
((SubAFringeralePcnta % $ (SubAFrinaeRateDollaro
(%x Raw Labor)
Burdened labor $ ((SubABurdenl-aborpollarn
(Raw Labor+Fringe Rate) V
Overhead
eSubAOverheadpcnts % VeSubAOverheadddollar»
(%x Burden Labor) ,
bto I $ ((Totalcnsltntdlrr
(B Labor+Overhead)
Pr►►►►ofit(SubAProfitPercenta $ aSubAProfitDollara
x Subtotal)
///��� otal Direct Costs, not to exceed $�bADirectCosts»
TOTAL—Subconsultanl' " Consulting Services, not to exceed $GSubAtotalDollamb
Subconsultant"B": WMANamex
Raw Labor $ eSub RaWLaborpollarsa
Fringe Rate
eSubAFringerelePcnt» % $ eSubAFrinaeRateDollan)
(%x Raw Labor)
Burdened labor $ eSubABurdenLaborpollara
(Raw Labor+Fringe Rate)
Overhead
eSubAOverheadpcnt» % $ eSubAOverheadddollarn
(% x Burden Labor)
Subtotal $ eTotalcnsltntdlr»
(Burden Labor+Overhead)
Profit aSubAProfitPercent» $ ((SubAProfitDollary
o�
(%x Subtotal)
Total Direct Costs, not to exceed $ ((SubADirectCostso
TOTAL—Subconsultant"B"Consulting Services, not to exceed $ aSubAtotalDollarsn
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 4 of 20
Subconsultant"C": eSubMame»
Raw Labor $ «SubARawLaborpollars»
Fringe Rate /
«SubAFdngeralePcnl» % $ «SubAFrinaeRateDollaro
(%x Raw Labor)
Burdened labor $ «SubABurdenLaborpollam
(Raw Labor+Fringe Rate) V
Overhead
«SubAOverheadpcnt» % $1«SubAOverheadddollar»
(%x Burden Labor) ,
bto I $ «Totalcnsltntdlm
(B Labor+Overhead)
Pr►►►►►►ofit«SubAProfitPercent» $ «SubAProfitDollar»
x Subtotal)///��� otal Direct Costs, not to exceed $ISUGADirectCosts»
TOTAL-Subconsultant" "Consulting Services, not to exceed $ SububAtotalDollars»
Subconsultants under$100,000:
Subconsultant 1 $ «SubAtotalDollars»
Subconsultant 2 $ «SubAtotalDollars»
Subconsultant 3 $ «SubAtotalDollars»
Subconsultant 4 $ «SubAtotalDollars»
Subconsultant 5 $ «SubAtotalDollars»
TOTAL-Subconsultants under$100,000 $ «SubsSubtotalunder100000»
GRAND TOTAL for Design Services, not to exceed $ «Total Design»
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 Subconsultant services
above.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant, total compensation on an hourly-rate
basis per attached schedule. The SANITATION DISTRICT shall pay to
CONSULTANT the actual costs of Subconsultant fees and charges, in an amount
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 5 of 20
not to exceed aSubsSubtotalunder10000tA Dollars
($eSu bsSu btota I under100000))).
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). W h the consulting or
subconsulting services amount is $250,000 or less maximum Profit shall be
10%. Between $250,000 and $2,500,000, the m m Profit shall be limited by
a straight declining percentage between 10% or consulting or
subconsulting services fees with a value great 00,000, the maximum
Profit shall be 5%. Addenda shall be goverJJJ���d y the a maximum Profit
percentage after adding consulting servic:S es.
B. Labor. As a portion of the total compe sati/on be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to C SU TANT a sum equal to the
burdened salaries (salaries plus benefts) a ua paid by CONSULTANT
charged on an hourly-rate basis to this projec nd paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTMIqTjII1th certified payroll records of all
employees' work that is charged to thi roject.
C. Monthly Invoice. CONSULTANT shnclude in its monthly invoice, a detailed
breakdown of costs assopeteb with fine performance of any corrections or
revisions of the work forThat invoi g period. CONSULTANT shall allocate costs
in the same manner it w r payment requests as described in Section 5,
Payment, of this Agree nt. ONSULTANT shall warrant and certify the
accuracy of these costs a nderstand that submitted costs are subject to
Section 12 Audit rovi ions.
D. Overhead. As a portio of the total compensation to be paid to CONSULTANT,
the SANITATION DI RICT shall compensate CONSULTANT for overhead at a
rate equal to eOverheadpcnt» % of burdened labor paid by CONSULTANT
pursuant to Compesation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant"A"for overhead
at a rate equal to eSubAOverheadPcnt» % of burdened labor as shown in
Compensation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant'B"for overhead
at a rate equal to eSubBOverheadPcnt» % of burdened labor as in Compensation
Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant"C'for overhead
at a rate equal to eSubBOverheadPcntu % of burdened labor as in Compensation
Section hereof.
E. Profit. As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay a profit of aProfitDol» Dollars ($«ProfitDol»)for
all services rendered by CONSULTANT for this project.
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 6 of 20
The SANITATION DISTRICT shall pay a profit of«SubAProfitDollar» Dollars
($((SubAProfitDollan>)for all services rendered by Subconsultant A for this
project.
The SANITATION DISTRICT shall pay a profit of«SubAProfitDollan» Dollars
($aSubBProfitDol»)for all services rendered by Sub 71sultant B for this project.
The SANITATION DISTRICT shall pay a profit of«SubAProfitDollar» Dollars
($«SubBProfitDol»)for all services rendered b onsultant C for this project.
F. Subconsultants. For any Subconsultant who fees are greater than or equal to
$100,000, CONSULTANT shall pay to subs Itant total compensation in
accordance with Section 2. For any su cons; .nt whose fees are less than
$100,000, CONSULTANT may pay to s consultant, total compensation on an
hourly-rate basis per attached Schedule. Tke S NITATION DISTRICT shall pay
to CONSULTANT the actual costs of subcon ant fees and charges in an
amount not to exceed «SubsSubtotalunder100000x Dollars
($uSubsSubtotalunder100000u).
G. Direct Costs. The SANITATION DIS ICT shall pay to CONSULTANT the
actual costs of permits and a sociateylfees, travel and licenses for an amount not
to exceed xDirect_Costs»rpoJars ($«Direct_Costs»). The SANITATION
DISTRICT shall also pafto CONS�KU1LTANT actual costs for equipment rentals,
leases or purchases ith pAC�y�rovaI of the SANITATION DISTRICT. Upon
request, CONSULTAN shall rovide to the SANITATION DISTRICT receipts
and other documentary re s to support CONSULTANT's request for
reimbursement of theseamounts. All incidental expenses shall be included in
overhead pursU mrp=ation Section above. (See Attachment°B").
The SANITA ON DI RICT shall pay to Subconsultant A the actual direct costs
for an amount n t xceed aSubADirectCosts» Dollars ($eSubADlrectCostS»).
The SANITATION DISTRICT shall pay to Subconsultant B the actual direct costs
for an amount not to exceed <<SubADirectCostse Dollars ($aSubBDirectCosts»).
The SANITATION DISTRICT shall pay to Subconsultant C the actual direct costs
for an amount not to exceed <<SubADirectCostse Dollars ($«SubBDirectCosts»).
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. When the SANITATION DISTRICT determines that all Work authorized under the
Contract is fully complete and that the SANITATION DISTRICT requires no further work
from CONSULTANT, or the Contract is otherwise terminated or expires in accordance
with the terms of the Contract, the SANITATION DISTRICT shall give the Consultant
written notice that the Contract will be closed out. CONSULTANT shall submit all
outstanding billings, Work submittals, deliverables, reports or similarly related documents
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 7 of 20
as required under the Contract within thirty(30) days of receipt of notice of Contract
closeout.
Upon receipt of CONSULTANT'S submittals,the SANITATION DISTRICT shall commence
a closeout audit of the Contract and will either:
I. Give the CONSULTANT a final Contract Accept or
ii. Advise the CONSULTANT in writing of any out g item or items which must be
furnished, completed, or corrected at the CONS LTA T' cost.
CONSULTANT shall be required to provide adequiX r�$$rsources to fully support any
administrative Project Closeout efforts identified in Agreement. Such support must be
provided within the timeframe requested by the NI fT AT ION DISTRICT.
Notwithstanding the final Contract Acceptance the C SULTANT 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 norms- omp wn of which were not disclosed to
the SANITATION DISTRICT (regardless of w r such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Contract w ich exykssly or by their nature extend beyond and
survive final Contract Acceptance
Any failure by the SANITATI N DI ,to reject the work or to reject the
CONSULTANT'S request for fi I Contract Acceptance asset forth above shall not be
deemed to be Acceptance of the by the SANITATION DISTRICT for any purpose
nor imply Acceptancjmsurbmit
eement with, the Consultant's request for final Contract
Acceptance.5. PAYMENT
A. CONSULTAN monthly or periodic statements requesting payment
for those items included in Section 2 hereof in the format as required by the
SANITATION DISTRICT. Such requests shall be based upon the amount and
value of the work and services performed by CONSULTANT under this
Agreement and shall be prepared by CONSULTANT and accompanied by such
supporting data, including a detailed breakdown of all costs incurred and project
element work performed during the period covered by the statement, as may be
required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent(100%)of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
I. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION
DISTRICT; or
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 8 of 20
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 g
ty.
B. CONSULTANT may submit periodic payment rfor each 30-day period of
this Agreement for the profit as set forth in Coon Section above. Said
profit payment request shall be proportions to
dually accomplished to
date on aper-project-element basis. In thent the S NITATION DISTRICT's
Director of Engineering determines that no ti ctory progress has been made
since the prior payment, or in the eventof a d y in the work progress for any
reason, the SANITATION DISTRICT sh have the right to withhold any
scheduled proportionate profit payment.
C. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon�ce ce of such work by the SANITATION
DISTRICT, CONSULTANT will be paiSVh6 unpaid balance of any money due for
such work, including any retained per ntages relating to this portion of the work.
D. Upon satisfactory completion bf the v Ork performed hereunder and prior to final
payment under this Agr ment foysuch work, or prior settlement upon
termination of this A emellteMS as a condition precedent thereto,
CONSULTANT shall a cute nd deliverto the SANITATION DISTRICT a
release of all claims again e SANITATION DISTRICT arising under or by
virtue of this Agre),eother than such claims, if any, as may be specifically
exempted by Cr� ANT from the operation of the release in stated amounts
to be set fo h theE. Pursuant tothe a False Claims Act(Government Code sections 12650-
12655), any CONNT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a $10,000 civil penalty for each
false claim submitted. This section shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or
causes to be presented to an officer or employee of the SANITATION DISTRICT
a false claim or request for payment or approval; b) knowingly makes, uses, or
causes to be made or used a false record or statement to get a false claim paid
or approved by the SANITATION DISTRICT; c)conspires to defraud the
SANITATION DISTRICT by getting a false claim allowed or paid by the
SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or
used a false record or statement to conceal, avoid, or decrease an obligation to
the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission
of a false claim to the SANITATION DISTRICT, and fails to disclose the false
claim to the SANITATION DISTRICT within a reasonable time after discovery of
the false claim.
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 9 of 20
6. 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, CONSULTA4silsubject to prevailing
wage requirements with respect to such employees.
7. DOCUMENT OWNERSHIP—SUBSEQUENT CHANNS AND
SPECIFICATIONS—CONSULTANT PERFORMANC
A. Ownership of Documents for the Profess! formed, all documents,
including but not limited to, original plans, di , sketches, drawings, computer
printouts and disk files, and specifications pre�ed in connection with or related
to the Scope of work or Professional Se ces, shall be the property of the
SANITATION DISTRICT. The SANITATIO DI TRICT's ownership of these
documents includes use of, reproduction or r e of and all incidental rights,
whether or not the work for which they were prepared has been performed. The
SANITATION DISTRICT ownershi�ft. This
ent arises upon payment or any
partial payment for work performed des ownership of any and all work
product completed prior to that paym Section shall apply whether the
CONSULTANT'sProfession Servierminated: a) by the completion of
the Agreement, orb) in spor ancer provisions of this Agreement.
Notwithstanding any other provisigh of this paragraph or Agreement, the
CONSULTANT shall ave VMmight to make copies of all such plans, studies,
sketches, drawings, co uter printouts and disk files, and specifications.
B. CONSULTANT shall n t be responsible for damage caused by subsequent
changes to or es f t e plans or specifications, where the subsequent changes
or uses are of authoriled or approved by CONSULTANT, provided that the
service rende d by NSULTANT was not a proximate cause of the damage.
C. The CONSULTA '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
Department and may be considered in future CONSULTANT selection
processes.
8. INSURANCE
A. General
I. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will
accept State Compensation Insurance Fund, for the required policy of
Worker's Compensation Insurance subject to the SANITATION
DISTRICT's option to require a change in insurer in the event the State
Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require Contractor to substitute any insurer whose rating
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 10 of 20
drops below the levels herein specified. Said substitution shall occur
within 20 days of written notice to Contractor, by the SANITATION
DISTRICT or its agent.
III. Coverage shall be in effect prior to the cem ncement of any work under
this Agreement.
B. General Liabilitv
The CONSULTANT shall maintain during the life of th ntract, including the
period of warranty, Commercial General Liagjfity Insurance written on an
occurrence basis providing the following m im limits of liability coverage: One
Million Dollars ($1,000,000) per occurrence I. C ne Million Dollars ($1,000,000)
aggregate. Said insurance shall include overage for the following hazards:
Premises-Operations, blanket contractual li ili (for this Agreement), products
liability/completed operations (including any p duct manufactured or assembled),
broad form property damage, blanitet contractual liability, independent contractors
liability, personal and advertising in of
ie equipment, owners and
contractors protective liability, and crlity and severability of interest
clauses. A statement on an insuranate will not be accepted in lieu of the
actual additional insured endgrsemerequested by SANITATION
DISTRICT and applicablgpXQU coverage (Explosion, Collapse and
Underground) must be hTcluded irryytthe General Liability policy and coverage must
be reflected on the s mittACLbRificate of Insurance.
C. Umbrella Excess Liabilitv
The minimum I' i�i is of neral liability and automotive liability insurance required,
as set forth erein, sh be provided for through either a single policy of primary
insurance or ombi lion of policies of primary and umbrella excess coverage.
Umbrella excess ' lity coverage shall be issued with limits of liability which,
when combined wi 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)with One
Million Dollars ($1,000,000) aggregate or, alternatively, One Million Dollars
($1,000,000)per person for bodily injury and One Million Dollars ($1,000,000) per
accident for property damage. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement.
E. Workers Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 11 of 20
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 certificatAegli
rance.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force androughout the term of this
Agreement, standard industry form professiiAn a errors and omissions
insurance coverage in an amount of not less ban Two illion Dollars
($2,000,000)with limits in accordance with a ovisions of this Paragraph. If
the policy of insurance is written on a " laims 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 daajtlhe completion of the services
hereunder.
In the event of termination of said p�lcy d ng this period, CONSULTANT shall
obtain continuing insurance coverage r e prior acts or omissions of
CONSULTANT during the course of p rforming services under the term of this
Agreement. Said coverage hall be videnced by either a new policy evidencing
no gap in coverage or bVeporate extended "tail" coverage with the present or
new carrier. /
In the event the presen olicy of insurance is written on an "occurrence" basis,
said policy shall be contin in full force and effect during the term of this
Agreement Vshil
' letion of the services provided for in this Agreement,
whichever ievent of termination of said policy during this period,
new coverabtained for the required period to insure for the prior acts
of CONSUL the course of performing services under the term of this
Agreement.
CONSULTvide 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 Coveraae
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25-5(7/97)or equivalent.
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 12 of 20
• Additional Insurance (ISO Form)CG2010 11 85 or
(General Liability)
The combination of(ISO Forms) CG 2010 10 01
and CG 2037 10 01
All other Additional I ured endorsements must
be submitted fora proval by the SANITATION
DISTRICT, an ANITATION DISTRICT may
reject alternatives tha r ide different or less
coverage to f�Aa SANITA ION DISTRICT.
• Additional Insured Submit endor0ment provided by carrier for the
(Auto Liability) SANITA ON ISTRICT approval.
• Waiver of Subrogation State Compe ation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State mpensation Insurance Fund
Endo ement No. 2065 or equivalent.
H. Cancellation Notice 4r
Each insurance polic equR20'Fkrein shall be endorsed to state that coverage
shall not be cancelled b eith party, except after thirty(30)days' prior written
notice. The Cancellation ion of ACORD Form 25-5 (7/97)shall state the
required thirty(3 da 'written notification. The policy shall not terminate, nor
shall it be cant e ,no the coverage reduced until thirty(30) days after written
notice is gi n to the S NITATION DISTRICT except for nonpayment of
premium, whi shall quire not less than ten (10) days written notice to the
SANITATION DUCT.CT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Contracts
Management, Div. 230, and shall be received by the SANITATION DISTRICT not
less than thirty(30)days prior to the effective date of the change(s) if the change
would reduce coverage or increase deductibles or SIR amounts or otherwise
reduce or limit the scope of insurance coverage provided to the SANITATION
DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds'clause.
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 13 of 20
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 maybe held responsibl4bered
ant of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self insured retentiongl to the
SANITATION DISTRICT on the Certificate ol4nsurance. All deductibles and/or
self insured retentions require approval by fe NITATION DISTRICT. At the
option of the SANITATION DISTRICT, ither: a insurer shall reduce or
eliminate such deductible or self-insure&Tetention as respects the SANITATION
DISTRICT; or the CONSULTANT shall pro Me financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing Ogyment of losses and related
investigations, claim administration, defense expenses.
M. Defense Costs
Liability policies shall have a rovisio hat defense costs for all insureds and
additional insureds are pr i5 additi n to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall sponsible to establish insurance requirements for
any subconsulta t hired by t e CONSULTANT. The insurance shall be in
amounts and tyiTes eajonably sufficient to deal with the risk of loss involving the
subconsuit is at' ns and work.
9. SCOPE CHANGES. In vent of a change in the scope of the proposed project,
requested by SANITATIO DISTRICT, the parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new Agreement, including
but not limited to any additional CONSULTANT's fees.
10. PROJECT TEAM AND SUBCONSULTANTS. CONSULTANT shall provide to
SANITATION DISTRICT, prior to execution of this Agreement, the names and full
description of all subconsultants and CONSULTANT's project team members anticipated
to be used on this project 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.
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 14 of 20
11. ENGINEERING REGISTRATION. The CONSULTANT personnel is 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 sups ision of registered
engineers.
12. AUDIT PROVISIONS
I. SANITATION DISTRICT retains the reasoleOht cess, review, examine,
and audit, any and all books, records, docL#Vnts and a y other evidence of
procedures and practices that the SAN ITA DISTRICT determines are
necessary to discover and verify that th CO LTANT is in compliance with all
requirements under this Agreement. Th CO SULTANT shall include the
SANITATION DISTRICT'S right as describ a ve, in any and all of their
subcontracts, and shall ensure that these righ are binding upon all
Subconsultants.
ii. SANITATION DISTRICT retains thefence
examine CONSULTANT's books,
records, documents and any other eof procedures and practices that the
SANITATION DISTRICT determinesessary to discover and verify all
direct and indirect costs, ow atever nature, which are claimed to have been
incurred, or anticipated t5 be incyii or to ensure CONSULTANT's compliance
with all requirements ni7arsftegrZts
ement during the term of this Agreement and
for a period of three (3) termination.
III. CONSULTANT s all aintain complete and accurate records in accordance with
generally acce e d try standard practices and the SANITATION DISTRICT's
policy. The ONSULT NT shall make available to the SANITATION DISTRICT
for review an udit, Project related accounting records and documents, and
any other financ to within 15 days after receipt of notice from the
SANITATION DIS ICT. Upon SANITATION DISTRICT's request, the
CONSULTANT shall submit exact duplicates of originals of all requested records
to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall
ensure that a qualified employee of the CONSULTANT will be available to assist
SANITATION DISTRICT's auditor in obtaining all Project related accounting
records and documents, and any other financial data.
13. LEGAL RELATIONSHIP BETWEEN PARTIES. The legal relationship between the
parties hereto is that of an independent contractor and nothing herein shall be deemed to
make CONSULTANT an employee of the SANITATION DISTRICT.
14. TERMINATION. The SANITATION DISTRICT mayterminate 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.
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 15 of 20
Notice of termination shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Sarah Strader
Notice of termination shall be mailed to CONSULTANT
CARDLLO ENGINEERS, INC.
Douglas Lanning, PE, PMP
10540 Talbert Ave, Suite 200 East
Fountain Valley, CA. 92708
15. DOCUMENTS AND STUDY MATERIALS. The do is and study materials for this
project shall become the property of the SANITATIO (STRICT upon the termination or
completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT
copies of all memoranda, correspondence\�rgQy�tion and study materials in its files
pertaining to the work described in this Agree n , which is requested in writing by the
SANITATION DISTRICT. '��� C
16. COMPLIANCE. CONSULTANT//eertyies by1he execution of this Agreement that it pays
employees not less than the minmum wgfe as defined by law, and that it does not
discriminate in its employme wit d to race, color, religion, sex or national origin;
that it is in compliance with all eral state and local directives and executive orders
regarding non-discrimination in a yment; and that it agrees to demonstrate positively
and aggressively the priryciple f equal opportunity in employment.
17. CONTRACT EXE TION AU HORIZATION. Both the SANITATION DISTRICT and
CONSULTANT do c enant at each individual executing this document by and on
behalf of each party is a on duly authorized to execute contracts 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 inequity or if any proceeding in the form of an Alternative Dispute Resolution
(ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs and necessary disbursements
in addition to any other relief to which he may be entitled.
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
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 16 of 20
part of the services fails to meet those standards, CONSULTANT shall, within the time
prescribed by the SANITATION DISTRICT, take all such actions as are necessary to
correct or complete the noted deficiency(ies).
22. INDEMNIFICATION. To the fullest extent permitted by law, ONSULTANT shall
indemnify, defend (at CONSULTANT'S sole cost and exp and with legal counsel
approved by the SANITATION DISTRICT, which approv ll not be unreasonably
withheld), protect and hold harmless the SANITATION RICT and all of
SANITATION DISTRICT'S officers, directors, employ ONSULTANT's, and agents
(collectively the"Indemnified Parties"), from and agains any II claims, damages,
liabilities, causes of action, suits, arbitration awards, sses,jud ments, fines, penalties,
costs and expenses (including, without limitation, o rrlpys fees, disbursements and
court costs, and all other professional, expert or C NILTANT'S fees and costs and the
SANITATION DISTRICT'S general and adminls�tfstive expenses; individually, a"Claim";
collectively, "Claims")which may arise from or areman
y manner related, directly or
indirectly, to any work performed, or any operations, bAlvities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful miscblr u t CONSULTANT, its principals,
officers, agents, employees, CONSULTANT' u pliers, CONSULTANT,
subconsultants, subcontractors, and/or anyo employed directly or indirectly by any of
them, regardless of any contributing negligee or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nyytthhi� here' shall be construed to require
CONSULTANT to indemnify the4ndemni d Parties from any Claim arising solely from:
(A)the active negligence or wi I misconduct of the Indemnified Parties; or
(B) a natural disaster or other ado God, such as an earthquake; or
(C)the independe t action of third party who is neither one of the Indemnified Parties
nor the CONSUL ANT, its principal, officer, agent, employee, nor
CONSULTANT'S s pl' , CONSULTANT, subconsultant, subcontractor, nor anyone
employed directly or i iredly by any of them.
Exceptions (A)through (B)above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT'S liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT
of any of the provisions of this Agreement. Under no circumstances shall the insurance
requirements and limits set forth in this Agreement be construed to limit
CONSULTANT'S indemnification obligation or other liability hereunder. The terms of this
Agreement are contractual and the result of negotiation between the parties hereto.
Accordingly, any rule of construction of contracts (including, without limitation, California
Civil Code Section 1654)that ambiguities are to be construed against the drafting party,
shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND. The duty to defend hereunder is wholly independent of and
separate from the duty to indemnify and such duty to defend shall exist regardless of any
ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8.
Such defense obligation shall arise immediately upon presentation of a Claim by any
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 17 of 20
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 Indem 'fled Party's rights to
indemnification hereunder. In the event a final judgment, ation, award, order,
settlement, or other final resolution expressly determine the claim did not arise out
of, pertain to, or relate to the negligence, recklessness I misconduct of the
CONSULTANT, to any extent, then the DISTRICT wil rse CONSULTANT for the
reasonable costs of defending the Indemnified Pas agains h claims.
CONSULTANT'S indemnification obligation hereu7erfhall survive the expiration or
earlier termination of this Agreement until such4time action against the Indemnified
Parties for such matter indemnified hereunder is ully and finally barred by the applicable
statute of limitations.
24. ENTIRE AGREEMENT. This Agreement onstitutes the entire understanding and
agreement between the Parties and su' rse� previous negotiations between them
pertaining to the subject matter thereof. (/"
V�
V
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 18 of 20
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT
as of the day and year first above written.
ORANGE COUNTY SANIT N DISTRICT
By
Marc Dubois (ApproQved as to orm) Date
Contracts, Purchag and Materials
Management Div! on hidlanager
By V
Chair, BG�zd of D ectors Date
By
IBle of the Board Date
CA CLO ENGINEERS, INC.
V y
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments:
Attachment"A"—Scope of Work
Attachment"B"—Allowable Direct Costs
SS:eh
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 19 of 20
EDMS: M3969378
1 V
V
PDSA PROJECT NO. P1-123
Revised 11/17/10 Page 20 of 20
OPERATIONS COMMITTEE Meeth,D61e TOBd 0111 ,.
02/06/13 02/27/13
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
Manager: Mark Esquer, P.E., Engineering Manager for Service Contracts
and Collection Facilities O&M
SUBJECT: CHANGE ORDER NO. 1 TO P.O. NUMBER 103690-OB, VOYAGER
FLEET SYSTEMS INC. FOR FUEL PURCHASE
GENERAL MANAGER'S RECOMMENDATION
A. Approve Change Order No. 1 to P.O. Number 103690-OB issued to Voyager Fleet
Systems Inc. for the purchase of unleaded/diesel fuel for vehicles and marine vessel
authorizing an additional $80,000 to increase total annual contract amount from
$275,440 to a not to exceed amount of$355,440; and,
B. Approve a contingency of$17,772 (5%); and,
C. Authorize the use of the State of California Department of General Services (DGS)
Statewide Travel Management Program for vehicle fuel requirements, for the period
May 1, 2013 through April 30, 2014, for a total amount not to exceed $332,600, with
four one-year renewal options, in accordance with Resolution No. OCSD 07-04,
Section 3.08: Cooperative Procurement; and,
D. Approve a contingency of$33,260 (10%).
SUMMARY
This contract provides for OCSD's Fuel Card Program which issues every OCSD
vehicle a charge card to purchase unleaded gasoline or diesel fuel from fueling stations.
Using this contract, negotiated by the state of California, we pay a less-than-retail price
per gallon.
This increase to the authorized total contact amount is needed as the cost of both
unleaded gasoline and diesel fuel has increased over the past year beyond staffs
projections. The average monthly program cost is currently $29,000. In addition to the
unit fuel cost increases, we also experienced extra usage of diesel fuel by OCSD's
ocean monitoring vessel the MV Nerissa during the recent five-mile outfall repair
project. The current contract is insufficient and requires the recommended changes.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
Page 1
ADDITIONAL INFORMATION
The State of California DGS agreements are available to all State of California
governmental entities (state agencies, cities, counties, special districts, school districts,
universities, etc.) that expend public funds for the acquisition of both goods and
services.
The State of California purchases a wide variety of goods and services ranging from
pencils to temporary labor. Annual purchases total almost $10 billion. The
Procurement Division (PD) is the central purchasing authority for all state departments
and local governmental agencies. With a massive marketplace and billions of dollars in
purchasing power they are able to offer a lower procurement cost to California's state,
county, city, special district, education and other government entities through their
agreements. These agreements allow entities/agencies to buy directly from suppliers
through existing contracts and agreements.
Contract Ownership: California Department of General Services
Contract Documents/Pricing (DGS-OFA-OPPS-06; TRAVEL BULLETIN 10-08)
Term of Agreement: 5/1/2012 —4/30/2013
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with Delegation of Authority Section 3.08.
Date of ADDroval Contract Amount Continnencv
09/01/09 $250,400.00 $25,040(10%)
02/27/13 $355,440.00 $17,775(5%)
ATTACHMENT
The following attachment(s)is included in hard copy and may also be viewed on-line at the OCSD
website(www.ocsd.coml with the complete agenda package:
( DGS Travel Bulletin #12-03 (5 pages)
Page 2
DEPARTMENT OF GENERAL
CES
Des STATEWIDE TRAVEL MANAGEMENTIPROGRAM
TRAVEL BULLETIN
Travel Bulletin: # 12-03 Effective Date: May 1, 2012
Expiration Date: April 30, 2013
SUBJECT: Existing Contract Extension
PURPOSE: Notification of the One Provider Contract Extension
(American Express Corporate Services and Voyager Fleet Systems, INC.)
REFERENCE: DGS-OFA-OPPS-06; Travel Bulletin 11.04
Purpose This Travel Bulletin announces the extension of the Department of General
Services (DGS) One Provider Contract with American Express Corporate
Services and Voyager Fleet Systems, INC. The term of this amendment is
May 1, 2012 through April 30, 2013.
Contract The American Express Payment System provides centrally billed accounts for
Overview and airlines, rail, and car rental via the Business Travel Account (BTA) and
Information individual travel charge cards for frequent state travelers. In addition,
American Express provides the centrally-billed Meeting Planners Account
(MPA) for the payment of consolidated lodging, and meeting and conference
hotel charges.
The Voyager Fleet Payment System is a fuel card that can be used at more
than 10,000 locations throughout California to purchase fuel, alternative fuels,
Fluids, and lubricants. The Voyager card is also accepted by all major repair
and maintenance providers throughout the State. Voyager maintains data
security savings and controls. The Voyager program exempts all Federal and
State taxes, resulting in cost savings for the State.
Standard A copy of the Standard Agreement Amendment, Sid. 213A, describing all
Agreement amendments to the One Provider contract is posted on the STAMMP website
Amendment, (www.das.ca.cov/travel) under"Travel Bulletins" and "What's New". All
Std. 213A amendments to the contract have been made part of, and are incorporated
into, the agreement including the addition of Exhibit D, Special Terms and
Conditions. Exhibit D emphasizes that individual government cards are only to
be used for business travel purposes. Department Travel Program
Administrators and Travel Coordinators must be aware of, and familiar with, all
amendments Included on the Std. 213A.
One Provider American Express — Doug Browne, doug.browneOaexo.com
Account Voyager Fleet Systems—Mark Hess, mark.hesst(causbank.com
Managers
DGS Statewide If you need additional contract information or assistance, please contact:
Travel Program Lori Wasson, Travel Program Specialist '
Contract DGS Statewide Travel Program
Administrator (916) 376-3992
lori.wassonOd gs.ca.gov
STANDARD AGREEMENT AMENDMENT
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D. Amend contract tern for an additional twetve(12)nwnOw. The effective deter of thle contract Is November t,
2008 and this amendment extends the term through April 30,2013.
E. Add Exh bft D, Special Terms and Conditions
All other Isrme and COndWans shall remaln the ame.
IN WITNESS WHEREOF,Ibh AErwmaet ba bau aeand by Of Pudu Mato.
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Exhibit D
Special Terms and Conditions
I. AUDITS: Contractor shall be given written notice prior to any audits conducted by or on the behalf of
State. Any records and supporting documentation requested in connection with an audit must solely pertain
to this Agreement. Audits shall take place in a mutually agreeable location.
2. TIMELINESS: The parties agree that the Contractor shall be required to employ no more than generally
accepted industry standards for the performance of the services.
3. LIMITATION OF LIABILITY: IN NO EVENT SHALL CONTRACTOR'S AGGREGATE LIABILITY
FOR ANY CLAIMS,DAMAGES,LAWSUITS,LOSSES OR CAUSES OF ACTION ARISING UNDER
OR RELATING TO THIS AGREEMENT(WHETHER IN CONTRACT,TORT,WARRANTY OR
OTHERWISE)EXCEED THE COMBINED TOTAL AMOUNT OF ONE MILLION DOLLARS
($1,000,000.00)REGARDLESS OF THE BASIS OF THE CLAIM OR CAUSE OF ACTION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,THE FOREGOING LIMITATION
OF LIABILITY SHALL NOT APPLY TO AMOUNTS DUE AND OWING TO CONTRACTOR
HEREUNDER FOR CHARGES AND AMOUNTS DUE AND OWING TO EITHER PARTY
PURSUANT TO THE FINANCIAL APPENDIX,IF ANY.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY
AND EXCEPT AS OTHERWISE EXPRESSLY PROHIBITED BY APPLICABLE LAW,NEITHER
PARTY NOR TTS DIRECT OR INDIRECT SUBSIDIARIES,AFFILIATES,AGENTS,EMPLOYEES OR
REPRESENTATIVES SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,SPECLAL,
INCIDENTAL,CONSEQUENTIAL,PUNITIVE,OR EXEMPLARY DAMAGES OF ANY KIND
(INCLUDING,WITHOUT LIMITATION,LOST REVENUES,LOSS OF PROFITS,OR LASS OF
BUSINESS),ARISING FROM THIS AGREEMENT OR RELATING TO THE OBLIGATIONS
HEREUNDER,EVEN IF ADVISED OF SUCH POTENTIAL DAMAGES.
4. PROGRAM MODIFICATTON: Contractor has the right to effect Program Modifications at any time upon
notice to the State. A"Program Modification"means a change(a)in or to a benefit or feature or method of
operation of any American Express Account approved for the State which change is generally and broadly
applicable to the type of American Express account or(b)broadly applicable to the type of American
Express Account established hereunder. The State agrees that any Program Modification by Contractor
shall become effective if the State maintains or uses the American Express Accounts after the effective date
specified in the notice,but in no circumstance shall the effective date be less than 60 days after the notice.
The State may choose not to accept the Program Modifications by terminating this Agreement with notice to
Contractor.No oral understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.
"American Express Account(s)"means any charge accounts and charge cards issued by American Express
to Company,its Affiliates and/or their respective Employees for the purposes of facilitating and expediting
the purchase of and payment for goods and services acquired for legitimate business purposes.
5. USE OF ACCOUNTS: The State warrants and agrees that its policy shall limit the use of American
Express Accounts to legitimate business purposes and that the State shall comply with such policy. In no
event shall an American Express Account be used for any other purpose,including,but not limited to,
personal,family or household purposes of any employee. The State shall notify in writing its employees of
this business purpose restriction to ensure that the American Express Accounts are used only for the
legitimate business purposes of the State and to preclude Unauthorized Use.
"Unauthorized Use"is a use that(i)did not benefit either State or the Commercial Cardmember and(ii)was
incurred by someone who is not the Commercial Cardmember or who did not have actual, implied or
apparent authority to use the American Express Account.
"Commercial Cardmembers"means State employees and participating governmental entities who are
approved by American Express and are designated and authorized by the State to incur expenses on its
behalf.
THE REST OF THIS PAGE IS BLANK
OPERATIONS COMMITTEE Meath,Date TOBd 0111 ,.
02/06/13 02/26/13
AGENDA REPORT Item Number Item Number
6
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Jim Colston, Environmental Compliance Manager
SUBJECT: REVISED RESOLUTION ON BIOSOLIDS RECYCLING
GENERAL MANAGER'S RECOMMENDATION
Adopt Board Resolution No. OCSD 13 - XX, revising the Biosolids Recycling Resolution
and repealing Board Resolution No. OCSD 06-10.
SUMMARY
Staff recommends updating OCSD's Biosolids Recycling Resolution to align with
OCSD's 5-Year Strategic Plan adopted on November 2012, and to reflect the current
state and conditions impacting OCSD's biosolids management program.
Since the 2006 update of the OCSD Board Resolution (OCSD 06-10) supporting
biosolids recycling, OCSD has:
( Maintained a diversified biosolids management program.
( Changed its biosolids recycling level of service.
( Maintained and renewed its commitment to land application.
( Terminated the EnerTech long-range contract (energy option)for failure to perform.
( Anticipates a one-third reduction in biosolids produced by 2017 due to solids
facilities' capital improvements (centrifuge technology creating dryer biosolids) and
the Irvine Ranch Water District managing their own biosolids.
The revised policy submitted for the Board's consideration reflects these changes
mentioned above, including historic milestones, and adds commitments to:
( A sustainable biosolids program by maintaining a diversified portfolio of off-site
biosolids management options with multiple biosolids contractors, markets, and
facilities, while maintaining a 100% fail-safe back-up capacity.
( Strive to balance financial, environmental, and societal considerations when making
biosolids decisions.
Page 1 of 2
( Utilize a biosolids management system to maintain a sustainable and publicly-
supported biosolids program.
( Support researching and implementing ways to reduce the volume biosolids
produced at the treatment plants.
( Support continuing to research biosolids benefits and potential safety concerns.
( Continue demonstrating biosolids compost onsite, but removes "encouraging our
member agencies." Our biosolids contractor no longer has a local composting facility
and products and services that match our member agencies' needs, so this program
is no longer feasible.
PRIOR COMMITTEE/BOARD ACTIONS
May 2006 - Adopted Resolution No. OCSD 06-10, Revising the Biosolids Recycling
Resolution and Repealing Board Resolution No. OCSD 02-18.
September 2002 - Adopt Resolution No. OCSD 02-18, in Support of Biosolids
Recycling, and Repealing Resolution No. OCSD 00-05.
April 2000 - Adopt Resolution No. OCSD 00-05, Declaring Support for Biosolids
Application, and Repealing Resolution No. OCSD 99-03.
April 1999 - Adopt Resolution No. OCSD 99-03 Declaring Support for Biosolids
Application.
ADDITIONAL INFORMATION
Attachments include the original 2006 Biosolids Recycling Resolution and the
recommended revisions for 2013 version.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s)maybe viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
1. Proposed Resolution No. OCSD 13-XX
2. Resolution No. OCSD 06-10
3. Resolution No. OCSD 02-18
JC:jb:gc
Page 2 of 2
RESOLUTION NO. OCSD 13-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT IN SUPPORT OF BIOSOLIDS
RECYCLING AND REPEALING RESOLUTION NO. OCSD 06-10
WHEREAS, the Orange County Sanitation District ("District") produces
biosolids at its two wastewater treatment plants; and
WHEREAS, biosolids are the solid product of municipal wastewater
processing which have been extensively and properly treated so that they may be
safely recycled to amend soil directly, create composted soil amendments, produce
energy, or other beneficial uses; and
WHEREAS, the District promotes the recycling of biosolids in a manner that
is safe, environmentally beneficial, and is sensitive to the needs of the communities
involved; and
WHEREAS, in 1993 the United States Environmental Protection Agency
(EPA) established rules, which included a thorough health-risk assessment,
regulating the treatment and use of biosolids (40 Code of Federal Regulations Part
503). These Regulations have since protected public health and the environment by
ensuring the safe and beneficial recycling of biosolids when managed in accordance
with the rules; and
WHEREAS, decades of use, research, and regulatory review and oversight
have demonstrated the benefits and safety of biosolids; and
WHEREAS, the direct application of high-quality biosolids as a soil
amendment is sustainable, safe, provides beneficial nutrients to the soil, sequesters
significant amounts of carbon for a net carbon reduction, and is an environmentally-
friendly alternative to — and reduces the need for — fossil-fuel intensive fertilizers,
pesticides, and herbicides; and
WHEREAS, the production of compost for agricultural, commercial, and
residential markets is sustainable, safe, provides beneficial nutrients to the soil, is a
local source of recycled nutrients, and is an environmentally-friendly alternative to —
and reduces the need for—fossil-fuel intensive fertilizers, pesticides, and herbicides;
and
WHEREAS, the production of energy and other alternative products from
biosolids can be sustainable, safe, and an environmentally-friendly option for utilizing
the District's biosolids and ensuring continued diversity of the District's biosolids
management options for sustainability; and
WHEREAS, it is the law of the State of California that municipalities divert
recyclable materials from disposal in landfills and may be required to divert even
more in the future. The District also recognizes that limited (up to 100 tons per day)
use of local landfills can provide benefits including enhancing methane gas recovery
Page 1 of 4
at the landfill, providing an in-county biosolids management option, increasing the
diversity of the District's biosolids management options, and adding another low-cost
option during the District's peak biosolids production period (until 2017), thereby
increasing the District's biosolids program sustainability; and
WHEREAS, in order to promote a standard of excellence, the District
maintains a Biosolids Management System and adheres to the principles of the
National Biosolids Partnership's Code of Good Practice and best management
practices of the California Water Environment Association's (CW EA) Manual of Good
Practice for Agricultural Land Application of Biosolids; and
WHEREAS, in order to maintain the highest-quality biosolids for beneficial
use, the District maintains a comprehensive and award-winning Source Control
program that includes permits, and in some cases onsite treatment, for categorized
industries, along with best management practices and outreach programs for non-
industrial discharges to prevent pollutants entering the District's plants.
WHEREAS, reducing the volume of biosolids produced onsite, reduces
impacts associated with managing biosolids offsite such as traffic and truck
emissions; and
WHEREAS, the District supports ongoing research regarding emerging
biosolids-related questions including studies performed by the EPA, Water
Environment Research Foundation, and the National Science Foundation to ensure
the continued safety of biosolids recycling practices; and
WHEREAS, by 2003 most agriculturally-based counties in south and central
California placed restrictive ordinances or bans on farming with biosolids; therefore
highlighting the criticality for strong biosolids management practices including a
biosolids management system and proactive education and outreach; and
WHEREAS, the 2003-2004 Orange County Grand Jury issued findings related
to public concerns regarding farming with biosolids and recommended the District's
continued participation in national surveys, research on emerging concerns, and
incident trackers in order to demonstrate the District's ongoing commitment to
protecting public health and address nuisances; and
WHEREAS, the District commissioned a Long-Range Biosolids Management
Plan that was completed in 2003 and included recommendations with the goal of a
long-term sustainable biosolids program. The Plan recommended diversity and fail-
safe back-ups as ways to prevent biosolids market failures and thereby maintain
reliability, minimize costs, and reduce risks to the District.
The Plan also valued using local (in-county) options to reduce environmental
impacts associated with hauling greater distances, create a closed-loop system
(solids generated, treated, and used in the same county — including costs and
revenues), and accept social responsibility for our biosolids use to increase
community acceptance at out-of-county biosolids facilities.
The District continues to implement the recommendations of the Plan including
maintaining a diverse program of biosolids management (multiple biosolids
Page 2 of 4
contractors, markets, and facilities), maintaining fail-safe back-up capacity, and
developing in-county facilities and markets.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District,
DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1. The District is committed to a sustainable biosolids program.
Section 2. The District is committed to diversifying its portfolio of offsite
biosolids management options with multiple biosolids contractors, markets, facilities,
and maintaining fail-safe back-up capacity at least 100% of its daily biosolids
production.
Section 3. The District declares its support of recycling biosolids.
Section 4. The District strives to balance financial, environmental, and
societal considerations when making biosolids decisions.
Section 5. The District is committed to utilize a biosolids management
system to maintain a sustainable and publicly supported biosolids program.
Section 6. The District is committed to researching and implementing
ways to reduce the volume of biosolids at the treatment plants to minimize the need
for offsite management.
Section 7. The District declares its support of continuing to research
biosolids benefits and potential safety concerns.
Section 8. The District demonstrates the benefits of biosolids compost by
using it at the District's facilities.
Section 9. Resolution No. OCSD 06-10 is hereby repealed.
Section 10. This Resolution shall become effective immediately upon its
adoption.
Page 3 of 4
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
on the day of February 27, 2013.
Troy Edgar, Chair
ATTEST:
Maria E. Ayala, Clerk of the Board
Page 4 of 4
RESOLUTION NO. OCSD 06-10
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT IN SUPPORT OF BIOSOLIDS
RECYCLING AND REPEALING RESOLUTION NO. OCSD 02-18
WHEREAS, biosolids are the solid product of municipal wastewater
processing which have been extensively and properly treated so that they may be
safely recycled to amend soil, produce energy, create compost, or other beneficial
uses, rather than take up limited landfill space in California; and
WHEREAS, the Orange County Sanitation District ("District") produces
biosolids at Its two wastewater treatment plants; and
WHEREAS, the United States Environmental Protection Agency (EPA) has
adopted detailed and scientifically sound rules regulating the production and use of
biosolids [40 Code of Federal Regulations Part 503 (Part 503 Rule)]. These
Regulations assure the safe and beneficial use of biosolids when properly managed
in accordance with the rules; and
WHEREAS, the District supports ongoing research regarding emerging
biosolids-related questions including studies performed by the EPA, Water
Environment Research Foundation, and the National Science Foundation to ensure
the continued safety of biosolids recycling practices; and
WHEREAS, In order to promote a standard of excellence and to assure for
the proper oversight, the District commits to Implementing the biosolids
management practices found In the California Water Environment Association's
(CWEA) Manual of Good Practice for Agricultural Land Application of Biosolids and
the National Biosolids Partnership's National Manual of Code of Good Practice for
Biosolids, as a basis for its Biosolids Environmental Management System; and
WHEREAS, the application of high quality biosolids on nonfood products is
safe, provides beneficial nutrients to the soil when applied at agronomic rates, and is
consistent with the environmental application of fertilizers, pesticides, and herbicides
on agricultural lands; and
WHEREAS, the production of energy products from biosolids is a safe and
environmentally-friendly option for recycling District's biosolids and ensures
continued diversity of the District's biosolids management options for continued
sustainability; and
WHEREAS, it is the law of the State of California that municipalities divert
recyclable materials from disposal in landfills in order to achieve a 50% waste
diversion by Year 2000 (Assembly BIII 939); and
WHEREAS, in order to maintain the highest quality biosolids for beneficial
use, the District maintains a comprehensive Industrial Waste Pretreatment and
Source Control Program, which has received the United States Environmental
Protection Agency's award for excellence; and
WHEREAS, the District maintains a diverse program of biosolids
management, including the application to nontable-food crop agricultural land in
Southern California, consistent with the District's mission to protect public health and
the environment through excellence in wastewater systems,
WHEREAS, the District promotes the recycling of biosolids in a manner that
is safe, environmentally beneficial, and is sensitive to the needs of the communities
involved.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District,
DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1. The District declares its full support for the recycling of
biosolids.
Section 2: The District will use on its site, and encourage its Member
Agencies to use at their facilities, compost made using District biosolids.
Section 3: The District supports the proper management and oversight of this
practice in accordance with the United States Environmental Protection Agency's
Part 503 Rule and the CWEA Manual of Good Practice.
Section 4: Resolution No. OCSD 02-18 is hereby repealed.
Section 5: This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED at a regular meeting of the Board of Directors
held on the 24th day of May, 2006.
" y
.a
ATTEST:
Board Sec tary
RESOLUTION NO. OCSD 02-18
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT IN SUPPORT OF BIOSOLIDS
RECYCLING AND REPEALING RESOLUTION NO. OCSD 00-05
WHEREAS, biosolids are the residual product of municipal wastewater
processing which have been extensively and properly treated so that they may
be safely recycled to amend soil rather than take up limited landfill space; and
WHEREAS, the Orange County Sanitation District ("District") produces
biosolids at its two wastewater treatment plants; and
WHEREAS, the United States Environmental Protection Agency has
adopted detailed and scientifically sound rules regulating the production and use
of biosolids [40 Code of Federal Regulations Part 503 (Part 503 Rule)]. These
Regulations assure the safe and beneficial use of biosolids when properly
managed in accordance with the rules; and
WHEREAS, the District supports and implements the biosolids
management practices found in the California Water Environmental Association's
("CWEA") Manual of Good Practice for Agricultural Land Application of Biosolids,
in order to promote a standard of excellence for applying biosolids to agricultural
land, and to assure for the proper oversight of this practice; and
WHEREAS, the application of high quality biosolids on nonfood products
is safe, provides beneficial nutrients to the soil when applied at agronomic rates,
and is consistent with the environmental application of fertilizers, pesticides, and
herbicides on agricultural lands; and
WHEREAS, it is the law of the State of California that municipalities divert
recyclable materials from disposal in landfills in order to achieve a 50% waste
diversion by Year 2000 (Assembly Bill 939); and
WHEREAS, in order to maintain the highest quality biosolids for beneficial
use, the District maintains a comprehensive Industrial Waste Pretreatment and
Source Control Program, which has received the United States Environmental
Protection Agency's award for excellence; and
1
WHEREAS, the District maintains a diverse program of biosolids
management, including the application to nontable-food crop agricultural land in
Southern California, consistent with the District's mission to protect public health
and the environment through excellence in wastewater systems,
WHEREAS, irrespective of the biosolids management option selected, the
District commits to implementing the National Biosolids Partnership's Code of
Good Practice as a basis for an Environmental Management System for its
biosolids management program; and
WHEREAS, the District desires to promote the continuance of the
recycling of biosolids to nontable-food crop agricultural land in a manner that is
safe, environmentally beneficial, and is sensitive to the needs of the communities
involved.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District,
DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: The District declares its full support for the recycling of
biosolids.
Section 2: The District will use on its site, and encourage its Member
Agencies to use at their facilities, compost made using District biosolids.
Section 3: The District supports the proper management and oversight
of this practice in accordance with the United States Environmental Protection
Agency's Part 503 Rule and the CW EA Manual of Good Practice.
Section 4: Resolution No. OCSD 00-05 is hereby repealed.
Section 5: This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED at a regular meeting of the Board of Directors
held on the 25th day of September, 2002.
e
OWair
ATTEST:
Board Stp retary
Document2 .r •`�J'
OPERATIONS COMMITTEE Meeting Date TOBd 0111 ,.
02/06/13 02/27/13
AGENDA REPORT Item Number Item Number
7
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Kanetis, Director of Engineering
SUBJECT: TRICKLING FILTER PUMP REPAIRS AT PLANT NO. 2
GENERAL MANAGER'S RECOMMENDATION
A. Approve a sole source agreement with J.F. Shea Construction, Inc. for an amount
not to exceed $430,000 for the repair of trickling filter pumps at Plant No. 2; and,
B. Approve a contingency of$43,000 (10%).
SUMMARY
The trickling filter facility at Plant No. 2 was part of the secondary treatment expansion
program and added 60 million gallons a day of secondary treatment to Plant No. 2. The
original construction cost was $179,676,980 and the Contractor was J.F. Shea
Construction, Inc. The project was completed in August 2011 with a final construction
cost of $180,769,811, which equates to 0.61% change orders. The project returned
$3,032,000 in unused budget.
After the facility had been in operation six months, failures of the seal water system on
one of the pumps was discovered. At that time, staff considered the failure a
construction warranty item and directed the Contractor to perform the repair. While the
Contractor was making repairs to fix the pump, staff noticed that the remaining five
pumps were beginning to show signs of similar seal water issues. Staff notified the
Contractor that repairs to the remaining five pumps would be likely as well.
During the repair of the pumps, it was determined by the Contractor and manufacturer
that the quality of water in the seal water system did not meet the manufacturer's
requirements and was likely the cause of failure. Staff, along with the Design
Consultant and a specialty corrosion consultant, investigated the cause of the seal
water failure. The cause was determined to be excessive corrosion within the internal
portions of the pumps caused by the feed water chosen for the seal water system. The
choice of feed water was staff's decision during the commissioning phase. Staff had
selected the most cost-effective feed water, unaware of the negative consequences to
the seal water system.
Keeping this facility operational is critical to meeting the permit requirements for
secondary standards. As the repairs are no longer considered a warranty item, staff
must obtain immediate construction services to complete the repairs. J.F. Shea
Construction, Inc. is in the best position as the original equipment installer to continue to
Page 1 of 3
repair the remaining pumps in an expedited manner to keep the facility operational and
meet permit requirements. Staff is requesting a sole source contract be issued to J. F.
Shea Construction, Inc. for the cost to date on the repairs, as well as the cost to
complete the repairs.
Risk Management shall explore any opportunities to recover money under the
Sanitation District's Equipment Breakdown Insurance.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The trickling filter pump station includes six pumps that feed primary effluent to the
trickling filters. Each pump houses a 300 horsepower motor and is able to pump 36
million gallons a day. The pumps are a critical component to the facility and pump
operability is required to comply with the EPA Consent Decree for secondary standards.
The design incorporated two sources of feed water for the seal water system, reclaimed
water and plant water. Reclaimed water is highly treated wastewater effluent and is
purchased from other agencies. Plant water is chlorinated secondary effluent and a no
cost water source. This facility was designed to make use of reclaimed water with a
plant water back up. During commissioning of the facility, however, staff chose to use
plant water as the primary feed source in an effort to save money, unaware of the
negative consequences to the seal water system.
J.F. Shea has spent $196,953 to date on the repairs. They estimate an additional
$233,047 to complete the repairs.
CEQA
N/A
BUDGET/ DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted. (Line item: Section 8, Page 111).
Date of Aooroval Contract Amount Continaencv
02/27/13 $430,000 $43,000 (10%)
Page 2 of 3
ATTACHMENT
The following attachment(s)maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the
complete agenda package:
( Sole Source Agreement, J.F. Shea Construction, Inc. (7 pages)
KM:dm
Page 3 of 3
SERVICE CONTRACT
Specification No.
THIS AGREEMENT is made and entered into as of the date fully executed below by and
between Orange County Sanitation District, with a principal place of business at 10844 Ellis
Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and
Company Name with a principal business at address
(hereinafter referred to as "Contractor") collectively referred to as the "Parties".
RECITALS
WHEREAS, OCSD desires to retain the Wices of Contractor
"Services"; and
WHEREAS, OCSD has chosen actor to conduct Services in accordance asi
Resolution No. OCSD07-04; and , _
WHEREAS, on , the Board of Directors of OCSD, by minute order,
authorized execution of this Contract between OCSD and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and education and
expertise to accomplish such Services,
NOW THEREFORE, in consideration of th omises and tuaenefits exchanged between
the Parties, it is mutually agreed as follows:
1. Introduction
1.1 This Contract and all exhibits hereto called the "Contract") is made by OCSD and
Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as
described in the Scope of Work, attached hereto and incorporated herein by reference as
Exhibit"A".
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract
as though fully set forth at length herein. Exhibits to this Contract are as follows in order of
precedence:
Exhibit"A" Scope of Work
Exhibit"B"
Exhibit"C"
Exhibit"D"
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and
any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects
govern and control.
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not
affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
Orange County Sanitation District 1 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 The term "hours", when used in this Contract, shall be as defined in Exhibit
1.8 Contractor shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the price provided under"Compensation" below.
1.9 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 p ject shall not exceed the total amount of
and 00/00 Dollars
3. Payments Payments shall be made upon approval by OCSD Project Manager,
or his designee, of invoices submitted for milestone tasks completed as
described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to
whether the tasks and deliverables for each milestone have been satisfactor&completed.
4. Invo' `
4.1 OCSD hall pay within 30 dafs of completion and receipt and approval by OCSD Project
Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges
thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall
include the Purchase Order Number.
4.2 Invoices shall be emailed by Contractor to OCSD at the following email address and the
Purchase Order number shall be referenced in the subject line: APStaff(&,OCSD.com.
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.
66�� Scope of Work Subject to the terms of this Contract, Contractor shall perform the
Sirvices identified in Exhibit "A" and . Contractor shall perform said Services in
accordance with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing and
signed by both Parties.
8. Contract Term The services provided under this Contract shall be completed within
days from the date of notice to proceed.
9. Performance Time is of the essence in the performance of this Contract and the
provisions hereof.
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, (delivered by certified mail,
return receipt requested) of intent to terminate. Upon receipt of a termination notice, Contractor
shall immediately discontinue all work under this Contract (unless the notice directs otherwise).
Orange County Sanitation District 2 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
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:
O if Contractor becomes insolvent or files a petition un�the Bankruptcy Act; or
O if Contractor sells its business; or
O if Contractor breaches any of the terms of this Contract; or
O if total amount of compensation exceeds the amount authorized under this Cor
10.4 All OCSD property in the possession or control of Contractor shall be returned b
Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs St.
11. Forceffaieure Neither party shall be liable for delays caused by accident, floolpacts 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.
12. Safety and Human Resources Policies Cor4Wor shall adhere to the Safety and
Human Resources Policies in [Exhibit "B" hereto or
http://www.ocsewers.com/index.aspx?r)aqe=3§-o arent=139531.
13. 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 "). 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.
14. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify,
defend and hold harmless OCSD against any and all liability, claims, judgments, cost and
demands, including demands arising from injuries or death of persons and damage to property,
arising directly or indirectly out of the negligence or willful misconduct of Contractor, its
employees or agents, in relation to the rendition of services pursuant to this Contract, except
claims or litigations arising through the sole negligence or willful misconduct of OCSD.
Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney's
fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any
such suits at the cost and expense of Contractor.
Orange County Sanitation District 3 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
15. Warranty
15.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at
date of completion of this Contract.
15.2 Contractor's warranty: If, within the 12-month period following completion of its Services,
OCSD informs Contractor that any part of the Services fails to meet the standards required
under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take
all such actions as are necessary to correct or complete the noted deficiency(ies).
16. Freight(F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract.
17. Independent Contractor It is agreed that Contractor shall act and be an independent
contractor and not an agent or employe of OCSD, and shall obtain no rights to any bene '
which accrue to OCSD'S employe. �_
16. Limitations upon Subcontractin�d ASsInment Contractor shall not delegate a
duties nor assign any rights under this Contract without the prior written consent of OCSD. An
such attempted delegation or assignment shall be void. ++ 0
19. Licenses, Permits. Ordinances and Regulations Contractor represents and dlamants
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. _
44,
20. Applicable Laws and Regulations Contractor%jyt comply with all applicable federal,
stale, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold
harmless from any and all damages and lia ties assessed against OCSD as a result of
Contractor's noncompliance therewith. Any p nnission required by law to be included herein
shall be deemed included as a part of this Contract whether or not specifically referenced.
21. 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.
22. Public Contracts Law OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the locality in which the work is to
be performed for each craft or type of work needed to execute this Contract. Contractor agrees
that not less than said prevailing rates shall be paid to workers employed on this project as
required by Labor Code Section 1774 of the State of California.
23. 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.
Orange County Sanitation District 4 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
24. Dispute Resolution
24.1 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 Contract,
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.
24.2 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 itrator, and those two arbitrators
shall select a third. Discovery may be conducted in connelem 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 enors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.*
25. Breach The waiver of either party of any breach-* vltion 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 reppdiates 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. Wryival The provisions of this Contract dealing with Payment, Warranty, and Forum for
Enforcement, shall survive termination or expiration of this Contract.
28. Severability If any section, subsection, or provision of this Contract, or any agreement
or instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held invalid,
shall not be affected thereby, unless the effect of such invalidity shall be to substantially
frustrate the expectations of the Parties.
29. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
30. Third Party Rights Nothing in this Contract shall be construed to give any rights or
benefits to anyone other than OCSD and Contractor.
Orange County Sanitation District 5 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
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. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorneys fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
33. 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 emissi such as sandblasting, open field
spray painting or demolition of asbestos containing compon� or structures, shall comply w'
the appropriate rules and regulations of the SCAQMD.
34. Regulatory Requirements Contractor shall rperform 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, 255, 260, and 261, Title 22, 23, and California
Water Codes Division 2. — `�
35. Read and Understo gning this Contract, Contra r s e has read
and understood the terms a d conditions of the Contract.
36. Authority to Execute The persons executing this Contract on behalf of the Parties
warrant that they are duly authorized to execute this Contract and that by executing this
Contract, the Parties are formally bound.
37. Entire Agreement This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiatio s between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 6 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
38. Notices All notices under this Contract must be in writing. Written notice shall be sent
by registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Contractor: Comp .
vklffp-r��� *I k
IN WITNESS Parties hereto have hereunto set their hands the day and year
indicated beloV ,
ORANGE COUNTY DISTRICT
Dated:
it Board of Directors
Dated:
Clerk of the Board
Da By:
Contracts/Purchasing Manager
COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 7 of 7 Specification No.
DRAFT CONTRACT DO NOT SUBMIT
OPERATIONS COMMITTEE WedngDate TOBd. DI,.
OV06113 02/27/1of3
AGENDA REPORT Item Number Item Number
B
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Umesh Murthy
SUBJECT: SLUDGE DIGESTER REHABILITATION AT PLANT NO. 1,
PROJECT NO. P1-100
GENERAL MANAGER'S RECOMMENDATION
Approve 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%).
SUMMARY
This project provides for the rehabilitation of Digester Nos. 5-16 at Plant No. 1 for the
replacement of aging equipment and improvement of solids handling capacity.
Structural rehabilitation work includes replacement or repair of existing liners to
concrete domes and repair of concrete reinforcement/cracks to digester walls and
domes. Equipment rehabilitation includes sludge pumping, heating, structural supports,
mechanical systems, and electrical and control systems.
The project was awarded on February 24, 2010. Notice to Proceed was issued to the
Contractor on March 30, 2010.
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.
The current project contingency is $2,680,000 (8%). The project has incurred roughly
$2,400,000 of additional costs that corresponds to 89% of the approved contingency.
The project is 50% complete and in order to be able to cover any further unexpected
field conditions or interferences, staff has determined that the contingency budget of 8%
is inadequate and requests an additional contingency of $1,340,000 (4%) for a total
project contingency of$4,020,000 (12%).
No increase to the project budget is being requested as the current project budget is
sufficient to cover the requested additional change order contingency.
Page 1 of 3
PRIOR COMMITTEE/BOARD ACTIONS
February 2010 — Awarded a construction contract to JR Filanc Construction Company
for Sludge Digester Rehabilitation at Plant No.1, Project No. 131-100, for an amount not
to exceed $33,500,000 and approve a contingency of$2,680,000 (8%).
ADDITIONAL INFORMATION
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 as shown in the table
below.
Digester Year Built
5 1959
6 1962
7 1964
8 1970
9 1978
10 1978
11 1993
12 1993
13 1993
14 1993
15 1993
16 1993
Rehabilitation work on the first pair of digesters (Digesters 7 and 8) started in April
2010. 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.
Staff expects Digesters 5, 6, 9, and 10 to have similar issues and will involve extra
efforts to complete the rehabilitation work. However, Digesters 11-16 were built in the
early 1990s and are expected to be in a better condition than the older digesters.
Based on the lessons learned from Digesters 7 and 8, staff will:
1. Prior to starting work at any digester, obtain concrete samples and come up with
a protocol to complete concrete rehabilitation work.
2. Perform change order work only for safety issues, operational issues, and critical
structural issues. Based on the Design Consultant's recommendations, the
Sanitation District may elect to defer long-term structural rehabilitation to a future
project where replacement of the digester roofs may have a more favorable life-
cycle cost.
Page 2 of 3
Staff cannot determine the exact condition of the remaining digesters at this time
because concrete core samples cannot be obtained while the digesters are in operation.
In order to obtain concrete core samples, digesters have to be shut down, sludge inside
the digester has to be removed, and gases released.
CEQA
This project was included in the Secondary Treatment and Plant Improvement Projects
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.
ADDITIONAL INFORMATION
This request for increase in the project contingency complies with authority levels of the
Orange County Sanitation District's Delegation of Authority. This item has been
budgeted (FY 2012-13 and FY 2013-14, Section 8, Page 10).
Date of ADDroval Contract Amount Contingency
02/24/10 $33,500,000 $2,680,000 (8%)
02/27/13 $1,340,000 (4%)
$4,020,000 (12%)
JH:UM:dm:gc
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date TOBd 0111 r.
02/06/13 02/27/13
AGENDA REPORT Item Number Item Number
9
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Jim Colston, Environmental Compliance Manager
SUBJECT: RE-ESTABLISH BIOSOLIDS ACCOUNT POOL
GENERAL MANAGER'S RECOMMENDATION
A. Authorize staff to re-establish a Biosolids Account Pool utilizing a Blanket Purchase
Order for the efficient management of all biosolids contracts (Tule Ranch, Synagro
West, Inc., and Orange County Waste and Recycling) in one account to provide
flexibility for unanticipated circumstances that may impact biosolids management,
which may include events such as truck/driver shortages, poor weather conditions,
regulatory constraints, unacceptable contractor performance, or contractor facility
limitations; and
B. Approve Blanket Purchase Order No. 104696-OB for an annual amount not to
exceed $19,000,000 for biosolids management with Orange County Waste and
Recycling, Tule Ranch, and Synagro West, Inc., which will replace Blanket
Purchase Order No. 100760-OB; and
C. Authorize staff to move funds within the Biosolids Account Pool from one contract to
another, as deemed necessary, due to unanticipated circumstances.
SUMMARY
Staff is recommending that funds, which have been separately approved and allocated
by the Board for Tule Ranch, Synagro West, Inc., and Orange County Waste and
Recycling, be placed into one Blanket Purchase Order (also known as the "Biosolids
Account Pool"). This will allow staff to move funds from one contract to another to
effectively manage biosolids during unanticipated circumstances such as truck/driver
shortages, poor weather conditions, regulatory constraints, unacceptable contractor
performance, or contractor facility limitations.
By placing the funds into the Biosolids Account Pool (BAP), staff can more effectively
manage the Orange County Sanitation District's (OCSD) biosolids and avoid contract
change orders.
There is no additional cost associated with re-establishing the BAP under the
established Tula Ranch Blanket Purchase Order. All costs will stay within the
boundaries of the combined BAP limit, as well as the budget (whichever is lower). The
BAP will contain $19,000,000, which covers the combined annual biosolids
management costs for Tule Ranch, Synagro West Inc., and Orange County Waste and
Page 1 of 3
905807.1
Recycling. Staff will continue to be transparent and keep the Board informed of all
issues and significant changes related to the management of biosolids, including
if/when an individual contract limit within the pool is expected to be exceeded or has
been exceeded.
PRIOR COMMITTEE/BOARD ACTIONS
March 2000 - Authorized staff to: (1) reallocate funds for the biosolids management
contracts with Pima Gro (Presently Synagro West, Inc.), Bio Gro, Tule Ranch, and the
Yakima Company, into one account; and (2) move funds from one contract to another,
as deemed necessary, due to unanticipated changes in climate, regulations, and
contractor performance.
November 2012 - Approved the Waste Disposal Agreement with the County of Orange
(Orange County Waste and Recycling) in a total annual amount not to exceed
$3,605,288.
November 2012 - Approved Amendment No. 9 to Synagro West, Inc. Purchase Order
No. 100760-OB, increasing the annual contract amount from $6,580,000 to $8,600,000
for the period of January 1, 2012 through December 31, 2012. Thereafter, the annual
contract not-to-exceed amount will be $6,580,000.
On August 2012 - Approved a contract with Tule Ranch in a total annual amount not to
exceed $19,000,000.
ADDITIONAL INFORMATION
In March 2000, the Board approved the original BAP (Purchase Order # 100760-OB),
which remained viable until recently. This BAP was an important tool for OCSD staff to
efficiently manage the multiple biosolids contractors, to optimize the budget, and to
reallocate loads to other biosolids contractors when needed. For example, in 2003
when Yakima was not conforming to La Paz County requirements, OCSD immediately
pulled loads and reallocated loads to the other existing contractors, thereby limiting
OCSD's potential risk exposure. Because the funds were pooled, staff did not have to
delay transferring loads pending the amendment of the other contracts to permit the
reallocation.
Since the approval of the original BAP, OCSD experienced several major changes to its
biosolids management program that left only Synagro in the original BAP:
( A new contract was awarded to Tule Ranch to manage a portion of OCSD's
biosolids for land application (Purchase Order# 104696-OB);
( The EnerTech contract was terminated for failure to perform. Biosolids formerly
managed by EnerTech are being sent to OCSD's other biosolids contractors,
Synagro West, Inc. and Tule Ranch;
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( Previous contracts had already expired (e.g., Yakima and California Soil Products);
( Synagro was allocated additional loads when EnerTech was terminated. Because
their contract limit is based on 2006 pricing, there were insufficient funds to cover the
cost of the additional EnerTech loads. Tule Ranch has a new contract with updated
pricing based on our 100%fail-safe value and does not have this issue; and
( A Waste Disposal Agreement with Orange County Waste and Recycling was
approved by the Board to utilize the Prima Deshecha Landfill for biosolids disposal.
These changes in OCSD's biosolids allocations between the biosolids management
contractors prompted staff to recommend re-establishing the BAP to ensure continued
flexibility, diversity, and sustainability of our biosolids management.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
N/A
JC:jb:gc
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