HomeMy WebLinkAbout12-05-2012 Operations Committee Agenda Packet NOTICE OF MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Engineering, Operations & Maintenance, and Facilities Support Services
Wednesday, December 5. 2012 — 5:00 P.M.
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
The regular meeting of the Operations Committee of the Orange County
Sanitation District will be held at the above location, date and time.
OPERATIONS COMMITTEE BOARD
MEETING DATE MEETING DATE
12/05/12 12119112"
JANUARY DARK 01/23/13
02/06/13 02/27/13
03/06/13 03/27/13
04/03/13 04/24/13
05/01/13 05/22/13
O6/05/13 06/26/13
07/03/13 07/24/13
AUGUST DARK 08/28/13
09/04/13 09/25/13
10/02/13 10/23/13
11/06/13 11120113"
**Meeting will be held on the third Wednesday of the month.
ROLL CALL
OPERATIONS COMMITTEE
Engineering, Operations & Maintenance, and Facilities Support Services
Meeting Date: December 5, 2012 Time: 5:00 p.m.
Adjourn:
COMMITTEE MEMBERS (14)
Tom Beamish Chair
John Nielsen ice-Chair
Bill Dalton
Gail Eastman
Michael Levitt
Scott Nelson
Joy Neu ebauer
Steven Rosansk
Don Schweitzer
Greg Sebourn
David Shawver
Fred Smith
Troy Edgar Board Chair
John Anderson Board Vice Chair
OTHERS
Brad Ho in, General Counsel
STAFF
Jim Ruth, General Manager
Bob Ghirelli, Assistant General Manager
Jim Herber , Assistant General Manager
Nick Arhontes, Dir. of Facilities Support Services
Ed Torres, Director of Operations & Maintenance
Jeff Reed, Director of Human Resources
Lorenzo Tyner, Director of Finance and
Administrative Services
Maria Ayala, Clerk of the Board
Dean Fisher
Tod Haynes
Rob Thompson
Orange County Sanitation District Wednesday, December 5, 2012
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 November 7, 2012, Operations Committee meeting.
2. Recommend to the Board of Directors to:
Approve a budget increase of$485,000 for Replacement of the Bitter Point Pump
Station, Contract No. 5-49, for a total budget amount of$32,095,000.
3. Recommend to the Board of Directors to:
Authorize the General Manager to negotiate a Professional Consultant Services
Agreement with Atkins North America, Inc. for construction support services for
Dover Drive Trunk Sewer Relief, Contract No. 5-63.
4. Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with RMC Water and
Environment to provide engineering design services for District 6 Trunk
Sewer Relief, Project No. 6-17, for an amount not to exceed $576,541;
and,
B. Approve a contingency of$57,654 (10%).
12/05/12 Operations Committee Agenda Page 1 of 4
5. Recommend to the Board of Directors to:
A. Receive and file Addendum to the Final Effluent Pump Station Annex and
Collection System Odor and Corrosion Control Program Supplemental
Environmental Impact Report (SEIR) for project modifications to the
Collection System Odor and Corrosion Control Program; and,
B. Approve an amendment to the existing lease, a two year (24-month) real
property lease and subterranean license agreement, with Brea Imperial
Inc. and RV Storage Depot Brea to allow mobilization of chemical dosing
equipment and injection of chemicals at 1225 West Imperial Highway in
Brea for an amount of $2,575 per month for 2013 and an amount of
$2,652.25 per month for 2014, in a form approved by General Counsel,
with an option to extend for up to two additional years with up to a three
percent price escalation per year beginning December 31, 2012 and
ending December 31, 2014.
6. Recommend to the Board of Directors to:
A. Authorize the purchase of a new tour bus from Creative Bus Sales, for a
total not to exceed $119,991, in accordance with Resolution No. OCSD
07-04, Section 3.08: Cooperative Procurement; and
B. Approve a contingency of$12,000 (10%).
7. Recommend to the Board of Directors to:
Ratify Change Order No. 3 to Plant 2 Digester "0" Liner Repair Project,
Specification No. FR-2010-45513D, with J.R. Filanc Construction Company
(Filanc) authorizing an addition of $39,873 and 91 days, increasing the total
contract amount to $1,142,986 and extending the contract completion to
November 30, 2012.
8. Recommend to the Board of Directors to:
A. Approve a contingency increase of $32,200 (17%) to the Professional
Design Services Agreement with HH Framer Architecture Inc. for
Operations Center Entrance and Building Repairs, Project No. J-122, for a
total contingency of$60,370 (32%); and,
B. Approve a budget increase of $164,200 for Operations Center Entrance
and Building Repairs, Project No. J-122, for a total budget amount of
$2,489,200.
12/05/12 Operations Committee Agenda Page 2 of 4
9. Recommend to the Board of Directors to:
A. Award a contract to the lowest responsive and responsible bidder, Danny
Letner DBA Letner Roofing Company, for Plant 1 Roof Replacement Job
No. FR11-028 and Plant 2 Roof Replacement Job No. FR11-027, for a
total amount not to exceed $472,500 and,
B. Approve a contingency of$141,750 (30%).
10. Recommend to the Board of Directors to:
Approve a contingency increase of $568,296 (10%) to the Professional Design
Services Agreement with Brown and Caldwell for Sludge Dewatering and Odor
Control at Plant No. 2, Project No. P2-92, for a total contingency of $1,136,592
(20%).
11. Authorize the Sole Source Purchase of DeZURIK Valves and Operators for the
maintenance repair of"M" Digester for an amount not to exceed $138,500.
12. Recommend to the Board of Directors to:
A. Adopt Resolution No. OCSD 12- XX, to Amend Section 4.09 Request for
Proposal Procedure of Resolution No. OCSD 07-04 entitled "Establishing
Policies And Procedures For: The Award Of Purchase Orders And
Contracts; Public Works Project Contracts; Professional Services
Contracts; And Delegation Of Authority To Implement Said Policies And
Procedures"
B. Authorize the General Manager to initiate a request for proposal process
and recommend multiple-supplier contract awards for the purchase of
ferric chloride (Specification No. C-2013-55313D), for the period of July 1,
2013 through June 30, 2014, with four one-year renewal options.
INFORMATIONAL ITEMS
13. Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92
DEPARTMENT HEAD REPORTS:
Ocean Monitoring During Use of Short Outfall
12/05/12 Operations Committee Agenda Page 3 of 4
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, February 6,
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 Ruth (714)593-7110 iruth0ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rohirelliamsd.com
Assistant General Manager Jim Hari (714)593-7300 iherbero(a)oosd.com
Director of Facility Support Services Nick Arhontes (714)593-7210 narhontesColocsd.com
Director of Operations&Maintenance Ed Tortes 714 593-7080 etorres ocsd.com
12/05/12 Operations Committee Agenda Page 4 of
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOO Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
OOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
Glossary of Terms and Abbreviations
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (DR) — the dilution at which the majority of the people detect the odor
becomes the D(f for that air sample.
Glossary of Terms and Abbreviations
Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Publicly-owned Treatment Works(POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.
MINUTES OF THE
OPERATIONS COMMITTEE
Engineering, Operations & Maintenance, and Facilities Support Services
Orange County Sanitation District
A regular meeting of the Operations Committee of the Orange County Sanitation District
was held on November 7, 2012, at 5:00 p.m. in the District's Administrative Office.
A quorum was declared present, as follows:
Operations Directors Present: Staff Present:
Tom Beamish, Chair Jim Ruth, General Manager
Bill Dalton Bob Ghirelli, Assistant General Manager
Gail Eastman Jim Herberg, Assistant General Manager
Michael Levitt Nick Arhontes, Director of Facilities Support
Scott Nelson Services
Joy Neugebauer Jeff Reed, Director, Human Resources
Steven Rosansky Ed Torres, Director of Operations & Maintenance
Don Schweitzer Lorenzo Tyner, Director of Finance &
Greg Sebourn Administrative Services
David Shawver Dean Fisher, Engineering Manager
Fred Smith Rob Thompson, Engineering Manager
John Anderson, Board Vice Chair
Others Present:
Operations Directors Absent: Brad Hogin, General Counsel
John Nielsen, Vice Chair Tram Tran, General Counsel
Troy Edgar, Board Chair
PUBLIC COMMENTS:
Mark Wippler(Bio-Solids Remediation Corp)
Mr. Wippler introduced his company to the Committee and staff. He announced he
would speak with staff on potentially working together in the future.
Chair Beamish announced that the other public comment requests would be heard at
the time the items, to which they were speaking to, would be considered.
REPORT OF COMMITTEE CHAIR:
Chair Beamish did not give a report.
11/07/12 Operations CommRtee Minutes Page 1 of 6
REPORT OF GENERAL MANAGER:
General Manager, Jim Ruth, did not give a report.
DEPARTMENT HEAD REPORT:
Wastewater 101: Solids Processing
Jim Herberg, Assistant General Manager, gave a PowerPoint presentation on the
various stages involved in treating waste water and processing the solids.
CONSENT CALENDAR:
1. MOVED, SECONDED, and DULY CARRIED: Approve Minutes of October 3,
2012, Operations Committee meeting.
2. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve a Professional Design Services Agreement with Brown and
Caldwell for Santa Ana Trunk Sewer Rehabilitation, Project No. 1-17,
providing for engineering design services for an amount not to exceed
$457,475; and,
B. Approve a contingency of$45,747 (10%).
3. Agenda Item 3 was pulled to Non Consent.
4. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Award a construction contract to the lowest responsive and responsible
bidder, Century Paving, Inc., for Plant 1 Asphalt Replacement Job No.
FR11-025 and Plant 2 Asphalt Replacement Job No. FR11-026, for a total
amount not to exceed $448,309; and,
B. Approve a contingency of$89,661 (20%).
09/OW12 Operations CommRtee Minutes Page 2 of 6
5. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve a budget increase of $614,000, for a total project budget of
$930,000;
B. Approve a Professional Services Agreement with Arcadis U.S., Inc., for
Phase 2 Facility-Wide Safety Assessment, Project No. SP-145-1,
providing for services for an amount not to exceed $686,400; and,
C. Approve a contingency of$68,640 (10%).
6. A. MOVED, SECONDED, and DULY CARRIED: Authorize the General
Manager to competitively bid and subsequently award a contract to the
lowest responsive and responsible bidder, for the SA-11 Wintersburg
Channel Siphon Vent Replacement Project No. FR11-017, for an amount
not to exceed $170,000; and
B. Approve a contingency of$34,000 (20%).
NON-CONSENT:
3. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. MOVED, SECONDED, and DULY CARRIED: Adopt Resolution No.
OCSD 12-XX, certifying the Notice of Exemption for the Orangthorpe
Avenue Grade Separation Project, Finding that the Lead Agency CEQA
Compliance Obligations have been Fulfilled, and Related Actions (Project
No. 2-77); and,
B. Approve a Reimbursement Agreement with the Orange County
Transportation Authority for an amount not to exceed $3,000,000, in a
form approved by General Counsel.
7. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
Approve a Waste Disposal Agreement with the County of Orange (Orange
County Waste and Recycling) for the County to receive and dispose of the
Orange County Sanitation District's biosolids at the Prima Deshecha Landfill,
subject to available capacity, for the period commencing on December 1, 2012
through June 30, 2020, with a renewal option of 10-years in a total annual
amount not to exceed $3,605,288.
09/OW12 Operations CommRtee Minutes Page 3 of 6
8. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
Authorize Amendment No. 9 to Synagro West, Inc. (Synagro), Purchase Order
No. 100760-OB, increasing the annual amount from $6,580,000 to an amount not
to exceed (NTE) $8,600,000 for the period of January 1, 2012 through December
31, 2012 for the Orange County Sanitation District's biosolids management
contract. Thereafter, the NTE will be $6,580,000 $6,850,000.
The Clerk of the Board announced the correction in the last figure to be
$6,850,000.
Jim Colston presented additional information on agenda items 7 and 8 individually.
Jim Herberg provided additional information on agenda item 9. He also answered
various questions from the Board.
At this point, the Chair announced that the Committee would hear the public comments
on agenda item 9 and that Closed Session would immediately follow. After convening
from Closed Session, the Committee would take action on agenda item 9.
PUBLIC COMMENT:
Ron Winters (Girrlich Mitchell)
Mr. Winters spoke about his company bidding on a recent item regarding cake pumps
and his concerns about the Sanitation District's sole source agreements.
Randall Finch (Balfour Beatty)
Mr. Beatty distributed a document to the Committee on Balfour Beatty's concerns over
the P1-101 item on the agenda and concerns over the awarding of the contract.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(b)
The Committee convened in closed session at 5:49 p.m. to discuss one item.
Confidential Minutes of the closed Session have been prepared in accordance with the
above Government Code Sections and are maintained by the Clerk of the Board in the
Official Book of Confidential Minutes of Board and Committee Closed Meetings.
RECONVENE IN REGULAR SESSION: The Committee reconvened in regular session
at 6:19 p.m.
09IM12 Operations CommRtee Minutes Page 4 of 6
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION: None.
9. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve Plans and Specifications for Sludge Dewatering and Odor
Control at Plant No. 1, Project No. P1-101, on file at the office of the Clerk
of the Board;
B. Approve Addendum Nos. 1 through 6 to the plans and specifications;
C. Receive and file bid tabulation and recommendation;
D. Receive and file Award Protest dated October 5, 2012 and Supplemental
Award Protest dated October 12, 2012 from Balfour Beatty Infrastructure,
Inc. concerning the award to W. M. Lyles Company;
E. Receive and file response letter dated October 11, 2012, from W.M. Lyles
Company to Award Protest from Balfour Beatty Infrastructure, Inc.;
F. Receive and file Orange County Sanitation District Final Disposition letters
dated October 15, 2012 and October 31, 2012 to Balfour Beatty
Infrastructure, Inc. responding to the Award Protest;
G. Deny Award Protest filed by Balfour Beatty Infrastructure, Inc.;
H. Receive and File Award Protest from Moyno, Inc. dated August 23, 2012,
alleging that the sole source designation of Seepex for cake pumps was
improper;
I. Receive and file Orange County Sanitation District Final Disposition letter
dated October 4, 2012 to Moyno, Inc., responding to Award Protest;
J. Reject untimely Award Protest filed by Moyno, Inc.;
K. Approve a budget increase of $24,708,300 for Sludge Dewatering and
Odor Control at Plant No. 1, Project No. P1-101 for a total amount not to
exceed $171,978,300;
L. Award a construction contract to W.M. Lyles Company for Sludge
Dewatering and Odor Control at Plant No. 1, Project No. P1-101, for a
total amount not to exceed $126,908,300; and,
M. Approve a contingency of $3,800,000 (3%).
09ID5112 Operations CommRtee Minutes Page 5 of 6
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Director Shawver asked staff to look into a transition plan for properties that have septic
tanks instead of sewers.
Chair Beamish congratulated Directors Neugebauer and Nelson on their reelection.
ADJOURNMENT:
Committee Chair Beamish declared the meeting adjourned at 6:23 p.m.
Submitted by:
Maria E. Ayala
Clerk of the Board
09IM12 Opeations CommRtee Minutes Page 6&6
OPERATIONS COMMITTEE Meeting Date Toaa.orDi,.
1V05/12 12/19/12
AGENDA REPORT Item 2 bar Item Number
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Jim Herberg, Assistant General Manager
Project Manager: Martin Dix
SUBJECT: REPLACEMENT OF THE BITTER POINT PUMP STATION,
CONTRACT NO. 549
GENERAL MANAGER'S RECOMMENDATION
Approve a budget increase of $485,000 for Replacement of the Bitter Point Pump
Station, Contract No. 5-49, for a total budget amount of$32,095,000.
SUMMARY
This project replaces the existing 70-year-old Bitter Point Pump Station with a new
pump station on West Coast Highway in Newport Beach. All construction activities are
complete and the new pump station is operational. Final Acceptance was declared on
October 19, 2012, and the project is currently in closeout.
This budget request is to cover the additional time spent by the Orange County
Sanitation District (Sanitation District) staff to resolve the problems that occurred during
the construction and commissioning of the pump station; the labor budget was overrun
by $447,000. Inspection labor made up the majority of the budget overrun while support
for project management and engineering made up the remaining.
In 2010, the project budget was reduced by $4,463,000 due to favorable construction
bids. Over the last two years, the project budget was further reduced by $476,000
because the construction change order percentage was low, the project was on
schedule, and the known risks were small. However, to prevent costly delays to another
Sanitation District project, Project No. 132-66, Headworks Improvement at Plant No. 2,
the Sanitation District took beneficial occupancy of the Bitter Point Pump Station on
March 28, 2012 during the middle of Contractor's commissioning phase. As a
consequence of taking beneficial occupancy early, before the station was fully
commissioned and deemed reliable, trained inspection staff was needed at the station 7
days a week, 24 hours per day, to prevent a possible sewage spill. As a result of staff
action, costly delays to P2-66 were avoided without incident.
To cover the Sanitation District labor budget overrun that incurred during construction
and commissioning, and any further unexpected conditions during closeout, staff is
requesting a $485,000 budget increase which includes $50,000 to be held in reserve as
project contingency.
Page 1 of 2
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Bitter Point Pump Station project's budget has been reduced by nearly $5 million
since the start of the construction due to favorable bid environment and low project risk.
The recent budget overrun was necessary to mitigate risks and a potential delay to
another project with greater consequences of delay. The decision to take beneficial
occupancy of the Bitter Point Pump Station early allowed P2-66 to demolish the old
headworks and avoid potential Contractor delay.
CEQA
The Mitigated Negative Declaration for the Replacement of Bitter Point Pump Station,
Contract No. 549, was certified by the Sanitation District's Board of Directors on
March 26, 2003. The Notice of Determination was filed with the State Clearinghouse on
March 28, 2003.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request for increase in the project budget complies with authority levels of the
Sanitation District's Delegation of Authority. This item has been budgeted (FY2012-13
Section 8, Page 27), but the budget is insufficient for the recommended action. These
funds will be offset by reductions within the CIP Budget.
Date of Approval Contract Amount Continuencv
N/A N/A N/A
JH:MD:dm:gc
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
12/05/12 12/19/12
AGENDA REPORT Item Item Number
B
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Jim Herberg, Assistant General Manager
CIP Project Manager: Hardat Khublall
SUBJECT: DOVER DRIVE TRUNK SEWER RELIEF, CONTRACT NO. 5-63
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to negotiate a Professional Consultant Services
Agreement with Atkins North America, Inc. (Atkins) for construction support services for
Dover Drive Trunk Sewer Relief, Contract No. 5-63.
SUMMARY
The Dover Drive Trunk Sewer Relief, Contract No. 5-63, provides for the increase in the
hydraulic capacity of approximately 7,500 feet of existing sewer lines located along
Dover Drive, between Irvine Avenue and Pacific Coast Highway, in the City of Newport
Beach. Atkins, formerly PBS&J, was awarded the design contract to design the trunk
sewer.
Atkins has satisfactorily furnished engineering services for the design of Contract
No. 5-63 and their engineering support services during construction are needed to
provide continuity through the completion of the project. The proposed construction
services will include reviewing submittals, answering Contractors' Requests for
Information, reviewing design changes, claims avoidance and dispute resolution
assistance, final inspection, preparing record drawings, and closeout of the project.
This Professional Consultant Services Agreement will be presented to the Board of
Directors for approval at a future meeting.
PRIOR COMMITTEE/BOARD ACTIONS
September 2008 — Approved Professional Design Services Agreement with PBS&J for
Dover Drive Trunk Sewer Relief, Contract No. 5-63, providing for engineering design
services for an amount not to exceed $956,431 and approve a contingency of $95,643
(10%).
ADDITIONAL INFORMATION
None.
Page 1 of 2
CEQA
This project was included in the June 2007 Collections, Programmatic Environmental
Impact Report, was certified on August 22, 2007 and a Notice of Determination was
filed on August 23, 2007.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted (FY2012-13 Section S, Page 31) and the
budget is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
N/A N/A N/A
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Page 2 of 2
OPERATIONS COMMITTEE Meeting Date To Bd.of Dir.
12/05112 1"'1 2
AGENDA REPORT Item Number barnNumber
4
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Jim Herberg, Assistant General Manager
CIP Project Manager: Eros Yong
SUBJECT: DISTRICT 6 TRUNK SEWER RELIEF, PROJECT NO. 6-17
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Design Services Agreement with RMC Water and
Environment to provide engineering design services for District 6 Trunk Sewer
Relief, Project No. 6-17, for an amount not to exceed $576,541; and,
B. Approve a contingency of$57,654 (10%).
SUMMARY
The purpose of this project is to increase the wet weather capacity of the District 6
Trunk, extend the life of the sewer by 30 years, and to provide safe access to the
manholes. The District 6 Trunk serves the cities of Costa Mesa and Newport Beach.
The existing 3,700-foot long sewer ranges from 12 to 18 inches in diameter and extends
along Pomona Avenue in Costa Mesa, and along Newport Boulevard to Pacific Coast
Highway in Newport Beach.
The District 6 trunk sewer was built by the Orange County Sanitation District (Sanitation
District) in the early 1950s and is approximately 60 years old. The Sanitation District's
2006 Strategic Plan Update and 2009 Facilities Master Plan both identify this sewer as
at risk of a sanitary sewer overflow during a 10-year model storm event and is in need
of capacity upgrades. A 2006 survey performed on the project's sewer pipes identified
portions of the pipe in need of rehabilitation in addition to capacity upgrades.
The proposed Professional Design Services Agreement includes the preparation of a
Preliminary Design Report and Final Design, which includes the preparation of
construction documents (plans and specifications).
The Sanitation District advertised a Request for Proposal (RFP) and seven proposals
were received. Based on the overall qualifications and expertise, staff recommends
awarding a PDSA to RMC Water and Environment (RMC) for an amount not to exceed
$576,541.
PRIOR COMMITTEE/BOARD ACTIONS
None.
Page 1 of 4
ADDITIONAL INFORMATION
Project Scope of Work:
This project will provide an engineered solution to increase the wet weather capacity
and extend the life of the District 6 sewer. A hydraulic model using specific site
information will be used to determine the proper sizing of the new pipe. Different pipe
replacement and rehabilitation technologies and approaches will be evaluated using
various criteria such as cost, construction duration, construction impact to residents and
local businesses, permitting, sewer bypass requirements, odor control requirements,
geotechnical condition, stormwater risk, etc.
Request for Proposal (RFP):
The evaluation and selection process is based on procedures pursuant to the California
Government Code requiring the Sanitation District to select "the best qualified firm" for
architectural and engineering services and to negotiate a 'fair and reasonable' fee with
that firm.
An RFP which outlined Consultant Scope of Work and criteria required for this project
was advertised on August 7, 2012 in the Orange County Register. Furthermore, an
email notification was sent to all engineering consultants registered in the categories of
Architecture & Engineering; Design; and Engineering — General, in the Sanitation
District vendor database. As a result, seven proposals were received on September 18,
2012. A Staff Evaluation/Screening Committee consisting of five representatives from
Engineering and Facilities Support Services Departments reviewed and ranked each of
the proposals in accordance with the evaluation process set forth in the Sanitation
District Resolution No. OCSD 07-04, Section 5.07. A representative from the Contracts
Administration Division participated in the evaluation process as a non-voting member.
The proposals were evaluated according to the following six criteria: (1) understanding
of the Scope of Work; (2) technical approach; (3) management approach; (4) staff
qualifications; (5)firm experiences; and (6) schedule.
After reviewing and scoring the proposals, the seven Consultant firms were ranked
according to the score achieved. The Evaluation Committee selected the top four firms
to continue in the selection process for further evaluation. Atkins, Psomas, RMC, and
Tetra Tech were the top ranking firms, and the Evaluation Committee conducted
interviews with each of the top four firms to meet the proposed key team members and
further evaluate the firms' proposals. Pursuant to the results of the interview, the
Evaluation Committee selected RMC as the top-ranked firm as shown in Table 1.
Page 2 of 4
TABLE 1
PROPOSAL EVALUATION*
Consultant RMC Psomas Tetra Tech Atkins
Evaluator Rank Rank Rank Rank
Reviewer A 1 2 4 3
Reviewer B 1 2 3 4
Reviewer C 1 3 2 4
Reviewer D 1 2 3 4
Reviewer E 1 2 3 4
Average Ranking 1 2.2 3 3.8
Overall Ranking 1 2 3 4
Proposal Fee 692,283 540,647 387,058 789,768
Negotiated Fee 576,541 --Proposal
Based on scores after interview
All proposals were accompanied by a sealed fee proposal estimate. The fee proposal
estimates were not opened until the proposals were evaluated and a top-ranked firm
was selected in accordance with Sanitation District Resolution No. OCSD 07-04,
Section 5.07.
Staff conducted negotiations with RMC to clarify the requirements of the Scope of Work
and to establish the final negotiated fee. During these meetings, the project Scope of
Work, assumptions, and the design process were discussed and clarified as required for
the completion of the Scope of Work for the project. Elements reviewed include
drawing list, project schedule, total labor hours, and labor-hour distribution by task as
related to the work items, labor overhead rates, and profit calculations. These elements
were compared to the budgeted amounts, the independent fee estimate prepared by
Staff, RFP requirements, industry standards, historical data, and Sanitation District
Guidelines.
As a result of these meetings, the proposal fee was decreased to $576,541, which is
higher than the second and third ranked proposers submitted by Psomas and Tetra
Tech respectively. Compared to these two firms, RMC's proposed project team is
comprised of better qualified experts in the fields of hydraulic modeling, piping
rehabilitation, and replacement methods, including pipe bursting and other trenchless
technologies. RMC's proposal includes more elements to reduce risks during
construction including a more thorough evaluation of rehabilitation and replacement
technologies and increased QA/QC effort. Staff believes that using the approach as
proposed by RMC will significantly reduce potential change orders, delays, and
community impacts during construction.
Page 3 of 4
Based on the above, staff determined the final cost proposal to be fair and reasonable
for the Scope of Work and recommends awarding the Professional Design Services
Agreement to RMC for an amount not to exceed $576,541.
CEQA
The project was included in the Program Draft Environmental Impact Report (DEIR) on
Collection System Improvement Plan dated March 2007.
An Addendum or Mitigated Negative Declaration to CEQA documents may be needed
for the project. This work is included in the final negotiated contract.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This complies with the authority levels in the Sanitation District's Delegation of Authority.
This item has been budgeted (FY 2012-13, Section 8, Page 8) and the project budget is
sufficient for the recommended action.
Date of Approval Contract Amount Contingency
12/19/12 $576,541 $57,654 (10%)
ATTACHMENT
The following affachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package and attachments:
• Sample OCSD Professional Design Services Agreement (38 pages)
JH:EY:dm:gc
Page 4 of 4
ATTACHMENT "H"
SAMPLE PDSA and PCSA AGREEMENTS
ATTACHMENT "H"
SAMPLE PDSA AGREEMENT
PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the day of
«Month», «Year» by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter
referred to as "SANITATION DISTRICT", and aConsultantCompanyi, for purposes of this
Agreement hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for
eProjectTitlea, aProfe—ctroa; and to provide Design services for aProjectDescription» and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on «BoardMeetingDate» the Board of Directors, by
Minute Order, accepted the recommendation of the aOperationsCommittee» 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. CONSULTANT
shall respond to all comments, suggestions, and recommendations on the
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
comments shall be incorporated into the design prior to the next submittal
deadline or addressed, in writing, as to why the comment has not been
PDSA aJobNo.
Revised 11/18/10 Page 1 of 19
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 work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
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 SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
approval of the SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of Mber_Of_Dayu
days during which the SANITATION DISTRICT shall perform appropriate reviews
and including CAD Manual compliance. CONSULTANT shall correct any
discrepancies or errors detected and reported within the acceptance period at no
additional cost to the SANITATION DISTRICT.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or
recommended under this Agreement allow for competitive bidding. The
CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one source, and shall not
design plans and specifications around a single or specific product, piece of
major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT prior to beginning work on such plans
and specifications. Whenever the CONSULTANT recommends a specific
product or equipment for competitive procurement, such recommendation shall
include at least two brand names of products that are capable of meeting the
functional requirements applicable to the project.
F. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
PDSA aJobNo.
Revised 11/18/10 Page 2 of 19
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.
Except for Subconsultants covered by Section 2 (a) neither the documents nor
their contents shall be released to any third party without the prior written consent
of the SANITATION DISTRICT.
2. COMPENSATION. Total compensation shall be paid to CONSULTANT for services in
accordance with the following provisions:
A. Total Compensation.
Total compensation shall be in an amount not to exceed
iGrandTotalDesignServicesDollar_WrittenAmouri Dollars
($aGrandTotalDesignSewicesDollar))). 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 herein,
broken down as follows:
DESIGN SERVICES INCLUDING: `
CONSULTANT: Consultant Name»
Raw Labor $ «RawLabofDollar»
Fringe Rate
xFringeRatePcnt» % $ aFrinceRateDollar»
(%x Raw Labor)
Burdened labor $ aBurdenLaborpollar»
(Raw Labor+Fringe Rate)
Overhead
aOverheadlacnt» % $ «OverheadDollaro
(%x Burden Labor)
Subtotal $ sLaborpol
(Burden Labor+Overhead)
Profit aProfitPcnt» % $ aProfitDollarvar»
(%x Subtotal)
Total Direct Costs, not to exceed $ eDirectCostsDollar»
TOTAL—CONSULTANT Consulting Services, not to exceed $ «ConsultantTotalDollaor
PDSA eJobNoa
Revised 11/18/10 Page 3 of 19
Subconsultant"A": �_Namen
Raw Labor $ aSubARawLaborpollan,
Fringe Rate
'aSubAFringeRatePcnt» % $ aSubAFnngeRateDollam
(%x Raw Labor)
Burdened labor $ aSubABurdenLaborpollam
(Raw Labor+Fringe Rate)
Overhead
aSubAOverheadPcnbr % $ aSubAOverheadDollar»
(%x Burden Labor)
Subtotal $ aSubALaborpollam
(Burden Labor+Overhead)
Profit aSubAProfitPcnl» % $ (SubAProfitDollar»
(%x Subtotal)
Total Direct Costs, not to exceed $ aSubADirectCosts»
TOTAL—Subconsultant "A" Consulting Services, not to exceed $aSubATotalDollar»
Subconsultant"B": ASubB—Name4 Ax
Raw Labor $ (SubBRawLaborpollarn
Fringe Rate
aSubBFringeRatePcnb % $ aSubBFnngeRateDollare
(%x Raw Labor)
Burdened labor $ eSubMurdenLaborpollam
(Raw Labor+Fringe Rate)
Overhead
aSubBOverheadPcnt�% $ aSubBOverheadDollar»
(%x Burden Labor)
Subtotal $aSubBLaborpollar»
(Burden Labor+Overhead)
Profit WBProfitPcnt» % $eSubBProfitDollarn
(%x Subtotal)
Total Direct Costs, not to exceed $ aSubBDirectCosts»
TOTAL—Subconsultant'B"Consulting Services, not to exceed $ aSubBTotalDollar»
PDSA aJobNox
Revised 11/18/10 Page 4 of 19
Subconsultant"C": _Name»
Raw Labor $ «SubCRaWLaborpollaw
Fringe Rate
aSubCFringeRatePcnt» % $ oSubCFnngeRateDollaru
(%x Raw Labor)
Burdened labor $ aSubCBurdenLaborD011arN
(Raw Labor+Fringe Rate)
Overhead
«SubCOverheadPcnt» % $ «SubCOverheadDollarn
(%x Burden Labor)
Subtotal $ ,SubCLaborpollaru
(Burden Labor+Overhead)
Profit«SubCProfitPcnb % $ «SubCProfitDollaro
(%x Subtotal)
Total Direct Costs, not to exceed $ «SubCDirectCosts»
TOTAL-Subconsultant"C"Consulting Services, not to exceed $«SubCTotalDollar»
Subconsultants under$100,000:
Subconsultant 1 �� $ «Subi TotalDollar>>
Subconsultant 2 $ «Sub2TotalDollar.
Subconsultant 3 $ «Sub3TotaIDoIIarn
Subconsultant 4 $ «Sub4TotalDollar.
Subconsultant 5 $ «Sub5TotaIDoIIarn
TOTAL-Subconsultants under$100,000 $«SubsUnder100,000TotaIDoIIan>
GRAND TOTAL for Design Services, not to exceed $ aGrandTotalDesianservicesDollar»
For any Subwnsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with Subconsultant services
above.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant, total compensation on an hourly-rate
basis per attached schedule. The SANITATION DISTRICT shall pay to
CONSULTANT the actual costs of Subconsultant fees and charges, in an
PDSA eJobNoa
Revised 11/18/10 Page 5 of 19
amount not to exceed «SubsUnderl 00,000TotalDollar_WrittenAmount» Dollars
($e Su bsU nd erl 00,000Total Dol la re).
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.
B. Labor. As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits)actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. 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 Section 5,
Payment, of this Agreement. CONSULTANT shall warrant and certify the
accuracy of these costs and understand that submitted costs are subject to
Section 12 Audit Provisions.
D. 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 eOverheadPcntn % of burdened labor paid by CONSULTANT
pursuant to Compensation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant"A"for overhead
at a rate equal to eSubAOverheadPcnt» % of burdened labor as shown in
Compensation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant"B"for overhead
at a rate equal to eSubBOverheadPcntn % of burdened labor as in
Compensation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant"C"for overhead
at a rate equal to eSubMverheadPcnta % of burdened labor as in
Compensation Section hereof.
E. Profit. As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay a profit of eProfitDollar_WrittenAmount»
Dollars ($eProfitDollam)for all services rendered by CONSULTANT for this
project.
PDSA eJobNog
Revised 11/18/10 Page 6 of 19
The SANITATION DISTRICT shall pay a profit of
eSubAProfitDollar_WrittenAmounb> Dollars ($«SubAProfitDollarn)for all services
rendered by Subconsultant A for this project.
The SANITATION DISTRICT shall pay a profit of
eSubBProfitDollar_WrittenAmountn Dollars ($«SubBProfitDollar»)for all services
rendered by Subconsultant B for this project.
The SANITATION DISTRICT shall pay a profit of
<<SubCProfltDollar_WrittenAmount» Dollars ($eSubCProfitDollar»)for all services
rendered by Subconsultant C for this project.
F. Subconsultants. For any Subconsultant whose fees are greater than or equal to
$100,000, CONSULTANT shall pay to Subconsultant total compensation in
accordance with —. For any subconsultant whose fees are less than
$100,000, CONSULTANT may pay to subconsultant, total compensation on an
hourly-rate basis per attached Schedule. The SANITATION DISTRICT shall pay
to CONSULTANT the actual costs of subconsultant fees and charges in an
amount not to exceed eSubsUnder100,000TotalDollar_WrittenAmount» Dollars
($ASu bsU nder100,OOOTotal Dol la r»).
G. Direct Costs. The SANITATION DISTRICT shall pay to CONSULTANT the
actual costs of permits and associated fees, travel and licenses for an amount
not to exceed <<DirectCostsDollar_WrittenAmounb Dollars
($eDirectCostsDollare). The SANITATION DISTRICT shall also pay to
CONSULTANT actual costs for equipment rentals, leases or purchases with prior
approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall
provide to the SANITATION DISTRICT receipts and other documentary records
to support CONSULTANT's request for reimbursement of these amounts. All
incidental expenses shall be included in overhead pursuant to Compensation
Section above. (See Attachment"B").
The SANITATION DISTRICT shall pay to Subconsultant A the actual direct costs
for an amount not to exceed eSubADirectCosts_WrittenAmount» Dollars
($eSu bADirectCosts»).
The SANITATION DISTRICT shall pay to Subconsultant B the actual direct costs
for an amount not to exceed eSubBDirectCosts WrittenAmount» Dollars
($e Su bBDi rectCostsu).
The SANITATION DISTRICT shall pay to Subconsultant C the actual direct costs
for an amount not to exceed eSubCDirectCosts_WrittenAmounto Dollars
($aSu bCDi rectCosts»).
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.
PDSA eJobNog
Revised 11/18/10 Page 7 of 19
4. When the SANITATION DISTRICT determines that all Work authorized under the
Contract is fully complete and that the SANITATION DISTRICT requires no further work
from CONSULTANT, or the Contract is otherwise terminated or expires in accordance
with the terms of the Contract, the SANITATION DISTRICT shall give the Consultant
written notice that the Contract will be closed out. CONSULTANT shall submit all
outstanding billings, Work submittals, deliverables, reports or similarly related
documents as required under the Contract within thirty (30)days of receipt of notice of
Contract closeout.
Upon receipt of CONSULTANT'S submittals,the SANITATION DISTRICT shall commence
a closeout audit of the Contract and will either:
i. Give the CONSULTANT a final Contract 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 Project Closeout efforts identified in Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Contract 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 Contract which expressly or by their nature extend beyond
and survive final Contract Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT'S request for final Contract 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 Contract
Acceptance.
5. PAYMENT
A. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2 hereof in the format as required by the
SANITATION DISTRICT. Such requests shall be based upon the amount and
value of the work and services performed by CONSULTANT under this
Agreement and shall be prepared by CONSULTANT and accompanied by such
supporting data, including a detailed breakdown of all costs incurred and project
element work performed during the period covered by the statement, as may be
required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%)of the invoiced amount on a per-project-element basis.
PDSA xJobNog
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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.
B. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Compensation Section above. Said
profit payment request shall be proportionate to the work actually accomplished
to date on a per-project-element basis. In the event the SANITATION
DISTRICT's Director of Engineering determines that no satisfactory progress has
been made since the prior payment, or in the event of a delay in the work
progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
C. 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.
D. 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.
E. 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
PDSA xJobNo.
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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; ore) 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
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.
7. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS—CONSULTANT PERFORMANCE
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.
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
Department and may be considered in future CONSULTANT selection
processes.
8. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
PDSA xJobNo.
Revised 11/18/10 Page 10 of 19
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will
accept State Compensation Insurance Fund, for the required policy of
Worker's Compensation Insurance subject to the SANITATION
DISTRICT's option to require a change in insurer in the event the State
Fund financial rating is decreased below "B". Further, the SANITATION
DISTRICT will require Contractor to substitute any insurer whose rating
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 Liabilitv
The CONSULTANT shall maintain during the life of this contract, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage:
rerOccurrenceDollar_WrittenAmount» Dollars ($ePerOccurrenceDolla4) per
occurrence with aAggregateDollar_WrittenAmount» Dollars
($aAggregateDollar») aggregate. Said insurance shall include coverage for the
following hazards: Premises-Operations, blanket contractual liability (for this
Agreement), products liability/completed operations (including any product
manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and
Underground) must be included in the General Liability policy and coverage must
be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and automotive liability insurance required,
as set forth herein, shall be provided for through either a single policy of primary
insurance or a combination of policies of primary and umbrella excess coverage.
Umbrella excess liability coverage shall be issued with limits of liability which,
when combined with the primary insurance, will equal the minimum limits for
general liability and automotive liability.
D. Automotive/Vehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of lbverageDollar_WrittenAmounta Dollars
($eCoverageDollar») or alternatively, aPerPersonDollar_WrittenAmount» Dollars
PDSA eJobNoa
Revised 11/18/10 Page 11 of 19
($«PerPersonDollan>) per person for bodily injury and
«PerAccidentDollar_WrittenAmounte Dollars ($(<PerAccidentDollarn) 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
xCompensationDollar_WrittenAmounf» Dollars ($«CompensationDollar4) per
occurrence. Such Worker's Compensation Insurance shall be endorsed to
provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A
statement on an insurance certificate will not be accepted in lieu of the actual
endorsements unless the insurance carrier is State of California Insurance Fund
and the identifier"SCIF" and endorsement numbers 2570 and 2065 are
referenced on the certificate of insurance.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than
JErrorsOmissionDollar_WrittenAmount» Dollars ($«ErrorsOmissionDolla)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 anew 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.
PDSA xJobNoa
Revised 11/18/10 Page 12 of 19
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25-S(7/97)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms) CG 2010 10 01
and CG 2037 10 01
All other Additional Insured endorsements must
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
Management, Div. 230, and shall be received by the SANITATION DISTRICT not
less than thirty (30) days prior to the effective date of the change(s) if the change
PDSA eJobNo.
Revised 11/18/10 Page 13 of 19
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.
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 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.
PDSA xJobNoa
Revised 11/18/10 Page 14 of 19
10. PROJECT TEAM AND SUBCONSULTANTS. CONSULTANT shall provide to
SANITATION DISTRICT, prior to execution of this Agreement, the names and full
description of all subconsultants and CONSULTANT's project team members anticipated
to be used on this project by CONSULTANT. CONSULTANT shall include a description
of the scope of work to be done by each subconsultant and each CONSULTANT's
project team member. CONSULTANT shall include the respective compensation
amounts for CONSULTANT and each subconsultant on a per-project-element basis,
broken down as indicated in Section 2 Com ensation).
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 personnel is comprised of
registered engineers and a staff of specialists and draftsmen in each department. The
firm itself is not a registered engineer but represents and agrees that wherever in the
performance of this Agreement requires the services of a registered engineer. Such
services hereunder will be performed under the direct supervision of registered
engineers.
12. AUDIT PROVISIONS
i. 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
Suboonsultants.
ii. 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.
III. 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.
PDSA xJobNo.
Revised 11/18/10 Page 15 of 19
13. LEGAL RELATIONSHIP BETWEEN PARTIES. The legal relationship between the
parties hereto is that of an independent contractor and nothing herein shall be deemed
to make CONSULTANT an employee of the SANITATION DISTRICT.
14. TERMINATION. The SANITATION DISTRICT 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:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue �M,
Fountain Valley, CA 92708-7018
Attention: aContractsAdministratorn
Notice of termination shall be mailed to CONSULTANT at:
((Company))
((ConsultantsName»
«Address»
eCityStateZip»
15. DOCUMENTS AND STUDY MATERIALS. The documents and study materials for this
project shall become the property of the SANITATION DISTRICT upon the termination
or completion of the work. CONSULTANT agrees to furnish to the SANITATION
DISTRICT copies of all memoranda, correspondence, computation and study materials
in its files pertaining to the work described in this Agreement, which is requested in
writing by the SANITATION DISTRICT.
16. COMPLIANCE. CONSULTANT certifies by the execution of this Agreement that it pays
employees not less than the minimum wage as defined by law, and that it does not
discriminate in its employment with regard to race, color, religion, sex or national origin;
that it is in compliance with all federal, state and local directives and executive orders
regarding non-discrimination in employment; and that it agrees to demonstrate positively
and aggressively the principle of equal opportunity in employment.
17. CONTRACT 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 contracts for that party.
18. DISPUTE RESOLUTION. In the event of a dispute arising between the parties
regarding performance or interpretation of this Agreement, the dispute shall be resolved
by binding arbitration under the auspices of the Judicial Arbitration and Mediation
Service ("JAMS'), or similar organization or entity conducting alternate dispute resolution
services.
PDSA aJobNo.
Revised 11/18/10 Page 16 of 19
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS. If any action at
law or inequity or if any proceeding in the form of an Alternative Dispute Resolution
(ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs and necessary disbursements
in addition to any other relief to which he may be entitled.
20. PROGRESS REPORTS. Monthly progress reports shall be submitted for review by the
tenth day of the following month and must include as a minimum: 1)current activities, 2)
future activities, 3) potential items that are not included in the Scope of Work, 4)
concerns and possible delays, 5) percentage of completion, and 6) budget status.
21. WARRANTY. CONSULTANT shall perform its services in accordance with generally
accepted industry and professional standards. If, within the 12-month period following
completion of its services, the SANITATION DISTRICT informs CONSULTANT that any
part of the services fails to meet those standards, CONSULTANT shall, within the time
prescribed by the SANITATION DISTRICT, take all such actions as are necessary to
correct or complete the noted deficiency(ies).
22. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall
indemnify, defend (at CONSULTANT'S sole cost and expense and with legal counsel
approved by the SANITATION DISTRICT, which approval shall not be unreasonably
withheld), protect and hold harmless the SANITATION DISTRICT and all of
SANITATION DISTRICT'S officers, directors, employees, CONSULTANT'S, and agents
(collectively the"Indemnified Parties"), from and against any and all claims, damages,
liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties,
costs and expenses (including, without limitation, attorneys' fees, disbursements and
court costs, and all other professional, expert or CONSULTANT'S fees and costs and
the SANITATION DISTRICT'S general and administrative expenses; individually, a
"Claim"; collectively, "Claims')which may arise from or are in any manner related,
directly or indirectly, to any work performed, or any operations, activities, or services
provided by CONSULTANT in carrying out its obligations under this Agreement to the
extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its
principals, officers, agents, employees, CONSULTANT'S suppliers, CONSULTANT,
subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A)the active negligence or willful misconduct of the Indemnified Parties; or
(B)a natural disaster or other act of God, such as an earthquake; or
(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.
PDSA xJobNo.
Revised 11/18/10 Page 17 of 19
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.
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.
PDSA xJobNoa
Revised 11/18/10 Page 18 of 19
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT
as of the day and year first above written.
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois (Approved as to Form) Date
Contracts, Purchasing and Materials
Management Division Manager
By
Chair, Board of Directors Date
By
Clerk of the Board Date
aCompanya
Date
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments:
XXX:xx
EDMS:
PDSA xJobNoa
Revised 11/18/10 Page 19 of 19
ATTACHMENT "H"
SAMPLE PCSA AGREEMENT
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the_day of
«Month», «Years by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter
referred to as "SANITATION DISTRICT', and aConsultantCompanyi, 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 aProjeotTitle», aProjeotNos; 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 aBoardMeetingDate» the Board of Directors, by
Minute Order, accepted the recommendation of the aOperationsCommittee» 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 aJobNog
Revised 11/17/10 Page 1 of 18
C. In the event that work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CADD drawings, figures, and other work shall be produced by
CONSULTANTS and Subconsultants using the SANITATION DISTRICT
standard software. Conversion of CADD work from any other non-standard
CADD format to the SANITATION DISTRICT format shall not be acceptable in
lieu of this requirement.
Electronic files shall be subject to an acceptance period of«Number_Of Day»
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.
Except for Subconsultants covered by Section 2 (a) neither the documents nor
their contents shall be released to any third party without the prior written consent
of the SANITATION DISTRICT.
2. COMPENSATION. Total compensation shall be paid to CONSULTANT for services in
accordance with the following provisions:
A. Total Compensation.
Total compensation shall be in an amount not to exceed
iGrandTotalDesignServicesDollar_WrittenAmount» Dollars
($eGrandTotalDesignServicesDollar»). 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 herein,
broken down as follows:
PCSA eJobNog
Revised 11/17/10 Page 2 of 18
CONSULTANT SERVICES INCLUDING:
CONSULTANT: «Consultant Name»
Raw Labor $ eRawLaborpollam
Fringe Rate
aFringeRatePcntn % $ aFrinceRateDollam
(%x Raw Labor)
Burdened labor $ ((BurdenLaborpollan)
(Raw Labor+Fringe Rate)
Overhead
aOverheadPcnte % $ «OverheadDollaru
(%x Burden Labor)
Subtotal $ aLaborpollan)
(Burden Labor+Overhead)
Profit eProfitPcnb % $ ((ProfitDollam
(%x Subtotal)
Total Direct Costs, not to exceed $ ((DirectCostsDollam
TOTAL—CONSULTANT Consulting Services, not to exceed $ aConsultantTotalDollam
Subconsultant"A": aSubA—Name» XX
Raw Labor $ aSubARawLaborpollaor
Fringe Rate
aSubAFringeRatePcn5 % $ «SubAFrinoeRateDollara
(%x Raw Labor)
Burdened labor $ aSubABurdenLaborpollam
(Raw Labor+ Fringe Rate)
Overhead
�SubAOverheadPcnb( % $ aSubAOverheadDollar»
(%x Burden Labor)
Subtotal $eSubALaborpollam
(Burden Labor+Overhead)
Profit aSubAProfitPcnt» % $ (SubAProfitDollara
(%x Subtotal)
Total Direct Costs, not to exceed $aSubADireclCosts»
TOTAL—Subconsultant"A"Consulting Services, not to exceed $aSubATotalDollar»
PCSA aJobNos
Revised 11/17/10 Page 3 of 18
Subconsultant"B": aSubB Name»
Raw Labor $ eSubBRawLaborpollan)
Fringe Rate
aSubBFringeRatePcnta % $ aSubBFringeRateDollara
(%x Raw Labor)
Burdened labor $ aSubBBurdenLaborpollara
(Raw Labor+Fringe Rate)
Overhead
aSubBOverheadPcnta % $ aSubBOverheadDollar»
(%x Burden Labor)
Subtotal $eSubBLaborpollar»
(Burden Labor+Overhead)
Profit eSubBProftPcri % $ aSubBProfitDollara
(%x Subtotal)
Total Direct Costs, not to exceed $ «SubBDirectCosts»
TOTAL—Subconsultant"B"Consulting Services, not to exceed $«SubBTotalDollara
Subconsultant"C": eSubC Names
Raw Labor $ aSubCRawLaborpollar»
Fringe Rate
aSubCFringeRatePcnt» % $ aSubCFringeRateDollara
(%x Raw Labor)
Burdened labor $ eSubCBurdenLaborpollar»
(Raw Labor+ Fringe Rate)
Overhead
aSubCOverheadPcnta % $ aSubCOverheadDollar»
(%x Burden Labor)
Subtotal $ «SubCLaborpollar»
(Burden Labor+Overhead)
Profit eSubCProftPcnta % $ aSubCProfitDollara
(%x Subtotal)
Total Direct Costs, not to exceed $oSubCDirectCosts»
TOTAL—Subconsultant"C"Consulting Services, not to exceed $eSubCTotalDollar»
PCSA eJobNoa
Revised 11/17/10 Page 4 of 18
Subconsultants under$100,000:
Subconsultant 1 $ aSubl TotalDollar»
Subconsultant 2 $ «Sub2TOtalD011ar>>
Subconsultant 3 $ aSub3TotalDollar»
Subconsultant 4 $ «Sub4TOtalD011ar.
Subconsultant 5 $ «Sub5TotalDollam
TOTAL- Subconsultants under$100,000 $ eSubsUnder100,000TotalDollaw
GRAND TOTAL for Consultant Services, not to exceed $ «GrandTotalDesianServicesDollaru
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Suboonsultant total compensation in accordance with Subconsultant services
above.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant, total compensation on an hourly-rate
basis per attached schedule. The SANITATION DISTRICT shall pay to
CONSULTANT the actual costs of Subconsultant fees and charges, in an
amount not to exceed «SubsUnderl OO,000TotalDollar_WrittenAmount» Dollars
($aSu bsU nder100,OOOTotal Dol la r»).
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.
B. Labor. As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits) actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. 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 Section 5,
Payment, of this Agreement. CONSULTANT shall warrant and certify the
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accuracy of these costs and understand that submitted costs are subject to
Section 12 Audit Provisions.
D. 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 eOverheadPcnta % of burdened labor paid by CONSULTANT
pursuant to Compensation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant"A"for overhead
at a rate equal to <<SubAOvefheadPcnt» % of burdened labor as shown in
Compensation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant'B"for overhead
at a rate equal to <<SubBOverheadPcntn % of burdened labor as in
Compensation Section hereof.
The SANITATION DISTRICT shall compensate Subconsultant"C'for overhead
at a rate equal to eSubCOverheadPcntn % of burdened labor as in
Compensation Section hereof.
E. Profit. As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay a profit of«ProfitDollar_WrittenAmounte
Dollars (WrofitDollam) for all services rendered by CONSULTANT for this
project.
The SANITATION DISTRICT shall pay a profit of
kSubAProfitDollar_WrittenAmount» Dollars ($«SubAProfitDollar»)for all services
rendered by Subconsultant A for this project.
The SANITATION DISTRICT shall pay a profit of
<<SubBProftDollar_WrittenAmount» Dollars ($eSubBProfitDollar»)for all services
rendered by Subconsultant B for this project.
The SANITATION DISTRICT shall pay a profit of
«SubCProfitDollar_WrittenAmount» Dollars ($eSubCProfitDollarD)for all services
rendered by Subconsultant C for this project.
F. Subconsultants. For any Subconsultant whose fees are greater than or equal to
$100,000, CONSULTANT shall pay to subconsultant total compensation in
accordance with —. For any subconsultant whose fees are less than
$100,000, CONSULTANT may pay to subconsultant, total compensation on an
hourly-rate basis per attached Schedule. The SANITATION DISTRICT shall pay
to CONSULTANT the actual costs of subconsultant fees and char es in an
amount not to exceed <<SubsUnder1O0,00OTotalDollar_Wri Dollars
($«SubsUnder100 OOOTotalDollar»).
G. Direct Costs. The SANITATION DISTRICT shall pay to CONSULTANT the
actual costs of permits and associated fees, travel and licenses for an amount
not to exceed eDirectCostsDollar_WrittenAmount» Dollars
($«DirectCostsDollar»). The SANITATION DISTRICT shall also pay to
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CONSULTANT actual costs for equipment rentals, leases or purchases with prior
approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall
provide to the SANITATION DISTRICT receipts and other documentary records
to support CONSULTANT's request for reimbursement of these amounts. All
incidental expenses shall be included in overhead pursuant to Compensation
Section above. (See Attachment"B").
The SANITATION DISTRICT shall pay to Subconsultant A the actual direct costs
for an amount not to exceed «SubADirectCosts_WrittenAmount» Dollars
($ASu bADi rectCostsg).
The SANITATION DISTRICT shall pay to Subconsultant B the actual direct costs
for an amount not to exceed eSubBDIrectCostS WrlttenAmount» Dollars
($a Su bBDi rectCosts»).
The SANITATION DISTRICT shall pay to Subconsultant C the actual direct costs
for an amount not to exceed «SubCDirectCosts_WrittenAmount» Dollars
($fi&W, )ireMRQWJ),
3. REALLOCATION OF TOTAL COMPENSATION. The SANITATION DISTRICT, by its
Director of Engineering, shall have the right to approve a reallocation of the incremental
amounts constituting the total compensation, provided that the total compensation is not
increased.
4. When the SANITATION DISTRICT determines that all Work authorized under the
Contract is fully complete and that the SANITATION DISTRICT requires no further work
from CONSULTANT, or the Contract is otherwise terminated or expires in accordance
with the terms of the Contract, the SANITATION DISTRICT shall give the Consultant
written notice that the Contract will be closed out. CONSULTANT shall submit all
outstanding billings, Work submittals, deliverables, reports or similarly related
documents as required under the Contract within thirty (30)days of receipt of notice of
Contract closeout.
Upon receipt of CONSULTANT'S submittals,the SANITATION DISTRICT shall commence
a closeout audit of the Contract and will either:
i. Give the CONSULTANT a final Contract 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 Project Closeout efforts identified in Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Contract 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
PCSA eJobNo.
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all those provisions of the Contract which expressly or by their nature extend beyond
and survive final Contract Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT'S request for final Contract 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 Contract
Acceptance.
5. PAYMENT
A. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Compensation Section 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.
B. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Compensation Section above. Said
profit payment request shall be proportionate to the work actually accomplished
to date on a per-project-element basis. In the event the SANITATION
DISTRICT's Director of Engineering determines that no satisfactory progress has
been made since the prior payment, or in the event of a delay in the work
progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
C. 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.
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D. 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.
E. 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; ore) 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
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.
7. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS—CONSULTANT PERFORMANCE
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
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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.
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
Department and may be considered in future CONSULTANT selection
processes.
8. INSURANCE NIF
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class VIII, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will
accept State Compensation Insurance Fund, for the required policy of
Worker's Compensation Insurance subject to the SANITATION
DISTRICT's option to require a change in insurer in the event the State
Fund financial rating is decreased below"B". Further, the SANITATION
DISTRICT will require 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 contract, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage:
«PerOccurrenceDollar_WrittenAmount» Dollars S$ PerOccurrenceDollar») per
occurrence with aAggregateDollar_WrittenAmount» Dollars
($AAggregateDollar))) aggregate. Said insurance shall include coverage for the
following hazards: Premises-Operations, blanket contractual liability (for this
Agreement), products liability/completed operations (including any product
manufactured or assembled), broad form property damage, blanket contractual
liability, independent contractors liability, personal and advertising injury, mobile
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equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and
Underground) must be included in the General Liability policy and coverage must
be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and automotive liability insurance required,
as set forth herein, shall be provided for through either a single policy of primary
insurance or a combination of policies of primary and umbrella excess coverage.
Umbrella excess liability coverage shall be issued with limits of liability which,
when combined with the primary insurance, will equal the minimum limits for
general liability and automotive liability.
D. AutomotiveNehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of eCoverageDollar_WrittenAmount» Dollars
($eCoverageDollaro) or alternatively, ePerPersonD011ar_WrittenAmount» Dollars
($ePerPersonDollar») per person for bodily injury and
gPerAccidentDollar_WrittenAmount» Dollars ($ePerAccidentDollam) 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
kCompensationDollar_WrittenAmount» Dollars ($aCompensationDollar») per
occurrence. Such Worker's Compensation Insurance shall be endorsed to
provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A
statement on an insurance certificate will not be accepted in lieu of the actual
endorsements unless the insurance carrier is State of California Insurance Fund
and the identifier"SCIF" and endorsement numbers 2570 and 2065 are
referenced on the certificate of insurance.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than
eErrorsOmissionDollar WrittenAmountaI Dollars ($aErrorsOmissionDollam)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
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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 anew 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. 141
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25-5(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.
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• 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
Management, Div. 230, and shall be received by the SANITATION DISTRICT not
less than thirty (30) days prior to the effective date of the change(s) if the change
would reduce coverage or increase deductibles or SIR amounts or otherwise
reduce or limit the scope of insurance coverage provided to the SANITATION
DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds' clause.
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.
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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.
9. 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.
10. PROJECT TEAM AND SUBCONSULTANTS. CONSULTANT shall provide to
SANITATION DISTRICT, prior to execution of this Agreement, the names and full
description of all subconsultants and CONSULTANT's project team members anticipated
to be used on this project by CONSULTANT. CONSULTANT shall include a description
of the scope of work to be done by each subconsultant and each CONSULTANT's
project team member. CONSULTANT shall include the respective compensation
amounts for CONSULTANT and each subconsultant on a per-project-element basis,
broken down as indicated in Section 2 (Compensation).
There shall be no substitution of the listed subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
11. ENGINEERING REGISTRATION. The CONSULTANT personnel is comprised of
registered engineers and a staff of specialists and draftsmen in each department. The
firm itself is not a registered engineer but represents and agrees that wherever in the
performance of this Agreement requires the services of a registered engineer. Such
services hereunder will be performed under the direct supervision of registered
engineers.
12. AUDIT PROVISIONS
I. 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.
ii. 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
PCSA eJobNo.
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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.
iii. 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 make CONSULTANT an employee of the SANITATION DISTRICT.
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 at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: eContractsAdministratorn
Notice of termination shall be mailed to CONSULTANT at:
((Company))
((ConsultantsName»
((Address»
((CityStateZip»
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.
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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. CONTRACT 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 contracts for that party.
18. DISPUTE RESOLUTION. In the event of a dispute arising between the parties
regarding performance or interpretation of this Agreement, the dispute shall be resolved
by binding arbitration under the auspices of the Judicial Arbitration and Mediation
Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution
services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS. If any action at
law or inequity or if any proceeding in the form of an Alternative Dispute Resolution
(ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs and necessary disbursements
in addition to any other relief to which he may be entitled.
20. PROGRESS REPORTS. Monthly progress reports shall be submitted for review by the
tenth day of the following month and must include as a minimum: 1)current activities, 2)
future activities, 3) potential items that are not included in the Scope of Work, 4)
concerns and possible delays, 5) percentage of completion, and 6) budget status.
21. WARRANTY. CONSULTANT shall perform its services in accordance with generally
accepted industry and professional standards. If, within the 12-month period following
completion of its services, the SANITATION DISTRICT informs CONSULTANT that any
part of the services fails to meet those standards, CONSULTANT shall, within the time
prescribed by the SANITATION DISTRICT, take all such actions as are necessary to
correct or complete the noted deficiency(ies).
22. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall
indemnify, defend (at CONSULTANT'S sole cost and expense and with legal counsel
approved by the SANITATION DISTRICT, which approval shall not be unreasonably
withheld), protect and hold harmless the SANITATION DISTRICT and all of
SANITATION DISTRICT'S officers, directors, employees, CONSULTANT'S, and agents
(collectively the"Indemnified Parties"), from and against any and all claims, damages,
liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties,
costs and expenses (including, without limitation, attorneys' fees, disbursements and
court costs, and all other professional, expert or CONSULTANT'S fees and costs and
the SANITATION DISTRICT'S general and administrative expenses; individually, a
"Claim"; collectively, "Claims")which may arise from or are in any manner related,
directly or indirectly, to any work performed, or any operations, activities, or services
provided by CONSULTANT in carrying out its obligations under this Agreement to the
extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its
principals, officers, agents, employees, CONSULTANT'S suppliers, CONSULTANT,
PCSA .JobNo.
Revised 11/17/10 Page 16 of 18
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 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. 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 eJobNo.
Revised 11/17/10 Page 17 of 18
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT
as of the day and year first above written.
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois (Approved as to Form) Date
Contracts, Purchasing and Materials
Management Division Manager
By
Chair, Board of Directors Date
By
Clerk of the Board Date
aCompanya
Date
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments:
XXX:xx
EDMS:
PCSA eJobNoa
Revised 11/17/10 Page 18 of 18
OPERATIONS COMMITTEE Meeting Date TOBd 011Dlr.
1VO5112 12/19/12
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Arhontes, Director of Facility Support Services
SUBJECT: PROPERTY LEASE IN BREA FOR CHEMICAL DOSING STATION
GENERAL MANAGER'S RECOMMENDATION
A. Receive and file Addendum to the Final Effluent Pump Station Annex and
Collection System Odor and Corrosion Control Program Supplemental
Environmental Impact Report (SEIR) for project modifications to the Collection
System Odor and Corrosion Control Program; and,
B. Approve an amendment to the existing lease, a two year (24-month) real
property lease and subterranean license agreement, with Brea Imperial Inc. and
RV Storage Depot Brea to allow mobilization of chemical dosing equipment and
injection of chemicals at 1225 West Imperial Highway in Brea for an amount of
$2,575 per month for 2013 and an amount of $2,652.25 per month for 2014, in a
form approved by General Counsel, with an option to extend for up to two
additional years with up to a three percent price escalation per year beginning
December 31, 2012 and ending December 31, 2014.
SUMMARY
Orange County Sanitation District (OCSD) currently doses chemicals in its collection
facilities at seven locations to control odors and corrosion as well as to reduce the level
of odors at the treatment plants in accordance with our sewage conditioning program.
This site location in Brea, where we have been testing, is an addition to the existing
seven locations. It allows for ongoing treatment in the Knott Interceptor that runs
through the cites of Buena Park, La Habra, La Palma, Anaheim, Stanton, Cypress,
Garden Grove, and Westminster. This private property dosing site location provides the
benefit of secure access with a guarded gate, with surveillance camera and a code-key
entry providing 24 hours access into the storage depot.
OCSD will pay a monthly rental and license fee. The annual lease will have a cost of
living adjustment of 3%. With a 3% annual increase, the rent for the period January
through December 2013 will be $2,575 per month ($30,900/year). For 2014 with a 3%
increase, the total monthly rent will be $2,652.25 ($31,827/year). The two-year lease
was the minimum requirement that the property owner would consider to extend the
current lease agreement.
Staff has investigated this type of rental by other wastewater agencies and found the
rates to be similar. In addition, during this two-year lease, staff will investigate other
Page 1 of 3
viable options for dosing stations at lower costs. This will include working with our
contacts at OCSD member cities and agencies.
The specific project odor and corrosion control sites were not identified in the Final
SEIR. The site was evaluated based on the criteria is the SEIR and it was determined
that the project site meets the conditions of the SEIR. An Addemdum to the SEIR was
prepared documenting the analysis and findings.
PRIOR COMMITTEE/BOARD ACTIONS
Dec 2010 — The Board approved a lease and subterranean license agreement with an
option to extend, with Brea Imperial Inc. and RV Storage Depot Brea.
ADDITIONAL INFORMATION
An informational presentation was given at the December 2011 Operations Committee
Meeting providing a status on the effectiveness of chemical dosing at this location.
A subterranean lease is required to utilize the underground sewer pipes within the Brea
RV site to convey the chemical into OCSD's trunkline.
Staff identified that this location was the best current location for dose chemicals for
sewage conditioning because the location is zoned industrial and commercial; and it is
secured from public access.
The Brea Testing Study Report (2011) recommended the phase 2 study to optimize the
treatment program to include the upper and lower Knott Trunk Sewer System.
CEQA
Staff prepared an Addendum to the Final Effluent Pump Station Annex and Collection
System Odor and Corrosion Control Program Supplemental Environmental Impact
Report SCH #1997101065, certified in November 2002 to properly address the Brea RV
Park dosing station.
BUDGET/ DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted in line item 130 for this purpose. Project
contingency funds will not be used for this.
ATTACHMENTS
The following attachments are included in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.coml with the compile agenda package and attachments:
( Site Layout drawing
( Real Property Lease and Subterranean License Agreement.
Page 2 of 3
Site Layout: Brea RV Chemical Dosing Station
A B G D I E F I G H I I J K L I M I N
1 1
NLL MNOB.
2 'p� MT M 2
N CON1110L
3 °M 3
'6 ElecTwcAL.ArEL
4 Po 9 4
E%I6r0a M WATER BOUNCE 5
eUMM STAMC 4E) n
5 i naewe� 5
S �.. E=
8 a: i w•wcooaeuw 6
g � 9
ea6'rrw rcnce
10 10
r+M,•.z
11 In11
12 12
13 EXISTING RV STORAGE 13
14 14
15 15
16 16
17 (Building Front) 17
A B C D E F I G I H I 1 J K L M N
BU&Ne98 NAYC RV Storage Depot DAn 6/4/10
AOONe86 an ar
1225 W. Imperial Hwy Brea, CA 92821
Page 3 of 3
ADDENDUM NO.1 TO THE
ORANGE COUNTY SANITATION DISTRICT'S
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE
FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR&
CORROSION CONTROL PROGRAM
STATE CLEARINGHOUSE NO.: 1997101065
LEAD AGENCY: Orange County Sanitation District
DATE: December 5, 2012
PURPOSE OF ADDENDUM:
In November 2002,the Orange County Sanitation District(OCSD) Board of Directors certified the Final
Supplemental Environmental Impact Report(SEIR)for the Final Effluent Pump Station Annex and
Collection System Odor&Corrosion Control Program(SCH No. 1997101065).The SEIR analyzed the
environmental impacts of numerous existing continuous feed systems throughout the service area that
were part of a pilot program.
This addendum, prepared in accordance with the California Environmental Quality Act(CEQA) (Public
Resources Code Section 21000 et seq.)and its implementing Guidelines(California Code of Regulations
Title 14,Chapter 3,Section 15000 et seq.),addresses the addition of a continuous feed chemical dosing
station as described in the SEIR.OCSD's Board of Directors will consider this addendum in conjunction
with the lease agreement for the property discussed.
PROJECT DESCRIPTION:
OCSD's collection system generates odorous gases, primarily hydrogen sulfide,which can be released
into the air creating a nuisance to surrounding land uses.To reduce the nuisance,OCSD conducts an
odor and corrosion control program for the collection system that currently consists of applying
chemicals in the upper reaches of the trunk sewer collection system.The application of the various
chemicals is applied intermittently to minimize the hydrogen sulfide production as the wastewater is
conveyed from the collection system to OCSD's treatment plants.
As part of the initial pilot program, OCSD conducted research to determine the effectiveness of treating
upstream of the Knott Trunk System.The selected location was at the Brea RV Storage Depot on
Imperial Highwayjust west of Puente Street in the City of Brea.
Page 1 of 4
Two above-ground 12-foot storage tanks were installed to initiate dosing and evaluate the effects
downstream and at the treatment plants.The tanks are on the west side of the property directly
adjacent to a storage building. The tanks are over 200 feet from the street and obstructed from public
view by mature landscaping and RV's parked in the area.The nearest neighbor is Independent Electric
which is at an approximate distance of 75 feet.
Recommendations from the Phase 1 Research Study included on-going dosing at this location,and
additional testing to better understand benefits in the lower portion of the trunk.This location in Brea
allows for treatment to minimize odors in Upper and Lower Knott Trunk Sewer;which include Buena
Park, La Habra, La Palma,Anaheim,Stanton,Cypress,Garden Grove,and Westminster with the potential
to reduce chemical treatment on the Lower-Knott Trunk Sewer. The chemicals that may possibly be
used at this site include, but are not limited to:
( Ferrous chloride
( Ferric chloride
( Ferrous sulfate
( Ferric sulfate
( Sodium hydroxide
Nitrates
( Magnesium hydroxide
ENVIRONMENTAL IMPACT ANALYSIS:
Chemical dosing stations are described in Section 2.2 of the SEIR. Environmental impacts associated with
the new station are evaluated in Chapter 3 of the SEIR.The SEIR does not include details about this
specific station, as at the time of certification of the SEIR,a location had not been identified or secured.
This addendum describes and evaluates the environmental impacts of the Brea RV Storage Depot
chemical feed station.
Provided below is a review of the conclusions included in the SEIR and an evaluation of the
environmental impacts as they pertain to this specific location.
Aesthetics:
The SEIR concluded that the storage tanks could be visible from adjacent land uses.As such,the tanks
should be installed within city yards, pump stations or private industrial yards and any additional tank
should be installed in a utility yard.
The Brea RV Storage Depot meets the criteria set forth in the SEIR.The tanks are installed out of public
view,set over 200 feet from the street and painted in colors that complement the existing buildings.
Although the tanks are visible from adjacent industrial neighbors,they do not alter or degrade the
existing visual character of the site and surroundings.
Page 2 of 4
The tanks do not result in new significant environmental effects or a substantial increase in the severity
of significant effects related to aesthetic from those determined in the SEIR.
Air Quality:
The SEIR concluded that the operation of the continuous feed stations would not have a significant
impact to air quality.There is approximately two to three truck deliveries a week,the emissions are not
significant. In addition,the chemical dosing would reduce objectionable odors generated by the
collection system which results in a beneficial impact.
Geology and Soils:
The SEIR concluded that the aboveground storage tanks could potentially be located in close proximity
to fault splays.As such,tank specifications include a second containment to provide added protection
from seismic hazards.The chemical storage tanks are designed to withstand ground shaking and avoid a
potential spill during a seismic event.Therefore,the impacts remain less than significant.
Hazards and Hazardous Materials:
The SEIR notes that the Odor Control Program project would include the transport,storage and use of
diesel fuel and odor reduction chemicals that could pose a spill or leak hazard. However,when handled
properly the chemicals do not pose a significant health risk to the surrounding land uses.The Sanitation
District has implemented an Integrated Emergency Response Program(IERP)that includes a Spill
Prevention Containment and Countermeasure Plan which includes structural specifications for storage
tanks, monitoring,emergency response procedures, reporting requirements,etc.
The minor changes to this specific project location which do not create a significant impact are the type
of chemicals that may be stored at the site.The SEIR mentions hydrogen peroxide,ferric chloride,
sodium nitrate,calcium nitrate and magnesium hydroxide.These chemicals may be used at the Brea RV
Storage Depot chemical dosing station as well as ferrous chloride,ferrous sulfate,ferric sulfate and
sodium hydroxide.
Ferrous chloride is a greenish yellow liquid with a slight odor of iron/acid. It is non-hazardous and not
flammable.The material is stable when handled properly. It is acidic and corrodes most metals. It can be
absorbed into the body by inhalation, ingestion and is can be irritating to the eyes and skin.
Ferrous sulfate is a blue-green,crystalline or granular solid. It is non-combustible but excessive heat may
decompose the material. Exposure routes are through inhalation, ingestion and skin and/or eye contact.
Ferric sulfate is an odorless yellow-gray solid. It is corrosive to metals.The product is not flammable or
combustible. Exposure routes are through inhalation, ingestion and skin and/or eye contact.
Sodium hydroxide is a clear or slightly gray liquid with no odor.The product is not flammable or
combustible. It is incompatible with water and many metals. Exposure routes are through inhalation,
ingestion and skin and/or eye contact.
Page 3 of 4
These chemicals are used as part of the normal Odor Control Program progress.Various chemical dosing
stations throughout our service area safely use these same chemicals. Strict measures are taken to
ensure instructions listed in the Material Safety Data Sheets are followed and the chemical is used as
intended.
These minor technical changes and additions would not result in new significant environmental effects
or a substantial increase in the severity of significant effects related to hazards and hazardous materials
from those determined in the SEIR.
Hydrology and Water Quality:
The SEIR concluded that chemicals used in the Odor Control Program could impact water quality if a spill
were to occur. However,the implementation of BMP's and spill prevention,countermeasure,and
control measures would reduce the impact to less than significant.
Noise:
The Odor Control Program requires the simple installation of aboveground chemical storage tanks,as
such there is no construction required and therefore no construction associated noise.Approximately
three truck trips a week are required for chemical deliveries.The truck trips would not raise ambient
noise in the area significantly and as such would not be considered a significant noise impact.
Transportation/Traffic:
The chemical deliveries at the Brea RV Storage Depot would occur various times per week.The storage
tanks are located in a private yard that has restricted access.The delivery of the chemical would not
cause traffic, interfere with access or create lane closures,the existing conditions would remain the
same.As such,there is less than significant impact.
FINDINGS FOR APPROVAL FOR ADDENDUM NO. 1 TO THE SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR&
CORROSION CONTROL PROGRAM:
1. Environmental impacts of chemical dosing stations throughout the service area were evaluated
in the SEIR certified by the Sanitation District Board of Directors in November 2002,for the
program.
2. Minor technical changes and identification of location.
3. The project modifications would not result in new significant environmental effects or increase
in the severity of significant effects from those determined by the SEIR certified by the
Sanitation District Board of Directors in 2002.
Page 4 of 4
AMENDMENT NO. 2 TO
REAL PROPERTY LEASE AND SUBTERRANEAN LICENSE AGREEEMENT
THIS AMENDMENT NO. 2 to the Real Property Lease and Subterranean License
Agreement ("Amendment No. 2"), is made and entered into to be effective the 31 sT day of
December, 2012, by and between the ORANGE COUNTY SANITATION DISTRICT,
hereinafter referred to as "OCSD", BREA IMPERIAL INC ("OWNER"), and RV STORAGE
DEPOT BREA ("RVSDB"). For purposes of this Amendment No. 2, OWNER, RVSDB and
OCSD are individually or collectively referred to herein as the "Party" or the "Parties."
WITNESSETH:
WHEREAS, OCSD, OWNER and RVSDB previously entered into and executed the
Real Property Lease and Subterranean License Agreement ("Agreement') dated November
9, 2010, which may be amended or modified by a written agreement executed by both
Parties; and
WHEREAS, with an effective date of December 31, 2011, the Parties entered into
Amendment No. 1 to the Agreement ("Amendment No. 1") to extend the term of the
Agreement; and
WHEREAS, paragraph 5 of the Agreement, as modified by Amendment No. 1,
specifies that the Agreement"shall expire on December 31, 2012, unless extended, in
writing, by the Parties"; and
WHEREAS, the Parties desire to extend the Term of the Agreement for an additional
Amendment No. 2 -1-
8tl43111
year; and
WHEREAS, the Parties now wish to amend the Agreement as set forth herein; and
WHEREAS, the General Manager has accepted the recommendation of the
Engineering Supervisor of Odor& Corrosion Control, and pursuant to the action taken by
OCSD's Board of Directors on December 15, 2010 and OCSD's current Resolution No.
OCSD 07-04, approves this Amendment No. 2 between the Parties.
NOW, THEREFORE, in consideration of the mutual obligations, representations, and
promises contained in the Agreement, the Parties hereby agree as follows:
1. Paragraph 5 of the Agreement, as amended in Amendment No. 1, is hereby
deleted in its entirety and replaced as follows:
.5. Term. This Agreement shall expire on December 31, 2014, unless
extended, in writing, by the Parties"
2. Paragraph 7 of the Agreement is hereby deleted in its entirety and replaced as
follows:
7. OCSD Promise to Pay— Rent. RVSDB will bill OCSD on a monthly
basis for monthly rent in the sum of$1,750.00 (one thousand seven hundred
fifty dollars), commencing on the Effective Date, and OCSD shall pay said
rent within 30 days of OCSD's receipt thereof. On December 3151 of each
year, RVSDB shall be entitled to increase the monthly rent up to three percent
(3%), and bill OCSD accordingly.
3. Paragraph 8 of the Agreement is hereby deleted in its entirety and replaced as
follows:
..8. OCSD Promise to Pay— License. RVSDB will bill OCSD on a monthly
Amendment No. 2 -2-
1114£11 1
basis for the License Fee in the sum of$750.00 (seven hundred fifty dollars)
for each monthly period, commencing on the Effective Date, and OCSD shall
pay said License Fee within 30 days of OCSD's receipt thereof, together with
the Rent, as stated herein above. On December 31" of each year, RVSDB
shall be entitled to increase the monthly License Fee up to three percent
(3%), and bill OCSD accordingly."
4. This Amendment No. 2 is supplemental to the Agreement dated November
9, 2010, as modified by Amendment No. 1, and is by reference made a part of said
Agreement. All of the terms, conditions and provisions thereof, unless specifically modified
herein, shall continue in full force and effect.
5. In the event of any conflict or inconsistency between the provisions of this
Amendment No. 2 and any of the provisions of the original Agreement or Amendment No.
1, the provisions of this Amendment No. 2 shall in all respects govern and control.
6. The persons executing this Amendment No. 2 on behalf of the Parties hereto
warrant that (i) such party is duly organized and existing, (ii)they are duly authorized to
execute and deliver this Amendment No. 2 on behalf of said Party, (iii) by so executing this
Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2,
and (iv) the entering into this Amendment No. 2 does not violate any provisions of any other
agreement to which said Party is bound.
[SIGNATURES ON NEXT PAGE]
Amendment No. 2 -3-
1114£11 1
IN WITNESS WHEREOF, the Parties have executed and entered into this
Amendment No. 2 to the Agreement as of the date first written above.
ORANGE COUNTY SANITATION DISTRICT
Dated:
By: APPROVED AS TO FORM:
By: By:
James Ruth Bradley R. Hogin
Its: General Manager Its: General Counsel
BREA IMPERIAL INC
Dated:
By:
John Saunders
Its: President
RVSDB
Dated:
By:
Scott Ramser
Its: Manager
Amendment No. 2 4-
8W5I IJ
OPERATIONS COMMITTEE meeting Date TOBd.of Dir.
12/05/12 12/19/12
AGENDA REPORT Item Item Number
6
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
Fleet Services Manager: Chuck Forman
SUBJECT: COOPERATIVE PROCUREMENT WITH CREATIVE BUS SALES
GENERAL MANAGER'S RECOMMENDATION
A. Authorize the purchase of a new tour bus from Creative Bus Sales, for a total not
to exceed $119,991, in accordance with Resolution No. OCSD 07-04, Section
3.08: Cooperative Procurement; and
B. Approve a contingency of $12,000 (10%).
SUMMARY
Staff recommends the purchase of a new tour bus to replace our existing 24-year old
tour bus. The recommended new tour bus is a 2012 Ford F-550 El Dorado Aero Elite
30-passenger which converts to a 24-passenger with space for two wheelchairs. The
new tour bus has all the necessary equipment for handicapped accessibility and is fully
compliant with the Americans with Disabilities Act (ADA). The new tour bus will be
fueled by Compressed Natural Gas (CNG). Staff will be able to refuel the bus using
OCSD's onsite CNG fuel stations thereby eliminating the need for offsite refueling trips.
Using a CNG fuel system also provides the added benefits of reducing air emissions,
exemption from smog tests, and reduction of maintenance costs.
This purchase is in accordance with a State of California Leveraged Procurement
Agreement (LPA) through the Cooperative Agreements/Western States Contracting
Alliance (WSCA) contract with Creative Bus Sales that OCSD is approved to use. The
cost includes California state sales tax, DMV registration, and related fees. The bus is
similar to those used daily by transit agencies statewide. This also helps us to minimize
procurement costs as compared to developing a customized specification.
The new bus will be equipped with a wireless microphone, an interior/exterior PA
system, and a 26" TV monitor to provide viewing of DVDs and PowerPoint
presentations. These features will provide tour guides with the tools necessary to better
communicate both verbally and visually with tour passengers. The new bus also
includes newer safety features like maximum visibility windows, non-skid flooring,
door/aisle/seat handrails, and a backup camera.
Page 1 of 3
PRIOR COMMITTEE/BOARD ACTIONS
None
ADDITIONAL INFORMATION
Our current tour bus is a 25-passenger 1988 Ford E-350 10 cylinder gasoline fueled bus
with no ADA wheelchair access (ADA non-compliant). This bus is over 24-years old
and will require major automotive repairs in the near future, if we were to keep it,
including a new transmission, rear air condition system, and new interior/exterior
upgrades.
The new tour bus is needed to provide weekly tours to the public interested in learning
about OCSD's wastewater treatment plant facilities and services. As part of OCSD's
public education and outreach program, last FY 2011-12 staff conducted 155 tours to
over 2,650 guests and attendance continues to increase every year. Guests range from
local residents, students 6t' grade to college/university, special interest groups, industry
specialists, elected officials, and foreign dignitaries. On occasion, the tour bus is driven
offsite to tour other OCSD and OCWD facilities like pump stations, GWR System
facilities, and watershed management sites.
Staff has applied for grant funding under the Mobile Source Air Pollution Reduction
Review Committee (MSRC) Clean Transportation Funding — Incentives for the
Purchase of "Near-Zero Emission' Medium-Duty and Medium-Heavy Duty Vehicles
PA2012-13 Alternative Fuel Engine Program available to vehicle owners within the
South Coast Air Quality Management District (SCAQMD). The source of MSRC Clean
Transportation FundingTM for projects submitted is motor vehicle registration fees
collected by the California Department of Motor Vehicles (DMV) in accordance with the
California Health and Safety Code. The grant award is contingent on grant funds being
made available and acceptance of our submission. If awarded the grant, OCSD could
realize a potential cost savings of$25,000 to offset the cost of the CNG conversion.
For this purchase, OCSD is utilizing the Western States Contracting Alliance (WSCA)
agreements available to all State of California governmental entities (State agencies,
cities, counties, transit agencies, special districts, school districts, universities, etc.) that
expend public funds for the acquisition of both goods and services. The Contract
Number is 7-12-23-15-05.
The State of California purchases a wide variety of goods and services ranging from
pencils to temporary labor. Annual purchases total almost $10 billion. The
Procurement Division (PD) is the central purchasing authority for all State departments
and local government agencies. With a massive marketplace and billions of dollars in
purchasing power they are able to offer lower procurement cost to California's state,
county, city, transit agencies, special districts, education and other government entities
through their Leveraged Procurement Agreements (LPAs). LPAs allow
entities/agencies to buy directly from suppliers through existing contracts and
agreements. One of the LPAs that the state offers to California governmental agencies
is the Western State Contracting Alliance (WSCA) for Commodities, IT Goods &
Services, and Telecommunication Goods and Services.
Page 2 of 3
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This has been budgeted and approved through the Capital Outlay Revolving
Fund (CORF) (Budget Update Fiscal Year 2012-2013 and 2013-2014 Equipment
Budget; Section 8 - Page 136).
Date of Approval Contract Amount Continaencv
12/19/12 $119,991 $12,000(10%)
ATTACHMENTS
The following attachments are included in hard copy and may be viewed on-line at the OCSD website
(i w .ocsd.coml with the complete agenda package and attachments:
( Creative Bus Sales Proposal for OCSD, October 18, 2012
Page 3 d 3
Creative Bus Sales
Chino • Hayward • Sacramento • Las Vegas • Elkhart
Thursday, October 18, 2012
Proposal For: Orange County Sanitation Department
Attention: Chuck Foreman and Greg Blakeley
New 2012 ElDorado Aero Elite 30 Passenger or 24 Passenger and 2 Wheel Chairs
L � �
DGS Contract No. 7-12-23-15-05
Oranae County Sanitation District
ElDorado National—Aero Elite 320 Ford F-550
(24) Passengers+ (2) Wheelchairs or (30) Passengers
Compressed Natural Gas
PRICE CALCULATION: Class E-32' Ford F-550 $ 77,201.00
Ford F-550—6.8 Liter V-10 Gasoline w/9Bg Gas Fuel Prep—Automatic Transmission - Braun Millenium
Wheelchair Lift - (2) Total ADA Positions - Altro (Non Skid) Flooring — 225 Amp Alternator — White
Exterior
Creative Bus Sales — 800.326.2877 - www.CreativeBusSales.com
Creative Bus Sales
Chino • Hayward • Sacramento • Las Vegas • Elkhart
Options
Add—(1) CARB Certified BAF CNG Conversion (54 GGE) $24,500
Add—(1) Surex 5000& 6000 CNG Fuel Receptacles $500-Bemw coo
Add—(1)Fuel Door with Ignition Shut Off $250-Below Coo
Add—(1) Foldaway Double Seat $975 -Per DGS Contracr No.7-12-23-15-05
Add—(2)Double Flip Seats $1,590-Per DGS Conrmot No.7-12-23-15-05
Add—(1)Mor-Ryde Suspension System $1,975-$1,2oo parts,$496 Labor,$279 markup
Add—(1) 26"LCD Monitor Mounted Above Driver $2,075-1,200 Parts,$558 Labor,$317 Markup
Add—(1) AM/FM/CD/PA System $655-$400 parts$124labor$131 Markup
Add—(1)Wireless PA Microphone $425-$375 pens)
Add—(1)External Speaker for PA System with Switch $215-Bemw coat
Add—(1) Remote Mirrors $985-$633 parts,$186labor,$166 markup
Add—(1) Rear View Mirror Back Up Camera $755-Below coo
Total Options $34,900
Credits
(30)Level 1 Vinyl Seats in Lieu of Level 6 Seats ($600)
(1) OEM Drivers Seat in Lieu of USSC Drivers Seat ($967)
(30) Seat Belts (No Seat Belts Installed) ($1,500)
(1)Hubodometer ($100)
(1) Silicone Heater Hoses ($150)
(1) Spare Wheel and Tire ($650)
Total Credits ($3,967)
Base Price $77,201
Options $34,900
Credits ($3,967)
Document Prep Fee $80.00
Sub Total $108,214
Cal ACT Procurement Fee (1.5%) $1,623.21
DGS Procurement Fee (1.00%) $1,082.14
Sales Tax $7,766
Registration $1,295
CA Tire Fee $10.50
Total Cost Delivered to Fountain Valley,CA $119,990.8s
Creative Bus Sales — 800.326.2877 www.CreativeBusSales.com
40
Creative Bn Sales
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OPERATIONS COMMITTEE MeedngDale TOBd.O(Dlr.
1VO5112 12/19/12
AGENDA REPORTItem Number Item Number
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
Engineering Manager: Mark Esquer, P.E., FSSD
SUBJECT: PLANT 2 DIGESTER "0" LINER REPAIR - JOB NO. FR-2010455BD
GENERAL MANAGER'S RECOMMENDATION
Ratify Change Order No. 3 to Plant 2 Digester "0" Liner Repair Project, Specification
No. FR-2010-45513D, with J.R. Filanc Construction Company (Filanc) authorizing an
addition of$39,873 and 91 days, increasing the total contract amount to $1,142,986 and
extending the contract completion to November 30, 2012.
SUMMARY
This repair project is rehabilitating Digester "0" located at Plant 2, which was placed into
operation in 1972 and is 40 years old. Repair work consists of replacing the existing
poly vinyl chloride (PVC) plastic liner with a new spray-applied polyurethane plastic
liner, sand-blasting and removing damaged concrete, and repairing the associated
process piping. The project was competitively bid per plans and specifications and
awarded to Filanc in July 2010.
The Contractor started the repair work and discovered that the existing reinforced
concrete dome interior was in worse condition than anticipated and indicated on the
project drawings and specifications. The Contractor removed the contract-specified
amount (up to one inch) of unsound concrete in areas located inside the reinforced
concrete dome and continued to find unsound conditions.
Additional surface preparation and repairs were the work elements deemed necessary
and required before the new coating could be applied, and to assure the new lining
would adhere property to a clean and sound surface and not fail prematurely.
Work performed by Change Order No. 3 includes concrete repair and corrosion
prevention to three existing view ports located on the interior of the digester dome, and
conducting a final high pressure wash of the interior walls and dome to remove surface
contaminates.
The Contractor has completed all of the original contract specified work. The
aforementioned out of scope work, due to unknown conditions, has also been
completed by the Contractor as directed by staff through issuance of Field Change
Orders (FCOs). The FCOs were authorized by staff on a time and materials basis with
the Contractor in order to bring Digester"0" back into service as soon as possible. This
Page 1 d 3
approach was taken with the intent to ratify the final change order at the Board Meeting.
This project will be closed upon ratification of Change Order No. 3. No further FCOs will
be issued to the Contractor.
PRIOR COMMITTEE/BOARD ACTIONS
June 2012 —The Board ratified Change Order No. 2 to Plant 2 Digester"0" Liner Repair
Project, Specification No. FR-2010-455131), with J.R. Filanc Construction Company
(Filanc) authorizing an addition of $572,656 and 513 days, increasing the total contract
amount to $1,103,113 and extending the contract completion to August 31, 2012.
July 2010 — The Board rejected the low bid given to Gamma (non-compliance of the
contract requirements) in an amount not to exceed $496,300 for Plant 2 Digester "0"
Liner Repair, Specification No. FR-201045513D. Thereafter, the Board approved a
purchase order agreement with Filanc for a total amount not to exceed $518,000; and
approved a contingency of $77,700 (15%) for Plant 2 Digester "0" Liner Repair,
Specification No. FR-2010-455BD.
June 2010 — The Board approved a purchase order agreement with Gamma Builders,
Inc., for Plant 2 Digester "0" Repair, Specification No. FR-2010455131), for a total
amount not to exceed $496,300; and approved a contingency of$74,445 (15%).
ADDITIONAL INFORMATION
The contract documents were based on a limited amount of condition assessment work.
Additional assessment work could not be conducted on the dome until the damaged
liner was removed. Since a contractor was required to remove the damaged liner, staff
decided to move forward with the limited information as best available at the time.
When the liner was removed additional damage was discovered during the sand-
blasting process.
Placing Digester "0" back in service as soon as possible is urgent because any
additional digesters cannot be taken out of service for cleaning and repair. Digesters 0,
M, and D are currently out of service. The upcoming P2-89 (Solids Thickening and
Process Upgrades) Contractor is planning on taking two more digesters out of service in
spring 2013. Returning Digester "0" to service before CIP Project P2-89 work begins is
needed to maintain adequate sludge processing capacity.
Lessons learned after this work is completed will be compiled, evaluated, and discussed
by a District-wide team; including experienced consultants if needed. Recommended
improvements to corrosion assessment in design, inspection methods during
construction, bid specifications, plans, and schedules will be useful for future digester
repair projects.
CEQA FINDINGS
N/A
Page 2 of 3
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the OCSD's Delegation of Authority. This
repair was originally and will be funded through the Small Capital Equipment
Replacement Project SP-34 (Budget Update Fiscal Year 2011-2012 Page A-12, Item
No. 125). This Small Capital fund is used to pay for capital repairs and/or direct
replacements. The SP-34 budget is adequate to cover these proposed change orders.
Date of Approval Total Contract Amount Contingency
07/28/10 $518,000 $77,700(15%)
06/27/12 $ 1,103,113 <$0>-
Total Contingency $0(0%)
On June 27, 2012, all remaining contingency funds were surrendered and a ratification
process was used for all future contract changes.
ATTACHMENTS
The following attachments are included in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package and attachments:
Change Order No. 3
Page 3 of 3
Page 1 of 3
ORANGE COUNTY SANITATION DISTRICT
10844 ELLIS AVENUE, P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
CHANGE ORDER
Contractor: J.R.Filanc Construction Company, Inc. C.O. No.: Three 3
Date: December 19, 2012
Job: Plant 2 Digester O Liner Repair, Job No. FR-201OBD
Amount of this Change Order(Add) $39,873.00
In accordance with contract provisions,the following changes in the contract and/or contract work are
hereby authorized and as compensation,the following additions to or deductions from the contract price
are hereby approved.
FCO 00010.1 -VIEW PORT REPAIRS
This item is for labor,material,and equipment to remove the existing layer of unsound concrete at the three(3)
existing View Ports located on the interior of the Diester Dome using power tool cleaning(SSPC-SP3)or
abrasive blasting to near white metal(SSPC-SP10). The Contractor was also required to apply a corrossion
inhibitor(Armatec 110 EpoCem,or approved equal)to substrate and exterior steel frame,followed by application
of Sika 123-Plus(or approved equal)per manufacturers recommendations.During the the NACE III Inspection,
conducted on May 14,2012, it was discovered that unsound concrete was present at three View Port locations
using hammertapping(SSPC-SP13). In an effort to prevent future liner failure in these locations,OCSD required
application of a corrossion inhibitor on to all exposed metals to prevent/reduce corrosion and repair of the View
Port areas as required prior to the polyurethane coating application.The work associated with this change order
item was accomplished by the Contractor's force account in accordance with Field Change Order 0010.1.
ADDED COST THIS CHANGE ORDER ITEM: $9,875.00
TIME EXTENSION THIS CHANGE ORDER ITEM: 30 Calendar Days
FCO 00011.1 -HIGH PRESSURE WASHING OF DIGESTER
This item is for labor,material,and equipment to conduct a final high pressure wash(minimum 5,000 psi)of the
interior of the Digester"O"dome and walls. The Contractor's coating sub-contractor(National Coating&Lining
Company)and the Coating manufacturer(Lifelast)determined that the entire surface of the interior of the
Digester to receive coating be pressure washed to remove surface contaminates. OCSD considered this to be out
of scope work(additional surface preperation)required of the Contractor as a result of additional abrasive
blasting work conducted per Field Change Order#2.1. This item removes the surface contamination required and
necessary drying of the concrete to provide a proper bonding surface. The work associated with this change order
item was accomplished by the Contractor's force account in accordance with Field Change Order 0011.1.
ADDED COST THIS CHANGE ORDER ITEM: $29,998.00
TIME EXTENSION THIS CHANGE ORDER ITEM: 61 Calendar Days
Page 2 of 3
ORANGE COUNTY SANITATION DISTRICT
10844 ELLIS AVENUE, P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
CHANGE ORDER
Contractor: J.R.Filanc Construction Company, Inc. C.O. No.: Three 3
Date: December 19, 2012
Job: Plant 2 Digester O Liner Repair, Job No. FR-201 OBD
TOTAL ADDED COSTS THIS CHANGE ORDER: $39,873.00
TOTAL TIME EXTENSION THIS CHANGE ORDER: 91 Calendar Days
The additional work contained within this change order was performed incidental to the prime work and within
the time allotted for the original contract and any extensions to the contract time made by this and all previously
issued change orders.The Sanitation District and Contractor agreed that the added costs described above
constitutes full and equitable consideration for all the impacts occurred by the Contractor,and no other direct or
indirect,incidental or consequential costs, expenses,losses,or damages have been or will be incurred by
Contractor,except as expressly granted and approved by this change order.
SUMMARY OF CONTRACT TIME
Original Contract Date: September 8,2010
Original Contract Time: 210 Calendar Days
Original Completion Date: April 6,2011
Time Extension this C.O.: 91 Calendar Days
Total Contract Time Extension: 604 Calendar Days
Revised Contract Time: 905 Calendar Days
Revised Final Completion Due Date: November 30,2012
Projected Completion Due Date: November 30,2012
Time Subject to Liquidated Damages: N/A
Actual Final Completion Date: N/A
Original Contract Price $ 518.000
Prev.Authorized Changes $ 585,113
This Change(Add)(Deduct) $ 39,873
Amended Contract Price $ 1,142 986
Page 3 of 3
ORANGE COUNTY SANITATION DISTRICT
10844 ELLIS AVENUE, P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
CHANGE ORDER
Contractor: J.R.Filanc Construction Company, Inc. C.O. No.: Three 3
Date: December 19, 2012
Job: Plant 2 Digester O Liner Reoair, Job No. FR-201 OBD
Board Authorization Date: December 19,2012
ORANGE COUNTY SANITATION DISTRICT
Recommended by:
Mark Esquer,P.E. Date
Engineering Manager
Approved by:
Nick Arhontes,P.E. Date
Director of Facilities Support Services
Accepted by:
J.R.FILANC CONSTRUCTION COMPANY,INC.
Contractor Date
OPERATIONS COMMITTEE Meeting Date Toad.0111M.
12/05/12 12/19/12
AGENDA REPORT Item Number hem Number
a
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Jim Herberg, Assistant General Manager
Project Manager: Jeff Mohr
SUBJECT: OPERATIONS CENTER ENTRANCE AND BUILDING REPAIRS,
PROJECT NO. J-122
GENERAL MANAGER'S RECOMMENDATION
A. Approve a contingency increase of $32,200 (17%) to the Professional Design
Services Agreement with HH Framer Architecture Inc. for Operations Center
Entrance and Building Repairs, Project No. J-122, for a total contingency of
$60,370 (32%); and,
B. Approve a budget increase of $164,200 for Operations Center Entrance and
Building Repairs, Project No. J-122, for a total budget amount of$2,489,200.
SUMMARY
The Operations Center Entrance and Building Repairs, Project No. J-122, was intended
to correct structural deficiencies in the entrance area. The project is subject to a City of
Huntington Beach building permit because the structure is an occupied building. The
City has indicated that the upstairs restrooms are considered in the service area of the
entrance improvements, and as a result, they must be brought into compliance with
federal and state accessibility requirements.
A study was conducted to determine how to satisfy the requirements and estimate the
construction cost. The study developed a preliminary plan that maintains the existing
number of fixtures and does not impinge on any existing rooms. The preliminary
allowance for the construction cost for the accessibility modifications is $125,000.
Additional budget is requested to cover design and construction costs associated with
the change in the project scope.
PRIOR COMMITTEE/BOARD ACTIONS
November 2011 — Approved a Professional Design Services Agreement with
HH Framer Architects, Inc. to provide architectural and engineering design services for
Operations Center Entrance and Building Repairs, Project No. J-122, for an amount not
to exceed $187,800, and a contingency of$28,170 (15%).
Page 1 of 2
ADDITIONAL INFORMATION
The additional Professional Design Services Agreement contingency is based on the
anticipated cost of the additional design work. The additional project budget includes
allowances for the additional construction cost, the Professional Design Services
Agreement increase, and additional time for staff labor.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted, but the budget is insufficient for the
recommended action and a budget increase is being requested. (Line item: Section 8,
Page 98).
Date of Approval Contract Amount Contingency
11/16/11 $187,800 $28,170(15%)
12/19/12 $32,200(17%
$60,370 (32%)
JM:dm:gc
Page 2 of 2
OPERATIONS COMMITTEE MeedngDale TOBd.OfDir.
1VO5112 12/lg/12
AGENDA REPORT Item Number Item Number
9
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
Engineering Manager: Mark Esquer, P.E., FSSD
SUBJECT: PLANT 1 ROOF REPLACEMENT - JOB NO. FR11-028
PLANT 2 ROOF REPLACEMENT - JOB NO. FR11-027
GENERAL MANAGER'S RECOMMENDATION
A. Award a contract to the lowest responsive and responsible bidder, Danny Letner
DBA Letner Roofing Company, for Plant 1 Roof Replacement Job No. FR11-028
and Plant 2 Roof Replacement Job No. FR11-027, for a total amount not to
exceed $472,500 and,
B. Approve a contingency of$141,750 (30%).
SUMMARY
This project will replace critical plant process building roof coverings and insulation,
which have deteriorated and are at the end of their useful lives. This includes the
Power Building 5, DAF Building, and RAS Building at Reclamation Plant No. 1. The
total square footage for the Plant 1 roofs is 12,500 square feet with an estimated
repair/replacement cost of $300,000. Also included are Distribution Buildings A & B,
Plant Water Pump Station, Power Building C, and Digesters R, and S Pump Room at
Treatment Plant No. 2. The total square footage for the Plant 2 roofs is 16,600 square
feet, for an estimated repair/replacement cost of$425,000.
The Orange County Sanitation District (Sanitation District) advertised for bids on
September 19, 2012, scheduled two job walks with interested contractors and issued
two addendums. Four sealed bids were received on November 6, 2012. The bids were
evaluated in accordance with the Sanitation District's policies and procedures. Danny
Letner DBA Letner Roofing Company was deemed the lowest responsive, responsible
bidder. Staff recommends awarding a construction contract to Danny Letner DBA
Letner Roofing Company for Plant 1 Roof Replacement Job No. FR11-028 and Plant 2
Roof Replacement Job No. FR11-027, for a total amount not to exceed $472,500.
A 30% contingency is being proposed due to unforeseen conditions from damaged steel
decking, plywood, and other substrate required to be replaced during removal of
existing roofs. The estimated duration of these two combined projects is 150 calendar
days.
Page 1 of 3
PRIOR COMMITTEE/BOARD ACTIONS
None
ADDITIONAL INFORMATION
Summary information on the bid opening for Plant 1 Roof Replacement Job No. FR11-
028 and Plant 2 Roof Replacement Job No. FR11-027 is as follows:
Project Budget $ 1,000,000
Construction Contract Budget $ 725,000
Engineer's Estimate FR11-028 $ 300,000
Engineer's Estimate FR11-027 $ 425,000
Lowest Responsive, Responsible Bid $ 472,500
High Bid $ 783,992
Bidder Amount of Bid
Danny Letner DBA Letner Roofing Company $ 472,500
BEST Contracting Services, Inc. $ 663,800
Orian Construction & Roofing $ 691,446
Waterproofing Experts $ 783,992
The existing building roofs are a combination of single ply thermoplastic membrane
roofing and/or modified bituminous layered built-up roofing and will be repaired and
replaced in kind. The repaired roofs will be under warranty for a period of 5 years and
the new roofs will be under warranty for a period of 20 years from the date of
acceptance by the manufacturer.
Based on the age of these roofs (see table below), and assessment reports prepared by
Commercial Roof Management in 2004/2005 and Weatherproofing Technologies Inc. in
May, 2010 regarding roof condition and recommendations, these roofs need to be
replaced. In the future, as a part of our long range Asset Management Program, it is
recommended that four roofs a year be replaced due to the deteriorated condition of the
roof covering, insulation, and leakage into the interior of the buildings during inclement
weather.
Page 2 of 3
Plant 1 Approximate Plant 2 Approximate
Infrastructure Process Constructed Infrastructure Constructed
Buildings Date Process Buildings Date
Power Building 5 1979 12 KV Distribution A 1996
Sludge Recirculation 1978 Plant Water Pump 1970
Pump Station (RAS) Station
Waste Sludge 1978 12 KV Distribution B 1994
Thickeners (DAF) or
DAF Facility & Pump
Room
Power Building "C"* 1987
R & S Digester Pump 1982
Room
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This repair will be funded through the Small Capital Replacement/
Rehabilitation Project - SP-34 (Budget Update Fiscal Year 2012-2013 and 2013-2014
Misc. & Support Projects; Section 8— Page 111). This Small Capital fund is used to pay
for capital repairs and/or direct replacements. The SP-34 budget is adequate to cover
these two projects.
Date of Approval Contract Amount Contingency
12/19/12 $472,500 $141,750(30%)
ATTACHMENTS
The following attachment(s) is included in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package and attachments.,
Draft Service Agreement (7 pages)
JF:am
Page 3 of 3
SERVICE AGREEMENT
Plant 1 and 2 Roof Replacement
Specification No. FR11.027 and FRI1-028
THIS AGREEMENT is made and entered into as of the date fully executed below by and
between Orange County Sanitation District, with a principal place of business at 10844 Ellis
Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and
Company Name with a principal business at address
(hereinafter referred to as"Contractor") collectively referred to as the "Parties".
RECITALS
WHEREAS, OCSD desires to retain the serves of Contra$r for roof replacement at OCSD
plant numbers 1 and 2 ("Services"); and -
WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Purchasing
Resolution No. OCSD07-04; and
WHEREAS, on aF Board of Directors of minute order,
authorized execution of this Agreement be(ween OCSD and Contr
WHEREAS, Contractor is qualified by virtue of experi ce, i ucation and
expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promisbs and mutual benefits exchanged between
the Parties, it is mutually agreed as follows:
1. Introduction W
1.1 This Agreement and all exhibits herett lied the "Agreement") is made by OCSD and
Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as
described in a Scope of Work, attached hereto and incorporated herein by reference as
Exhibit"A". ♦`
1.2 Exhibits to this Ag ement are incorporated by reference and made a part of this
Agreement as though fully set forth at length herein. Exhibits to this Agreement are as follows in
order of precedence:
Exhibit"A" Scope of Work
Exhibit"B"
Exhibit"C"
Exhibit"D"
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement
and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all
respects govern and control.
1.4 The provisions of this Agreement may be amended or waived only by a writing executed
by authorized representatives of both Parties hereto.
1.5 The various headings in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement or any Paragraph or provision hereof.
Orange County Sanitation District 1 of Specification Nos. FR11-027&028
DRAFT CONTRACT DO NOT SUBMIT
1.6 The term "days", when used in the Agreement, shall mean calendar days, unless
otherwise noted as business days.
1.7 The term "hours", when used in this Agreement, shall be as defined in Exhibit
1.8 Contractor shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the price provided under"Compensation" below.
1.9 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by Contractor as a result of work performed in
anticipation of purchases of said services by OCSD.
2. Compensation
Compensation for this project shall not exc d the total unt of and
00/00 Dollars ($ ). i1
3. Payments Payments shall be made upon approval by OCSD Engineer, John
Falkenstein or his designee, of invoices submitted fOr'Work completed as described in Exhibit
"A". OCSD, at its sole discretion, shall be the determining party as to whether the tasks and
deliverables have bee tisfactoril pleted.
4. Invoices
4.1 OCSD I 'n 0 days of completion and rAI'2ip nd app*e by OCSD
Engineer of an it in oice, in a form acceptable to OCSD to enable audit of the charges
thereon. Contract all not pay less than the prevailin wage, if applicable. Invoices shall
include the Purchase Order Number.
4.2 Invoices shall be mailed by Contractor to OCS ministration Office at the following
address: Accounts Payable, Finance Department, Orange County Sanitation District, 10844
Ellis Avenue, Fountain Valley, CA 92708-7018#
5. Audit Rights Contractor agrees that, during the term of this Agreement and for a period
of three (3) years after its termination, OCSD shall have access to and the right to examine any
directly pertinent books, documents, and records of Contractor relating to the invoices submitted
by Contractor pursuant to this Agreement.
6. Scope of Work Subject to the terms of this Agreement, Contractor shall perform the
Services identified in Exhibit "A" and . Contractor shall perform said Services in
accordance with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing and
signed by both Parties.
8. Agreement Term The services provided under this Agreement shall be completed
within 150 days from the date of notice to proceed.
9. Termination
9.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD, (delivered by certified mail,
return receipt requested) of intent to terminate. Upon receipt of a termination notice, Contractor
shall immediately discontinue all work under this Agreement (unless the notice directs
otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed
Orange County Sanitation District 2 of 7 Specification Nos. FR11-027&028
DRAFT CONTRACT DO NOT SUBMIT
(cost and fee) to the date of termination. Contractor expressly waives any claim to receive
anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice
of termination shall terminate this Agreement and release OCSD from any further fee, cost or
claim hereunder by Contractor other than for work performed to the date of termination.
9.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD'S
determination that Contractor is not meeting specification requirements, if the level of service is
inadequate, or any other default of this Agreement.
9.3 OCSD may also immediately cancel for default of this Agreement in whole or in part by
written notice to Contractor:
• if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
• if Contractor sells its business; or
• if Contractor breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this Agreement.
9.4 All OCSD property in the possession or control of Contractor shall be returned t�
Contractor to OCSD upon demand, or at the termination of this Agreement, whichever occu
first. aa
10. Insure ee Contractor and all subcontractors shall purchase and maintain, th�Gghout
the life of this Agreement and any periods of warranty or extensions, insurance in amounts
equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements
(attached hereto and incorporated herein as Exhibit " "). Contractor shall not
commence work under this Agreement until all required insurance is obtained in a form
acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service
pursuant to a subcontract until all insurance required GQj a subcontractor has been obtained.
Failure to maintain required insurance coverage shall result in termination of this Agreement.
11. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify,
defend and hold harmless OCSD against any and all liability, claims, judgments, cost and
demands, including demands arising from injuries or death of persons and damage to property,
arising directly or indirectly out of the negligence or willful misconduct of Contractor, its
employees or agents, in relation to the rendition of services pursuant to this Agreement, except
claims or litigations arising through the sole negligence or willful misconduct of OCSD.
Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney's
fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any
such suits at the cost and expense of Contractor.
12. Warranty
12.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at
date of completion of this Contact.
12.2 Contractor's warranty: If, within the 12-month period following completion of its Services,
OCSD informs Contractor that any part of the Services fails to meet the standards required
under this Agreement, Contractor shall, within the time agreed to by OCSD and Contractor, take
all such actions as are necessary to correct or complete the noted deficiency(ies).
Orange County Sanitation District 3 of 7 Specification Nos. FR11-027&028
DRAFT CONTRACT DO NOT SUBMIT
13. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said
party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force
Majeure condition may be rescheduled by mutual consent or may be eliminated from the
Agreement.
14. Freight(F.O.B. Destination)
Contractor assumes full responsibility for all transportation, transportation scheduling, packing,
handling, insurance, and other services associated with delivery of all products deemed
necessary under this Agreement.
15. Independent Contractor It is agreed that Contractor shall act and be an independent
contractor and not an agent or employe OCS and shall obtain no rights to any benefits
s.which accrue to OCSD'S employee
16. Limitations upon Subcontracting and Assignment Contractor shall not delegate any
duties nor assign any rights under this Agreement without the prior written consent of OCSD.
Any such attempted delegation or assignment shall be void.
17. Licenses, Permits. Ordinances and Regulations Contractor represents and warrants
to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever
nature that are legally required to engage in this work. Any and all fees required by State,
County, City and/or municipal laws, codes and/or tariffs thz4 pertain to work performed under the
terms of this Agreement will be paid by Contractor.
16. Applicable Laws and Regulations Contra r shall comply with all applicable federal,
state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold
harmless from any and all damages and liabilities assessed against OCSD as a result of
Contractor's noncompliance therewith. Any permission required by law to be included herein
shall be deemed included as a part of this Agre�Tent whether or not specifically referenced.
19. Familiarity with Work By executing this Agreement, Contractor warrants that: 1) it has
investigated the work to be performed; 2) it has investigated the site of the work and is aware of
all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work
under this Agreement. Should Contractor discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by OCSD, it shall immediately inform
OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are
received from OCSD.
20. Public Contracts Law OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the locality in which the work is to
be performed for each craft or type of work needed to execute this Contract. Contractor agrees
that not less than said prevailing rates shall be paid to workers employed on this Contract as
required by Labor Code Section 1774 of the State of California.
21. Governing Law This Agreement shall be governed by and interpreted under the laws of
the State of California and the Parties submit to jurisdiction in Orange County, in the event any
action is brought in connection with this Agreement or the performance thereof.
Orange County Sanitation District 4 of Specification Nos. FR11-027&028
DRAFT CONTRACT DO NOT SUBMIT
22. Dispute Resolution
22.1 I_n the event of a dispute as to the construction or interpretation of this Agreement, or any
rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of
the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
22.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure,
Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected,
or in the absence of agreement, each party shall select an itrator, and those two arbitrators
shall select a third. Discovery may be conducted in connel5m with the arbitration proceeding
pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three
arbitrators acting as a board, shall take such evidence and make such investigation as deemed
appropriate and shall render a written decision on tllr>matter in question. The arbitrator shall
decide each and every dispute in accordance with the laws of the State of California. The
arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.+
23. Performance Time is of the essence in the peIrmance of this Agreement and the
provisions hereof. r I
24. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Agreement, shall not be deemed a continuing waiver by such party of any other
provision or of any subsequent breach or violation of this Agreement or default thereunder. Any
breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD'S
rights to seek remedies available to it for any s0equent breach.
25. Remedies In addition to other remedies available in law or equity, if the Contractor fails
to make delivery of the goods or Services or repudiates its obligations under this Agreement, or
if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD
ply (1)cancel the Agreement; (2) recover whatever amount of the purchase price OCSD has
id, and/or (3) "cover' by purchasing, or contracting to purchase, substitute goods or Services
for those due from Contractor. In the event OCSD elects to "cover" as described in (3), OCSD
shall be entitled to recover from Contractor as damages the difference between the cost of the
substitute goods or Services and the contract price, together with any incidental or
consequential damages.
26. Survival The provisions of this Agreement dealing with Payment, Warranty, and Forum
for Enforcement, shall survive termination or expiration of this Agreement.
27. Severability If any section, subsection, or provision of this Agreement, or any
agreement or instrument contemplated hereby, or the application of such section, subsection, or
provision is held invalid, the remainder of this Agreement or instrument in the application of such
section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially
frustrate the expectations of the Parties.
28. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
Orange County Sanitation District 5 of Specification Nos. FR11-027&028
DRAFT CONTRACT DO NOT SUBMIT
29. Third Party Rights Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than OCSD and Contractor.
30. Damage to OCSD'S Properly Any of OCSD'S property damaged by Contractor, any
subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OCSD.
31. Safety and Accident Prevention Contractor shall adhere to the Safety Requirements in
htti)://www.ocsewers.com/safet .
32. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any o er relief to w) he may be entitled.
33. Authority to Execute The persons executing this Agreement on behalf of the Wqies
warrant that they are duly authorized to execute this Agreement and that by exeA this
Agreement, the Parties are formally bound.
34. South Coast Air Quality Management District's (SCAQMD) Requirements It is
Contractor's responsibility that all equipment furnished and installed be in accordance with the
latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All
contract work practices, which may have associated emissions such as sandblasting, open field
spray painting or demolition of asbestos containing components or structures, shall comply with
the appropriate rules and regulations of the SCAQMD.
35. Regulatory Requirements Contractor shall o al k under this Agreement in
strict conformance with applicable federal, state, an regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, and 261, Title 22, 23, and California
Water Codes Division 2.
36. Authority to Execute The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement and that by executing this
Agreement, the Parties are formally bound.
31. Read and Understood By signing this Agreement, Contractor represents that he has
read and understood the terms and conditions of the Agreement.
38. Entire Agreement This Agreement constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiations between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 6 of 7 Specification Nos. FR11-027&028
DRAFT CONTRACT DO NOT SUBMIT
39. Notices All notices under this Agreement must be in writing. Written notice shall be
sent by registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Contractor: !hereto
IN WITNESS W the Partieave hereunto set t� ar
indicated bel COUN SANITATION DISTRI
Dated: By:
hair Bol of Directors
Dated: y:
C of the Board
Dated:
Contracts/Purchasing Manager
COMPANY
Date By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District
Approved as to Form:
Clarice M. Marcin Date
Senior Contracts Administrator
Orange County Sanitation District 7 of 7 Specification Nos. FR11-027&028
DRAFT CONTRACT DO NOT SUBMIT
OPERATIONS COMMITTEE Meeting Date Toad.0111M.
12/05/12 12/19/12
AGENDA REPORT Item Number Ham Number
0
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Jim Herberg, Assistant General Manager
Project Manager: Jeff Mohr
SUBJECT: SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2,
PROJECT NO. P2-92
GENERAL MANAGER'S RECOMMENDATION
Approve a contingency increase of$568,296 (10%) to the Professional Design Services
Agreement with Brown and Caldwell for Sludge Dewatering and Odor Control at Plant
No. 2, Project No. P2-92, for a total contingency of$1,136,592 (20°/%).
SUMMARY
The Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, will replace
dewatering facilities that have reached the end of their service life. Based on the Long
Range Biosolids Master Plan, a newer dewatering technology, centrifuges, will be
utilized to reduce biosolids disposal costs. The project will also incorporate odor control
improvements to contain and treat odors associated with dewatering and truck loading.
Recently, the use of a biological technology to treat dewatering odors was selected to
reduce long-term operating costs and chemical usage. This technology requires design
changes that used most of the original Professional Design Services Agreement
(PDSA) contingency budget.
Meanwhile, a Value Engineering Study will be conducted to identify changes that will
result in cost savings. This increase in the PDSA contingency will be available to fund
additional design services associated with the Value Engineering Recommendations.
These changes would only be made if the additional design costs are more than offset
by other savings.
PRIOR COMMITTEEIBOARD ACTIONS
July 2011 - Approved a Professional Design Services Agreement with Brown and
Caldwell for Sludge Dewatering and Odor Control at Plant No. 2, Job P2-92, providing
for engineering design services for the amount not to exceed $5,682,963 and approved
a contingency of$568,296 (10%).
ADDITIONAL INFORMATION
None.
Page 1 of 2
CEQA
At the December 19, 2012 regular meeting, the Board will consider certification of the
Supplemental Environment Impact Report for this project.
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 98).
Date of Approval Contract Amount Contingency
07/27/11 $5,682,963 $568,296 (10%)
12/19/12 $568,296 (10%)
$1,136,592 (20%)
JM:dm:gc
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date I To ad.of DV
1VO5/12 _
AGENDA REPORT Item Item Number
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: DEZURIK VALVE PURCHASE FOR THE MAINTENANCE REPAIR OF
"M" DIGESTER
GENERAL MANAGER'S RECOMMENDATION
Authorize the Sole Source Purchase of DeZURIK Valves and Operators for the
maintenance repair of"M" Digester for an amount not to exceed $138,500.
SUMMARY
Digesters are operated at each treatment plant to convert energy stored in the organic
sludge received from the primary and secondary treatment processes into digester gas
which is used to power 60% of our treatment processes. The final product, biosolids, is
transported offsite for reuse or disposal. Digesters are taken out of service periodically
to complete scheduled in-depth maintenance repairs. The valves on Plant No. 2's
Digester "M" have been in service for approximately 10 years and are due for
replacement. There are 26 valves that are being replaced ranging in size from 6 inches
to 16 inches.
The District has experienced multiple failures with Clow valves and has instituted a
planned program to replace all Clow valves with DeZURIK valves when digesters are
shut-down for in-depth maintenance. DeZURIK valves have a proven track record of
outperforming the Clow valves. Additionally, this provides for standardization of parts
and training throughout the District resulting in increased efficiency and reduced costs
for maintenance.
PRIOR COMMITTEE/BOARD ACTIONS
In May 2007, the Board approved a list of equipment required to maintain, service, or
replace existing Original Equipment Manufacturer equipment in OCSD facilities that
cannot be substituted due to functionality and integration with existing systems, or are
available from only one source for manufacturers. DeZURIK valves and operators were
included on this approved list. Board item: OEM SSJ: 5/23/07, M.O. ITEM 11 (p)
ADDITIONAL INFORMATION
N/A
CEQA
N/A
Page 1 of 2
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted.
Page 2 of 2
OPERATIONS COMMITTEE Meeting Dare TOBd.Of DIl.
1V05112 12/19/12
AGENDA REPORT Item Number Item Number
u
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: AMENDMENT OF RESOLUTION NO. OCSD 07-04 AND PURCHASE OF
FERRIC CHLORIDE, SPECIFICATION NO. C-2013-553BD
GENERAL MANAGER'S RECOMMENDATION
A. Adopt Resolution No. OCSD 12- XX, to Amend Section 4.09 Request for Proposal
Procedure of Resolution No. OCSD 07-04 entitled "Establishing Policies And
Procedures For: The Award Of Purchase Orders And Contracts; Public Works
Project Contracts; Professional Services Contracts; And Delegation Of Authority To
Implement Said Policies And Procedures."
B. Authorize the General Manager to initiate a request for proposal process and
recommend multiple contract awards for the purchase of ferric chloride
(Specification No. C-2013-55313D), for the period of July 1, 2013 through June 30,
2014, with four one-year renewal options.
SUMMARY
A. Resolution No. OCSD 07-04 entitled "Establishing Policies And Procedures For:
The Award Of Purchase Orders And Contracts; Public Works Project Contracts;
Professional Services Contracts; And Delegation Of Authority To Implement Said
Policies And Procedures" (hereinafter, "Purchasing Policy"), Section 4.09 permits
the District to follow a Request for Proposal ("RFP") solicitation process in lieu of
competitive bidding when goods or services to be procured, are difficult to
quantify or describe, and where proposers may offer different solutions.
The RFP solicitation process, as written, however, is not available to other goods
and services that can be quantified or described, such as the purchase of
chemicals. District staff has determined that for such goods or services that are
critical, routine or recurring to the District's operations, the District would like to
consider other factors, other than just price, as a basis to award one or more
contracts. Some of these other factors may include consideration of the broadest
possible range of competing products and materials available, fitness of purpose,
performance reliability, standardization, life cycle costs, delivery timetables,
reliable supply, support logistics, diversification of available sources and/or other
similar factors in addition to the price in the award of these contracts. As a result,
the proposed amendment to Section 4.09 of the Purchasing Policy is herein
requested.
Page 1 of 4
B. Annually, the District spends around $5 million for the purchase of 6,000 dry tons
of ferric chloride for in-plant process use. This in-plant ferric chloride is used to
enhance settling of solids in the primary treatment process which reduces
biosolids hauling costs, increases digester gas production and reduces the
capital expenses related to the physical size necessary for the secondary
treatment process. In addition, ferric chloride also controls the hydrogen sulfide
concentration in digester gas which is regulated by the South Coast Air Quality
Management District, enabling the digester gas to be utilized for power
generation. Therefore, ferric chloride enables the District to simultaneously meet
its level-of-treatment goals and regulatory compliance requirements.
Currently, no viable chemical or technology substitute is available which can
effectively replace the function and utility of ferric chloride. In the event of an
extended disruption of ferric chloride supply, the implications include air quality
permit violation and increased operating costs. SCAQMD fines related to non-
compliance with air quality permits are expected to be a minimum of $5,000 per
day. The additional biosolids hauling and power consumption costs related to
not conducting enhanced settling in the primary process is expected to be about
$10,000 per day. Also, as the digester gas with high hydrogen sulfide cannot be
used for powering the Central Power Generation engines, additional electrical
power would have to be purchased at an estimated cost of$14,500 per day.
The District has been dependent on a single supplier to meet its ferric chloride
needs for over fifteen years. The 2010 District's Chemical Sustainability Study
identified ferric chloride as one of the two most critical chemicals for District
operation. It also highlighted the potential supply disruption and price escalation
risks associated with this single-supplier based system. Given the criticality of
sustainable ferric chloride, a long-term, proactive supply-chain risk mitigation
plan for the District is vital. The proposed risk mitigation plan seeks to develop
and promote a long-term, healthy supply-side competition by leveraging recent
opportunities related to new entrants to the ferric chloride market.
For the new supply contract term beginning July 1, 2013, the plan is to award a
potential multiple-supplier contract for a one-year term with four additional one-
year contract renewal options. The proposed Request for Proposal process will
solicit information that staff will use to determine the company's qualifications and
ability to reliably manufacture and deliver ferric chloride. Price proposals from
qualified firms will be sought for each 1,000 dry tons/year increments up to 6,000
dry tons/year total demand. Based upon the price proposals, unit costs for each
of the potential award scenarios to multiple vendors will be calculated. The
contract award will be made to multiple vendors for the scenario which has the
minimum cost. Staff will utilize prevailing market and historical District price data
to ensure pricing is competitive and at market.
Page 2 of 4
PRIOR COMMITTEE/BOARD ACTIONS
February 2007 — Board Adoption of Resolution No. OCSD 07-04.
ADDITIONAL INFORMATION
Iron salts, which include ferric chloride, are widely used to enhance settling in various
industries including water treatment, wastewater treatment, pulp and paper and mining.
In the wastewater treatment sector iron salts are also extensively utilized for odor
control in sewer trunks due to its ability to bind with hydrogen sulfide.
The supply-side of the iron salt market in the United States is dominated by three main
companies: Kemira, PVS Technologies, and Pencco. Kemira manufactures its iron
salts at its plants located in Fontana and Mojave in California; East Chicago, Indiana;
Baltimore, Maryland, and in Delaware. PVS Technologies iron salt plants are located in
Detroit, Michigan and in Augusta, Georgia. PVS also has a small joint venture in
California Water Technologies (CWT) located in Santa Fe Springs, California. Pencco's
plants are located in Vernon, California; Dallas, Texas, and in Middle Essex, North
Carolina. A fourth company, US Magnesium produces ferric chloride as a byproduct at
its plant in Utah which is sold to Kemira, who mainly markets it in Northern California.
"Pickle Liquor" a waste byproduct of steel mills, iron ore and scrap iron along with
sulfuric and hydrochloric acids are the major raw materials involved in the production of
these iron salts, and thus, production is usually located in close proximity to steel mills
and rail spurs are vital. Sales are regionally based around each manufacturing plant
due to the high cost of freight as the iron salts are heavy.
Locally, in Southern California, the annual demand for iron salts related to large
wastewater and water treatment operations such as the District, Los Angeles County
Sanitation (LACSD), City of Los Angeles and City of San Diego and water treatment
operations such as the Metropolitan Water District is estimated at about 90,000 dry tons
per year valued at about $60 million. Until recently, this Southern California demand
was met mostly through Kemira's operations in Fontana and Mojave with CWT's plant in
Santa Fe Springs providing a relatively small portion. LACSD recently took advantage
of the multi-vendor scenario by awarding Pencco, which recently established an iron
salts production facility in Vernon, California, with almost half of the their iron salt
requirement for its contract beginning January 1, 2013.
Inclement weather, accidents involving rail traffic and natural disasters including
earthquakes have historically been the causes for disruption in chemical supplies. The
District has experienced disruptions with the supply of hydrogen peroxide and cationic
polymer. These events turned into a crisis situation as the procurement of these
chemicals from an alternative source was not viable in the absence of a backup.
In the past, the District has not experienced any ferric chloride supply disruption.
However, given the large quantity required and the absence of another viable supplier,
Page 3 of 4
the consequences of a ferric chloride supply disruption may be very serious, resulting in
potential regulatory compliance violations and severe financial consequences. Without
having a contract in place with a second supplier, and if the District's one current
supplier was unable to deliver its product, staff is not confident that the District would be
able to enter into an emergency contract with another ferric chloride supplier because
most likely the other users of ferric chloride in our region would be impacted and those
agencies with existing multiple supplier contracts would have preference to the
chemicals. Furthermore, larger users of ferric chloride such as LACSD and MWD would
also have preference because of the larger dollar amount of their contracts. The District
needs to contract with multiple local suppliers to protect against potential disruption from
a single-source supply chain.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority.
Date of Approval Contract Amount Continaencv
12/19/12 N/A N/A
ATTACHMENTS
The following attachment(s) is included in hard copy and may be viewed on-line at the OCSD website
(mm w.ocsd.coml with the complete agenda package and attachments:
( Resolution No. OCSD 12-XX, Amending Section 4.09 of Resolution No. OCSD
07-04
DH:SSB:ysh
Page 4 of 4
RESOLUTION NO. OCSD 12-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT AMENDING SECTION 4.09 REQUEST FOR
PROPOSAL PROCEDURE OF RESOLUTION NO. OCSD 07-04 TO EXPAND
THE REQUEST FOR PROPOSAL PROCEDURE TO INCLUDE THE
PURCHASE OF CRITICAL, ROUTINE, OR RECURRING GOODS OR
SERVICES AND TO DEFINE BEST VALUE
WHEREAS, the Orange County Sanitation District ("District") is a duly organized County
Sanitation District existing pursuant to the County Sanitation District Act, California Health and
Safety Code section 4700, at seq., providing for the ownership, operation, and maintenance of
wastewater collection, treatment, and disposal facilities within Orange County, California; and
WHEREAS, California Government Code section 54202 requires that every local
agency adopt policies and procedures, including bidding regulations governing purchases of
supplies, services, materials and equipment, and that purchases of supplies, services,
materials and equipment by the local agency be in accordance with said duly adopted policies;
and
WHEREAS, on February 28, 2007, the District adopted Resolution No. OCSD 07-04
entitled: "A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY
SANITATION DISTRICT (DISTRICT OR OCSD) ESTABLISHING POLICIES AND
PROCEDURES FOR THE AWARD OF PURCHASE ORDERS AND CONTRACTS; AWARD
OF PUBLIC WORKS PROJECT CONTRACTS; AWARD OF PROFESSIONAL SERVICES
CONTRACTS; AND DELEGATION OF AUTHORITY TO IMPLEMENT SAID POLICIES AND
PROCEDURES; AND REPEALING RESOLUTION NO. OCSD 06-28" (hereinafter,
"Purchasing Policy"); and
WHEREAS, Section 4.09, entitled "Request for Proposal Procedure," of the Purchasing
Policy permits the use of a Request for Proposal ("RFP") solicitation process in lieu of the
competitive bidding process for goods and services that prove difficult to quantify or describe;
and
WHEREAS, District staff has determined that there is a need to expand the use of the
RFP solicitation process for critical, routine or recurring goods or services such as, but not
limited to, the purchase of chemicals, in order to purchase such goods or services based upon
a consideration of the broadest possible range of competing services, products and materials
available, fitness of purpose, performance reliability, standardization, life cycle costs, delivery
timetables, reliable supply, support logistics, and/or other similar factors in addition to the price
in the award of these contracts.
NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange
County Sanitation District, does hereby resolve, declare, determine, and order as follows:
Section 1: All of the recitals herein contained are true and correct.
Page 1 of 2
Section 2: The first paragraph of Section 4.09, entitled 'Request for Proposal
Procedure" is deleted in its entirety and replaced as follows:
If the Contracts / Purchasing Manager determines that the competitive
bidding process is not practical or advantageous for OCSD in a particular
case, he or she may award one or more contracts following a Request for
Proposal ('RFP") solicitation process. The RFP process may be used (i) for
goods or services that prove difficult to quantify or describe, where Proposers
may offer different approaches or solutions; and/or (ii) for critical, routine or
recurring goods or services that require consideration of the broadest
possible range of competing services, products and materials available,
fitness of purpose, performance reliability, standardization, life cycle costs,
delivery timetables, reliable supply, support logistics, diversification of
available sources and/or other similar factors in addition to the price in the
award of these contracts. Award shall be based upon criteria identified in the
solicitation which provide the best value for OCSD, wherein, best value is not
solely determined by price. "Best value" means the overall combination of
quality, price, and other elements of a proposal (or combination of several
proposals) that, when considered together, provide the greatest overall
benefit in response to the requirements described in the solicitation
documents.
Section 3: Unless specifically amended herein, the remaining provisions of the
Purchasing Policy shall continue in full force and effect. In the event of any conflict or
inconsistency between the provisions of this Resolution and any provisions of the Purchasing
Policy, the provision of this Resolution shall in all respects govern and control.
Section 4: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting held on December 19, 2012.
Troy Edgar, Chair
ATTEST:
Maria Ayala, Clerk of the Board
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date To Bd.ofDir.
12,05,12 —
AGENDA REPORT Item Number Ham Number
3
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Jim Herberg, Assistant General Manager
Project Manager: Jeff Mohr
SUBJECT: SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2,
PROJECT NO. P2-92
GENERAL MANAGER'S RECOMMENDATION
Information Only
SUMMARY
• The Orange County Sanitation District's (Sanitation District) Board of Directors will
consider certification of the Supplemental Environmental Impact Report (SEIR) for
the Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, at its
December 19, 2012 regular meeting. The Operations Committee has requested that
all such CEQA action considerations be presented to the Committee prior to the
Board of Directors.
• The Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, will
replacing dewatering facilities that have reached the end of their service life. A
newer dewatering technology, centrifuges, will be utilized and will reduce Biosolids
management costs.
• The SEIR for the project found that there are no new significant impacts on the
environment. The original Program EIR and supporting documents for the
Secondary Treatment Improvements had identified potentially significant impacts
from noise, air quality, traffic, and cumulative area impacts.
• The SEIR was circulated for a 45-day public review on October 17. The public
review period ends December 2, 2012. As of the time of this writing, no comments
have been received on the Draft SEIR.
• Any comments received prior to certification of the document will be presented at the
Operations Committee meeting on December 5, 2012 and at the Board meeting on
December 19, 2012.
PRIOR COMMITTEE/BOARD ACTIONS
The recommended action is within the scope of the Subsequent Environmental Impact
Report for the Secondary Treatment and Plan Improvement Project, dated March 2005.
The Subsequent Environmental Impact Report for the Secondary Treatment and Plan
Page 1 of 2
Improvement Project supplements the Sanitation District's Strategic Plan Program
Environmental Impact Report (PEIR) was certified in October 1999. Pursuant to CEQA
Guidelines section 15168(c) (4), the Sanitation District will use a written checklist to
document its evaluation of the recommended action, and has determined that the
recommended action required additional environmental review.
CEQA
May 2005 — Adopt Resolution No. OCSD 05-13, Certifying the Subsequent
Environmental Impact Report for the Secondary Treatment and Plant Improvement
Project.
JM:dm:gc
Page 2 of 2