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HomeMy WebLinkAbout09-04-2013 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, September 4, 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. CONSENT CALENDAR: 1. Approve Minutes of July 3, 2013, Operations Committee meeting. 2. Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Black & Veatch Corporation for providing Gas Facilities Study for Plants 1 & 2, Project No. SP-141, for an amount not to exceed $665,021; and, B. Approve a contingency of$13,306 (2%) 3. Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement with Carollo Engineers to provide construction support services for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, for an amount not to exceed $225,108; and, B. Approve a contingency of$22,511 (10%). 09/04/13 Operations Committee Agenda Page 1 of 2 INFORMATION ITEMS: 4. ENFOTECH IPACS Pretreatment System Implementation DEPARTMENT HEAD REPORTS: Odor Complaints Update OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Operations Committee meeting is scheduled for Wednesday, October 2, 2013, at 5:00 p.m. 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 mavalaaocsd.mm For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbera(Mocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rohirelliacies i.com Director of Engineering Nick Kanetis (714)593-7310 nkanetisOomd.com Director of Facility Support Services Nick Arhontes (714)593-7210 narhontes(ri?ocsd.com Director of Operations&Maintenance Ed Tortes 714 593-7080 etomes ocsd.cem 09/04/13 Operations Committee Agenda Page 2 of 2 Item No. 1 MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Facilities Support Services Orange County Sanitation District A regular meeting of the Operations Committee of the Orange County Sanitation District was held on July 3, 2013, at 6:00 p.m. at the OCSD Plant 2 Control Center. (The Operations Committee was led on a walking tour of Plant 2 prior to the meeting being called to order. The Tour began at 5 p.m. and concluded at about 5:45 p.m.). A quorum was declared present, as follows: Operations Directors Present: Staff Present: Tom Beamish, Chair Jim Herberg, General Manager John Nielsen, Vice Chair Nick Kanetis, Director of Engineering Keith Curry Nick Arhontes, Director of Facilities Support Steve Jones Services Lucille Kring Jeff Reed, Director, Human Resources Michael Levitt Ed Torres, Director of Operations & Maintenance Brett Murdock Lorenzo Tyner, Director of Finance & Steve Nagel Administrative Services Greg Sebourn Maria Ayala, Clerk of the Board Fred Smith Cindy Ambrose Constance Underhill (Alternate) Jennifer Cabral Troy Edgar, Board Chair Rich Castillon John Anderson, Board Vice Chair Dean Fisher Norbert Gaia Operations Directors Absent: Al Garcia David Benavides Dave Halverson David Shawver Todd Haynes Scott Nelson Others Present: Brad Hogin, General Counsel PUBLIC COMMENTS: No public comments. REPORT OF COMMITTEE CHAIR: Chair Beamish thanked Chris Cervellone, Engineering Manager, for leading the Operations Committee on a walking tour prior to the meeting. 07/03/13 Operations CommRtee Minutes Page 1 of 3 REPORT OF GENERAL MANAGER: General Manager, Jim Herberg, did not give a report. CONSENT CALENDAR: 1. MOVED, SECONDED, and DULY CARRIED: Approve Minutes of June 5, 2013, Operations Committee Meeting. 2. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement with AECOM Technical Services, Inc. to provide construction support services for the Balboa Trunk Sewer Rehabilitation Project, Project No. 5-47, for an amount not to exceed $284,951; and, B. Approve a contingency of$28,495(10%). 3. Item PULLED (by staff) f`Gue1.6aNlnn PFE)g Fa Fp SpeG.fo,.nt.9R Pie ocn 2013 660 fn. a 1..e yeaF PeFL.d effeGtve August 1, 2013 threugh July 31, 2015, for an amGunt not to exceed $300,000, with three one year renewal opt oRs, Rot to exceed $150,000 pe FeReWai . 4. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: Approve a contingency increase of $59,661 (3%) to the Professional Design Services Agreement with Black & Veatch Corporation for CenGen Emissions Control, Project No. J-111, for a total contingency of$ 258,529 (13%). 5. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Award a Service Contract to Ayala Engineering for Manhole Frame and Cover Replacement, Specification No. S-2013-569, for a total annual amount not to exceed $256,950 for the period July 1, 2013 through June 30, 2014, with four one-year renewal options; and, B. Approve a contingency of$25,695 (10%). 07/03/13 Operations CommRtee Minutes Page 2 of 3 NON-CONSENT: Umesh Murthy, CIP Project Manager, presented a brief PowerPoint presentation on the different facets of the P2-66 project. 6. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: Approve a contingency increase of$499,970 (0.26%)to the construction contract with J.F. Shea Construction, Inc. for Headworks Improvements at Plant No. 2, Project No. P2-66, for a total contingency of$7,230,333 (3.76%). INFORMATION ITEMS: 7. Maximo Asset Management System Implementation Rich Castillon, Information Technology Manager, and Dave Halverson, Engineering Manager, provided an informational report on the Maximo system, its various phases and its benefits and advantages for OCSD. Board Chair Edgar departed the meeting at 6:30 p.m. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Committee Chair Beamish announced that the Operations Committee is dark in August and will not meet again until September. ADJOURNMENT: Committee Chair Beamish declared the meeting adjourned at 6:43 p.m. Submitted by: Maria E. Ayala Clerk of the Board 07/03/13 Operations Committee Minutes Page 3 d 3 OPERATIONS COMMITTEE Meeting Dare TOBA.Of DIr. 09/04/13 Og/25/13 AGENDA REPORT Item Number Item Number z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Mike Lahlou SUBJECT: GAS FACILITIES STUDY FOR PLANTS 1 & 2, PROJECT NO. SP-141 GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Services Agreement with Black & Veatch Corporation for providing Gas Facilities Study for Plants 1 & 2, Project No. SP-141, for an amount not to exceed $665,021; and, B. Approve a contingency of$13,306 (2%) SUMMARY The Orange County Sanitation District (Sanitation District) desires the services of a consulting engineering firm to conduct a comprehensive study of the digester gas facilities at Plant Nos. 1 and 2. The facilities consist of low-pressure digester gas (LPDG) distribution piping from anaerobic sludge digesters, gas compressor buildings with gas compressors and associated dehumidification equipment, high-pressure digester gas (HPDG) piping to the Central Generation (CenGen) Buildings, and HPDG interplant line, HPDG flares, activated carbon vessels, and a low-pressure digester gas holder. The facilities were built during the 1980s and commissioned in the early 1990s and are in need of upgrading and optimization to meet current and future needs. In addition, equipment obsolescence and equipment at the end of useful life must be addressed. The purpose of this study is to address these needs by providing capacity and needs study, gas treatment1cleaning, operational and regulation evaluation, equipment condition assessment, and evaluation of alternatives with recommendations and budget estimates. The results of this study will be used to identify and plan future rehabilitation efforts for the Digester Gas System Improvements, Project No. J-124. In response to a Request for Proposal (RFP) four fines submitted proposals. Sanitation District staff reviewed the proposals in accordance with Sanitation District policy. Based on the project understanding and approach, related project experience, and project team and qualifications, staff recommends awarding a Professional Services Agreement (PSA)to Black &Veatch Corporation, for an amount not to exceed $665,021. Page 1 of 3 This comprehensive study is recommended because there are several major issues with the digester gas handling systems that are interrelated. An overall plan is needed to clarify and resolve those issues, and provide a comprehensive scope of work for future Project No. J-124, Digester Gas System Improvements. The Sanitation District will benefit greatly by having a consistent facility-wide assessment of the digester gas system that addresses equipment condition problems, capacity expansion, new technology opportunities, and anticipated regulatory drivers. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION Request for Proposals (RFP) An RFP which outlined the Scope of Work and selection criteria for this study was sent to all firms who were registered in the Online Bidding System. Four proposals were received. A panel of staff members reviewed and ranked each proposal in accordance with the evaluation process set forth in the Sanitation District's Resolution No. OCSD 07-04, Section 5.07. The proposals were evaluated and ranked according to the following criteria: Evaluation Criteria Weighting Project Understanding and Ap roach 40% Related Project Experience 25% Project Team and Staff Qualifications 35% PROPOSAL EVALUATION & RANKING Consultant Rankin Black & Veatch 1 Carollo 2 Brown and Caldwell 3 Worley Parsons 4 Page 2 of 3 The Black & Veatch team has the combination of the digester gas facilities assessment and wastewater treatment plant design experience needed to develop responsive and practical alternatives. The Black & Veatch team has a full services project team of experienced managers, engineers, and designers with competitive hourly rates. Based on the above, staff determined the final cost proposal of $665,021 to be fair and reasonable for the scope of work. Background There are several major issues with the Digester Gas handling systems that are interrelated. An overall plan is needed to clarify and resolve those issues. Scope of Work The proposed study will conduct a comprehensive study of the digester gas facilities at Plants No. 1 and 2 (both plants) in Fountain Valley and Huntington Beach. The Scope Elements are summarized below: 1. Develop a capacity and needs study of the digester gas facilities at both plants. 2. Evaluate current and anticipated future AQMD and NFPA requirements pertaining to the digester gas facilities at both plants. 3. Evaluate and mitigate operational concerns for the digester gas facilities at both plants. 4. Provide a condition assessment of the digester gas facilities at both plants. 5. Produce an evaluation of the various alternatives recommended in the previous elements, development of preferred alternatives, and prepare budget estimates for future operation of the digester gas facilities at both plants. CEQA Notice of Exemption was filed on April 14, 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 (Line item: Section 8, Page 74) at $700,000 which is sufficient. Date of ADuroval Contract Amount Continaencv 09/25/13 $665,021 $13,306 ATTACHMENT The following affachment(s) maybe viewed on-line at the OCSD website (www.ocsd.corn with the complete agenda package: Professional Services Agreement Page 3 of 3 Return to Mende Report PLANNING SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 25th day of September, 2013 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and Black & Veatch Corporation, for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT'. The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant for a Gas Facilities Study for Plants 1 &2, SP-141, and to produce a study that will provide a condition assessment, capacity and needs study, regulation evaluations, and evaluation of alternatives with recommendations and budget estimates; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary planning services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of planning services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on August 28, 2013, the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK. CONSULTANT agrees to furnish necessary planning services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this AGREEMENT. In the event of a conflict between the Scope of Work and this AGREEMENT, the terms of this AGREEMENT shall prevail. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness of the work and services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. PSA 1- SP-141 Rev 052312 Return to Mende Report 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 professional practice for clarity, uniformity, and completeness. CONSULTANT shall timely respond to all comments, suggestions, and recommendations from the SANITATION DISTRICT. All comments from the SANITATION DISTRICT, or its agent, shall be incorporated into the report prior to the next review deadline or addressed, in writing, as to why the comment(s) has/have not been incorporated. CONSULTANT shall ensure that each submittal is 100% accurate for the level of work submitted (i.e. correct references, terms, capitalization or equal status, spelling, punctuation, etc.) C. In the event that CONSULTANT's services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its work product(s) within the timeframe specified by the Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. Any CAD drawings, figures, and other work shall be produced by CONSULTANT and Subconsultants using the SANITATION DISTRICT CAD Manual. Conversion of CAD work from any other non-standard CAD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall conform to the Format for Deliverables listed in "Attachment A", Scope of Work. Any changes to these specifications by the CONSULTANT require advance written approval of the SANITATION DISTRICT. E. All planning services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, and reports compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 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. PSA -2- SP-141 Rev 052312 Return to Mende Report 2. COMPENSATION. Total compensation shall be paid to CONSULTANT for services performed in accordance with the following provisions: A. Total Compensation. Total compensation for the services provided under this AGREEMENT shall be in an amount not to exceed $665,021("Total Compensation"). Total Compensation to CONSULTANT, which includes burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs, shall not exceed the sum set forth herein. As a portion of the Total Compensation, CONSULTANT shall pay to all Subconsultants, excluding out-of-pocket costs, on an hourly-rate basis per Attachment 'B." The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges subject to the limitations set forth herein. Profit for CONSULTANT and Subconsultants shall be 10%. Amendments shall be governed by the established profit percentage stated in the RFP. The profit percentage shall apply to the Prime CONSULTANT and all Subconsultants. B. Labor. As a portion of the Total Compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the fully burdened salaries (salaries plus benefits and overhead and profit) charged on an hourly-rate basis to this Project. CONSULTANT and all Subconsultants will provide the SANITATION DISTRICT with certified payroll records of all employees where time is charged to this Project. C. Overhead. As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT for overhead at a rate equal to 117.0% of burdened labor paid by CONSULTANT pursuant to this Compensation Section hereof. D. Subconsultants. CONSULTANT shall pay all Subconsultants in accordance with Section 2. Total Compensation. Payments shall be based on the hourly-rates per the schedule attached hereto as Attachment "J". E. Direct Costs. As a portion of the Total Compensation, the SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants for the expenses described as Other Direct Costs, and identified as allowable on Attachment "D" hereto that CONSULTANT and Subconsultants actually incur in performance of this AGREEMENT. Attachment "D" is hereby incorporated by reference. Reimbursement for Other Direct Costs for CONSULTANT and all Subconsultants shall not include markup of any kind. CONSULTANT shall provide to the SANITATION DISTRICT itemized receipts, regardless of amount, and other documentary records to support each request for reimbursement. SANITATION DISTRICT shall PSA -3- SP-141 Rev 052312 Return to Mende Report pay to CONSULTANT the actual direct costs for an amount not to exceed $34,020. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior written approval of the SANITATION DISTRICT. All incidental expenses shall be included in overhead pursuant to Compensation Section above. (See Attachment E). 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 AGREEMENT is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the AGREEMENT is otherwise terminated or expires in accordance with the terms of the AGREEMENT, the SANITATION DISTRICT shall give the Consultant written notice that the AGREEMENT will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the AGREEMENT within thirty (30) days of receipt of notice of AGREEMENT closeout. Upon receipt of CONSULTANT'S submittals, the SANITATION DISTRICT shall commence a closeout audit of the AGREEMENT and will either: I. Give the CONSULTANT a final AGREEMENT Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT'S cost. Notwithstanding the final AGREEMENT acceptance, the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise), and the CONSULTANT shall remain obligated under all those provisions of the AGREEMENT which expressly or by their nature extend beyond and survive final AGREEMENT Acceptance. Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT'S request for final AGREEMENT Acceptance as set forth above shall not be deemed to be an acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or AGREEMENT with, the Consultant's request for final AGREEMENT Acceptance. PSA -4- SP-141 Rev 052312 Return to Mende Report 5. PAYMENT. A. CONSULTANT will submit monthly statements covering services and/or work performed for payment for those items included in Section 2 hereof no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT. The format must include, as a minimum: 1) current billing period invoicing, 2) current billing period "total percent invoiced to date", 3)future activities, 4) previous billing period "total invoiced to date', 5) potential items that are not included in the Scope of Work, 6) concerns and possible delays, 7) percentage of completion to date, and 8) budget status and amount remaining. Such requests shall be accompanied by such supporting data as may be required by the SANITATION DISTRICT. Monthly Invoice. CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Section 12 Audit Provisions. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element, The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for the Project in its entirety. B. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work based on the monthly statements, including any retained percentages relating to this portion of the work. PSA -5- SP-141 Rev 052312 Return to Mende Report C. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. D. Pursuant to the California False Claims Act (Government Code sections 12650-12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or (a) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 6. PREVAILING WAGES A. To the extent CONSULTANT intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. 7. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS —CONSULTANT PERFORMANCE A. Ownership of Documents for the Planning Services performed, all documents in all forms (electronic, paper, etc.), including, but not limited to, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Planning Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The PSA -6- SP-141 Rev 052312 Return to Mende Report SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Planning Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the study or deliverable where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. C. The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 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 CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this AGREEMENT. PSA -7- SP-141 Rev 052312 Return to Mende Report B. General Liability: The CONSULTANT shall maintain during the life of this AGREEMENT, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: $2,000,000 per occurrence with $2,000,000 aggregate. Said insurance shall include coverage for the following hazards: Premises- Operations, blanket contractual liability (for this AGREEMENT), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability: The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance: The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of$1,000,000 or alternatively, $1,000,000 per person for bodily injury and $1,000,000 per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance: The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of$1,000,000 per occurrence. Such Worker's Compensation PSA -8- SP-141 Rev 052312 Return to Mende Report Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier "SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. F. Errors and Omissions/Professional Liability: CONSULTANT shall maintain in full force and effect, throughout the term of this AGREEMENT, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than two million dollars ($2,000,000)with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this AGREEMENT, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this AGREEMENT. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail' coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this AGREEMENT or until completion of the services provided for in this AGREEMENT, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this AGREEMENT. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage: The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The PSA -9- SP-141 Rev 052312 Return to Mende Report 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 ACORD Form 25 or equivalent. Insurance • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier (Auto Liability) for the SANITATION DISTRICT approval. • Waiver of State Compensation Insurance Fund Subrogation Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice: Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior written notice. The Cancellation Section of ACORD Form 25 shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Purchasing, PSA -10- SP-141 Rev 052312 Return to Mende Report 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. K. Non-Limiting (if applicable): Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this AGREEMENT, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions: Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs: Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. PSA -11- SP-141 Rev 052312 Return to Mende Report N. Subconsultants: The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. 9. SCOPE CHANGES. In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees, changes in the period of performance, or modifications to the Scope of Work. CONSULTANT must obtain written approval from the SANITATION DISTRICT Project Manager prior to performing any work outside the approved Scope of Work. When CONSUTLANT foresees the possibility that any of the Project goals will not be met, CONSULTANT shall immediately notify the SANITATION DISTRICT Project Manager to discuss a corrective plan. A corrective plan will be required for any changes to Attachment "A", Scope of Work, schedule, budget, or level of quality. 10. PROJECT TEAM AND SUBCONSULTANTS. CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant and each of CONSULTANT's Project team members. 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. 11. ENGINEERING REGISTRATION. The CONSULTANT's employees and Subconsultants are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. 12. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT PSA -12- SP-141 Rev 052312 Return to Mende Rom determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subagreements, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 13. LEGAL RELATIONSHIP BETWEEN PARTIES. The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants into employees of the SANITATION DISTRICT. CONSULTANT'S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. PSA -13- SP-141 Rev 052312 Return to Mende Report 14. NOTICES. All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Sarah L. Strader, Senior Contract Administrator CONSULTANT: Black &Veatch Corporation Jeffrey S. Berk, P.E. 15651 Alton Parkway, #300. Irvine, CA 92618 All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OCSD staff must be approved by the OCSD Project Manager prior to action from the CONSULTANT. 15. TERMINATION. The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed in Paragraph 13. 16. DOCUMENTS AND STUDY MATERIALS. The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. COMPLIANCE. CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. PSA -14- SP-141 Rev 052312 Return to Mende Report 17. AGREEMENT EXECUTION AUTHORIZATION. Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT 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. WARRANTY. CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 21. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT'S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT'S officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attomeys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT'S fees and costs and the SANITATION DISTRICT'S general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from, pertain to, or relate to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT'S suppliers, CONSULTANT, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: PSA -15- SP-141 Rev 052312 Return to Mende Report (A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT'S supplier, CONSULTANT, subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT'S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this AGREEMENT. Under no circumstances shall the insurance requirements and limits set forth in this AGREEMENT be construed to limit CONSULTANT'S indemnification obligation or other liability hereunder. The terms of this AGREEMENT are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this AGREEMENT. 23. DUTY TO DEFEND. The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. PSA -16- SP-141 Rev 052312 Return to Mende Rom 24. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire understanding and AGREEMENT between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 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 SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date BLACK & VEATCH CORPORATION By Date By Date ORANGE COUNTY SANITATION DISTRICT By Marc Dubois Date Contracts, Purchasing and Materials Management Manager SLS:ms EDMS: 003977287 Attachments: Attachment"A:'—Scope of Work Attachment"B" (NOT USED) Attachment"C" (NOT USED) Attachment"D"—Allowable Direct Costs Attachment"E"—Fee Proposal Form Attachment"F" (NOT USED) Attachment"G"—Cost Matrix Attachment"H" (NOT USED) Attachment"I" (NOT USED) Attachment"J"—Minor Subconsultant Hourly Rate Schedule PSA -17- SP-141 Rev 052312 Return to Aaenda Report ATTACHMENT "A" SCOPE OF WORK Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 ATTACHMENT "A" SCOPE OF WORK PROJECT DESCRIPTION....................................................................................................4 II DESCRIPTION OF PROJECT ELEMENTS.........................................................................4 A PROJECT ELEMENT 1 —CAPACITY AND NEEDS STUDY.......................................................4 1. Issues......................................................................................................................4 a) Compressor Motor Type, Capacity and Quantity.................................................5 b) Compressor Type, Quantity and Capacity...........................................................5 c) Compressor and Gas Cooling..............................................................................5 d) Adequacy of the Compressor Building at Plant 2.................................................5 e) Gas Flare Systems Utilization and Capacity........................................................5 f) Low-Pressure Gas Storage Requirements..........................................................5 g) Gas Dehumidification Requirements ...................................................................5 h) Pressure Requirements for Digester Gas............................................................5 1) Electrical, PLC's and Instrumentation Systems Requirements............................6 j) Digester Gas Venting...........................................................................................6 k) Gas Treatment........................................................................................6 1) Pipe System Sizing Evaluation ............................................................................6 ii. General....................................................................................................................6 III. Deliverables............................................................................................................6 a) Current and Future System Capacity and Needs Study Details for Digester Gas Facility Components at Each Plant......................................................................7 b) Tabulated Data ....................................................................................................7 c) Minutes of Meetings, Workshops and Records of all Pertinent Project Correspondence ..................................................................................................7 d) Detailed Conclusions...........................................................................................7 e) Recommendations Regarding the Current and Future Capacity and Needs of the Digester Gas Systems at Each Plant.............................................................7 B PROJECT ELEMENT 2—AQMD AND NFPA REQUIREMENTS................................................7 i. Issues......................................................................................................................8 a) AQMD Compliance Issues...................................................................................8 b) NFPA Compliance Issues....................................................................................9 ii. General..................................................................................................................10 III. Deliverables..........................................................................................................10 a) Current and Potential AQMD (including Title V)and NFPA Compliance Issuesl1 b) Risks and Consequences to the SANITATION DISTRICT of Non Compliance with AQMD (including Title V)and With NFPA Requirements...........................11 c) Minutes of Meetings, Workshops and Records of all Pertinent Project Correspondence ................................................................................................11 d) Tabulated Data ..................................................................................................11 e) Detailed Conclusions.........................................................................................11 f) Recommended Actions for Compliance of Each Plant with Current and Anticipated Future AQMD (including Title V)and NFPA Requirements ............11 May 01,2013 SP-141 SCOPE OF WORK 1 of 34 Return to Mende Report GAS FACILITIES STUDY FOR PLANTS 1 &2 C PROJECT ELEMENT 3—OPERATIONAL ISSUES ....................................................11 i. Low-Pressure Digester Gas Venting...................................................................11 ii. Flare Systems .......................................................................................................12 a) Design and build new LP flare systems complete with all controls and instrumentation as a replacement for the existing HP flare systems and to have the capability to flare both LP and HP gas........................................ .........12 b) Design and build new LP flare systems to work in conjunction with the existing HPflare systems................................................................................................12 c)Options a)and b) but utilizing the existing flare tower after upgrading the burners and other components as applicable....................................................12 III. Motor Control Centers (MCC)..............................................................................12 iv. Compressors and Motors....................................................................................12 a) Plant 1 ................................................................................................................13 b) Plant 2................................................................................................................13 v. Compressor Buildings.........................................................................................13 a) Plant 2 Building Replacement..............................................................................1 b) Plant 1 and Plant 2 Bird and Animal Entry Control.............................................13 c) Plant 1 Gas Condensate Drainage System........................................................14 d) Plant 2 Confined Space Area.............................................................................14 e) Plant 2 Control Room.........................................................................................14 vi. Control and Instrumentation Systems Enclosures...........................................14 vii. Electrical Improvements......................................................................................15 viii.Low-pressure Gas Storage..................................................................................15 ix. Electrical Control Systems..................................................................................15 x. Gas Treatment......................................................................................................15 A. Standby Power.....................................................................................................16 a) Plant 1 ................................................................................................................16 b) Plant 2................................................................................................................16 xii. General ..................................................................................................................16 xiii.Deliverables...........................................................................................................17 a) Detailed Description and Discussion of Each Operational Issue .......................17 b) Minutes of Meetings, Workshops and Records of all Pertinent Project Correspondence ................................................................................................17 c)Tabulated Data...................................................................................................17 d) Detailed Conclusions .........................................................................................17 e) Recommendations for Each Identified Operational Issue...................................... D PROJECT ELEMENT 4—CONDITION ASSESSMENT...............................................17 I. Plant 1 ....................................................................................................................17 a) Piping .................................................................................................................17 b)Gas Compressor Building ..................................................................................19 c) Compressors......................................................................................................19 d) Refrigerated Drier (Gas Dehumidification) System............................................19 e) Flares.................................................................................................................20 f) Digester Gas Holder............................................................................................20 May 01, 2013 SP-141 SCOPE OF WORK 2 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 it. Plant 2....................................................................................................................21 a) Piping .................................................................................................................21 b) Gas Compressor Building ..................................................................................22 c) Compressors......................................................................................................23 d) Refrigerated Drier(Gas Dehumidification) System............................................23 e) Flares.................................................................................................................23 f) Digester Gas Holder............................................................................................24 Ill. General..................................................................................................................25 iv. Deliverables..........................................................................................................25 a)Assessment Details and Descriptions................................................................25 b) Structures and Components Assessed and Scope of Assessments .................25 c) Research Findings (plans, specifications, O&M details) ....................................25 d) Meeting Minutes, Workshop Minutes and Records of all Pertinent Project Correspondence ................................................................................................25 e)Tabulated Data...................................................................................................25 f) Detailed Conclusions and Recommendations.....................................................25 E PROJECT ELEMENT 5—EVALUATION OF ALTERNATIVES, DEVELOPMENT OF BUDGET ESTIMATES AND PREFERRED ALTERNATIVES...................................................................26 I. General..................................................................................................................27 it. Deliverables..........................................................................................................27 a) Details of all Alternates Considered for Evaluation............................................27 b) Methodology for Alternates Evaluation Including Life Cycle Costing and Risk- BenefitAnalysis .................................................................................................27 c) Spreadsheets for all Evaluation of alternatives Completed................................27 d) Tabulated Source and Final Data ......................................................................27 e) Conclusions .......................................................................................................27 f) Recommended Preferred Alternatives and Budget Estimates for Each ............27 g) Minutes of Meetings, Workshops and Records of all Pertinent Project Correspondence ................................................................................................27 III PROJECT MANAGEMENT................................................................................................28 A KICKOFF MEETINGS.........................................................................................................28 BPROGRESS REPORTS......................................................................................................28 C PROJECT SCHEDULES.....................................................................................................29 DSCOPE CHANGES............................................................................................................29 E MANAGEMENT OF STAFF ANDSUBCONSULTANTS........................................................30 F MEETING PROCEDURES...................................................................................................30 G SUBMITTAL PROCEDURES...............................................................................................31 HINVOICING.......................................................................................................................31 1 QUALITY CONTROL AND RISK MANAGEMENT...................................................................32 J PROJECT SCHEDULE.......................................................................................................33 KDELIVERABLES................................................................................................................33 L SANITATION DISTRICT STAFF CONTACT......................................................................34 May 01,2013 SP-141 SCOPE OF WORK 3 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 1 PROJECT DESCRIPTION The Orange County Sanitation District (SANITATION DISTRICT) desires the services of a consulting engineering firm to conduct a comprehensive study of the digester gas facilities at Plants No. 1 and 2 in Fountain Valley and Huntington Beach, CA. The facilities consist of low-pressure digester gas (LPDG) distribution piping from anaerobic sludge digesters, gas compressor buildings with gas compressors and associated dehumidification equipment, high-pressure digester gas (HPDG) piping to the Central Generation (CenGen) Buildings and HPDG interplant line, HPDG flares, activated carbon canisters and vessels, and a low- pressure digester gas holder. The facilities were built during the 1980s and completed in the early 1990s and are in need of upgrading and optimization to meet current and future needs. Project P2- 79 was chartered in 2002 to address the facilities operational issues, however recent changes in Air Quality Management District (AQMD) and National Fire Protection Association (NFPA) regulations and additional operational issues were not specifically addressed. These requirements need to be evaluated and incorporated into a long-term plan for the Plant 1 and Plant 2 facilities. In addition equipment obsolescence and equipment at the end of useful life must be addressed. The purpose of this study is to address these needs by providing a condition assessment, capacity and needs study, regulation evaluation, and evaluation of alternatives with recommendations and budget estimates. The results of this study will be used to identify and plan future rehabilitation efforts for the digester gas facilities. The CONSULTANT shall provide a site layout recommendation and a process control system overview. II DESCRIPTION OF PROJECT ELEMENTS The project is divided into five project elements including a capacity and needs study, AQMD and NFPA requirements, operational issues, condition assessments, and evaluation of alternatives. A PROJECT ELEMENT 1 — CAPACITY AND NEEDS STUDY L ISSUES This project element comprises a capacity and needs study of the digester gas facilities at both plants. SANITATION DISTRICT produced a "White Paper" which provided information on the anticipated digester gas production and how the current equipment will manage and be affected by the future digester gas production. May 01,2013 SP-141 SCOPE OF WORK 4 of 34 Return to Aaende Report GAS FACILITIES STUDY FOR PLANTS 1 &2 CONSULTANT shall review the white paper and make any recommended comments and changes. CONSULTANT will then use this as the basis for future capacity and needs at both plants. The objective is to provide recommendations to ensure that the digester gas facilities at both plants will meet the current and anticipated future performance and capacity needs of the SANITATION DISTRICT. The capabilities and capacities of the existing digester gas facilities at both plants shall be reviewed in detail. CONSULTANT shall review and update the calculations for the current and projected digester gas production and demands at both plants from the "white paper". Based on the information a detailed recommendation shall be made regarding the applicability of the current capacities of the digester gas facilities at each plant to the current and projected requirements for the CenGen facilities at each plant. CONSULTANT shall recommend the following in terms of the needs and capacity of the digester gas systems at both plants: a) Compressor Motor Type, Capacity and Quantity b) Compressor Type, Quantity and Capacity CONSULTANT shall determine at a minimum whether new compressors are required. CONSULTANT shall specify the compressors and the potential location for construction. c) Compressor and Gas Cooling Project No. J-109 CenGen Cooling Water System Replacement is currently replacing the cooling water piping. d) Adequacy and constructability of the Compressor Building at Plant 2 e) Gas Flare Systems Utilization and Capacity CONSULTANT shall determine at a minimum whether additional flares are required. CONSULTANT shall specify the flares and the potential location for construction. f) Low-Pressure Gas Storage Requirements g) Gas Dehumidification Requirements h) Pressure Requirements for Digester Gas: Project No: J-106 did rehabilitation of the interplant pipeline and had to comply with Department of Transportation (DOT) reporting requirements. DOT has jurisdiction over 19,000 feet of mainly16-inch HOPE gas pipeline, about 50-100 feet inside Plant No. 1 and Plant No. 2. The recirculating valves need to be replaced if the compressors are replaced. The Contractor hired to do any work on the gas facilities needs to be an operator-qualified and DOT May 01,2013 SP-141 SCOPE OF WORK 5 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 qualified Contractor. If there is a need to do work on the flares, the Contractor has the possibility of bringing temporary flares and permitting them. Project No.J-106 may allow for gas storage and running engines fully, and may minimize the need to flare. However, related Department of Transportation (D.O.T) regulations may require to have the possibility of flaring available to handle the overpressure of the interplant gas pipe. SANITATION DISTRICT Engineering and Construction Division hired Jacobs Engineering to conduct a pressure analysis for both Plant No.1 and No.2. A copy of the report will be available on June 2013. 1) Electrical, PLC's and Instrumentation Systems Requirements PLCs are outside and pick-up dirt. There are malfunction issues with the programming. CONSULTANT shall make recommendations on replacing these PLCs and whether they should be housed in an enclosure. j) Digester Gas Venting Project No. FR11-006 is currently working on Plant No.1 digester gas venting and SANITATION DISTRICT Engineering & Construction Division along with SANITATION DISTRICT Maintenance Division are evaluating and addressing the digester gas venting at Plant No.2. k) Gas Treatment 1) Pipe System Sizing Evaluation ii. GENERAL Workshops shall be held at both plants to obtain input from staff at the SANITATION DISTRICT on the current and future capacity needs for the various components of the digester gas facilities at the both plants. Two workshops shall be scheduled for a minimum of four hours at each plant for a total of four workshops for this task. SANITATION DISTRICT shall assist in the identification of appropriate staff to attend the workshops. iii. DELIVERABLES Technical Memorandum (TM-1) shall be prepared to provide details, discussions, conclusions and recommended solutions to the needs and capacity issues of the digester gas facilities at both plants. Technical Memorandum (TM-1) shall, as a minimum, address the following: May 01, 2013 SP-141 SCOPE OF WORK 60134 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 & 2 a) Current and Future System Capacity and Needs Study Details for Digester Gas Facility Components at Each Plant It should be noted that Irvine Ranch Water District (IRWD) will stop sending their solids to SANITATION DISTRICT for digestion by 2016 so this will translate into an increase in SANITATION DISTRICT digester capacity, and a decrease in SANITATION DISTRICT gas production. Furthermore, SANITATION DISTRICT Planning Division is evaluating the use of food waste and, if implemented, it will increase gas production and may optimize the operation of the digesters. SANITATION DISTRICT has found that it is not worthwhile to add a dedicated receiving station for FOG deliveries. FOG already enters through sewers and waste hauler deliveries. SANITATION DISTRICT is currently investigating the use of food waste under SP-125-3 (lab work is complete and the next step is a full scale demonstration on one digester. The food waste will be trucked to the holding tank and then pumped into one digester in Plant No.2 because of the availability of footprint and capacity. The food waste is expected to almost double SANITATION DISTRICT gas production. b) Tabulated Data c) Minutes of Meetings, Workshops and Records of all Pertinent Project Correspondence d) Detailed Conclusions e) Recommendations Regarding the Current and Future Capacity and Needs of the Digester Gas Systems at Each Plant B PROJECT ELEMENT 2 —AQMD AND NFPA REQUIREMENTS This project element comprises the evaluation of current and anticipated future AQMD and NFPA requirements pertaining to the digester gas facilities at both plants. CONSULTANT shall review and evaluate the current specific regulations, including facility permits that apply specifically to the digester gas facilities at both plants. The impact of any anticipated regulatory changes shall also be evaluated so that a path forward can be formulated. The objective is to ensure that the digester gas facilities at both plants continue to comply with AQMD and NFPA regulatory requirements. May 01, 2013 SP-141 SCOPE OF WORK 7 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 & 2 i. ISSUES This project element comprises an engineering evaluation of the AQMD (including Title V) and NFPA requirements and issues, specifically as they apply to the digester gas facilities. a) AQMD Compliance Issues CONSULTANT shall review the white paper developed by Project No. P1-111 which discusses the specific AQMD (including Title V) requirements, and SANITATION DISTRICT venting incidences at Plant 1 due to interruption of service from Southern California Edison or for other reasons. CONSULTANT shall also review SANITATION DISTRICT venting incidences pertaining to the digester gas facilities at Plant 2 and appropriate SANITATION DISTRICT personnel shall be interviewed. In January 2009, SANITATION DISTRICT was issued Title V operating permits for its facilities, and is required to self-report all instances of raw digester gas venting. Currently, a proposal for gas treatment (removal of H2S and siloxanes) has been received and is being evaluated. SANITATION DISTRICT Planning Division is also evaluating the Speece Cone for gas treatment. Also the implications of potential future changes to AQMD (including Title V) requirements and the implications of recommendations from the TM-1 submittals shall be investigated and evaluated. CONSULTANT shall give their expert opinion based on their experiences with other agencies and briefly discuss how others comply with AQMD requirements. The pertinent issues include but shall not be limited to the following: i) Low-Pressure Gas Storage Currently low-pressure gas can be stored in the gas holders at both plants. The gas holders provide short term process buffers allowing operations staff to address process upsets (such as compressor breakdowns) without having to vent raw digester gas to the atmosphere. In addition, the interplant digester gas pipeline between Plants 1 and 2 may provide a larger gas storage facility than the gas holders alone. CONSULTANT shall evaluate the use of the two low- pressure gas holders for short term gas storage as a means of providing code compliance and to minimize gas venting. CONSULTANT shall review the scope of work of Project No. FR11- 006 and evaluate the use of canisters at both plants. ii) Carbon Canisters Carbon canisters are installed on the individual digesters for controlled release of raw digester gases when required generally as a result of abnormal process conditions or equipment breakdown. CONSULTANT May 01, 2013 SP-141 SCOPE OF WORK 8 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 shall evaluate the use of the carbon canisters and the practice of raw digester gas venting to the atmosphere. It should be noted that the canisters at Plant No.1 Digesters have been placed at the bottom of the digesters. The evaluation shall as a minimum include current inspection and maintenance procedures for the canisters, frequency, volume and cause of gas venting events (this information will be provided by SANITATION DISTRICT staff) and the reliability of the J-tubes or other regulating devices associated with the canisters. CONSULTANT shall investigate the applicable AQMD rules and regulations (including Title V permit conditions) regarding the discharge of raw digester gas to the atmosphere through carbon canisters. iii) High-pressure Digester Gas Flares CONSULTANT shall evaluate the operation of the existing gas flares with respect to code compliance to include, but not limited to, minimum bum temperature, time to reach the minimum bum temperature, maximum gas flow rate, system controls, and the percentage of total gas production flared. In addition, code compliance for new high-pressure gas flares and their ancillary control systems shall be evaluated. iv) Low-pressure Digester Gas Flares CONSULTANT shall evaluate code compliance regarding modifying or replacing the existing high-pressure flare systems with low- pressure gas flares. CONSULTANT shall provide details regarding anticipated AQMD regulatory changes (including to Title V) with respect to the digester gas facilities, and specifically flaring. b) NFPA Compliance Issues The specific current and probable future NFPA requirements as they pertain to the existing digester gas facilities, piping, and tunnels that were not addressed under Project J-35-2, and to any modifications or upgrades recommended in Technical Memoranda TM-tat both plants shall be evaluated and reviewed in detail. The pertinent issues shall include but not be limited to the following: i) Plant No. 1 Compressor Building Basement Ventilation: The CONSULTANT shall review the ventilation work done under J33-4. ii) Plant No. 2 Confined Space Vault Housing Filters, Condensers, and Compressor Motors. May 01,2013 SP-141 SCOPE OF WORK 9 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 iii) Plants 1 and 2 a) Obsolete Compressors b) Obsolete Compressor Buildings c) Control Panels and Enclosures (for Gas Compressor Systems and Gas Flares) d) Electrical and Instrumentation Systems e) Control Rooms and MCC Rooms f) Flame Arrestors on the Carbon Canisters on Each Digester and Gas Holder g) Gas Flares CONSULTANT shall evaluate the current level of NFPA code compliance and the projected future compliance requirements through a review of SANITATION DISTRICT, NFPA and other available pertinent document sources, physical inspection of the facilities and from interviews with appropriate SANITATION DISTRICT personnel. Recommendations shall be developed to address all areas of non-compliance found. ii. GENERAL A workshop shall be held at both plants to obtain input from SANITATION DISTRICT staff regarding known requirements and potential future issues for AQMD (including Title V) and for NFPA compliance for the digester gas facilities at both plants. The workshops shall be scheduled for a minimum of four hours at each plant. SANITATION DISTRICT shall assist in the identification of appropriate staff to attend the workshops. iii. DELIVERABLES Technical Memorandum (TM-2) shall be prepared to indicate the AQMD Title V and with NFPA code requirements and the current level of compliance, provide specific details on the requirements, and make recommendations to address any identified areas of non-compliance. The TM-2 document shall also quantify the financial and public image risk to SANITATION DISTRICT of current or potential future incidences of non-compliance. Technical Memorandum (TM-2) shall address as a minimum the following: May 01,2013 SP-141 SCOPE OF WORK 10 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 a) Current and Potential AQMD (including Title V) and NFPA Compliance Issues b) Risks and Consequences to the SANITATION DISTRICT of Non Compliance with AQMD (including Title V) and With NFPA Requirements c) Minutes of Meetings, Workshops and Records of all Pertinent Project Correspondence d) Tabulated Data e) Detailed Conclusions f) Recommended Actions for Compliance of Each Plant with Current and Anticipated Future AQMD (including Title V) and NFPA Requirements The TM-2 document shall also take into account all applicable data, recommendations and conclusions from the approved TM-1 submittals. C PROJECT ELEMENT 3— OPERATIONAL ISSUES This project element comprises the evaluation and mitigation of operational concerns for the digester gas facilities at both plants. CONSULTANT shall review all available records including design specifications, plans, and performance data in order to determine the operational demands on the gas facilities at both plants. The objective is to provide recommendations to mitigate outstanding issues and to provide operational improvements to the digester gas facilities at both plants. The following operational issues have been identified by the SANITATION DISTRICT and shall be, investigated, evaluated, and recommendations shall be made on each item: i. LOW-PRESSURE DIGESTER GAS VENTING The low-pressure gas venting system comprises activated charcoal canisters, flame arrestors and J-tubes mounted on top of each digester and gas holder. This system is designed to facilitate the direct release of low- pressure digester gas to the atmosphere under"over pressure" conditions such as a compressor shutdown. The release of digester gases to the atmosphere is controlled by AQMD Title V operating permits and SANITATION DISTRICT has a self-reporting obligation. The use of the existing system shall be evaluated for suitability for purpose, efficiency, reliability, and maintainability. The application of each component shall be considered independently and as part of the overall venting system. Engineering alternates shall be considered to optimize the gas venting May 01, 2013 SP-141 SCOPE OF WORK 11 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 system to include, but not be limited to, the low-pressure flare systems and centralized emergency gas venting locations with pressure relief systems. The frequency, duration and primary causes for digester gas venting events shall be evaluated and correlated with the reporting requirements of AQMD Title V under Element 2 of the scope of work. ii. FLARE SYSTEMS Currently there are three high-pressure (HP)flares at each plant to facilitate flaring of compressed digester gas when it cannot be utilized at the CenGen facilities. CONSULTANT shall evaluate the use and operation of the existing high- pressure flare systems to include the following: control systems (e.g., shutdown only one flare at a time), pilot lights, heating time (time to reach required minimum temperature, actual burn temperature; temperature sensors, thermo couplers, louvers, fire block, auto-ignition to avoid wasting gas), natural gas usage and emissions limits. CONSULTANT shall evaluate the continued use, rehabilitation or replacement of the three existing HP flares by LP flares at each plant. Currently the high-pressure flare system cannot release the low-pressure (LP) gases during over pressure condition therefore; most of the raw digester gases are processed through a carbon canister and released to the atmosphere. CONSULTANT shall evaluate all applicable gas flare options including the following: a) Design and build new LP flare systems complete with all controls and instrumentation as a replacement for the existing HP flare systems and to have the capability to flare both LP and HP gas. b) Design and build new LP flare systems to work in conjunction with the existing HP flare systems. c) Options a) and b) but utilizing the existing flare tower after upgrading the burners and other components as applicable. Also the CONSULTANT shall investigate the use of LP gas flares in the waste water and biogas industry and the advantages and disadvantages of these systems shall be evaluated. iii. MOTOR CONTROL CENTERS (MCC) The CONSULTANT shall evaluate the operation, maintenance and spares availability of the MCC's at both plants. Project P1-100 already replaced some of the MCCs at Plant No.1. May 01,2013 SP-141 SCOPE OF WORK 12 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 iv. COMPRESSORS AND MOTORS CONSULTANT shall evaluate the compressors in terms of their operating characteristics, capacity, reliability and maintenance. Alternatives shall be evaluated that include their replacement with different types of compressor or different output capacities. a) Plant 1 New motors were recently installed for the three compressors in an effort to provide NFPA compliance. CONSULTANT shall evaluate the new motors to confirm their proper performance, reliability and to determine if they are the best type of motor for this application. Consideration shall be given to different types of motor and to the possible future use of variable frequency drives (VFD's). CONSULTANT shall evaluate the replacement of the three existing compressor systems (compressors, motors and control systems) with new systems that are optimally sized to meet the current and projected demands of Plant 1. b) Plant 2 The compressor motors were recently rebuilt, but may still have outstanding NFPA compliance issues (see Element 2). CONSULTANT shall evaluate the re-built motors to confirm their proper performance and to determine if they are the optimum type of motor for this application. Consideration shall be given to different types of motor and to the use of variable frequency drives (VFD). CONSULTANT shall evaluate the accessibility of instrumentation and controls for the compressors and evaluate the possibility of their relocation or re-design. This issue was evaluated by Earthtech under Project P2-79 in the Engineering Studies Report dated March 27th, 2006 and CONSULTANT should review this information. CONSULTANT shall evaluate the replacement of the three existing compressor systems (compressors, motors and control systems) with new systems that are optimally sized to meet the current and projected demands of Plant 2. v. COMPRESSOR BUILDINGS a) Plant 2 Building Replacement CONSULTANT shall evaluate the possibility of replacing the existing compressor building with a new building that meets the needs of the future gas compression facilities. The evaluation shall include but not be limited to May 01, 2013 SP-141 SCOPE OF WORK 13 of 34 Return to Aaende Report GAS FACILITIES STUDY FOR PLANTS 1 &2 constructability, operations and maintenance, code (NFPA, EPA, OSHA, and AQMD) implications, space availability, future digester gas productions and overall economics. b) Plant 1 and Plant 2 Bird and Animal Entry Control CONSULTANT shall evaluate the current means and efficiency of controlling the entry of birds and other wild animals into the existing compressor buildings. CONSULTANT shall also provide recommendations for improved entry control methods (e.g., sliding door, etc.). c) Plant 1 Gas Condensate Drainage System If it is not recommended to replace the compressor building, CONSULTANT shall evaluate the high pressure gas and low pressure gas condensate drainage systems (including automation, NFPA 820 compliance, sump pumps, low spots, etc.) located on the main level and in the basement. CONSULTANT shall provide recommendations on the safe operation of the condensate drains. d) Plant 2 Confined Space Area A small area located below grade immediately outside the compressor building (originally a part of the piping gallery passing under the Compressor Building) contains gas filters, Flow meter, condensers and other equipment. Inspection and routine maintenance is required 4 or more times per year on this equipment. This area was identified under a hazardous area re-classification study (Project J-35-2) as requiring modification and was sealed with a wall from the main piping gallery and is now a permit required confined space. This has resulted in difficult confined space entries with self-contained breathing apparatus and forced air ventilation to mitigate the risk of explosion from the high LEL levels that often causes suspension of the work in order to access the equipment for routine cleaning, maintenance or repairs. If it is not recommended to replace the compressor building, CONSULTANT shall evaluate the options and recommendations made for relocating the facilities and associated pipe and fittings located inside the permit required confined space area to a non-permitted area to provide ease and simplicity for future maintenance tasks without the risks associated with working in a potentially high lower explosive limit (LEL) environment. The option to maintain the equipment in its current location and to provide enhanced air circulation to reduce the local high LEL's to acceptable limits during the required confined space entries shall also be evaluated. May 01,2013 SP-141 SCOPE OF WORK 14 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 e) Plant 2 Control Room CONSULTANT shall evaluate the operation and efficiency of this building and its contained control systems. vi. CONTROL AND INSTRUMENTATION SYSTEMS ENCLOSURES CONSULTANT shall evaluate the design and functional adequacy of the control and instrumentation enclosures for both plants. vii. ELECTRICAL IMPROVEMENTS CONSULTANT shall verify and list Project J-47 electrical design recommendations for cable trays, wiring methods, voltage drop, and grounding in compliance with SANITATION DISTRICT standards and with the latest applicable code for NEC, ANSI C1, NFPA 70, and NFPA 520. CONSULTANT shall verify and list Project J-254 applicable corrective actions that were generated after it performed the comprehensive electrical power distribution and generation system analyses and evaluation. viii. LOW-PRESSURE GAS STORAGE The gas holders provide a limited low pressure gas storage buffer that reduces flaring or venting of digester gas during intermittent production or process events. The need for low pressure gas holder shall be evaluated with the new gas compression, flaring, and treatment system. If the holder is retained, a comprehensive condition analysis, and refurbishment scope shall be developed. Consideration shall be given during the evaluation to the current condition, capacity, code compliance, and operability of the gas holders. CONSULTANT shall evaluate the options for the future operation of the gas holders and recommendations developed to include retaining the existing facilities and specific system improvements. ix. ELECTRICAL CONTROL SYSTEMS The electrical control systems for the compressors, compressor motors, and flares at both plants are more than 20 years old and while operational at this time, CONSULTANT shall assume new Sanitation District standard controls will be used and will create a process flow diagram and operation narrative for the new system and equipment. Also, spare parts while currently available are becoming increasingly difficult to locate as the control systems are becoming obsolete. May 01, 2013 SP-141 SCOPE OF WORK 15 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 x. GAS TREATMENT The requirements for gas treatment systems at both plants shall be evaluated with respect to the overall operation of the digester gas facilities and to the gas feed requirements of the two CenGen plants. The current operability and status of the existing dehumidification systems at each plant shall be evaluated for efficiency, capacity and ability to meet the overall requirements of the digester gas processing facilities at each plant. CONSULTANT shall investigate gas treatment options for removal of H2S, siloxane compounds, water, CO2 and VOCs. CONSULTANT shall recommend and specify a gas treatment system based on cost (life cycle), operability, maintainability, permit requirements, and gas suitability for energy production. CONSULTANT shall also indicate the potential location for the construction of the recommended gas treatment system. A. STANDBY POWER CONSULTANT shall review and comment on the standby power requirements for the gas system at each plant (Compressors, flares (LP and/or HP), venting). a) Plant 1 Power for the gas compressors and flares is fed from Power Building No. 5 (1313-5). Because PB-5 does not have a diesel generator, standby power is provided by manually closing a connection to the diesel generators at Power Building No. 3A (PB-3A). The connection of PB-5 to PB-3A is normally locked- out at PB-3A. It could take some time for SANITATION DISTRICT to close this connection in the event of a Southern California Edison (SCE) power outage. The gas compression system would be out of operation and low pressure digester gas would be vented to the atmosphere until standby or SCE power is enabled. It has not been determined how frequently these outages occur. Reliability of current operation of compressors, flares, treatment, and venting shall be addressed. Safety and permit compliance are paramount. CONSULTANT shall review and comment on the white paper and meeting notes compiled by Project No.131-111, which analyzed the back-up power availability and needs for the compressors at Plant No.1. b) Plant 2 Reliability of current operation of compressors, flares, treatment, and venting shall be addressed. Safety and permit compliance are paramount. CONSULTANT shall review the white paper and meeting notes compiled by Project No.P1-111, which analyzed the back-up power availability and needs for the compressors at Plant No.1 and comment on its relativity to Plant No. 2. May 01, 2013 SP-141 SCOPE OF WORK 16 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 xii. GENERAL A workshop shall be held at both plants in order to obtain input from SANITATION DISTRICT staff on the operational issues regarding the digester gas facilities. Each of the workshops shall be scheduled for a minimum of four hours. SANITATION DISTRICT shall assist in the identification of appropriate staff to attend the workshops. xiii. DELIVERABLES Technical Memorandum (TM-3) shall provide details, discussions, conclusions and recommended solutions to the operational issues identified at both plants. Technical Memorandum (TM-3) shall as a minimum comprise the following: a) Detailed Description and Discussion of Each Operational Issue b) Minutes of Meetings, Workshops and Records of all Pertinent Project Correspondence c) Tabulated Data d) Detailed Conclusions e) Recommendations for Each Identified Operational Issue D PROJECT ELEMENT 4—CONDITION ASSESSMENT This project element comprises the condition assessment of the digester gas facilities at both plants. CONSULTANT shall review all available records, including design specifications, plans, performance data, assessment data (will be provided by SANITATION DISTRICT where indicated) and maintenance records, and carry out a comprehensive condition assessment of the existing digester gas facilities at both plants. CONSULTANT shall consider conducting FMEA (Failure Mode Effect Analysis)for critical process equipment should CONSULTANT recommend to keep this equipment. The objective of the condition assessments is to determine the current condition of the facilities at both plants. The condition assessments will require close coordination and scheduling with the SANITATION DISTRICT's operations and maintenance staff. CONSULTANT shall perform detailed condition assessments on the existing digester gas facilities at both plants including, but not be limited to, the May 01, 2013 SP-141 SCOPE OF WORK 17 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 & 2 digester gas piping, gas dehumidifiers, low-pressure gas holders, digester gas flare systems, and asphalt surrounding buildings and infrastructure. i. PLANT 1 a) Piping The LPDG piping from the anaerobic digesters to the gas compressor facility and gas holder were installed under multiple projects with the digesters. The high-pressure digester gas (HPDG) piping runs from the gas compressor facilities to the CenGen building and to the gas flares. The LPDG line also runs from the CenGen building to where it transitions below ground at Digester 10. This piping was originally installed under project P1-34-tin 1993. The LPDG and HPDG piping was modified under project J-35-2 in 2002. In 1991, the 16-inch HPDG interplant gas pipeline was installed under Project No. 1-9. This pipeline is currently out of service for rehabilitation under Project No. J-106 and is scheduled to return to service on June 2013. Digester gases are corrosive to many metallic piping materials because they contain aggressive condensate and hydrogen sulfide. The piping was constructed above grade, inside tunnels, and buried. The piping is constructed of grade-316 stainless steel or non-metallic materials and may be suitable for the service conditions as indicated. However, some of the piping is constructed of steel or cast/ductile iron and may be susceptible to internal corrosion. The buried sections may also be susceptible to external corrosion. CONSULTANT shall evaluate buried pipe sections for electrical isolation. CONSULTANT shall evaluate the feasibility of applying and operating cathodic protection systems in accordance with applicable National Association of Corrosion Engineers (NACE) practices and criteria. CONSULTANT shall conduct condition assessments to determine the physical condition of the digester gas piping and fittings. CONSULTANT may conduct additional assessments as necessary to confirm the condition of the piping systems. i) Ultrasonic Wall Thickness Measurements Wall thickness measurements around the full pipe circumference of the pipelines using B-Scan and C-Scan technology shall be recorded by CONSULTANT at selected representative locations using calibrated equipment suitable for reading through a bonded coating. A-Scan technology will also be utilized at selected isolated locations where appropriate, but not including the inside of the compressor buildings. May 01, 2013 SP-141 SCOPE OF WORK 18 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 ii) Pit Depth Measurements CONSULTANT shall measure pit depths and dimensions to determine remaining wall thickness so that RSTRENG software, American Standards for Mechanical Engineering B31 G, or other similar analysis can be performed in relation to the pipe material and operating conditions per piping codes. CONSULTANT shall assess the areas of visible external corrosion of the circumferential welds on the stainless steel LPDG piping. SANITATION DISTRICT will make the assessment data (including photographs). CONSULTANT shall evaluate the current functionality of the piping systems and develop a reliable estimate of its remaining useful life. CONSULTANT shall assess the condensate traps on the LPDG piping and HPDG piping systems for proper operation. The existing placement of all condensate traps, drain piping, and drainage control mechanisms shall be reviewed. The CONSULTANT shall perform a condition assessment for the condensate traps. Recommendations shall be provided that will provide an effective, safe, and low-maintenance condensate drainage system. b) Gas Compressor Building The building was constructed under project P1-34-1 in 1993 with three digester gas compressors and ancillary process equipment. The compressors are located on the main floor level and the associated dehumidification, chiller, gas/gas exchanger equipment, and high-pressure gas meter are located in the building basement. CONSULTANT shall assess the condition of the building to include the building foundations, floors (use coating on top of concrete instead of vinyl floor), walls, drain sump, doors, roof, stairway, and stair landing, to evaluate structural integrity, functionality, and fitness for purpose. The CONSULTANT shall also examine the efficacy of the ventilation and foul air removal systems on the building's main floor and basement for air exchange rates and code compliance. The air supply fans may not be operational and Project SP-145- 1 is currently evaluating ventilation at both plants. c) Compressors In 1993, three gas compressors were installed under Project No. P1-34-1. In 2008, the compressor motors were upgraded to comply with the National Fire Protection Agency (NFPA) code requirements. The gas compressors, control systems, and instrumentation systems are aging and, while still functional, are becoming obsolete. Spare parts are becoming increasingly more difficult to obtain. May 01, 2013 SP-141 SCOPE OF WORK 19 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 & 2 CONSULTANT shall determine the feasibility of continued long-term operation of the existing compressors and examine the schedule for their replacement. CONSULTANT shall evaluate the use of Variable Frequency Drives (VFDs)for the compressor motors. The compressor cooling system uses a once-through process utilizing plant water. Plant water is chlorinated secondary effluent and is corrosive to steel, cast iron and ductile iron. The condition of the cooling water piping and fittings shall be assessed by visual inspection, pit depth measurement, and ultrasonic wall thickness measurements. Ultrasonic wall thickness measurements shall be made at selected locations around the circumference of the pipelines using B-Scan technology including where internal or external inspections have indicated internal corrosion and pitting. d) Refrigerated Drier (Gas Dehumidification) System In 1993, a gas dehumidification (refrigerated drier) system was installed in the compressor building basement under project P1-34-1. However, the system is currently out of operation because it is not in compliance with NFPA 820 and the Freon has been removed. CONSULTANT shall perform condition assessment and research the historical issues regarding the system and its long-term non operation. CONSULTANT shall determine why the system cannot be operated as installed (e.g., NFPA 820 Classification per Project No. J-35-2) and provide recommendations for a reliable and efficient gas dehumidification system. e) Flares In 1993, three high-pressure digester gas flares were installed under Project No. J-21 to safely burn off excess compressed digester gas. A detailed condition assessment and hazard analysis shall be performed on the three flares and associated piping and control systems. The assessment shall include but not be limited to the following: i) Piping and Fittings CONSULTANT shall perform a detailed condition assessment on the above grade piping and fittings including leak tests and a functional evaluation of all valves and other fittings. CONSULTANT shall conduct ultrasonic wall thickness surveys, pit depth measurements and coating inspections. CONSULTANT shall use ultrasonic wall thickness, pit depth data and coating inspection data for their evaluation and for inclusion in their technical memorandum as applicable. It shall be noted that some of the piping in Plant No.1 has been changed to stainless steel. May 01, 2013 SP-141 SCOPE OF WORK 200134 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 ii) Flare Towers CONSULTANT shall perform a general internal and external condition assessment of the flare towers and components including the pilot lights and burner systems for corrosion, general deterioration and proper function per the manufacturer's specifications. iii) Internal Flooring and Drain Systems CONSULTANT shall perform an assessment of the internal floor for possible corrosion and degradation due to condensate build-up (e.g., TV the drains) and to the possible effects of rainwater accumulation. The condition and operation of the floor drains shall be assessed so that condensate and rainwater accumulation can be minimized. f) Digester Gas Holder The existing gas holder was constructed under Project No. P1-34-1 in 1993. The Project No. FR11-006 - Low Pressure Gas Holder Repair was out for bid on April 2013. A condition assessment and hazard analysis shall be performed to include the stairways, coating system, gas venting system (including the gas level sensor), and floating diaphragm as outlined below: i) Stairway CONSULTANT shall perform a structural assessment of the stairways to determine if their condition meets design requirements. CONSULTANT shall also review the findings of Project SP-145-1 and implement its recommendations. ii) Coating and Lining System CONSULTANT shall perform a coating and lining surveys to determine the current condition of the coating and lining and to develop future maintenance and recoating/relining schedules. iii) Gas Venting System CONSULTANT shall assess the structural integrity of all components (e.g., mechanical vents, carbon canisters, etc..) to insure that it is operating per the original design and that meets operational and code compliance requirements. May 01, 2013 SP-141 SCOPE OF WORK 21 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 & 2 iv) Floating Diaphragm (Roof/Piston Assembly) CONSULTANT shall assess the floating roof, associated wire-support ropes, and the pulley counter weight system for integrity and for proper function per the original design data and drawings. ii. PLANT 2 a) Piping The LPDG piping from the anaerobic digesters to the gas compressor facility and gas holder were installed under multiple projects. In 1979, the piping was modified under Project No. P2-24-1 along with the gas compressor building and gas holder. The HPDG piping runs from the gas compressor facilities to the CenGen building and to the gas flares. The LPDG line runs from the CenGen building to where it transitions below ground just outside of the CenGen building. This piping was originally installed under project J-19-2 in 1990. The plant LPDG and HPDG piping was modified under project J-35-2 in 2002. Digester gases are corrosive to many metallic piping materials because they contain aggressive condensate and hydrogen sulfide. The piping was constructed above grade, inside tunnels, and buried. The piping is constructed of grade-316 stainless steel or non-metallic materials and may be suitable for the service conditions as indicated. However, some of the piping is constructed of steel or cast/ductile iron and may be susceptible to internal corrosion. The buried sections may also be susceptible to external corrosion. All buried metallic pipe shall be inspected and tested for electrical isolation and evaluated for the feasibility of applying and operating cathodic protection systems in accordance with applicable National Association of Corrosion Engineers (NACE) practices and criteria. CONSULTANT shall perform a condition assessment to determine the physical condition of the digester gas piping and fittings. The CONSULTANT may conduct additional assessments as necessary to confirm the condition of the piping. i) Ultrasonic Wall Thickness Measurements CONSULTANT shall record wall thickness measurements around the full pipe circumference of the pipelines using B-Scan or C-Scan technology at selected locations using calibrated equipment suitable for reading through a bonded coating. A-Scan technology will also be utilized at selected isolated locations where appropriate. May 01, 2013 SP-141 SCOPE OF WORK 22 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 ii) Pit Depth Measurements CONSULTANT shall measure pit depths and dimensions to determine remaining wall thickness so that RSTRENG software, American Standards for Mechanical Engineering B31 G, or other similar analysis can be performed in relation to the pipe material and operating conditions per piping codes. CONSULTANT shall assess the areas of visible external corrosion on the circumferential welds on the stainless steel LPDG piping. CONSULTANT shall evaluate the current functionality of the piping system and develop a reliable estimate of its remaining useful life. The condensate traps on the LPDG piping and HPDG piping systems shall be assessed for proper operation. The existing placement of all condensate traps, drain piping, and drainage control mechanisms shall be reviewed. Recommendations shall be provided that will provide an effective, safe, and low-maintenance condensate drainage system. b) Gas Compressor Building The building was constructed under project P2-24-1 in 1979 and contains three digester gas compressors. The building was modified under projects J- 19-2 in 1989. Additional modifications were performed in 1996 under P2-43-3 for three new digester gas compressor assemblies and ancillary process plant. The compressors and associated equipment are located on the main floor level. The high-pressure condenser drains, filters and gas meter are located in a pipe gallery below the compressor building. The condition assessment shall include the building foundations, floors, walls, doors, roof, and overhead crane to evaluate structural integrity, functionality, and fitness for purpose. In addition, CONSULTANT shall examine the efficacy of the ventilation system and the foul air removal system on the building's main floor, pipe gallery below the main floor and any restricted access/vault areas for air exchange rates and for code compliance. CONSULTANT shall also evaluate the replacement of the existing 32 year old building with a new building to better meet the current and future needs of the SANITATION DISTRICT. CONSULTANT shall also review the condition assessment done by Project No.P2-79 and evaluate constructability. c) Compressors In 1990, the gas compressors were installed under project J-19-2. The compressor motors were rehabilitated in 2008. May 01,2013 SP-141 SCOPE OF WORK 23 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 The gas compressors, control systems, and instrumentation systems are aging and, while still functional, are becoming obsolete. Spare parts are becoming increasingly more difficult to obtain. CONSULTANT shall determine the feasibility of continued long-term operation of the existing compressors and examine the schedule for their replacement. The compressor cooling system uses a once-through process utilizing plant water. Plant water is chlorinated secondary effluent and is corrosive to steel, cast iron and ductile iron. CONSULTANT shall assess the condition of the cooling water piping and fittings using visual inspection, pit depth measurements, and from ultrasonic wall thickness measurements at selected locations around the circumference of the pipelines using B-Scan technology including locations where internal or external inspections indicated internal corrosion or pitting. d) Refrigerated Drier(Gas Dehumidification) System and Other Gas Cleaning Systems In 1989, a refrigerated drier or gas dehumidification system was installed in the compressor building basement under project J-19-2. This system was replaced or rehabilitated in 2008, and then replaced in March 2013 CONSULTANT shall perform a condition assessment of the system and review the operation of the system and provide recommendations for a reliable and efficient gas dehumidification system. CONSULTANT shall evaluate the use of other gas treatment systems to reduce the levels of contaminants such as H2S, CO2, and siloxanes. After reviewing the treatment processes, CONSULTANT shall evaluate the possibility of selling the digester gas in the open market. SANITATION DISTRICT is currently exempt from California Accidental Release Prevention (CAL/ARP) reporting because SANITATION DISTRICT uses the biogas as a fuel. If SANITATION DISTRICT opts to inject the gas into the pipeline (even partially), SANITATION DISTRICT will have to comply with new regulations (including seismic study, hazard analysis). CAL/ARP regulations are more stringent than Department of Transportation (DOT) regulations. e) Flares In 1990, three high-pressure digester gas flares were installed under project J-21 to safely burn off excess compressed digester gas. CONSULTANT shall perform a detailed condition assessment and hazard analysis of the three flares and their associated piping and control systems. The assessment shall include but not be limited to the following: May 01, 2013 SP-141 SCOPE OF WORK 24 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 i) Piping and Fittings CONSULTANT shall perform a detailed condition assessment on the above grade piping and fittings including leak tests and a functional evaluation of all valves and other fittings. CONSULTANT shall conduct ultrasonic wall thickness surveys, pit depth measurements and coating inspections and analyze the data. ii) Flare Towers CONSULTANT shall perform a general internal and external condition assessment on the flare towers and components including the pilot lights, and burner systems for corrosion, and general deterioration, and proper function per the manufacturer's specifications. iii) Internal Flooring and Drain System The internal floor shall be assessed for possible corrosion and degradation due to condensate build-up and to the possible effects of rainwater accumulation. The condition and operation of the floor drains shall be assessed so that condensate and rainwater accumulation can be minimized. f) Digester Gas Holder The existing gas holder was constructed under project P2-24-1 in 1979, recently the gas holder has been subject to rehabilitation under a separate project. CONSULTANT shall perform a condition assessment and hazard analysis to include the stairways, coating system, gas venting system (including the gas level sensor), and floating diaphragm as outlined below: i) Stairway CONSULTANT shall perform a structural assessment of the stairways to determine if their condition meets design requirements. CONSULTANT shall review the findings of Project SP-145-1 and implement the related recommendations. ii) Coating System CONSULTANT shall perform a coating survey to determine the current condition of the coating and to develop future maintenance and recoating schedules. May 01, 2013 SP-141 SCOPE OF WORK 25 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 iii) Gas Venting System CONSULTANT shall asses the structural integrity of all components (e.g., mechanical vents, carbon canisters, etc.) to insure that it is operating per the original design and that meets operational and code compliance requirements. The goal is to eliminate any gas venting. SANITATION DISTRICT Engineering and Construction Division and SANITATION DISTRICT Maintenance Division are currently conducting an assessment of any fugitive gas releases. The goal is to eliminate any leakage. iv) Floating Diaphragm (Roof/Piston Assembly) CONSULTANT shall assess the floating roof, associated wire-support ropes, and the pulley counter weight system for integrity and for proper function per the original design data and drawings. iii. GENERAL A workshop shall be held at both plants to obtain input from District staff on the operation, maintenance and current condition of the digester gas facilities at each plant. Each of the workshops shall be scheduled for a minimum of four hours. The District shall assist in the identification of appropriate staff to attend the workshops. iv. DELIVERABLES The remaining useful life, areas of concern and potential problems shall be identified for the digester gas facilities components including but not limited to the compressors, compressor motors, driers and HP flare systems, at both plants based upon the data obtained during the condition assessments, workshops, and any other data provided by the SANITATION DISTRICT. Technical Memorandum (TM-4) shall as a minimum detail the following: a) Assessment Details and Descriptions b) Structures and Components Assessed and Scope of Assessments c) Research Findings (plans, specifications, O&M details) d) Meeting Minutes, Workshop Minutes and Records of all Pertinent Project Correspondence e) Tabulated Data f) Detailed Conclusions and Recommendations E PROJECT ELEMENT 5— EVALUATION OF ALTERNATIVES, DEVELOPMENT OF BUDGET ESTIMATES AND PREFERRED ALTERNATIVES This project element comprises a detailed evaluation of the various alternatives recommended in Technical Memoranda TM-1, 2, 3 and 4, the development of preferred alternatives, and preparation of budget estimates for future operation of the digester gas facilities at both plants. All proposed alternatives shall be in May 01, 2013 SP-141 SCOPE OF WORK 26 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 & 2 accordance with SANITATION DISTRICT's design guidelines and standard specifications. The recommendations offered in TM-1, TM-2, TM-3 and TM-4 by CONSULTANT shall be consolidated and evaluated. For regulatory compliance items, consideration shall be given to direct and non-direct costs and implications to the SANITATION DISTRICT for non-compliance. The evaluation of alternatives shall include feasibility studies, risk and benefit analysis, and life cycle costing in order to determine the most efficient and cost effective long term options available to the SANITATION DISTRICT. i. GENERAL A workshop shall be held at each plant to obtain input from SANITATION DISTRICT staff regarding all the alternates under evaluation for the digester gas facilities at both plants. Two workshops shall be scheduled at each plant for a minimum of four hours each for a total of four workshops. The SANITATION DISTRICT shall assist in the identification of the appropriate staff to attend the workshops. ii. DELIVERABLES Technical Memorandum (TM-5) shall be prepared to include the alternates that were evaluated to provide the required system improvements and regulatory compliance for long term operations of the digester gas facilities at both plants. Technical Memorandum (TM-5) shall as a minimum address the following: a) Details of all Alternates Considered for Evaluation including preliminary floor plans b) Methodology for Alternates Evaluation Including Life Cycle Costing and Risk-Benefit Analysis c) Spreadsheets for all Evaluation of alternatives Completed d) Tabulated Source and Final Data e) Conclusions f) Recommended Preferred Alternatives and Budget Estimates for Each g) Minutes of Meetings, Workshops and Records of all Pertinent Project Correspondence The TM-5 document shall also incorporate all applicable data, recommendations, and conclusions from the approved TM-1, TM-2, TM-3 and TM-4 submittals. May 01, 2013 SP-141 SCOPE OF WORK 27 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 III PROJECT MANAGEMENT CONSULTANT will be responsible for completing each task assignment on schedule, within budget, at an acceptable level of quality, and to manage the resources to perform the work. Monitoring and control efforts needed to reach this goal are considered "Project Management." These efforts will vary for each task assignment based on the complexity and anticipated duration of the assignment. A general description of the requirements for a typical task is provided in the section below. Project Management efforts shall be billed as a separate task item, and includes any items not specifically listed as "PROJECT ELEMENTS." This shall include, but is not limited to: • Attending Kickoff Meetings • Conducting Progress Meetings • Preparing Progress Reports, Schedule and Budget Updates • Managing Potential Scope Changes • Preparing Invoices • Performing Quality Control and Risk Management • Managing CONSULTANT's staff and SubCONSULTANTs • Managing Project Documentation A KICKOFF MEETINGS There will be a project kick-off meeting to introduce principal members of the SANITATION DISTRICT and CONSULTANT's teams. The discussion topics shall include: the SANITATION DISTRICT responsibilities, CONSULTANT's responsibilities, invoice procedures, personnel badges, parking, site access, CONSULTANT's Scope of Work, detailed project schedule with milestones, Work Breakdown Structure requirements, and the SANITATION DISTRICT confined space and other safety training policies. B PROGRESS REPORTS CONSULTANT shall conduct periodic progress meetings with the SANITATION DISTRICT Project Manager, to review the status of the project scopes, schedules, budgets and other issues which may affect completion of the project. These meetings shall be held at a mutually agreeable time, generally around the second week of the month. CONSULTANT will provide this information in a Progress Report that includes the following: May 01, 2013 SP-141 SCOPE OF WORK 28 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 • Updated Schedule • Updated Budget Status: percent complete and cost expended for each task. • Overall project schedule and budget in graphical format on the same graph. Show actual budget used, original schedule completion and actual estimated completion on the graph. • General list of work items completed to date. • Schedule for the upcoming month. • Corrective plan to complete task within schedule and budget (if needed). • Potential changes in scope of work. • Updated Decision Log (list of major decisions and the rationale for each). • District comment log and response status. • Applicable billing/outstanding invoices. • Any other outstanding project issues. C PROJECT SCHEDULES CONSULTANT shall create detailed schedules using a Critical Path Method approved by the SANITATION DISTRICT Project Manager. At a minimum, the schedule shall indicate the following: • Start date and finish date for each activity • Each task with established relationships • Milestones for each task • Submittal dates • Meeting and workshop dates • Allowance for SANITATION DISTRICT review periods • Physical percent complete for each activity. The schedule shall show the monthly earned value of work performed. The earned value will be compared to the planned value and the actual invoice value for the month. The CONSULTANT will need to justify any requests for monies over the planned value and explain how the overall budget will be met over the life of the project. CONSULTANT shall maintain the schedule on a monthly basis. D SCOPE CHANGES The CONSULTANT is responsible for completing the scope items on schedule and within budget, at an acceptable level of quality, and to manage the May 01,2013 SP-141 SCOPE OF WORK 29 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 resources that perform the work. However, there may occasionally be unforeseen circumstances and/or situations that warrant adjustments to the Scope of Work and/or Budget. In accordance with the Professional Service Agreement (PSA), any changes to contracted services shall be documented by contract amendments. The CONSULTANT must obtain written approval from the SANITATION DISTRICT Project Manager prior to performing any work outside the approved Scope of Work. When the CONSULTANT foresees the possibility that any of the Project goals will not be met, he/she shall immediately notify the SANITATION DISTRICT Project Manager to discuss a corrective plan. This includes any changes to the agreed Scope of Work, Schedule, Budget, or level of quality. E MANAGEMENT OF STAFF AND SUBCONSULTANTS CONSULTANT shall be responsible for management of his staff and subconsultants. CONSULTANT shall provide the key management personnel as described in their proposal on this project. CONSULTANT shall not reassign the key project personnel without prior approval of SANITATION DISTRICT (per the PDSA). The SANITATION DISTRICT may request reassignment of any of the CONSULTANT's personnel. F MEETING PROCEDURES Meetings with The SANITATION DISTRICT staff shall be held on the SANITATION DISTRICT facilities from Monday through Thursday between the hours of 8:00 AM and 4:00 PM, at a location selected by the SANITATION DISTRICT Project Manager. For Workshops and focused meetings, CONSULTANT shall prepare and submit a written agenda to The SANITATION DISTRICT for review at least one week prior to each meeting or workshop. The agenda package shall include materials that will be discussed in the meeting. Informal meetings and phone conversations shall follow the following procedure: • CONSULTANT shall notify the SANITATION DISTRICT Project Manager prior to the meeting. • CONSULTANT shall prepare meeting minutes for the meeting. • The meeting minutes shall be submitted to the Project Manager and attendees for review. • After review and revision, the meeting minutes will be filed as a formal record of the meeting. May 01,2013 SP-141 SCOPE OF WORK 30 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 & 2 CONSULTANT shall prepare for all telephone and teleconferencing meetings in the same manner as outlined above. CONSULTANT shall prepare and submit meeting minutes to the SANITATION DISTRICT Project Manager for approval within three business days following the meeting, workshop, or phone meeting. CONSULTANT shall document the major decisions made on the Project in a "Project Decision Log," with the date, and the rationale for each. G SUBMITTAL PROCEDURES Upon receipt of the SANITATION DISTRICT's comments on each project submittal and each set of meeting or workshop materials, CONSULTANT shall address the comments and submit a legible set of all of SANITATION DISTRICT's comments together with CONSULTANT's detailed responses, each written next to the respective SANITATION DISTRICT comment. The SANITATION DISTRICT will provide a template for submission of these comments. A hard copy of the responses shall be submitted no later than 30 days after receipt of the SANITATION DISTRICT's comments and at least 30 days prior to the next submittal date. Submittals that contain gross deficiencies or errors requiring a significant amount of the SANITATION DISTRICT staff time for checking shall be returned for revision without review. H INVOICING CONSULTANT shall prepare and submit monthly invoices to the SANITATION DISTRICT no later than the second Wednesday of the following month. The invoices will document the man-hours and billing rate for each person that works on the project for each task. Overhead, profit and any direct costs shall also be shown for each task. The following information shall be included in the summary section of the invoice: • Budget • Current billing period invoicing • Previous billing period "total invoiced to date" • Budget Amount Remaining • Current billing period "total percent invoice to date" • Current billing period "total percent completed to date" The cost component breakdown for each element above shall match that of the PDSA. May 01, 2013 SP-141 SCOPE OF WORK 31 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 1 QUALITY CONTROL AND RISK MANAGEMENT The CONSULTANT is responsible for the quality of the work. The CONSULTANT shall have a Quality Assurance/Quality Control (QA/QC) Plan for implementation of the Scope of Work. The CONSULTANT's QA/QC Plan shall be reviewed and approved by the SANITATION DISTRICT Project Manager and shall include or reference all the controls necessary for implementation. Major elements of the QA/QC Plan include the following: • CONSULTANT shall be responsible for the quality control of his work. • CONSULTANT shall be responsible for the physical control, security and distribution of controlled documents required for performance of the Scope of Work. • CONSULTANT shall identify a Project Review Team consisting of qualified individuals not directly involved in the design or supervision of the work. CONSULTANT shall perform discipline check and review all studies, reports, calculations and any other deliverables required by the Scope of Work. These requirements must be implemented by those Project Team members responsible for the specific planning or design activity. Documentary evidence of such checking shall be provided to the SANITATION DISTRICT with each project submittal. All submittals shall be accompanied by a transmittal letter signed by the CONSULTANT's Project Manager indicating that the submitted documents have been checked, and identifying the reviewer's name. Signatures of the respective checkers shall be included where appropriate. At any time, the SANITATION DISTRICT may audit the CONSULTANT's work to ensure conformance with the QA/QC Plan. CONSULTANT shall respond to any Sanitation District comments made during the audit within two (2)weeks. If comments are extensive, the SANITATION DISTRICT shall schedule a follow-up audit. The SANITATION DISTRICT may make periodic visits to the CONSULTANT's offices to review the progress of the technical work. These visits may include talking to CONSULTANT's personnel. If requested by the SANITATION DISTRICT, the CONSULTANT will provide a Risk Management Plan that identifies potential risks to the success of the Project goals, with anticipated mitigation measures that the CONSULTANT will take in the event that a deviation from reaching the project goals occurs. May 01, 2013 SP-141 SCOPE OF WORK 32 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 & 2 J PROJECT SCHEDULE CONSULTANT shall adhere to the following schedule: Major Milestones Deadline (Weeks from start) TM-1: Project Element 1 — Capacity and Needs Study 4 TM-2: Project Element 2—AQMD Title V and NFPA 8 Requirements TM-3: Project Element 3 —Operational Issues 12 TM-4: Project Element 4—Condition Assessment 18 TM-5: Project Element 5— Evaluation of Alternatives, 24 Preferred Alternative(s) Scopes of Work and Budget Estimates The above schedule takes into account the SANITATION DISTRICT review period for each project submittal. K DELIVERABLES CONSULTANT shall confirm the format and quantities for project deliverable submitted to the SANITATION DISTRICT prior to preparation. In addition to the native formats, (1) copy of every document shall be provided in Adobe Acrobat (pdf)format with a 300 dpi resolution. The file name shall describe the document contents. A reference list shall be provided showing (for every document)the document name, description, and electronic file name. Review submittals and Final document submittals shall be provided per the table below: Submittal Number of Printed Copies Draft Submittal (for staff review) 10 Final Submittal (file copy) 5 The SANITATION DISTRICT typically accepts the following electronic formats. Document Electronic Native Format Text Documents MS Word Cost Estimates MS Excel Schedule MS Project or Primavera Engineering Drawings AutoCAD Databases MS Excel or Access May 01, 2013 SP-141 SCOPE OF WORK 33 of 34 Return to Aaenda Report GAS FACILITIES STUDY FOR PLANTS 1 &2 L SANITATION DISTRICT STAFF CONTACT Contact information for the SANITATION DISTRICT Project Manager is listed below. The SANITATION DISTRICT Project Manager is the CONSULTANT's primary contact. Directions from other SANITATION DISTRICT staff must be approved by the SANITATION DISTRICT Project Manager prior to action from the CONSULTANT. A copy of all comments on project issues obtained by the CONSULTANT from the SANITATION DISTRICT staff without the direct SANITATION DISTRICT Project Manager's involvement shall be submitted for approval within three business days of receipt. M SAFETY CONSULTANT will abide by the SANITATION DISTRICT's safety policies as required for the study. The safety policies are attached to this Scope of Work as Exhibit A. ATTACHMENTS: Exhibit A—Safety and Accident Prevention Requirements May 01, 2013 SP-141 SCOPE OF WORK 34 of 34 OPERATIONS COMMITTEE Meeting Dare TOBA.Of DIr. 09/04/13 Og/25/13 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Victoria Pilko SUBJECT: PLANT WATER SYSTEM REHABILITATION AT PLANT NO. 2, PROJECT NO. P2-101 GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Consultant Services Agreement with Carollo Engineers to provide construction support services for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, for an amount not to exceed $225,108; and, B. Approve a contingency of$22,511 (10%). SUMMARY This project will rehabilitate or replace deteriorating plant water pipe and valves that are in need of replacement due to corrosion. This project also includes temporary measures to ensure that the treatment plant maintains continuous operations during the repairs. Carollo Engineers has satisfactorily furnished engineering services for the design of Project No. P2-101, and their engineering support services during construction will provide continuity through the completion of the project. The proposed engineering services during construction will be provided on an as-needed basis and will include reviewing submittals, responding to Contractor's Requests for Information, reviewing and preparing design changes, preparing record drawings, and assisting in closeout of the project. Staff negotiated with Carollo Engineers for these support services in accordance with the Orange County Sanitation District's (Sanitation District) adopted policies and procedures. A review of the proposed price was conducted using estimated quantities of Requests for Information, submittals, meetings, site visits, change order review, and design revisions, as well as the level of effort for preparing record drawings. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services. Staff recommends awarding a Professional Consultant Services Agreement with Carollo Engineers for an amount not to exceed $225,108, and approving a contingency of$22,511 (10%). Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS June 2013 — Authorized staff to enter into negotiations with Carollo Engineers for construction support services for Plant Water System Rehabilitation at Plant No. 2, Project P2-101. ADDITIONAL INFORMATION None. CEQA A Notice of Exemption was filed and recorded on May 5, 2008. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (Line item: FY 2013-14 Update, Page A-10) and the budget is sufficient for the recommended action. Date of ADDroval Contract Amount Continaencv 09/25/13 $225,108 $22,511 (10%) ATTACHMENT The following attachment(s) maybe viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: Draft Professional Consultant Services Agreement NK:DF:VP:dm:gc Page 2 of 2 Return to Mends Report PROFESSIONAL CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 2r day of September, 2013 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and Carollo Engineers, for purposes of this Agreement hereinafter referred to as "CONSULTANT'. WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for Plant Water System Rehabilitation at Plant No. 2, P2-101; and, WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and, WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the Delegation of Authority (DOA) Section 5.7 (f)and (g)for the selection of Construction Support Services and has proceeded in accordance with said procedures to perform this work; and, WHEREAS, at its regular meeting on September 25, 2013 the Board of Directors, by Minute Order , accepted the recommendation of the Operations Committee to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. PCSA P2-101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 1 of 17 Return to Mends Report C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this agreement or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the limeframe specified by the Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of«Number of Days» calendar days during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT. E. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that(a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Twenty- Five Thousand One Hundred Nine Dollars ($225,109). Total compensation to CONSULTANT including burdened labor(salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum set forth in Attachment"E" - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT PCSA P2-101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No. 2 Page 2 of 17 Return to Mends Report charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees'work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment"E"- Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment"E"- Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment"E"- Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment"E" - Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION PCSA P2-101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 3 of 17 Return to Mends Rom DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts and other documentary records to support CONSULTANT's request for reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 -AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent(100%) of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. PCSA P2-1 of Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 4 of 17 Return to Mends Report C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2- COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICTS Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT intends to employ employees who will perform work during the design and preconstruction phases of a construction contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. PCSA P2-101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 5 of 17 Return to Mends Report 6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed. All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholders 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 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 commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: PCSA P2-101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 6 of 17 Return to Mende Repotl «Per Occurrence Written Amount» Dollars ($«Per Occurrence Amounb») per occurrence with aAggregate Written Amounb> Dollars ($aAggregate Amount») aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of«Coverage Written Amount)) Dollars ($<<Coverage Amount»)or alternatively, «Per Person Written Amount» Dollars ($«Per Person Written Amount») per person for bodily injury and «Per Accident Written Amount» Dollars ($«Per Accident Amounb») per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of «Compensation Written Amount)) Dollars ($«Compensation Amount») per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. PCSA P2-101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 7 of 17 Return to Mends Report F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than «Errors and Omission Written Amounts Dollars ($(<Errors and Omission Amounts)with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5)years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended 'tail' coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence' basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: PCSA R2-1 of Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 8 of 17 Return to Anemia Report • Certificate of Insurance ACORD Form 25-S(7/97)or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days' prior written notice. The Cancellation Section of ACORD Form 25-S (7/97) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, 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. PCSA P2-101 Revised 07/29113 Plant Water System Rehabilitation at Plant No.2 Page 9 of 17 Return to Mends Report J. Separation of Insured All liability policies shall contain a "Separation of Insureds"clause. K. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. L. Deductibles and Self-Insured Retentions Any deductible and/or self insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. M. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. N. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. 8. SCOPE CHANGES In the event of a change in the scope of the proposed project, requested by SANITATION 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. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT's project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2-COMPENSATION. PCSA P2-101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 10 of 17 Return b Mends Report There shall be no substitution of the listed Subconsultants and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT's personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer. Such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all Project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all Project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. PCSA P2.101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 11 of 17 Return to Mends Report 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Natasha K. Dubrovski, Principal Contracts Administrator Copy: Victoria Pilko, Project Manager Notices shall be mailed to CONSULTANT at: CARDLLO ENGINEERS 10540 Talbert Avenue, Suite 200 East Fountain Valley, CA 92708 Attention: Douglas J. Lanning, Project Manager All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT's staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13- NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. PCSA P2-101 Revised 07129/13 Plant Water System Rehabilitation at Plant No.2 Page 12 of 17 Return to Mends Report 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which 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 part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT'S sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect PCSA P2.101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 13 of 17 Return to Mende Report and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT'S officers, directors, employees, CONSULTANT'S, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys'fees, disbursements and court costs, and all other professional, expert or CONSULTANT'S fees and costs and the SANITATION DISTRICT'S general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT'S suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A)the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C)the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT'S supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A)through (B)above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT'S liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT'S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the PCSA P2-11011 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 14 of 17 Return to Mends Rom payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT'S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the Department and may be considered in future CONSULTANT selection processes. 25. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, Work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout. Upon receipt of CONSULTANT'S submittals, the SANITATION DISTRICT shall commence a closeout audit of the Agreement and will either: I. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT'S cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative Closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the Work, the non-completion of which were not disclosed to the SANITATION DISTRICT(regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance. PCSA P2-11011 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 15 of 17 Return to Mends Report Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT'S request for final Agreement Acceptance as set forth above shall not be deemed to be Acceptance of the Work by the SANITATION DISTRICT for any purpose nor imply Acceptance of, or agreement with, the Consultant's request for final Agreement Acceptance. 26. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PCSA P2.101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 16 of 17 Return to Aaenda Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: CARDLLO ENGINEERS By Date Printed Name &Title ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Maria Ayala Clerk of the Board Date By Marc Dubois Date Contracts, Purchasing and Materials Management Division Manager Attachments: Attachment"A'—Scope of Work Attachment"B"—Labor Hour Matrix Attachment"C"— Not attached Attachment"D"—Allowable Direct Costs Attachment"E"—Fee Proposal Attachment"F"—Not attached Attachment"G"—Cost Matrix& Cost Summary Attachment"H"— Not attached Attachment"I"—Not attached NKD:ms EDMS:003977495 PCSA P2-101 Revised 07/29/13 Plant Water System Rehabilitation at Plant No.2 Page 17 of 17 OPERATIONS COMMITTEE Neebng Dare To ad.of W. 09,09/13 -- AGENDA REPORT Item Number Item Number a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Administrative Services Information Technology Manager: Richard Castillon Engineering Environmental Compliance Manager: James Colston SUBJECT: ENFOTECH IPACS PRETREATMENT SYSTEM IMPLEMENTATION GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY Staff will present an informational overview of the enfoTech iPACS Environmental Compliance System for the Orange County Sanitation District's (OCSD) pretreatment software implementation which will replace the current OCSD developed system. PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION OCSD is installing IPACS, a new environmental compliance system. This is a medium sized enterprise software installation and is designed to centrally manage the industrial waste control pretreatment program. The software replaces the current system which was written over the past 20 years by various contract and OCSD programmers and developers. Staff will provide an overview of the project and describe the benefits Engineering Environmental Compliance will achieve in using the new system. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS None. Page 1 of 1 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary AQMD Air Quality Management District ASCE American Society of Civil Engineers BOO Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District OOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (DIT) — the dilution at which the majority of the people detect the odor becomes the D(f for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect'). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NOMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.