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Home My WebLink About10-23-2013 Board Meeting Agenda Packet Orange County Sanitation District Wednesday, October 23,2013 Regular Meeting of the 6:30 P.M. Board of Directors Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 it (714)593-7130 AGENDA INVOCATION AND PLEDGE OF ALLEGIANCE: (Troy Edgar, City of Los Alamitos) ROLL CALL & DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form (located at the table outside of the Board Room) and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CLAIMS: DIRECTORS., Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party seeking a contract with OCSD. This requires that you identify the contributor by name. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractorsIvendors with OCSD. For the specifics of Government Code Section 84308,please see your Director's Handbook or call the office of General Counsel. 1. Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 09/15/13 09/30/13 Totals $ 6,975,614.42 $ 11,395,868.49 10/23/13 OCSD Board of Directors Agenda Page 1 of 6 CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 2. A. Approve Minutes for the Regular Board Meeting held on September 25, 2013; and B. Approve Minutes for the Special Board Meeting held on October 2, 2013. 3. A. Approve Plans and Specifications for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, on file at the Office of the Clerk of the Board; and B. Approve Addendum Nos. 1 and 2 to the plans and specifications; and C. Award a construction contract to Irwin Industries for the Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, for a total amount not to exceed $1,472,993; and D. Approve a contingency of$147,299 (10%). 4. A. Authorize staff to detach 171.55 acres from the Orange County Sanitation District in the vicinity of Laguna Canyon Road, within the City of Laguna Woods; and, B. Adopt Resolution No. OCSD 13-15, authorizing initiation of proceedings to detach said territories from the Orange County Sanitation District service area (Proposed Detachment No. DO 13-10 — Laguna Woods Detachment). STEERING COMMITTEE: 5. Approve Minutes for the Steering Committee Meeting held on September 25, 2013. 6. A. Receive and file a letter from the City of Yorba Linda dated October 16, 2013 requesting a transfer of its seat on the OCSD Board of Directors to the Yorba Linda Water District; and B. Direct staff to prepare a legislative proposal to transfer the City of Yorba Linda's seat on the OCSD Board of Directors to the Yorba Linda Water District. OPERATIONS COMMITTEE: 7. Approve Minutes of October 2, 2013, Operations Committee meeting. 10/23/13 OCSD Board of Directors'Agenda Page 2 of 6 8. Approve Amendment No. 1 to the Facilities Engineering Task Order No. 12-00- 04-01 with Tran Consulting Engineers providing additional design and construction services for Slater Ave Pump Station VFD Replacement, FR12-012, for an additional amount of $26,968, increasing the total not to exceed amount to $66,931. 9. A. Award a service contract to the lowest responsive and responsible bidder, CDC Engineering & Technology, for P1 Potable Water Valve Replacement, Project No. FR11-020 for a total amount not to exceed $412,000; and, B. Approve a contingency of$82,400 (20%). 10. A. Award a service contract to the lowest responsive and responsible bidder, Mode Engineering, for Warner Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 for a total amount not to exceed $338,000; and, B. Approve a contingency of$67,600 (20%). 11. Approve Revision No. 1 to the Black & Veatch PLAN2010-01, Task Order 05 (Ocean Outfall Assessments, Project SP-187) in the amount of $19,569 for additional engineering services to develop Ocean Outfall Booster Station refurbishment scope of work items, for a total amount not to exceed $67.593. 12. A. Approve a Professional Consultant Services Agreement with Dudek & Associates, Inc. to provide construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, for an amount not to exceed $222,503; and, B. Approve a contingency of$22,250 (10%). 13. A. Approve a budget increase of $390,000 for the Bitter Point Force Main Rehabilitation, Project No. 5-58, for a total project budget of $46,219,000; and, B. Approve an increase in contingency of $89,445 (15%), for a total contingency of $149,075 (25%), to the Professional Consultant Services Agreement with Black & Veatch to provide construction support services for the Bitter Point Force Main Rehabilitation, Project No. 5-58, to support the Santa Ana River Levee and In-Plant Repairs, Phase 2. ADMINISTRATION COMMITTEE: 14. Approve Minutes of the October 9, 2013 Administration Committee Meeting. 1012N13 OCSD Board of Directors Agenda Page 3 of 6 NON CONSENT CALENDAR: 15. A. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said entire Ordinance on October 23, 2013; and B. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects'; and C. Set November 20, 2013, as the date of the second reading and proposed adoption of Ordinance No. OCSD-XX; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chair may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. Convene in closed session. (1) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION (Government Code Section 54956.9(d)(1) Number of Cases: 2 (A) Mladen Buntich v. Orange County Sanitation District, Riverside County Superior Court, Case No. RIC 1201005 (B) Santa Ana Watershed Project Authority v. Orange County Sanitation District, Contractual Arbitration - Jams Reference No. 1210030062 (2) CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION — LITIGATION THAT MAY BE FILED BY THE DISTRICT (Government Code Section 54956.9(d)(4)) Number of Cases: 2 10/2W13 OCSD Board of Directors Agenda Page 4 of 6 (A) SAW PA Enforcement Action / Cost Recovery Action (B) Disclosure of Information (3) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957(b)(1)) Number of Cases: 1 (4) COMPLAINTS OR CHARGES AGAINST PUBLIC EMPLOYEES (Government Code Section 54957(b)(1)) Number of Cases: 1 (5) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION — SIGNIFICANT EXPOSURE TO LITIGATION (Government Code Section 54956.9(d)(2)) Number of Potential Cases: 1 Reconvene in regular session. Consideration of action, if any, on matters considered in closed session. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: Adjourn the Board meeting until the next Regular Board Meeting on November 20, 2013, at 6:30 p.m. 10/23/13 OCSD Board of Directors Agenda Page 5 of 6 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 Postina: 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 mavalaRocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbemOocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rghirellitclocsd.com Director of Engineering Nick Kanetis (714)593-7310 nkanetisfdocsd.com Director of Facility Support Services Nick Amontes (714)593-7210 narhontes(clocsd.ccm Director of Finance and Lorenzo Tyner (714)593-7550 Itvneraocsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 freed :Zocsd.com Director of Operations&Maintenance Ed Tortes 714 593-7080 etomes ocsd.com 10/23/13 OCSD Board of Directors Agenda Page 6 of 6 BOARD OF DIRECTORS Neebng Date I Toae.or Dir. Io/zs/Is AGENDA REPORT Item Number Item N t umber Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT GENERAL MANAGER'S RECOMMENDATION Ratify Payment of Claims of the District by Roll Call Vote. CONFLICT OF INTEREST NOTIFICATION Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County Sanitation District. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with the District. In general, you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor. For the specifics of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION See attached listing. ATTACHMENTS The following attachment(s) are attached in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package: 1. Copies of Claims Paid reports from 9/01/13— 9/15/13 and 9/16/13— 9/30/13 Page 1 of 1 Return to Anemia Report Claims Paid From 9/1/13 to 9/15/13 Vendor Warrant No. Amount Description Accounts Payable Warrants Absolute Standards.Inc. 58922 135.00 Laboratory Services&Supplies Absolute Standards,Inc. 59079 110.00 Laboratory Services&Supplies ACCO Engineered Systems Inc. 59080 4,950.00 Repair&Maintenance Services and/or Supplies AccuStandand U923 847.56 Laboratory Services&Supplies AccuStandard 59081 377.11 Laboratory Services&Supplies A-Check America,Inc. 1272 117.75 Human Resources Services Aerotek 59082 613.35 Professional Serviceed'emporary Services Agilent Technologies,Inc. U924 1,784.97 Laboratory Services&Supplies Air Liquids America Corp. 58925 395.34 Laboratory Services&Supplies Air Liquids America Specialty Gases LLC 59083 186.38 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 590M 19,681.46 Laboratory Services&Supplies Air Products&Chemicals,Inc. U926 14,175.19 Chemicals,WaterWastewater Treatment Angus Safety,Inc. 1258 7,881.85 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety,Inc. 1273 4,964.47 Safety,Severity,Health Equipment,Supplies,and Services Airgas USA,LLC 1259 374.95 Laboratory Services&Supplies Airgas USA,LLC 1274 5,096.54 Laboratory Services&Supplies Alhambra Foundry Co.,Ltd. 58927 7,231.68 Repair&Maintenance Services and/or Supplies Allied Electronics,Inc. 59085 1,748.06 Electrical/Electronic Equipment,Pads&Repairs Allied Packing&Rubber,Inc. M928 1,435.13 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber,Inc. 59086 727.31 Repair&Maintenance Services and/or Supplies Alta-Robbins,Inc. 59088 345]0 ElectricallElecbonic Equipment,Pads&Remains American Academy of Environmental Engine 59089 50.00 Books and Publications American Integrated Services,Inc. 59090 1,613.80 Grit&Screenings Disposal American Machinery&Blade,Inc. U930 296.06 Repair&Maintenance Services and/or Supplies Amtech Elevator Services 59091 1,035.00 Miscellaneous Services Analysis,Inc. 58931 4,078.30 Repair&Maintenance Services and/or Supplies AON Risk Insurance Services West 59061 35,569.94 Insurance(Owner Controlled!Insurance Program) AppleOne Employment Service 1275 1,199.20 Professional ServicesRemporary,Services Applied Industrial Technology 58932 892.01 Repair&Maintenance Services and/or Supplies Applied Industrial Technology 59092 922.69 Repair&Maintenance Services and/or Supplies Arl Instruments,LLC. 59093 21.28 Electrical/Electenic Equipment,Paris&Repairs Arms narrational Inc U933 1,029.00 Professional Organioations Meetingrfraining/Membership Ashbrook Simon Hartley Operations,L.P. Show 1,129.38 Repair&Maintenance Services and/or Supplies Assoc.Of Environmental Professionals 59095 100.00 Notices&Ads AT&T M921 234.20 Telecommunications AT&T Universal Biller 59097 3,194.64 Telecommunications AT&T 59096 37.00 Telecommunications Awards&Trophies Company 58934 898.56 Awards and Framing Services Ayala Engineering M935 13,780.00 Repair&Maintenance Services and/or Supplies B&K Electric Wholesale 59098 1,939.03 Electrical/Electronic Equipment,Parts&Repairs Battery Specialties 58936 653.18 Batteries,Various Beach Cities Scuba Mania M937 300.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services BEGBuilding Electronic Controls,Inc 59099 4,014.76 Electrical/Electenic Equipment,Paris&Repairs Bioexpress Corp U938 223.86 Repair&Maintenance Services and/or Supplies Black&Veatch Corporation 58915 205,235.99 Professional ServiceslEnginaering Design Services Black&Veatch Corporation 59063 188,150.46 Professional ServicenEngineenng Design Services BNI Budding News 59100 2,853.95 Books&Publications Brea 9Owoer LLC 59101 2,500.00 Miscellaneous Services EXHIBITA fncoll Page 1 of 8 WIMO13 Claims Paid From 91 to 9/15/13 Vendor Warrant No. Amount Description Storming Pacific,Inc. 59102 12,923.65 Chemicals,WasbWastewater Treatment Bureau Varies North America,Inc. 1260 1,620.00 Industrial Hygiene Services Bureau Ventas North Amence,Inc. 1276 4,950.00 Industrial Hygiene Services C.A.Short Company M939 9.20 Safety,Secunty,Health Equipment,Supplies,and Services California Barricade Remals 59104 1,540.00 Miscellaneous Services Califomia Dept.of Child Support Saw 2,524.58 Judgments Payable California Recreation Company 12TT 3,578.13 Boat Slip Rental-Nensm Ocean Monitoring Vessel California Relocation Services,Inc. 59105 697.50 Miscellaneous Services-Moving/Relocation California State Association Of 59103 375.00 Professional Organiutions Meeting/Training/Membership Califomia Water Technologies 590" U,513.68 Chemicals Cambridge Isotope Labs 58941 780.65 Laboratory Services&Supplies CAPPO,Inc. 59106 117.00 Professional Organizations Meeting/Traming/Membeiship Chem Search 58942 390.98 Repair&Maintenance Services and/or Supplies CHMIA 581 150.00 Training Registration-Calf.Hazardous Materials Investigators Assoc. Chris A.Stacklin 59213 116.00 Meeting?raining Expense Reimbursement City of Fountain Valley 59065 58,599.55 Water Use City of Huntington Beach U978 31.67 Water Use Clean Energy 59107 31.57 CNG Fueling Station Services/Supplies Cola-Parmer Instrument Co. 59108 263.85 Laboratory Services&Supplies Columbia Analytical Services M929 2,400.00 Laboratory Services&Supplies Columbia Analytical Services 59087 8,730.00 Laboratory Services&Supplies Connell Chevrolet\GEO 58944 191.91 Autos.Tracks&Marine Equipment,Peru,Accessories&Services Connell Chevrolet\GEO 59109 TT4.04 Autos,Tracks&Marne Equipment,Parts,Accessories&Services Constellation Nessmergy Gas Division LLC 59066 28,766.94 Natural Gas Consumers Pipe&Supply Co. 1261 34.96 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Co. 1278 2,260.93 Repair is Maintenance Services and/or Supplies Controlled Motion Solutions 58945 606.20 Repair&Maintenance Services and/or Supplies Converse Consultants 58946 4,586.00 Professional Services/Materials&Geotechnical Testing Corner Bakery Car€(CBC) 58947 450.00 Catering Services Corporate Image Maintenance,Inc. 59067 36,570.00 Janitor&Household Service&Supplies Cotton Point Design,Inc.dba Power Desi 59110 1,838.70 Electrical/Electronic Equipment,Pads&Repairs County of Orange-Health Care Agency 59111 627.00 Governmental Agency Fees&Charges County Wholesale Electric Co. 59112 421.06 Electrical/Electronic Equipment,Pads&Repairs Court Order 58990 2,179.38 Judgments Payable Court Order 59021 108.00 Judgments Payable Court Order 59058 912.50 Judgments Payable CS-AMSCO 59113 2,623.66 Repair&Maintenance Services and/or Supplies CWEA Membership 58MB 444.00 Professional Organizations Maetinglhaining/Membership Dale M.Fiola,Attorney At Law 59215 45,000.00 Human Resource Services/Claimaint Designer Stitch Embroidery 59114 1,857.78 Public Outreach Supplies Detection Instruments Corporation 58949 3,239.38 Electrical/Electronic Equipment,Pads&Repairs Donald A.HavMome 59210 939.46 Meeting/training Expense Reimbursement Dudek&Associates,Inc. 59068 53,246.58 Professional ServicesrEngineenng Design Services Duno-Edvrmds Corporation M950 328.35 Facilities,Maintenance,Services It Supplies Easy Vac 59115 117.58 Repair&Maintenance Services and Supplies Embark Consulting,LLC 58951 3,271.61 Professional ServicesSCADA Subsea Maintenance Suplwd Employee Benefits Specialists,Inc. M952 10,960.73 Reimbursed Prepaid Employee Medical&Dependent Care Employee Benefits Specialists,Inc. 59116 3,149.25 Reimbursed!Prepaid Employee Medical&Dependent Care Enchanter,Inc. 59117 760.00 Vessel Services-Monitoring Vessel Nemesis EXHIBITA fnrzWmm Page 2 of 8 WIMO13 Return to Amends Report Claims Paid From 9/1/13 to 9/15/13 Vendor Warrant No. Amount Description ENS Resources,Inc. 58953 5,500.00 Professional Services-Federal Advocacy Environmental Engineering&Contracting 59118 2,000.00 Professional Services/Specialty Course Audits Environmental Express,Inc. 59119 3,336.21 Laboratory Services&Supplies Environmental Resource Associates 58954 981.46 Laboratory Services&Supplies Environmental Resource Associates 59120 172.70 Laboratory Services&Supplies Envirosupply&Service,Inc 59121 9,000.00 Laboratory Services&Supplies ESSCO(Engineering Sales Service) 59122 909.48 Repair&Maintenance Services and/or Supplies Ewing litigation M955 100.03 Irrigation Repair&Maintenance Services and/or Supplies Ewing rogation 59124 93.31 Irrigation Repair&Maintenance Services and/or Supplies Fedex Corporation 59125 26.51 Freight Services Fisher Scientific M956 1,683.59 Laboratory Services&Supplies Five Star Metals,Inc. M957 875.00 Miscellaneous Parts and Supplies Flex Core U968 436.84 Repair&Maintenance Services and/or Supplies Rooms Products,Inc. 58959 516.97 Electrical/Elechonic Equipment,Pads is Repairs Fluke Electronics Corp.-Remit to: 58960 1,187.00 Electrical Pads&Supplies FOPCO Incorporated M961 2,750.00 Repair&Maintenance Services and/or Supplies Franchise Tax Board U962 150.00 Judgments Payable Franchise Tax Board 59127 2,750.29 Judgments Payable Franklin Covey M963 68.13 Once Supplies Fuller Truck Accessories M965 1,287.99 Autos,Trucks&Marine Equipment,Pads,Accessories&Services Funnanite America,Inc. U966 9,729.00 Repair&Maintenance Services and/or Supplies Ganahl Lumber Company 58967 365.83 Facilities,Maintenance,Services&Supplies Ganahl Lumber Company 59128 105.69 Facilities,Maintenance,Services&Supplies George L.Robertson 59212 663.24 Meeting/Training Expense Reimbursement Giedich-Mitchell,Inc. U968 2,153.52 Repair&Maintenance Services and/or Supplies Global Environmental Network Inc. 59129 3,020.00 Safety,Security,Health Equipment,Supplies,and Services GMU Gestechnical,Inc. 59130 3,940.64 Professional Services/General Counsel-Buterpoint Rehab Golden State Water Company M969 129.80 Water Use Golden West Machine,Inc. U970 4,500.00 Repair&Maintenance Services and/or Supplies Golden West Window Service 58971 4,783.00 Facilities,Maintenance,Services&Supplies Government Finance Officers Association M972 55.00 Professional Organizations MeetingRraining/Membership Govplace 59131 7,016.00 Computer Applications and Services Grainger,Inc. U973 6,023.18 Repair&Maintenance Services and/or Supplies Grainger,Inc. 59132 1,599.93 Repair is Maintenance Services and/or Supplies H&E Equipment Services 59133 408.68 Autos,Trucks&Marine Equipment,Parts,Accessories&Services H.H.Fremer Architects,Inc. 59069 29,924.00 Construction Hach Company M974 3,359.45 Laboratory Services&Supplies Harrington Industrial Plastics,Inc. M975 4,318.74 Repair is Maintenance Services and/or Supplies Hartzell Fan Inc. M976 1,653.04 Electrical/Electronic Equipment,Pads&Repairs Hemel Dhodia 59207 188.00 Professional Organizations MeetinglTraming/Membership Hill Brothers 12M 181 Chemicals,Water/Wastewater Treatment Hills Boat Service,Inc. 59134 1,046.96 Autos.Trucks&Marine Equipment,Parts,Accessories&Services Home Depot M971 98.19 Miscellaneous Pads and Supplies Home Depot 59135 139.85 Miscellaneous Pads and Supplies Hub Auto Supply 59136 757.62 Autos,Trucks&Marine Equipment,Parts,Accessories&Services IDE Distribution,Inc. 58979 2,068.62 Laboratory Services&Supplies IDS Group 59137 2,035.00 Professional Services/Engineering Design Services Imperial Flange&Fitting Co.,Inc. M980 636.40 Mechanical Pads&Supplies Indiana Child Support Bureau U981 290.00 Judgments Payable EXHIBITA fnrzlWmm Page 3 of 8 WIMO13 Claims Paid From 9/1/13 to 9/15/13 Vendor Warrant No. Amount Description Industrial Distribution Group 58982 3,254.53 Repair&Maintenance Services and/or Supplies Industrial Distribution Group 59138 384.52 Repair&Maintenance Services and/or Supplies Industrial Fabrics Corp. 59139 11486.25 Repair&Maintenance Services and/or Supplies Inorganic Ventures,Inc. M983 120.27 Laboratory Services It Supplies Insight Public Sector,Inc. 59140 17,328.32 Computers,Sofhrare/Had1vare Insite Instrument Group,Inc. 589M 3,424.00 Electrical/Electronic Equipment,Pads&Repairs Interstate Batteries of Cal Coast 59141 1,840.65 Repair&Maintenance Services and/or Supplies Intl.Union of Oper.Eng.AFL CIO Local M985 4,677.23 Dues Deductions Intratek Computer,Inc. U986 913.84 Netuork/Seryer/Printer Maintenance Services Inyensys Systems,Inc. 1279 1,698.55 Electrical/Electronic Equipment,Parts&Repairs Ironman Pads&Services 59142 164.59 Repair&Maintenance Services and/or Supplies Irvine Ranch Water District M987 229.62 Water Use ISA Publications U988 725.00 Subscription James D.Ruth 59214 10,000.00 Professional Services/Gonsullanl James E.Colston 59206 101.00 Meeting/Tmining Expense Reimbursement Jamison Engineering Contractors,Inc. 59144 10,445.00 Professional Services/Construction Support Services JAMS/Endispute 59216 107,864.29 Legal Service-United Technologies Jays Catering 59145 668.25 Catering Services Jensen Instrument Co. 59146 2,02.60 Electrical/Electronic Equipment,Pads&Repairs JIG Tucker And Son,Inc. 59143 1,744.20 Safety,Secunty,Health Equipment,Supplies,and Services Johnstone Supply U989 1,430.84 Repair&Maintenance Services and/or Supplies Johnstone Supply 59147 142.56 Repair is Maintenance Services and/or Supplies Kanawha Insurance Company 59148 2,442.91 Voluntary Benefits-SSTD Insurance Kemim Water Solutions 1271 47,515.78 Chemicals,WaterWastewater Treatment L.Johnson Painting 59149 2,934.00 Facilities,Maintenance,Services&Supplies LECO Corporation 58991 3,822.59 Laboratory Services&Supplies Lisa A.Rothbad 59059 1,120.18 Meeting/Training Expense Reimbursement Luccfs Gourmet Foods,Inc. M992 213.80 Capping Services Mag Tel,Inc. U993 88.26 Electrical Parts&Supplies Magnus Pacific Corporation 59076 1,227,466.50 Construction Malcolm Firms Inc. 59062 39,216.71 Construction Mani Motors 59150 75.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Matt Chlor,Inc. 58994 7,802.68 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 1262 493.10 Repair is Maintenance Services and/or Supplies McMaster-Carr Supply Co. 1280 1,356.86 Repair&Maintenance Services and/or Supplies MCR Technologies,Inc. M995 10,207.46 Repair&Maintenance Services and/or Supplies Measurement Control Systems,Inc. 59161 1,532.19 Repair&Maintenance Services and Supplies Michele Farmer 59209 110.24 Meeling/rmining Expense Reimbursement Midway Mfg.&Machining Go. 59152 1,598.40 Repair&Maintenance Services and/or Supplies Mid-Went Associates,Inc. 59153 15,692.13 Repair&Maintenance Services and/or Supplies Mike Bubalo Construction Co.,Inc. U920 40 .739.79 Construction Mine Safely Appliance 1263 3,780.79 Electrical/Electronic Equipment,Pads&Repairs Mine Safety Appliance 1281 3,607.33 Electrical/Electronic Equipment,Pads&Repairs Mitchell Instrument Co. M996 1,786.01 Tests&Supplies Morrow Meadows Corp. 59077 S6,o63.]5 Construction Motion Industries,Inc. 59154 72.87 Electrical/Electronic Equipment,Pads is Repairs MSA c/o Geoff Cobbefl M997 50.00 Professional Organizations MeetinglTraining/Membership MTM Recognition Corporation M998 102.96 Service Awards MTM Recognition Corporation 59155 422.22 Service Awards EXHIBITA fnielri Page 4 of 8 WIMO13 Return to Anemia Report Claims Paid From 9/1/13 to 9/15/13 Vendor Warrant No. Amount Description MWH Americas,Inc. 59070 32,195.90 Professional Services/Engineering Design Services Myers&Sons Hi-Way Safety,Inc. 58999 216.91 Repair&Maintenance Services andlor Supplies NACE lotsmational 59156 1,830.00 Professional Organizations Meelingffroming/Membership National Water Research Institute 59071 50,000.00 Professional Organizations Meeting/TraminglMembership NRG Engine Services,L.L.C. 59000 2,156.58 Repair&Maintenance Services ambor Supplies NRG Engine Services,L.L.C. 59157 700.95 Repair&Maintenance Services and/or Supplies OCEA 59001 702.00 Dues Deductible Office Depot 59002 1,386.11 Office Supplies Office Depot 59168 681.41 Office Supplies Office Team 59003 3,806.25 Professional Services/temporary Services Olin Corporation 59159 13,561.07 Chemicals,WaterlWastawater Treatment OneSoume Distributors,Inc. 59004 2,349.17 Electrical/Electronic Equipment,Paris&Repairs OneSource Distributors,Inc. 59160 7,809.22 Electrical/Electronic Equipment,Parts&Repairs Operation Technology.Inc. 59123 2,149.00 Soflware Meint. Orange County Auto Parts 59161 289.80 Tuck Supplies Orange County Council of Governments 59005 7,500.00 Professional Organizations MeetinglTraminglMembership Orange County Sheriff 59006 600.08 Judgments Payable Orange County United Way 59007 40.00 Employee Contributions Orange County Vector Control District 59008 145.38 Past Control Orange County Vector Control District 59162 160.86 Pest Control Orange County Water District M916 44,650.25 GAP Water Orange Courser 59009 77.11 Delivery Services OSTS Inc. 59163 650.00 Professional Organizations MeetingRraining/Membership Packer Supply Company 1264 177.55 Miscellaneous Paris and Supplies PaMhouse Tire,Inc. 59010 261.75 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Parkhouse Tire,Inc. 59164 2,493.09 Autos.Trucks&Marine Equipment,Parts,Accessories&Services Parkson Corporeton 59165 5,292.00 Mechanical Pads&Supplies Patriot Video Productions 59166 738.09 Miscellaneous Services PBS&J M914 57.158.54 Professional Servicoolingineer ng Design Services PCS Express,Inc. 59167 157.88 Courier Services Peace Officers Council of CA 59011 2,042.87 Dues Deductions,Supervisors&Professionals Peak Scientific Inc 59168 2,000.00 Laboratory Services&Supplies Peerless Wiping Materials Co. 59012 794.02 Janitor&Household Service&Supplies Pencco,Inc. 59072 25,749.63 Chemicals Performance Pipeline Technologies 59073 26,927.42 Professional Services/CCTV InspectionlSewedine Cleaning PL Hawn Company,Inc. 59013 808.36 Repair&Maintenance Services and/or Supplies PL Hawn Company,Inc. 59169 745.20 Repair&Maintenance Services and/or Supplies Plash Fab Inc 59014 8,856.00 Repair&Maintenance Services and/or Supplies Plumbers Depot,Inc. 59015 2,884.90 Repair&Maintenance Services and/or Supplies Polydyne,Inc. 1257 71,370.71 Chemicals,WatenWasiewater Treatment Power Bros.Machine,Inc. 59170 2,415.50 Repair&Maintenance Services and/or Supplies PR Electronics,Inc. 59016 2,159.46 Electrical/Electronic Equipment,Pads&Repairs Prexair Distribution,Inc. 59171 341.84 Laboratory Services&Supplies Primrose ice Co.,Inc. 59172 131.25 Water&Ice Services Propipe Professional Pipe Services 1287 2,080.00 Professional SewicooCCTV Sersa ine Inspections Pmdential Overall Supply 1265 2,986.92 Un'dorms Prodential Overall Supply 1282 3,019.71 Uniforms Pryor SeminapeCanser Track 58964 139.00 Professional Organizations MeetinglTraming/Membership Psomas 59017 4,531.72 Professional Services-Geographic Information System EXHIBITA nnrztwmm Page 5 of 8 WIMO13 Claims Paid From 9/1/13 to 9/15/13 Vendor Warrant No. Amount Description Pyramid Fence Company,Inc. 59173 3,560.00 Facilities,Maintenance,Services&Supplies Q Air-Calif.Div.Pump Engineering 59018 6,243.48 Repair&Maintenance Services and Supplies Quayle Consulting Inc. 59174 5,288.69 Computer Applications&Services Quinn Company 59019 89.10 Repair&Maintenance Services and/or Supplies Quinn Pourer Systems 59020 358.20 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Rabobank,Escrow Acct4272295573 59205 12,917.95 Construction Radwall International Inc. 59175 4,600.00 Repair&Maintenance Services and/or Supplies Rainbow Disposal Co. 59176 3,499.00 Waste Disposal Randstad Technologies,L.P. 59177 280.00 Computer Applications&Services RBF Consulting 59022 429.96 Professional Services/Enginaering Design Services Regents of the University of Calif. 59023 266.00 Meeting/Training Registration Rende Consulting Group,Inc. 59178 2,850.00 Professional Serdces/Engineenng Services Wintersburg Channel Restek Corp. 12H 427.05 Laboratory Services&Supplies pastel,Corp. 1283 406.85 Laboratory Services&Supplies Richard A.Stoneman Tr 59190 2,431.31 Connection Fees CFCC RMS Engineering&Design,Inc. 59024 560.00 Professional Services/Engineenng Design Services Rotork Controls,Inc. 59025 3,819.22 Electncal/Electionic Equipment,Parts&Repairs Rotork Controls,Inc. 59179 4,911.47 Electiicel/Electronic Equipment,Pads&Repairs Royal Wholesale Electric 59026 623.27 Repair&Maintenance Services and/or Supplies Royale Cleaners 59180 205.50 Miscellaneous Services RS Hughes Co.,Inc. 59027 104]1 Repair&Maintenance Services and/or Supplies $0.1ke FUIfiIIment Inc 59181 175.29 Autos.Trucks&Marine Equipment,Parts,Accessories&Services San Diego/Orange Fluid System Technologi 59028 1,543.80 Repair&Maintenance Services and/or Supplies San Diegc/Orange Fluid System Technologi 59182 110.93 Repair&Maintenance Services and/or Supplies SC Fuels 59029 282.36 Fuel and Lubricants SCP Science 59030 576.00 Laboratory Services&Supplies SCPLRC(Southern California Public Reis. 59031 200.00 Professional Organizations MeetingRraining/Membership Shamrock Supply Co.,Inc. 59032 760.60 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 59033 482.51 Repair&Maintenance Services and/or Supplies Siemens c/o Jensen Instrument Co. 59183 1,994.00 Electiicel/Electronic Equipment,Pads is Repels SkillPath 59164 134.00 Training SkillPath Seminars 590M 134.00 Professional Organization&MeetinglTraining Registration Snap On Industrial 59035 202.95 Tools Snap-On Equipment 59185 2,802.81 Repair&Maintenance Services and/or Supplies So.Cal Gas Company 59186 250.04 Utilities Southern California Edison M917 120,028.44 Utilities Southern California Edison 59187 2,516.84 Utilities Southland Water Technologies,L.L.C. 59036 1,720.64 Repair&Maintenance Services and/or Supplies Sperling Instruments,Inc. 59037 555.03 Electrical/Electronic Equipment,Pans&Repairs Spectraquest,Inc. 59188 2,121.00 Electrical/Electronic Equipment,Paris&Repairs Standard Automation and Control 59189 2,785.00 Computer Applications&Services Staples 59038 542.27 Office Supplies Summit Steel 12M 112.45 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 59039 20.91 Repair&Maintenance Services and/or Supplies TC Safety Supply,Inc. 59191 3,954.31 Safety,Security,Health Equipment,Supplies,and Services Tektronix Inc 59192 195.00 Instrument Repairs&Calibration Services TedAmence Ontano 1267 5,817.00 Laboratory Services&Supplies TestAmerica Ontano 1285 384.00 Laboratory Services&Supplies Thatcher Company Of California 59040 5,879.06 Chemicals,WatenWastewater Treatment EXHIBITA fnrzlWmm Page 6 of 8 WIMO13 Return to Amends Report Claims Paid From 9/l/13 to 9/15/13 Vendor Warrant No. Amount Description The Fire%-Tinguisher Service Co. 59126 158.00 Safety,Security,Health Equipment,Supplies,and Services Thompson Industrial Supply,Inc. 1268 870.57 Repair&Maintenance Services and/or Supplies Time Warner Communications 59NI 61.72 Telecommunications Tom B.Meregillano 59211 1,306.75 Meeting/Training Expense Reimbursement Total Resource Management,Inc. 59042 5,500.00 Professional Services/Implementation of IBM Maxim Trans U.S.Inc 59043 153.08 Repair&Maintenance Services and/or Supplies Tanscat 1269 5,173.61 Repair&Maintenance Services and/or Supplies Tadter PEE Inc M918 38,766.44 Repair&Maintenance Services and/or Supplies Tropical Plaza Nursery,Inc. 59044 12.877.50 Landscape Maintenance Services Tropical Plena Nursery,Inc. 59194 260.00 Landscape Maintenance Services Troy D.Edgar 59208 131.43 Meeting/Training Expense Reimbursement Tole Ranct✓Magan Farms 59074 2%,277.59 Biosohds Management TW Telecom Holdings,Inc. 59195 9,333.16 Telecommunications United Percel Service 59045 180.13 Freight Services United Parcel Service 59196 120.65 Freight Services United States Department Of The Treasury 59046 399.86 Judgments Payable Unity Scientific 59197 4,995.00 Laboratory Services&Supplies Universal Flooring Systems,Inc. 59198 1,075.00 Facilities,Maintenance,Services&Supplies US Equipment Co.,Inc. 59047 989.09 Repair&Maintenance Services and/or Supplies US Peroxide,L.L.C. 59199 20,711.86 Chemicals,WatenWasteerater Treatment USA Bluebook 59NB 695.28 Laboratory Services&Supplies Velin Corporation 1270 2,116.43 Repair&Maintenance Services and/or Supplies Valid Cooperation 12M 446.69 Repair&Maintenance Services and/or Supplies Valve Automation&Controls 59200 4,634.22 Repair&Maintenance Services and/or Supplies Venzon California 59049 644.21 Telecommunications Veriwn Wireless 59050 1,234.11 Telecommunications Vanoon Wireless 59201 47.11 Telecommunications Veme's Plumbing 59051 W6.95 Plumbing Services&Supplies Veme's Plumbing 59202 2,632.24 Plumbing Services&Supplies Voyager Fleet Systems,Inc. 59075 29,374.78 Autos,Trucks&Marine Equipment,Parts,Accessories&Services MR Scientific Products 59052 340.07 Laboratory Services&Supplies W.M.Lyles Co. 59078 245,441.05 Construction Water Environment Federation 59063 602.00 Professional Organiutions Meeting/Training/Membership Winds Sanitary Supply 59054 681.51 Janitor&Household Service&Supplies Wendy T.Sevenand, 59060 164.00 Meeting/Training Expense Reimbursement West Coast Arbonsts,Inc. 59203 1,375.00 Landscape Maintenance Services West Lite Supply Company,Inc. 59065 82.24 Electfical/Electronic Equipment,Pads&Repairs West Los Supply Company,Inc. 592N 24.81 EleciricaMlectronic Equipment,Pads&Repairs Winter Corporation 59056 761.17 Repair&Maintenance Services and/or Supplies Woodruff Spadlin&Smart M919 157,931.38 Professional Services-Legal %pedx,An International Paper Company 59067 1,634.18 Miscellaneous Supplies Total Accounts Payable-Warrants $ 4.677.996.22 Payroll Disbursements Employee Paychecks 51730 - 51767 $ 80,978.43 Bivreekly Payroll(WW13) Employee Paychecks 51768 - 51769 746.49 Interim Payroll-IDEA Checks(9/03/13) Direct Deposit Statements U2586-U3140 1,414,265.48 Bivreekly Payroll(9/04/13) Total Payroll Disbursements $ 1,495,990.40 EXHIBITA fnrzoWmm Page 7 of 8 Wi&Ra13 Claims Paid From 9/1/13 to 9/15/13 Vendor Warrant No. Amount Description Wire Transfer Payments OCSD Payroll Taxes 8 Contributions $ 801,627.80 Biseekly Payroll(9/04/13) Total Wire Transfer Payments $ 801,627.80 Total Claims Paid 9101113-9116113 $ 6,975,614.42 UHIBITA n�rzioimm Page 8 of 8 WIMO13 Return to America Report Claims Paid From 9/16/13 to 9/30113 Vendor Warrant No. Amount Description Accounts Payable Warrants A&J Sheet Metal,Inc. 59393 $ 1,685.45 Repair&Maintenance Services and/or Supplies Abel Scale,Inc. 59228 870.00 Repair&Maintenance Services and/or Supplies Absolute Standards,Inc. 59395 3,700.00 Laboratory Services&Supplies AccuStandaM 59396 3,485.36 Laboratory Services&Supplies A-Check America,Inc. 1289 217.50 Human Resources Services Adam P.Newsom 59372 1,265.15 Meeting/Tmining Expense Reimbursement Advanced Cooling Technologies 59397 574.00 Repair&Maintenance Services and/or Supplies AECOM Technical Services,Inc. 59229 13,946.13 Professional Services/Engineering Design Services Aerotek 59230 867.46 Professional ServicesRemporary Services Aerotek 59398 903.15 Professional Service Vremporary Services Agilent Technologies,Inc. 59231 2,659.50 Laboratory Services&Supplies Ago lndustdmDBA So-Cal Sweeping 59342 980.00 Street Sweeping Services Air Liquids lndusmal U.S.LP 59232 10,299.44 Laboratory Services&Supplies Air Liquids Industrial U.S.,LP 59399 11,"5.05 Laboratory Services&Supplies Airgas Safety,Inc. 12M 2,T13.44 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety,Inc. 13M 9,042.13 Safety,Security,Health Equipment,Supplies,and Services Airgas USA,LLC 1291 707.80 Laboratory Services&Supplies Airgas USA,LLC 1310 1,330.79 Laboratory Services&Supplies Alhambra Foundry Co.,Ltd. 59401 19,083.60 Repair&Maintenance Services and/or Supplies Ahmed Inc. 59233 131.95 Laboratory Services&Supplies All American Savior Tools 59402 2,731.67 Repair is Maintenance Services and/or Supplies Allied Packing&Rubber,Inc. 592M 168.76 Repair&Maintenance Services and/or Supplies Amazing Tents&Events 59235 1,937.00 Event Supplies American Concrete Institute 59236 76.50 Books and Publications American Express WL Related Svcs Co.,1 59237 5,089.92 Purchasing Card Program for Miscellaneous Travel Expenses American Integrated Services,Inc. 59217 1 ,623.95 Grit&Screenings Disposal American Payroll Association 59403 990.00 Professional Organiution&Meeting/Traming Registration Analysis,Inc. 59238 1,365.90 Repair&Maintenance Services and/or Supplies Ann H.Brendvoid 59518 347.32 Meeting/rrmning Expense Reimbursement AppleOne Employment Service 1292 1,199.20 Professional Services/Temporary Services Applied Industrial Technology 59239 663.24 Repair&Maintenance Services and/or Supplies Aquatic Biosystems,Inc. 59404 247.50 Laboratory Services&Supplies AIRS Enterprises,Inc. 59405 400.00 Laboratory Services&Supplies ASCE 59406 1,120.00 Professional Organizations MeetingRraining/Membership Ashbrook Simon Hartley Operations 59400 3,982.89 Repair&Maintenance Services and/or Supplies AT&T 59394 237.37 Telecommunications AT&T Mobility 11,LLC. 59407 199.99 Telecommunications AT&T Universal Biller 59240 153.72 Telecommunications AT&T 59241 37.00 Telecommunications AT&T Teleconference Services 59408 68.77 Telecommunications ATCC:Amer.Type Culture Collect 59409 249.00 Laboratory Services&Supplies Atkins North America 59411 13,%4.97 Professional Services/Engineering Design Services Awards&Trophies Company 59242 229.40 Awards and Framing Services Awards&Trophies Company 59412 63.73 Awards and Framing Services AWSI 59243 138.00 Professional Services-DOT Program Administration B&K Electric Wholesale 59244 573.26 Electrical/Electronic Equipment,Paris&Repairs Battery Specialties 59245 842.40 Batteries,Various Battery Systems,Inc. 59413 262.74 Repair&Maintenance Services and/or Supplies EXHIBITA fnrztwmm Page 1 of 8 IWMO13 Claims Paid From 9/16/13 to 9/30113 Vendor Warrant No. Amount Description BC Wire Rope&Rigging 59414 3,547.45 Tools&Supplies BEC-Building Electronic Controls,Inc 59246 5,626.22 Electrical/Electronic Equipment,Parts&Repairs BHI Management Consulting 59247 1,S00.00 Professional Servicae/S4ategic Planning Black&Veatch Corporation 59218 46,901.01 Professional Services/Engineenng Design Services Black&Veatch Corporation 59379 34,557.90 Professional Services/Engineering Design Services Blair-Martin Co.,Inc. 59415 4,250.00 Repair&Maintenance Services and/or Supplies B"Group 59248 5,750.00 Professional Financial Services Brea 9Owner LLC 59416 2,500.00 Miscellaneous Services Brown&Caldwell 59219 242.202.78 Professional Services/Engineering Design Services Bug Central 59249 295.00 Pest Control Services Bureau Ventas North America,Inc. 1293 6,473.05 Industrial Hygiene Services Bush&Associates,Inc. 59250 5,598.00 Professional Services/Surveying Services C.A.Short Company 59261 81.75 Safety,Security,Health Equipment,Supplies,and Services California Bank&Trust#201037519 59517 1,333.47 Construction California Dept.of Child Support 59252 2,524.58 Judgments Payable California Relocation Services,Inc. 59417 67.50 Miscellaneous Services-Moving/Relocation CALPELRA 59263 149.00 Professional Organizations Meeting/Training/Membership CALPELRA 59418 985.00 Professional Organizations Meetinglhaining/Membership Cal-Therm Inc. 59254 1,420.00 Repair&Maintenance Services and/or Supplies Caltrol,Inc. 59419 2,907.10 Electrical/Electronic Equipment,Parts&Repairs CAPPO,Inc 59420 78.00 Professional Organizations Meeting/Training/Membership COP Industries. 59255 5,260.50 Janitor&Household Service&Supplies CDN Isotopes 59256 3,295.00 Laboratory Services&Supplies Carmek Environmental,Inc. 59421 4,291.67 CEMS Maintenance Agreement Chem Search 59422 710.99 Repair&Maintenance Services and/or Supplies Chuck M.Forman 59371 1,424.30 Meeting/rmining Expense Reimbursement City of Fountain Valley 59380 145,P1.89 Permits City of Huntington Beach 59283 11.82 Water Use City of Santa Ana 59267 179.56 Coopem8ve Projects Reimbursement Program City of Seal Beach 59337 207.96 Water Use City of Westminster 59258 25.80 Water Use Clean Harbors Environmental Services 12N 8,792.05 Grit&Screenings;Hazard Waste Disposal Coastal Ignition and Controls,Inc. 59269 3,041.84 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Coastal Ignition and Controls,Inc. 59423 1,620.00 Autos.Trucks&Marine Equipment,Pars,Accessories&Services Columbia Analytical Services 59378 25,091.54 Laboratory Services&Supplies Commuter Van Conversion,Inc. 59424 135.00 Repair&Maintenance Services-Installation of ABTS Seat Belt Modules Connell Chevrolet\GEO 59260 245.51 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Connell Chevrolet\GEO 59425 334.74 Autos.Trucks&Madne Equipment,Pars,Accessories&Services Consolidated Electrical Distributors 59426 3,06.13 Electrical/Electronic Equipment,Parts&Repairs Consumers Pipe&Supply Co. 1295 1,089.35 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Co. 1311 679.02 Repair&Maintenance Services and/or Supplies Corner Bakery Onto(CBC) 59261 99.73 Catering Services CORRPRO Companies,Inc. 59381 31,966.50 Professional Service Vfemporary Services County of Orange Auditor Controller 59262 218.50 Governmental Agency Fees&Charges County of Orange Auditor Controller 59428 3,140.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 59429 793.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 59430 660.00 Governmental Agency Fees&Charges County Wholesale Electric Co. 59431 1,300.32 Electrical/Electronic Equipment,Parts&Repairs Court Order 59295 2,179.38 Judgments Payable EXHIBITA nnrzrwmm Page 2 of 8 1WMO13 Return to Adorns Report Claims Paid From 9/16/13 to 9/30113 Vendor Warrant No. Amount Description Court Order 59329 108.00 Judgments Payable Court Order 59367 912.50 Judgments Payable CR&R,Inc. 59263 1,720.45 Waste Disposal CS-AMSCO 592M 901.96 Repair&Maintenance Services and/or Supplies Culligan of Orange County 59432 58.55 Repair&Maintenance Services and/or Supplies CWEA Membership 59265 536.00 Professional Organizations Meetinglhaining/Membership CWEA Membership 59433 148.00 Professional Organizations MeetingRraining/Membership Dale Carnegie Training Of Orange County 594M 398.00 Professional Organizations Meeting/Traming/Membeiship David Cutoff 59266 225.00 Laboratory Services&Supplies Deaver Manufacturing Co. 59435 223.60 Autos.Trucks&Marine Equipment,Pads,Accessories&Services Detection Instruments Corporation 59267 3,112.85 ElectricMUElectronic Equipment,Pads&Repaire Emagined Security Inc. 59436 20,483.95 Professional Services/Secunty Software Program Consulting Employee Benefits Specialists,Inc. 59220 833,041.07 Reimbursed Prepaid Employee Medical&Dependent Care Employee Benefits Specialists,Inc. 59269 10,864.58 Reimbursed Prepaid Employee Medical&Dependent Care Employee Benefits Specialists,Inc. 59437 2,349.75 Reimbursed Prepaid Employee Medical&Dependent Care Employment Development Department 59438 14,407.00 Unemployment Insurance EMSL Analytical,Inc. 59439 3,393.00 Safety,Security,Health Equipment,Supplies,and Services Enchamer,Inc. 59270 800.00 Vessel Services-Monitoring Vessel Nedssa ENS Resources,Inc. 59440 5,500.00 Professional Services-Federal Advocacy Environ Strategy Consultants,Inc. 59441 3,350.00 Professional Services-Quarterly Sampling of Groundwater Monitoring Wells in the Auto Environmental Engineering&Contracting 59442 7,820.00 Professional Services/Specialty Course Audits Environmental Resource Associates 59271 987.46 Laboratory Services&Supplies Ewing Irrigation 59272 30.03 Irtigation Repair&Maintenance Services and/or Supplies Ewing Irrigation 59443 381.41 Irrigation Repair&Maintenance Services and/or Supplies Express Lens Lab 12M 1,934.00 Safety,Security,Health Equipment,Supplies,and Services Facility Process Solutions ConsuBing 59273 3,712.20 Professional Services/Biohickling Filter Inspection Services Feviola Miranda 59523 251.58 Meeting/Training Expense Reimbursement Feces Corporation 59444 130.10 Freight Services First American Comiagic 59427 138.00 Software Maintenance Agreement Fisher Scientific 59274 2,919.24 Laboratory Services&Supplies Fishing Boats Unlimited 59275 451.44 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Fountain Valley AAA Auto Spa 59276 1,175.10 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Fountain Valley Body Works 2 59268 320.28 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Franchise To.Board 59277 150.00 Judgments Payable Franklin Covey 59445 17.24 Office Supplies Fresno First Bank-Acm 100013307 59369 3,166.25 Construction,Retention Fresno First Bank-Acm 100013315 59388 50,116.15 Construction,Retention G&B Creative Solutions LLC 591 4,845.96 Printing and Publications Ganahl Lumber Company 59278 3,888.03 Facilities,Maintenance,Services&Supplies George Rivera 59374 252.57 Meeting/Training Expense Reimbursement Global Environmental Netvnrk Inc. 59447 1,650.00 Safety,Security,Health Equipment,Supplies,and Services Golden West Window Service 59279 432.00 Facilities,Maintenance,Services&Supplies Government Finance Officere Association 591 625.00 Professional Organizations Meeling/Training/Membemhip Grainger,Inc. 59280 303.66 Repair&Maintenance Services and/or Supplies Guarantee Records Management 59281 1,153.02 Professional Services-Document Storage&Shredding HDR Engineering,Inc. 59221 118,521.69 Professional Services/Enginaerng Design Services Hill Brothers 13M 1G3,392.99 Chemicals,Water/Wastewater Treatment Home Depot 59282 44.65 Miscellaneous Parts and Supplies Hyatt Legal Plans 592M 1,748.00 Professional Services-Legal EXHIBITA fn6lWmm Page 3 of 8 IWMO13 Claims Paid From 9/16/13 to 9/30113 Vendor Warrant No. Amount Description IHS Global Inc 59449 90.00 Books and Publications Indiana Child Support Bureau 59285 291 Judgments Payable Industrial Distribution Group 59286 77.25 Repair&Maintenance Services and/or Supplies Industrial Distribution Group 59450 98.29 Repair&Maintenance Services and/or Supplies Industrial Electric Machinery LLC 59287 2,883.72 Repair&Maintenance Services and/or Supplies Insight Public Sector,Inc. 59288 4,152.68 Computers,SofNvare/Hardware Insight Public Sector,Inc. 59451 5,414.39 Computers,Software/HaNware International Business Machines 59289 6,592.17 Computer Applications&Services Ind.Union of Oper Eng.AFL CIO Local 59290 4,677.23 Dues Deductions Intratek Computer,Inc. 59452 483.60 Network/Server/Printer Maintenance Services Invensys Systems,Inc. 1297 1,866.32 Electrical/Electronic Equipment,Pads&Repairs Ironman Pans&Services 59291 164.59 Repair&Maintenance Services and/or Supplies Irvine Ranch Water District 59463 85.29 Water Use Jays Catering 59292 1,TT4.71 Catering Services Jays Catering 59454 531.50 Catering Services Jobs Available,Inc. 59293 45.00 Notices&Ads John S.Anderson 59526 438.01 Meeting/Tmining Expense Reimbursement Johnstone Supply 592M 342.85 Repair&Maintenance Services and/or Supplies JP Morgan Chase Bank,NA 59222 60,659.78 Purchasing Card Program for Miscellaneous Parts and Supplies Kars Advance Materials,Inc. 59296 4,950.00 Repair&Maintenance Services and/or Supplies Keenan&Associates 59297 3,316.66 Professional Services/worker's Compensation Program Kemim Water Solutions 1288 40,581.04 Chemicals,Water/Wastevater Treatment Karim Water Solutions 1307 40,461.17 Chemicals,WaterMastewater Treatment Ken A.Sakamoto 59375 383.01 MeetingRreining Expense Reimbursement Kroll Cyber Security,Inc. 59298 7,217.86 Human Resource Services Lab Support 59299 8,162.14 Professional ServicesRemporary Services Laser Impressions,Inc. 59455 1,006.29 Facilities,Maintenance,Services&Supplies Lexis-Nexis 59300 6,440.00 Books&Publications On-Line Lai Perez 59373 145.00 Meeting/rmining Expense Reimbursement Lisa K.Haney 59521 488.75 Meeting/rreining Expense Reimbursement Los Angeles County 59456 2,378.50 Governmental Agency Fees&Charges Luccfs Gourmet Foods,Inc. 59457 37.94 Catering Services Mail Dispatch,LLC 59301 314.70 Mail Delivery Service Malcolm Firma,Inc. 59458 11,839.58 Professional Servires/Engineedng Design Services Marc A.Brown 59519 1,120.02 Meeting/Raining Expense Reimbumement Marvac Electronics 59302 19.87 Electrical/Electamic Equipment,Pans&Repairs Marvac Electronics 59469 30.23 Electrical/Electronic Equipment,Pads&Repairs Matheson To Gas,Inc. 59303 1,059.66 Laboratory Services&Supplies Matheson Td Gas,Inc. 59460 329.28 Laboratory Services&Supplies Maxim Security Systems 59461 2,101.63 Safety,Security,Health Equipment,Supplies,and Services McMaster-Carr Supply Co. 59304 187.26 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 59462 632.75 Repair&Maintenance Services and/or Supplies Mesa Consolidated Water District 59305 39.90 Water Use Michael T.Dorman 59520 214.50 Meeting/Training Expense Reimbursement Mine Safety Appliance 1312 1,537.47 Electrical/Electronic Equipment,Parts&Repairs Modus Ediscovery 59382 27,378.80 Professional Services-Legal Molecular Toxicology,Inc. 59463 113.05 Laboratory Services&Supplies Monterey Bay Aquarium Research Institute 59306 1,822.99 Professional Services/Ocean Monitoring Studies MSC Industrial Supply Co. 59464 366.44 Repair&Maintenance Services and/or Supplies EXHIBITA nnrztwmm Page 4 of 8 1WMO13 Return to Anemia Report Claims Paid From 9/16/13 to 9/30113 Vendor Warrant No. Amount Description MYlhics,Inc. 59465 441.64 Software-Perpetual License for Oracle Data Base-Enterprise Edition,Maim.&Support Ncompliance Services 59466 742.14 Professional Organizations Meetingaruning/Membership Neal Supply Co. 59307 129.60 Repair&Maintenance Services and/or Supplies Neopost USA Inc. 59467 63.54 Equipment Lease/Postage Meter NehwrkReet,Inc. 59308 3,723.30 Soffeare Maintenance Agreement Netes,kRinit,Inc. 59468 3,123.84 Sufferers Maintenance Agreement Na.*Electronics 59309 578.58 Electrical/Electronic Equipment,Parts&Repairs Norcal Controls Incorporated! 59310 1,279.78 Repair&Maintenance Services and/or Supplies OCEA 59311 692.25 Dues Deductible Office Depot 59312 259.02 Office Supplies Office Depot 59469 1,867.37 Office Supplies Office Team 59313 840.00 Professional Services/Temporary Services Office Team 59470 1,512.00 Professional Serviceed'emporary Services Olin Corporation 59471 22,943.54 Chemicals,WatenWasteeater Treatment Omega Industrial Supply,Inc. 59472 2,375.42 Janitor&Household Service&Supplies OneSoume Distributors,Inc. 59314 5,327.58 Elecidcal/Electronic Equipment,Pans&Repairs OneSource Distributors,Inc. 59473 2,926.70 Electrical/Electronic Equipment,Pads&Repairs Orange Coast Auto Body,Inc. 59474 2,126.22 Autos.Trucks&Marine Equipment,Parts,Accessories&Services Orange County Auto Pads 59475 475.22 Truck Supplies Orange County Hose Company 59315 7.29 Miscellaneous Pads and Supplies Orange County Sanitation District 59527 1,447.79 Petty Cash Expense Orange County Sheriff 59317 600.08 Judgments Payable Orange County United Way 59318 40.00 Employee Contributions PAC 59319 1,212.47 Laboratory Services&Supplies Pacific Mechanical Supply 12H 1,041.41 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 1313 2,336.02 Repair&Maintenance Services and/or Supplies Parker Supply Company 1314 11,796.62 Miscellaneous Pads and Supplies PBS&J 59410 8,600.00 Professional Servicee/Engineenng Design Services PCB Piezotimmes,Inc. 59320 140.59 Electrical/Electronic Equipment,Pads&Repairs PCB P,.Jonics.Inc. 59476 3,585.16 Electrical/Electronic Equipment,Pads&Remains Peace ORcere Council of CA 59321 2,035.50 Dues Deductions,Supervisors&Professionals Performance Pipeline Technologies 59322 6,400.00 Professional Services/CCTV Inspection/Semi ine Cleaning Performance Pipeline Technologies 59477 2,495.00 Professional Servicee/CCN Inspection/Semiline Cleaning PL Hawn Company,Inc. 59478 215.91 Repair&Maintenance Services and/or Supplies Polydyne,Inc. 1308 1P,414.87 Chemicals,Water/Wastewater Treatment Penton Industries,Inc. 59479 4,473.78 Laboratory Services&Supplies Port Supply 59480 22.26 Autos,Trucks&Marne Equipment,Parts,Accessories&Services Pdasur Distribution,Inc. 59323 391.35 Laboratory Services&Supplies Prexair Distribution,Inc. 59481 313.20 Laboratory Services&Supplies Primrose Ice Co.,Inc. 59324 131.25 Water&Ice Services Primrose Ice Co.,Inc. 59482 131.25 Water&Ice Services Promme Work Injury Carter 59325 330.00 Medical Services Projectline Technical Services,Inc. 59327 457.50 Professional Services/Engineering Design Services Projectline Technical Services,Inc. 59483 931.00 Professional Servicee/Engineenng Design Services Projects Partners 59326 7,184.58 Professional Serviceed'emporary Employment Services Propip,Professional Pipe Services 1305 1,550.00 Professional Sarvices/CCTV Sesadine Inspections Prodemial Overall Supply 1315 1,495.28 Uniforms Pump Action 594M 9,230.64 Oil Filters Putzmeister America,Inc. 59485 883.06 Repair&Maintenance Services and/or Supplies EXHIBITA nnrztwmm Page 5 of 8 10 MO13 Claims Paid From 9/16/13 to 9/30113 Vendor Warrant No. Amount Description Concluded Intelligence 59328 894.40 Professional Organiutions Meeting/Training/Membership Rainbow Disposal Co. 59330 3,499.00 West.Disposal Faced Engineering&Constroction Inc. 59383 32,716.00 Professtional Services/Scrubber Chemical Feed System Regents of Umv.of California 59331 750.00 Professional Services Rehab West,Inc. 59332 1,091.30 Human Resources Services Reliastar 59486 3,883.69 Voluntary Employee Life&Cancer Insurance Rentauata,L.L.C. 59333 139.31 Facilities,Maintenance,Services&Supplies Restek Corp. 12M 545.79 Laboratory Services&Supplies RMC Water and Environment 593M 10,387.70 Professional Services RMC Water and Environment 59487 3,293.55 Professional Services Robed C.Thompson 59524 W5.00 Meeting/Training Expense Reimbursement Robert G.Walker 59376 2,452.13 Meeting/Training Expense Reimbursement Robed G.Walker 59525 2,452.13 Meeting/mining Expense Reimbursement Robed Holdroad 59522 313.92 Meedinganiining Expense Reimbursement Robedo's Auto Trim Shop 59488 328.60 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Royale Cleaners 59489 47.70 Miscellaneous Services Safety Max 59490 487.82 Safety,Security,Health Equipment,Supplies,and Services San Diego/Ovinge Fluid System Technologi 59335 1,200.52 Repair Maintenance Services and/or Supplies San Diego/Orange Fluid System Technologi 59491 75.83 Repair&Maintenance Services and/or Supplies Sancon Engineering,Inc. 59223 43,622.50 Repair&Maintenance Services and/or Supplies Santiago A.Escobar 59370 125.00 Meeting/Tmining Expense Reimbursement Sari Security Services USA,Inc. 593M 30,526.62 Safety,Security,Health Equipment,Supplies,and Services Shamrock Supply Co.,Inc. 59338 163.30 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 59339 68.69 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 13M 1,479.49 Repair&Maintenance Services and/or Supplies Simon L.Widened 59377 457.85 MeetingRreining Expense Reimbursement Skater,Inc. 59340 8,950.00 Laboratory Services&Supplies So.Cal Gas Company 59341 18,070.79 Utilities South Coast At Quality Management Distr 59343 1,124.33 Governmental Agency Fees&Charges South Coast Environmental Co. 59336 765.00 Professional Services-Air Quality Monitoring Southern California Edison 59224 458,187.15 Utilities Southwest Concrete 59344 484.81 Repair&Maintenance Services and/or Supplies Sparkled-Dallas 59492 2,237.40 Miscellaneous Services Stanek Constructors Inc 59389 30,335.83 Construction Staples 59493 1,454.76 Once Supplies Statewide Traffic Safety&Signs 59494 280.80 Miscellaneous Pads and Supplies Sunset Industrial Pads 59345 321.84 Repair&Maintenance Services and/or Supplies SW RCS Accounting Office 59528 179.00 Governmental Agency Fes&Charges Synagro West,Inc. 59385 828,392.76 Biosolids Management TestAmerica Ontario 1301 1,861.00 Laboratory Services&Supplies Thatcher Company Of California 59225 42.173.37 Chemicals,WaterNyastewater Treatment Thatcher Company Of California 59386 53,814.84 Chemicals,WatinnWastewiter Treatment The Orange County Register 59316 3,700.00 Notices&Ads The Rochester Corporation 59495 1,507.29 ElectricaVElectronic Equipment,Paris&Repairs The Standard Insurance Company 59346 2,594.18 Disability Instance Theodore Robins Ford 591 524.53 Autos,Trucks&Marine Equipment,Pads,Accessories 8 Services Thermo Electron NOM America,L.L.C. 1302 185.75 Laboratory Services&Supplies Thermo Electron Nodh America,L.L.C. 1316 12,865.00 Laboratory Services&Supplies Thompson Industrial Supply,Inc. 1303 511.27 Repair&Maintenance Services and/or Supplies EXHIBITA nnrzrwmm Page 6 of 8 IWMO13 Return to Anemia Report Claims Paid From 9/16/13 to 9/30113 Vendor Warrant No. Amount Description Tiano Construction 59348 13,576.00 Facilities,Maintenance,Services&Supplies Titan Power Inc. 59496 937.01 Battery Replacement Tongs Lock&Safe Service&Sales 59349 1,650.89 Repair&Maintenance Services and/or Supplies Tongs Lock&Safe Service&Sales 59497 18.90 Repair&Maintenance Services and/or Supplies Toshiba Business Solutions USA Inc. 59498 1,893.47 Computers,Software/HaNWare&Managed Services Tobil-Wistem,Inc. 59499 961 Repair&Maintenance Services and/or Supplies Traci Inc. 59350 12,297.60 Computer Applications&Services Trans U.S.Inc 59351 90.98 Repair&Maintenance Services and/or Supplies Triad Pacific 59500 2,200.00 Freight Tula Ranch/Magan Farms 59387 311,501.84 Biosolids Management Two Wheels One Planet 59352 570.74 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Two Wheels One Planet 59501 13.76 Autos,Trucks&Manne Equipment,Parts,Accessories&Services U Line 59502 249.56 Miscellaneous Parts and Supplies U S Bank 59353 1,700.00 Annual COP Administrative Fee Ultra Scientific 59354 400.97 Laboratory Services&Supplies Ultra Scientific 59503 459.43 Laboratory Services&Supplies Union Bank of California 59365 960.01 Banking Services United Parcel Service 59356 453.90 Freight Services United Parcel Service 595N 266.19 Freight Services United States Department Of The Treasury 59357 399.86 Judgments Payable Universal Flooring Systems,Inc. 59368 486.00 Facilities,Maintenance,Services&Supplies US Peroxide,L.L.C. 59226 124,439.67 Chemicals,WatenWastewater Treatment Utility Systems,Science&Software Inc. 59505 7,725.00 Professional Services/Pharm.Pilot Protect Flow Monitoring Valve Automation&Controls 59506 919.48 Repair&Maintenance Services and/or Supplies Vapex Products,Inc. 59369 16.839.42 Electrical/Electronic Equipment,Parts&Repairs Vattern Industrial Systems,Lie 59507 12,588.93 Professional Services/Construction Consulting Services Veterinary Pet Insurance Company 59360 836.21 Employee Voluntary Benefits Village Nurseries 59361 524.87 Repair&Maintenance Services and/or Supplies Village Nurseries 59508 88.16 Repair&Maintenance Services and/or Supplies Vision Internet Providers,Inc 59362 1,050.00 Professional Services/VJeb Design Services Vortex Corp. 13N 1,854.72 Repair&Maintenance Services and/or Supplies Vortex Corp. 1317 1,737.40 Repair&Maintenance Services and/or Supplies W.M.Lyles Co. 59227 N.158.75 Consimdion W.M.Lyles Co. 59390 963,606.85 Construction Water Environment Federation 59509 374.00 Professional Organizations MeetingRraining/Membership WateReuse Association 59510 475.00 Professional Organizations Meetingnmining/Membeiship Winds Sanitary Supply 59511 732.58 Janitor&Household Service&Supplies Wayne Perry Inc 59512 1,900.00 Laboratory Services&Supplies West Life Supply Company,Inc. 59363 201.20 Electrical/Electronic Equipment,Pads&Repairs West Lite Supply Company,Inc. 59513 17.34 Electncal/Electronic Equipment,Paris&Repairs White Star Pools 59364 620.00 Repair&Maintenance Services and/or Supplies WPL Publishing 59514 369.00 Books&Publications Wumbus Corporation 59515 1,088.63 Safety,Security,Health Equipment,Supplies,and Services Xerox Corporation 1318 129.43 Computers,Software/HaNware&Managed Services Xylem Water Solutions 59365 1,579.71 Repair&Maintenance Services and/or Supplies Yale/Chase Materials Handling,Inc. 59366 157.57 Electrical/Electronic Equipment,&Electric Carl Parts&Repairs Yale/Chase Materials Handling,Inc. 59516 161.38 Electrical/Electronic Equipment,&Electric Cad Parts&Repairs Yoiba Linda Water District 59368 54.24 Utilities 24 Hour Fire Protection,Inc. 59392 127.50 Repair&Maintenance Services and/or Supplies EXHIBITA fn¢mi Page 7 of 8 IWMO13 Claims Paid From 9/16/13 to 9/30113 Vendor Warrant No. Amount Description Total Accounts Payable-Warrants $ 5,746,428.28 Payroll Disbursements Employee Paychecks 51770 - 51816 $ 8g952.86 Biweekly Payroll(9/18/13)' Employee Paychecks 51881 - 51883 8,773.74 Interim Payroll-Retirements 8 Resignations(9/26/13) Employee Paychecks 51884 - 51885 39,336.38 Interim Payroll-Leave Payouts(9/26/13) Direct Deposit Statements 343141-343710 1,409,511.50 Biweekly Payroll(9/18/13) Total Payroll Disbursements $ 1,542,574.4B 'Check numbers 51817-51880 to W used in future period Wire Transfer Payments OCSD Payroll Taxes,&Contributions $ 798,471.68 Biweekly Payroll(9118/13) Union Bank of California 10,198.56 Workers'Compensation Services(9/16/13) J R Filanc Construction 2,070,728.99 Consimdion Pl-100IPP39 WIRET(9/26113) Magnus Pacific Corporation 1,227,466.50 Construction 5-58D1PP5(9116113) Total Wire Transfer Payments $ 4,106,865.73 Total Claims Paid 9116113-9130113 $ 11,391 3 EXIBIT 1,111r Page 8 of 8 IWMO1 m 3 ITEM NO. 2A Orange County Sanitation District MINUTES BOARD MEETING September 25, 2013 1 SANITgTj�y Q ? ¢ e� o � Fcl�N HE ENv�� Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 09/2W13 Minutes of Board Meeting Page 1 of 8 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on September 25, 2013, at 6:30 p.m., in the Administration Building. Director Curry delivered the invocation and led the Pledge of Allegiance. The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS A Troy Edgar, Chair Richard Murphy X John Anderson, Vice Chair Gene Hernandez X Tom Beamish Rose Espinoza X David Benavides Sal Tinajero X Steven Choi Christina Shea X Keith Curry Rush Hill X Tyler Diep AI Krippner X James M. Ferryman Bob Ooten X Steven Jones Kris Beard X Peter Kim Gerard Goedhart X Lucille Kring Jordan Brandman X Michael Levitt Gordon Shanks X Brett Murdock Roy Moore X Steve Nagel Mark McCurdy X Prakash Narain Doug Bailey X Scott Nelson Constance Underhill X Janet Nguyen Shawn Nelson X John Nielsen Jerry Amante X Brad Reese Greg Mills X Gregory Sebourn Jan Flory Joe Shaw X Joe Carchio X David Shawver Carol Warren X Fred Smith Steve Berry X Teresa Smith Mark Murphy X John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Nick Kanetis, Director of Engineering, Nick Arhontes, Director of Facilities Support Services; Ed Torres, Director of Operations and Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Jeff Reed, Director of Human Resources; Maria E. Ayala, Clerk of the Board; Janine Aguilar, Jennifer Cabral; Jim Colston; Norbert Gaia; Kelly Lore; Rich Spencer, and Paula Zeller. OTHERS PRESENT: Brad Hogin, General Counsel, and Jim Ruth, Consultant. 09125 13 Minutes of Board Meeting Page 2 of 8 PUBLIC COMMENTS: None. REPORTS: John Anderson, Board Vice-Chair, reported on the recent OCSD VIP (Volunteer Incentive Program) event. General Manager, Jim Herberg, reported on various items from his monthly status report, including: a chemical fire near the Santa Ana River; Plant Tours for foreign officials from Abu Dhabi and China; Coastal Clean-Up Day; Nick Kanetis presenting at WACO; Lorenzo Tyner presenting at the OCERS Directors' Meeting; etc. Mr. Herberg also announced that his workplan for the next fiscal year is on the agenda tonight for the Board's approval. He also reminded the Board that the next GWRS Committee Meeting will be held on Monday and the second Board Workshop will be held on October 2. He also announced that the OCSD CIP Annual Report was being provided tonight to the Board in their meeting folders for their information. RATIFICATION OF PAYMENT OF CLAIMS: 1. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 08/15/13 08/31/13 Totals $7,238,119.99 $9,244,149.29 Directors Curry, Diep, Nguyen, Nielsen, and Alternate Director Carchio. CONSENT CALENDAR: 2. A. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular Board Meeting held on August 28, 2013; and B. Approve minutes for the Special Board Meeting held on September 11, 2013. 3. A. MOVED, SECONDED, AND DULY CARRIED: Receive and file the General Manager's FY 2012—2013 Work Plan Year-End Report; and B. Approve the General Managers FY 2013—2014 Work Plan 09125113 Minutes of Board Meeting Page 3 of 8 4. A. MOVED, SECONDED, AND DULY CARRIED: Approve a decrease in the budget for Plant Water System Rehabilitation at Plant No.1, Project No. P1-112, by$475,000 for a total project budget of$9,094,000; and B. Approve an increase in the budget for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, by $475,000 for a total project budget of$4,484,000; and C. Approve plans and specifications for Plant Water System Rehabilitation at Plant No. 1, Project No.P1-112, and Plant Water System Rehabilitation at Plant No. 2, Project No. 132-101, on file at the Office of the Clerk of the Board; and D. Approve Addendum Nos. 1, 2, and 3 to the plans and specifications; and E. Receive and file bid tabulation and recommendation; and F. Award a construction contract to W. M. Lyles Co. for Plant Water System Rehabilitation at Plant No. 1, Project No. P1-112, and Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, for a total amount not to exceed $6,038,000; and G. Approve a contingency of $374,300 (10%) for Plant Water System Rehabilitation at Plant No. 1, Project No. P1-112; and H. Approve a contingency of $275,400 (12%) for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101. STEERING COMMITTEE: 5. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering Committee Meeting held on August 28, 2013. OPERATIONS COMMITTEE: 6. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of September 4, 2013, Operations Committee meeting. 7. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Services Agreement with Black & Veatch Corporation for providing Gas Facilities Study for Plants 1 & 2, Project No. SP-141, for an amount not to exceed $665,021; and B. Approve a contingency of$13,306 (2%) 09/2W13 Minutes of Board Meeting Page 4 of 8 8. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Consultant Services Agreement with Carollo Engineers to provide construction support services for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, for an amount not to exceed $225,108; and B. Approve a contingency of$22,511 (10%). Director Sebourn abstained. ADMINISTRATION COMMITTEE: 9. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the September 11, 2013 Administration Committee Meeting. Alternate Director Carchio abstained. 10. MOVED, SECONDED, AND DULY CARRIED: Receive and file report of reimbursements to Board Members and Staff per Government Code 53065.5 for the period July 1, 2012 through June 30, 2013. Director Nguyen and Alternate Director Carchio abstained. 11. A. MOVED, SECONDED, AND DULY CARRIED: Approve the Electronic Recording Memorandum of Understanding (MOU) with the County of Orange, Clerk-Recorder's office; and B. Authorize the Clerk of the Board, or her designee, to transmit/record any and all required Orange County Sanitation District real property documents in an electronic format. Director Nguyen and Alternate Director Carchio abstained. 12. A. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 13-14, authorizing the execution and delivery by the Orange County Sanitation District of an Installment Purchase Agreement, a Trust Agreement and a Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Revenue Refunding Certificate Anticipation Notes, Series 2013A, authorizing the execution and delivery of such Notes evidencing principal in an aggregate amount of not to exceed $135,000,000, approving a Notice of Intention to Sell, authorizing the distribution of an Official Notice Inviting Bids and an Official Statement in connection with the offering and sale of such Notes and authorizing the execution of necessary documents and related actions; and 09/2W13 Minutes of Board Meeting Page 5 of 8 B. That the Orange County Sanitation District Financing Corporation approve the documents supporting and authorizing the Notes in an aggregate amount not to exceed $135,000,000. Director Curry and Alternate Director Carchio abstained. 13. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Services Agreement with enfoTech & Consulting, Inc., Specification CS- 2012-52513D, for Implementation of a Commercial-off-the-shelf Pretreatment Information Management System, for an amount not to exceed $749,993; and B. Approve first year technical support and maintenance for the amount of $65,266; and C. Approve a contingency of$81,526 (10%). Alternate Director Carchio abstained. Director Nelson arrived to the meeting at 6:44 p.m. The Board meeting recessed at 6:44 p.m. . . . . . . . . . . . . . . . . . . . . . ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION CALL TO ORDER: Vice-Chair Anderson called the Board of Directors, Orange County Sanitation District Financing Corporation meeting to order at 6:44 p.m. ROLL CALL: Maria E. Ayala, Clerk of Board, announced that the members of the Orange County Sanitation District Board of Directors are each being compensated $212.50 for the Board Meeting; there is no additional compensation for the Financing Corporation Meeting. ACTIVE DIRECTORS ALTERNATE DIRECTORS A Troy Edgar, Chair Richard Murphy X John Anderson, Vice Chair Gene Hernandez X Tom Beamish Rose Espinoza X David Benavides Sal Tinajero X Steven Choi Christina Shea X Keith Curry Rush Hill X Tyler Diep At Krippner 09/2"3 Minu[ of Boat Meeting Page 6 of 8 X James M. Ferryman Bob Ooten X Steven Jones Kris Beard X Peter Kim Gerard Goedhart X Lucille Kring Jordan Brandman X Michael Levitt Gordon Shanks X Brett Murdock Roy Moore X Steve Nagel Mark McCurdy X Prakash Narain Doug Bailey X Scott Nelson Constance Underhill X Janet Nguyen Shawn Nelson X John Nielsen Jerry Amante X Brad Reese Greg Mills X Gregory Sebourn Jan Flory Joe Shaw X Joe Carchio X David Shawver Carol Warren X Fred Smith Steve Berry X Teresa Smith Mark Murphy X John Withers Douglas Reinhart APPROVAL OF MINUTES: MOVED, SECONDED, AND DULY CARRIED: If no corrections or amendments are made, the minutes for the meeting held on September 26, 2012, will be deemed approved and be so ordered by the Vice-Chair. ACTION ITEM: MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. FC-20, a resolution of the Board of Directors of the Orange County Sanitation District Financing Corporation Authorizing the Execution and Delivery by the Corporation of an Installment Purchase Agreement and a Trust Agreement in Connection with the Execution and Delivery of Orange County Sanitation District Revenue Refunding Certificate Anticipation Notes, Series 2013a, Authorizing the Execution and Delivery of Such Notes Evidencing Principal in an Aggregate Amount of not to Exceed $135,000,000 and Authorizing the Execution of Other Necessary Documents and Related Actions. (See Agenda Report for Item No. 12) Director Curry abstained. The meeting of the Board of Directors, Orange County Sanitation District Financing Corporation adjourned at 6:46 p.m. . . . . . . . . . . . . . . . . . . The meeting of the Board of Directors, Orange County Sanitation District reconvened at 6:46 p.m. 09/2W13 Minutes of Board Meeting Page 7 of 8 CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(1), 54956.9(d)(4), and 54957.6. The Board convened in closed session at 6:49 p.m. to discuss seven items. 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 7:10 p.m. Director Nagel recused himself from Closed Session Item #134. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: Brad Hogin, General Counsel, reported out that the Board reached a unanimous decision to authorize General Counsel to appear and defend the interest of the district in regards to Closed Session Item No. B3 and B4. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Nguyen provided a brief report on the County's position regarding local elected officials being appointed to the OCERS Board. ADJOURNMENT: The Chair adjourned the meeting at 7:15 p.m. until the Special Board Meeting on October 2, 2013 at 6:00 p.m. Maria E. Ayala, Clerk of the Board 09/2W13 Minutes of Board Meeting Page 8 of 8 ITEM NO. 26 Orange County Sanitation District MINUTES SPECIAL MEETING 2013 Strategic Plan Board Workshop October 2, 2013 ANITgT� 9 = L'1 � 9 O y Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708-7018 10/02/13 Minutes of Board Workshop Page 1 of 4 ROLL CALL A Special Meeting of the Board of Directors of the Orange County Sanitation District was held on October 2, 2013 at 6:00 p.m., in the District's Administrative Offices. Active and alternate Directors present were as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Troy Edgar, Chair X Richard Murphy X John Anderson, Vice Chair X Gene Hernandez X Tom Beamish X Rose Espinoza X David Benavides Sal Tinajero X Steven Choi X Christina Shea A Keith Curry Rush Hill X Tyler Diep Al Krippner X James M. Ferryman X Bob Ooten -XI Steven Jones Kris Beard X Peter Kim Gerard Goedhart X Lucille Kring Jordan Brandman X Michael Levitt Gordon Shanks X Brett Murdock X Roy Moore X Steve Nagel X Mark McCurdy X Prakash Narain Doug Bailey A Scott Nelson X Constance Underhill X Janet Nguyen Shawn Nelson X John Nielsen Jerry Amante X Brad Reese Greg Mills X Gregory Sebourn Jan Flory X Joe Shaw X Joe Carchio A David Shawver Carol Warren X Fred Smith Steve Berry X Teresa Smith Mark Murphy X John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Nick Kanetis, Director of Engineering; Nick Arhontes, Director of Facilities Support Services; Jeff Reed, Director of Human Resources; Ed Torres, Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Maria Ayala, Clerk of the Board; Jennifer Cabral; Dean Fisher; Norbert Gala; Al Garcia; Rich Spencer; and Rob Thompson. 10/02/13 Minutes of Board Workshop Page 2 of 4 OTHERS PRESENT: Brad Hogin, General Counsel; Brent Ives, Consultant. PUBLIC COMMENTS None. Opening Remarks: Chair Edgar welcomed everybody to the second workshop and briefly reviewed the meeting's agenda. Strategic Goals 2007-2013 General Manager, Jim Herberg, summarized the work accomplished in the first strategic plan workshop from September 11; he also outlined the strategic initiatives that would be presented tonight. He announced that the Board can expect a completed and formal Strategic Plan to be brought before the Board for approval at the November or December Board Meeting. Mr. Herberg introduced Brent Ives. Mr. Ives would be facilitating tonight's workshop. Mission and Vision Statements Mr. Ives presented the Board with the draft Vision Statement. This draft incorporated the input of the Board from Workshop #1. Strategic Initiatives: Members of the Executive Management Team presented information on eight key issues: 1) Legislative Advocacy and Public Outreach (Bob Ghirelli); 2) Future Biosolids Management Options (Nick Kanetis): 3) Odor Control (Nick Kanetis); 4) Future Water Recycling Options (Nick Kanetis); 5) Cessation of Disinfection of OCSD's Ocean Discharge (Ed Torres); 6) Local Sewer Transfers (Nick Arhontes); and 7)Workforce Planning and Workforce Development (Jeff Reed). The Board held brief dialogue after each presentation, with staff responding to questions. Mr. Herberg concluded the presentations by giving a brief overview of the General Manager's Workplan for the next fiscal year. Mr. Herberg also reported on the District's asset management program and other operational efficiencies. 10/02/13 Minutes of Board Workshop Page 3 of 4 CONCLUSION Mr. Ives concluded the meeting by summarizing the strategic initiatives, and the next steps. The strategic initiatives and new vision statement will be compiled into a new Strategic Plan, and will be brought to the Board for approval at a future meeting. Chair Edgar thanked the staff for their presentations, and thanked the Directors and Alternate Directors for attending. ADJOURNMENT: The Chair adjourned the meeting at 8:00 p.m. until the next regular meeting on October 23, 2013, at 6:30 p.m. Maria E. Ayala, Clerk of the Board 10/02/13 Minutes of Board Workshop Page 4 of 4 BOARD OF DIRECTORS Meeting Date I TO Bd.of Dir. — 1O/23/13 AGENDA REPORT ItemNumber Item Number a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Wendy Sevenandt SUBJECT: BOILER SYSTEM REHABILITATION AND SCRUBBERS H & I DEMOLITION AT PLANT NO. 2, PROJECT NO. P2-106 GENERAL MANAGER'S RECOMMENDATION A. Approve Plans and Specifications for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, on file at the Office of the Clerk of the Board; and B. Approve Addendum Nos. 1 and 2 to the plans and specifications; and C. Award a construction contract to Irwin Industries for the Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, for a total amount not to exceed $1,472,993; and D. Approve a contingency of$147,299 (10%). SUMMARY Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, will replace feedwater and burner systems at the existing boilers at Plant No. 2 and demolish H & I Scrubbers including associated equipment, ductwork, piping, and electrical systems. This work was designed by Dudek & Associates, Inc. (Dudek) and the design was completed in July 2013. The Orange County Sanitation District (Sanitation District) advertised for bids on August 6, 2013. Two sealed bids were received on September 19, 2013. The bids were evaluated in accordance with the Sanitation District policies and procedures. Irwin Industries was deemed the lowest responsive, responsible bidder. Staff recommends awarding a construction contract to Irwin Industries for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, for a total amount not to exceed $1,472,993. Page 1 of 2 Summary information on the bid opening for the Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, is as follows: Project Budget $ 2,906,000 Construction Contract Budget $ 1,600,000 Engineer's Estimate $ 1,600,000 Lowest Responsive, Responsible Bid $ 1,472,993 High Bid $ 2,440,309 Bidder Amount of Bid Irwin Industries $ 1,472,993 Environmental Construction, Inc. $ 2,440,309 PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION None. CEQA A Notice of Exemption was filed and recorded on April 14, 2011. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (Line item: FY 2013-14 Update, Page A-10) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency 10/23/13 $1,472,993 $147,299 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package and attachments: • Construction Contract NK:WS:dm:gc Page 2 of 2 Return to Aaenda Report PART A CONTRACT AGREEMENT C-CA-071913 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS..................................................................1 SECTION -2 MATERIALS AND LABOR.................................................................4 SECTION -3 PROJECT..........................................................................................5 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION -6 TIME IS OF THE ESSENCE .............................................................5 SECTION -7 EXCUSABLE DELAYS......................................................................6 SECTION -8 EXTRA WORK...................................................................................6 SECTION -9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................8 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................10 SECTION - 13 COMPLETION.................................................................................10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS ............................................................................13 SECTION - 16 INSURANCE....................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................21 SECTION - 18 TERMINATION................................................................................21 SECTION - 19 WARRANTY....................................................................................22 SECTION -20 ASSIGNMENT.................................................................................23 SECTION -21 RESOLUTION OF DISPUTES ........................................................23 SECTION -22 SAFETY& HEALTH ........................................................................23 SECTION -23 NOTICES.........................................................................................24 C-CA-071913 Return to Aaenda Report CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H & I DEMOLITION AT PLANT NO. 2 THIS AGREEMENT is made and entered into, to be effective, October 23, 2013, by and between Irwin Industries, hereinafter referred to as"CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION-1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 1 of 25 A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions—Definitions. 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids—the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report(GBR), if attached as a Contract Document I. Plans and Specifications—in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans H. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR'S Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or C-CA-071913 PROJECT NO. P2-10e BOILER SYSTEM REHABILITATION AND SCRUBBERS H R I DEMOLITION AT PLANT NO.2 CONFORMED Page 2 of 25 Return to Aaenda Report specified shall be the same as similar parts that are shown or specified, or as directed. Full-size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. C. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR's attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD's C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 3 of 25 ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION-2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. C-CA-071913 PROJECT NO. P2-10e BOILER SYSTEM REHABILITATION AND SCRUBBERS H R I DEMOLITION AT PLANT NO.2 CONFORMED Page 4 of 25 Return to Aaenda Report SECTION-3 PROJECT The Project is described as: PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H & I DEMOLITION AT PLANT NO. 2 SECTION -4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H & I DEMOLITION AT PLANT NO. 2 Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION—5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within 480 calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes 10 calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. In addition, CONTRACTOR shall accomplish such milestones within the periods of performance set forth in Appendix A of the Special Provisions entitled "Work Completion Schedule." SECTION—6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 5 of 25 and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION—7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay" and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. SECTION—8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General C-CA-071913 PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H R I DEMOLITION AT PLANT NO.2 CONFORMED Page 6 of 25 Return to Aaende Report Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD's ENGINEER. The decision of the ENGINEER shall be final. SECTION-9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes'. SECTION — 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 7 of 25 SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of One Million Four Hundred Seventy-Two Thousand Nine Hundred Ninety-Three Dollars ($1,472,993) as itemized on the Attached Exhibit"A". Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but not limited to Sections entitled "Mobilization Payment Requirements"and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as C-CA-071913 PROJECT NO. P2-108 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 8 of 25 Return to Aaenda Report required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work—General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OCSD's ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment" means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount"for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions—"Retained Funds; Substitution of Securities." C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 9 of 25 SECTION-12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 at seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." SECTION—13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION-14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailina Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be C-CA-071913 PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 10 of 25 Return to Aaende Report performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this public works Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00)for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Apprentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more. E. Workdav: In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight(8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 11 of 25 seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of Twenty-five Dollars ($25.00)for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. F. Record of Waaes: Insoection: CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its Subcontractors do the same. All payroll records shall be certified as accurate by the applicable CONTRACTOR or Subcontractor or its agent having authority over such matters. CONTRACTOR further agrees that its payroll records and those of its Subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non- compliance with the requirements of Section 1776 may be deducted from Project payments per the requirements of Section 1776. C-CA-071913 PROJECT NO. P2-10e BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 12 of 25 Return to Aaenda Report SECTION— 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel—one in the amount of one hundred percent(100%)of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%)of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION—16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 13 of 25 its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD premises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General C-CA-071913 PROJECT NO. P2-10e BOILER SYSTEM REHABILITATION AND SCRUBBERS H R I DEMOLITION AT PLANT NO.2 CONFORMED Page 14 of 25 Return to Aaende Report Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. A. Limits of Insurance 1. General Liability: Five Million Dollars ($5,000,000) per occurrence and a general aggregate limit of Five Million Dollars ($5,000,000)for bodily injury, personal injury and property damage. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Five Million Dollars ($5,000,000) per occurrence and a general aggregate limit of Five Million Dollars ($5,000,000)which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 15 of 25 f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. 2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Either(1)a combined single limit of One Million Dollars ($1,000,000) and a general aggregate limit of One Million Dollars ($1,000,000)for bodily injury, personal injury and property damage; Or alternatively, (2) One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella C-CA-071913 PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 16 of 25 Return to Aaentle Report excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Worker's Compensation/Employer's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California, including employer's liability with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage with regard to Jones Act claims. Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b)did not pay the insurance premium, C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 17 of 25 directly or indirectly, and (c)whether or not such individual or entity has an insurable interest in the property damaged. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for C-CA-071913 PROJECT NO. P2-10e BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 18 of 25 Return to Aaenda Report non-payment of premium except after ten (10)days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20) days prior to the effective date of the change(s). The letter must be signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s)will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20)days written notice. Further, OCSD will C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 19 of 25 require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations and work. OCSD and any public agency issuing permits for the Project must be named as "Additional Insured"on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25-S (7/97) C-CA-071913 PROJECT NO. P2-10e BOILER SYSTEM REHABILITATION AND SCRUBBERS H R I DEMOLITION AT PLANT NO.2 CONFORMED Page 20 of 25 Return to Agenda Report 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 C. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement SECTION-17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". SECTION-18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or"Termination for Convenience", provided that no termination C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 21 of 25 may be effected unless proper notice is provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be made at the time and in the manner provided in the General Conditions, "Termination for Default" and "Termination for Convenience". SECTION-19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD's designs, Drawings and Specifications. The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final Completion" that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any corrected deficiency until the later of(1)the remainder of the original one-year warranty period; or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state C-CA-071913 PROJECT NO. P2-10e BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 22 of 25 Return to Aaende Report law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. SECTION-20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION — 21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION—22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 23 of 25 SECTION-23 NOTICES Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin &Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: Irwin Industries 1580 West Carson Street Long Beach, CA 90810 Copy to: Quinton Karst, President Irwin Industries 1580 West Carson Street Long Beach, CA 90810 C-CA-071913 PROJECT NO. P2-10e BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 24 of 25 Return to Aaende Report IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Irwin Industries 1580 West Carson Street Long Beach, CA 90810 By Printed Name Its CONTRACTOR's State License No. 429593 (Expiration Date— 10/3112014) OCSD: Orange County Sanitation District By Chair, Board of Directors By Clerk of the Board By Contracts, Purchasing and Materials Management Division Manager C-CA-071913 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 25 of 25 EXHIBIT A SCHEDULE OF PRICES C-EXA-071012 Return to Aaenda Report TABLE OF CONTENTS EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION ..............................................................................1 EXA-2 PROGRESS PAYMENTS....................................................................................1 EXA-3 RETENTION AND ESCROW ACCOUNTS .........................................................1 EXA-4 STOP PAYMENT NOTICE ..................................................................................3 EXA-5 PAYMENT TO SUBCONTRACTORS..................................................................3 EXA-6 PAYMENT OF TAXES.........................................................................................3 EXA-7 FINAL PAYMENT ................................................................................................4 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.....5 ATTACHMENT 1 CERTIFICATION FOR REQUEST FOR PAYMENT........................7 ATTACHMENT 2 SCHEDULE OF PRICES ...........................................................8 C-EXA-071012 EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement—Section 11 —"Contract Price and Method of Payment;" 2. General Conditions—"Payment—General"; 3. General Conditions—"Payment—Applications for Payment"; 4. General Conditions—"Payment— Mobilization Payment Requirements;" 5. General Conditions—"Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions—"Contract Price Adjustments and Payments"; 7. General Conditions—"Suspension of Payments"; 8. General Conditions—"OCSD's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions— "Retained Funds; Substitution of Securities". In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. C-EXA-071012 PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 1 of 8 Return to Aaenda Report B. Substitution of Securities: CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." Payment of Escrow Agent: In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20)calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-071012 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 2 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%)of the amount claimed under any stop payment notice under Civil Code§9350 at. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code§9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7)days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code§7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. C-EXA-071012 PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 3 of 8 Return to Aaenda Report EXA-7 FINAL PAYMENT After Final Acceptance of the Work, as more particularly set forth in the General Conditions, "Final Acceptance and Final Completion", and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions—"Final Payment", a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including: a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor(per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or fled in connection with the Work. Prior progress payments shall be subject to correction in OCSD's review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR'S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon C-EXA-071012 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 4 of 8 acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been fled with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty (30) calendar days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims. 5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that: a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment; b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c. All warranties are in full force and effect, and; d. The releases and the warranties shall survive Final Payment. 6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%)of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein. 7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract(per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138)within thirty (30)days of receipt of Final Payment. EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; C-EXA-071012 PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 5 of 8 Return to Aaenda Report 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; 3. A previous payment or portion thereof for Work was improperly made. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. C-EXA-071012 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 6 of 8 ATTACHMENTI CERTIFICATION FOR REQUEST FOR PAYMENT I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date C-EXA-071012 PROJECT NO. P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 7 of 8 Return to Aaenda Report ATTACHMENT SCHEDULE OF PRICES See next pages for Bid Submittal Forms (Irwin Industries): BF-14 Schedule of Prices, Pages 26-27 C-EXA-071012 PROJECT NO.P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2 CONFORMED Page 8 of 8 Bid Submitted By: Irwin Industries (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General -. Furlloft.P_uces,itisundemtoodthaUhefollowing-quantifies.are.approximateonly-end-ar - - solely for the purpose of estimating the comparlson of Bids, and that the actual value of work will be computed based upon the actual quantities in the completed Work,whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OCSD via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately pdco and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which,in summary, provides that the total price for each Item shall be based on the Unit Pdco listed for each item multiplied by the quantity; and the correct Total Prim for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall Include all costs to complete the Work, including profit, overhead. etc.,unless otherwise specified in the Contract Documents. All aoglkable sales taxes state and/or federal and any other special taxes patent rights or royalties shall be included in the prices quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL AMOUNT OF BID'LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW. Note 1: Base Bid. Includes all costs necessary to fumish all labor, materials,equipment and services for the construction of the Project per the Contract Documents. G-BF-041013 PROJECT NO,P2-106 BOILER SYSTEM REHABILITATION AND SCRUBBERS H 81 DEMOLITION AT PLANT NO.2 Page 26 of 27 ` Return b Mends Repod Bid Submitted By: Irvin Industries (Name of Firm) EXHIBIT A SCHEDULE OF PRICES Refer to Note 1 in the Instructions: Item Approx. Item Unit Total No. Oty. Price Price 1. Lump Mobilization in accordance vdth General Conditions, Sum Payment-Mobilization Payment Requirements,for the lump sum price of... L.S. $ 50,000.00 2. Lump Furnish all labor,materials,and equipment and Sum services,except for Item No. 1 above for the construction of, PROJECT NO. P2-106, BOILER SYSTEM REHABILITATION AND SCRUBBERS H&I DEMOLITION AT PLANT NO.2,for the lump sum price of... L.S. $ 1,422,993.00 TOTAL AMOUNT OF BID(BASIS OF AWARD) $ 1,472,993.00 �... PROJECT NO.122-100 NO.2 BOILER SYSTEM REHABILITATION AND SCRUBBERS H 81 DEMOLITION AT PLANT N0.2 Page 27 cf 27 BOARD OF DIRECTORS Meeting Dare Toel Dir. — ro/zs/is AGENDA REPORT em Number Item Numbe a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Daisy Covarrubias SUBJECT: PROPOSED DETACHMENT NO. DD13-10— LAGUNA WOODS DETACHMENT GENERAL MANAGER'S RECOMMENDATION A. Authorize staff to detach 171.55 acres from the Orange County Sanitation District in the vicinity of Laguna Canyon Road, within the City of Laguna Woods; and, B. Adopt Resolution No. OCSD 13-15, authorizing initiation of proceedings to detach said territories from the Orange County Sanitation District service area (Proposed Detachment No. DID 13-10— Laguna Woods Detachment). SUMMARY Staff is requesting to detach an area totaling 171.55 acres from the Orange County Sanitation District (OCSD) service boundary. The area, formally an unincorporated county area known as Laguna Laurel, was annexed to the City of Laguna Woods in April 2008. This action is to correct an oversight in the original boundary movement. The City boundary was moved and the Sanitation District boundary was not considered at that time. Per the City of Laguna Woods General Plan, the entirety of the area has been designated open space which is consistent with a conservation easement recorded in December of 2001 by the previous land owner, the Irvine Company. The land is currently owned by the County of Orange. Development in this area will be limited to the provisions of the conservation easement and include minor construction such as fences, gates, and information signs. The detachment of this area from OCSD service boundary will not financially impact OCSD or the property owners or disrupt service in any way. Irvine Ranch Water District (IRWD) is the regional sewer service provider and local sewer service is provided by the City of Laguna Woods. PRIOR COMMITTEE/BOARD ACTIONS N/A Page 1 of 2 ADDITIONAL INFORMATION Health and Safety Code Section 4730.65 states that each city located wholly or partially within OCSD's boundary shall have representation by a council member on OCSD's Board. The code does not specify if it pertains to only those cities within OCSD's boundary at the time Section 4730.65 was adopted in 1997, or if it pertains to cities within OCSD's boundary at any given time. If one interprets the statute to mean the latter, the City of Laguna Woods may be entitled to representation on OCSD's Board. CEQA The recommended action is statutorily exempt from the California Environmental Quality Act under Public Resource Code Sections 15060 and 15378 because the action will not result in a direct or reasonably foreseeable indirect physical change in the environment and categorically exempt under Title 2 of the California Code of Regulations, section 15319, pertaining to annexations of existing facilities and lots of exempt facilities. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachment(s) are attached in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package: 1. Resolution No. OCSD 13-15 2. Exhibit "A" 3. Exhibit "B" DC:sa:gc Page 2 of 2 Return to Mende Report RESOLUTION NO. OCSD 13-15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT, AUTHORIZING INITIATION OF CHANGE OR ORGANIZATION PROCEEDINGS AND FILING OF APPLICATION TO THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS AND TAKE ALL ACTIONS NECESSARY FOR THE DETACHMENT OF TERRITORY KNOWN AS DETACHMENT NO. DD13-10 - LAGUNA WOODS DETACHMENT FROM THE ORANGE COUNTY SANITATION DISTRICT 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, an area totaling approximately 171.55 acres of territory from Revenue Area 14 of the District in the vicinity of Laguna Canyon Road within the City of Laguna Woods is currently within the District's service area, the boundaries of which are more particularly described in Exhibit "A" and delineated in Exhibit "B", attached hereto and by reference made a part of this Resolution ("Detachment Areas"); and WHEREAS, the District desires to terminate regional sanitary sewer service to said Detachment Areas; and WHEREAS, regional sanitary sewer service to the Detachment Areas is currently provided by Irvine Ranch Water District ("IRWD"); and WHEREAS, the territory to be detached that is located in the City of Laguna Woods is uninhabited; and WHEREAS, the District desires to initiate Local Agency Formation Commission ("LAFCO") proceedings with the goal of detaching the Detachment Areas from the District; and WHEREAS, The District has taken all necessary actions to prepare the LAFCO application for detachment of the Detachment Areas. OCSD-13-15-1 Return to Mende Report NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1. That pursuant to Government Code section 56650 at seq., this resolution of application of the Board of Directors of the District is authorized and initiated for a detachment of territory proceeding, and accordingly, the Orange County Local Agency Formation Commission is hereby requested to initiate and take all actions necessary to detach territory designated as "Detachment No. DO 13-10 — Laguna Woods Detachment from the Orange County Sanitation District" in the City of Laguna Woods, the boundaries of which are more particularly described in Exhibit "A" and delineated in Exhibit "B", attached hereto and by reference made a part of this Resolution, in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985, Government Code sections 56000 et seq. Section 2. That this proposal is made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with Section 56000 of the California Government Code. Section 3. That this proposal is for the purpose of detaching one area totaling approximately 171.55 acres of territory from Revenue Area 14 of the District in the vicinity of Laguna Canyon Road within the City of Laguna Woods to terminate regional sanitary sewer service to said Detachment Areas, which said service is provided by Irvine Ranch Water District. Section 5. That a portion of the Detachment Area located in the City of Laguna Woods is uninhabited. PASSED AND ADOPTED at a regular meeting of the Board of Directors held October 23. 2013. Troy Edgar Chairman of the Board ATTEST: Maria E. Ayala Clerk of the Board OCSD-13-15-2 Return to Aaenda Report EXHIBIT "A" LAGUNA WOODS DETACHMENT FROM ORANGE COUNTY SANITATION DISTRICT ( DD 13-10 ) 1 PARCEL A: 2 3 THOSE PORTIONS OF BLOCKS 158, 169 AND 170 OF THE IRVINE'S SUBDIVISION, 4 IN THE CITY OF LAGUNA WOODS, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER 5 MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE 6 OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED IN A "GRANT 7 DEED OF CONSERVATION EASEMENT" RECORDED DECEMBER 18, 2001 AS INSTRUMENT 8 NO. 20010923211, AND IN A "CERTIFICATE OF COMPLETION" OF THE LAGUNA 9 LAUREL REORGANIZATION TO THE CITY OF LAGUNA WOODS (RO 07-27) RECORDED 10 MAY 9, 2008 AS INSTRUMENT NO. 2008000222302, ALL OF OFFICIAL RECORDS IN 11 SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS: 12 13 BEGINNING AT THE EXISTING COMMON CORNER OF THE CITY OF IRVINE AND THE 14 CITY OF LAGUNA WOODS DESCRIBED AS THE NORTHEASTERLY TERMINUS OF THAT 15 CERTAIN COURSE HAVING A BEARING AND DISTANCE OF "SOUTH 31`57'48" WEST, 16 1973.77 FEET" IN SAID LAGUNA LAUREL REORGANIZATION TO THE CITY OF 17 LAGUNA WOODS (RO 07-27) AND SAID "GRANT DEED OF CONSERVATION EASEMENT"; 18 19 THENCE, ALONG THE BOUNDARY OF SAID LAGUNA LAUREL REORGANIZATION TO THE 20 CITY OF LAGUNA WOODS (RO 07-27) AND SAID "GRANT DEED OF CONSERVATION 21 EASEMENT", THE FOLLOWING COURSES: 22 23 SOUTH 31°57'48" WEST, 1973.77 FEET; 24 25 SOUTH 50'11'54" WEST, 1153.49 FEET TO THE EXISTING COMMON 26 BOUNDARY OF SAID CITY OF LAGUNA WOODS AND SAID COUNTY OF ORANGE 27 AS CREATED BY SAID LAGUNA LAUREL REORGANIZATION TO THE CITY OF 28 LAGUNA WOODS (RO 07-27) ; 29 30 THENCE, ALONG SAID EXISTING COMMON BOUNDARY OF THE CITY OF LAGUNA WOODS 31 AND THE COUNTY OF ORANGE AND CONTINUING ALONG SAID BOUNDARY OF `GRANT 32 DEED OF CONSERVATION EASEMENT", THE FOLLOWING COURSES: 33 34 NORTH 39"48'06" WEST, 686.81 FEET; 35 36 NORTH 31°39'01" WEST, 542.54 FEET; 37 38 NORTH 59°12'39" EAST, 1.12 FEET; 39 40 NORTH 65`23'28" WEST, 295.13 FEET; 41 42 NORTH 24"37'12" EAST, 316.56 FEET TO THE BEGINNING OF A CURVE 43 CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2425.00 FEET; 44 45 NORTHEASTERLY 613.11 FEET ALONG SAID CURVE THROUGH A CENTRAL 46 ANGLE OF 14°29'10"; 47 48 NORTH 10*08'02" EAST, 5.50 FEET; 49 50 NORTH 64'29' 40" EAST, 53.49 FEET; 51 52 NORTH 33'04'22" EAST, 110.76 FEET; 53 54 NORTH 12'01'54" EAST, 94.27 FEET; 55 Page 1 of 3 Rd,,.l A tl R d EXHIBIT "A" LAGUNA WOODS DETACHMENT FROM ORANGE COUNTY SANITATION DISTRICT ( DD 13-10 ) 1 NORTH 01'12'37" WEST, 80.66 FEET; 2 3 NORTH 07'08'15" WEST, 51.27 FEET; 4 5 NORTH 14°41'56" EAST, 38.33 FEET; 6 7 NORTH 32°53'57" EAST, 132.13 FEET; 8 9 NORTH 57°00'02" EAST, 24.21 FEET; 10 11 NORTH 11'03'01" WEST, 67.41 FEET; 12 13 NORTH 64'51'29" WEST, 21.84 FEET; 14 15 NORTH 32"36' 46" WEST, 33.54 FEET; 16 17 NORTH 40°1W 35" WEST, 51.80 FEET; 18 19 NORTH 02°12' 56" EAST, 44.23 FEET; 20 21 NORTH 21'37'46" EAST, 341.52 FEET; 22 23 NORTH 16'50'22" WEST, 159.16 FEET; 24 25 NORTH 77'20' 44" WEST, 18.54 FEET TO A NON-TANGENT CURVE CONCAVE 26 WESTERLY HAVING A RADIUS OF 2039.46 FEET AND TO WHICH A RADIAL 27 LINE BEARS SOUTH 77*20144" EAST; 28 29 NORTHERLY 1685.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 30 OF 47'20'33" TO THE EXISTING COMMON BOUNDARY OF SAID CITY OF 31 LAGUNA WOODS AND SAID CITY OF IRVINE AS CREATED BY SAID LAGUNA 32 LAUREL REORGANIZATION TO THE CITY OF LAGUNA WOODS (RO 07-27) AND 33 TO WHICH A RADIAL LINE BEARS NORTH 55°18143" EAST; 34 35 THENCE, ALONG SAID EXISTING COMMON BOUNDARY OF THE CITY OF LAGUNA WOODS 36 AND THE CITY OF IRVINE AND CONTINUING ALONG SAID BOUNDARY OF -GRANT 37 DEED OF CONSERVATION EASEMENT", THE FOLLOWING COURSES: 38 39 NORTH 65"28'35" EAST, 1137.05 FEET; 40 41 SOUTH 35°32.15" EAST, 430.15 FEET; 42 43 SOUTH 16°23'44" WEST, 686.21 FEET; 44 45 SOUTH 51°21'30" EAST, 640.34 FEET; 46 47 SOUTH 21'02'44" EAST, 696.43 FEET; 48 49 SOUTH 58'41'43" EAST, 1093.62 FEET TO THE POINT OF BEGINNING. 50 51 52 CONTAINING AN AREA OF 171.55 ACRES, MORE OR LESS. 53 54 Page 2 of 3 Return to Aaenda Report EXHIBIT "A" IAGUNA WOODS DETACHMENT FROM ORANGE COUNTY SANITATION DISTRICT ( DD 13-10 ) 1 ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE 2 A PART HEREOF. 3 4 5 THIS DOCUMENT WAS PREPARED BY ME OR 6 UNDER MY DIRECTION. �pNAL O 8 DATED THIS ��44,SDAY OF 2013. ap�� O•SrE SG9� 9 * kaK 10 11 y� 12 JAMES 0. STEINES, P.L.S. 6086 9A 13 REGISTRATION EXPIRES 12/31/13 14 CALIFOP 15 16 17 18 THIS DESCRIPTION AND MAP OF PROPOSED 19 DETACHMENT DOES MEET THE APPROVAL OF 20 THE ORAN GOUNTY SURVEYOR'S OFFICE. 21 22 0YDA OQ LAND 29 W Og'` fa,_9g` 24 XEVIN R. HILLS, COUNTY SURVEYOR O� 25 L.S. 6617, EXPIRATION DATE: 12/31/13 � Oy 227 6 28 IIa Mai 29 BY: WEHRM�CHIEF PU SURVEYOR .yjfi pQP� 30 S PC 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Page 3 of 3 F)Q.W IV. LAGUNA WOODS DETACt NT FROM ORANGE COMITY SAWATIOIN DISTRIOT ( OD 13-10 ) gy�4 �� sf § sv � _ A/. mrvuew xcmi PM MA tq2 JN e r' HGE s aRllla wont 5w Aa MMT s AMK cSrPoCT `"614e � I m,swo/ .art..�eu.r a anoe "•°°° ITEM NO. 5 MINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, September 25, 2013, at 5:30 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS STAFF PRESENT PRESENT: Jim Herberg, General Manager John Anderson, Vice-Chair Bob Ghirelli, Assistant General Tom Beamish, Operations Committee Manager Chair Nick Arhontes, Director of Facilities Brad Reese, Administration Committee Support Services Chair Nick Kanetis, Director of Engineering John Nielsen Jeff Reed, Director of Human John Withers Resources Ed Torres, Director of Operations & COMMITTEE MEMBERS ABSENT: Maintenance Troy Edgar, Chair Lorenzo Tyner, Director of Finance & Administrative Services Maria Ayala, Clerk of the Board Janine Aguilar Jim Colston Norbert Gaia Andrew Nau Rich Spencer OTHERS PRESENT: Brad Hogin, General Counsel Jim Ruth, Consultant PUBLIC COMMENTS: None. COMMITTEE CHAIR REPORT: Vice-Chair Anderson briefly reported on the recent OCSD VIP (Volunteer Incentive Program) Event. Minutes of the Steering Committee September 25,2013 Page 2 of 3 GENERAL MANAGER REPORT: General Manager, Jim Herberg, reported that he and Chair Edgar presented at WACO, and also reported on the recent media attention to the What 2 Flush campaign. Mr. Herberg reported on the following from his monthly report: Lorenzo Tyner presenting at the OCERS Directors' meeting; Nick Kanetis presenting at the WACO Committee meeting; and an update on the recent chemical fire near the Santa Ana River. He reminded the Committee about the upcoming GWRS Committee meeting on Monday at 5 p.m.; and the second Board workshop on October 2. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the August 28, 2013 Steering Committee Meeting. ACTION ITEMS: None. INFORMATION ITEMS: 2. SAWPA Remedial Plan Update Jim Colston, Environmental Compliance and Regulatory Affairs Manager, and Mark Kawamoto, Engineer, gave an update on the SAWPA Remedial Plan. CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(1), 54956.9(d)(4), and 54957.6. The Committee convened in closed session at 5:51 p.m. to discuss seven items. 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. Minutes of the Steering Committee September 25, 2013 Page 3 of 3 RECONVENE IN REGULAR SESSION: The Committee reconvened in regular session at 6:24 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 6:25 p.m. Submitted by: Maria E. Ayala Clerk of the Board STEERING COMMITTEE Neeting oate T X0/i3/ Dir. 10/23/2013 10/23/13 AGENDA REPORT Item Number Item Numbe 2 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering SUBJECT: OCSD LEGISLATIVE PROPOSAL GENERAL MANAGER'S RECOMMENDATION A. Receive and file a letter from the City of Yorba Linda dated October 16, 2013 requesting a transfer of its seat on the OCSD Board of Directors to the Yorba Linda Water District; and B. Direct staff to prepare a legislative proposal to transfer the City of Yorba Linda's seat on the OCSD Board of Directors to the Yorba Linda Water District. SUMMARY The City of Yorba Linda, in a letter dated October 16, 2013 from Assistant City Manager David Christian, requested that its seat on the OCSD Board of Directors be transferred to the Yorba Linda Water District. The request is prompted by the City's action to relinquish ownership of its sewer system to the Yorba Linda Water District. This transfer, if approved by the OCSD board of directors, would require a change in OCSD's enabling legislation. At the direction of the Steering and Legislative and Public Affairs Special Committees, working with General Counsel and our lobbyist in Sacramento, staff will prepare and present to the Board of Directors, a legislative proposal to accomplish the transfer. PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION N/A CEQA N/A Page 1 of 2 BUDGETIDELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachment(s) are attached in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.coml with the complete agenda package: Letter from Yorba Linda Assistant City Manager dated October 16, 2013. Page 2 of 2 ICITY OF YORBA LINDA PA. BOX 87014 CALIFORNIA 82885-8714 October 16,2013 James Herberg General Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley,CA 92708 Mr. Herberg, The City of Yorba Linda had previously entered into an agreement with the Yorba Linda Water District (YLWD),transferring our local sewer service responsibilities to YLWD. In that agreement,the City committed to supporting YLWD in seeking a seat on the Orange County Sanitation District(OCSD) Board. We are aware that it is not in OCSD's interest to increase the size of its Board from 25 to 26, nor to have an even number of Directors. Therefore,at its meeting on October 15, 2013,the City Council voted to formally request that OCSD seek a legislative change to remove the City from Its Board of Directors and replace the City's seat with a representative from the YLWD Board of Directors after the City of Yorba Linda's leadership role on the OCSD's Board has been completed. By this letter,the City is requesting that OCSD pursue the legislative change mentioned above. Please let us know if there Is anything further we can provide to assist in this matter. Sincerely, Wow 6�L t--: David Christian Assistant City Manager BIRTHPLACE OF RICHARD NIXON • 37'H PRESIDENT OF THE UNITED STATES ITEM NO. 7 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 October 2, 2013, at 5:00 p.m. at the District's Administrative Office. A quorum was declared present, as follows: Operations Directors Present: Staff Present: Tom Beamish, Chair Jim Herberg, General Manager John Nielsen, Vice Chair Robert Ghirelli, Assistant General Manager Steve Jones Nick Kanetis, Director of Engineering Lucille Kring Nick Arhontes, Director of Facilities Support Michael Levitt Services Brett Murdock Ed Torres, Director of Operations & Maintenance Steve Nagel Jeff Reed, Director of Human Resources Greg Sebourn Lorenzo Tyner, Director of Finance & Fred Smith Administrative Services John Anderson, Board Vice Chair Kelly Lore, Administrative Assistant Cindy Ambrose Operations Directors Absent: Jennifer Cabral Keith Curry Rich Castillon Troy Edgar, Board Chair Jim Colston Scott Nelson Carla Dillon Mark Dubois Mark Esquer Norbert Gaia Al Garcia Todd Haynes Hardat Khublall Rob Thompson Others Present: Brad Hogin, General Counsel Bob Ooten, Alternate Director PUBLIC COMMENTS: No public comments. 10102J13 Operations Committee Minutes Page 1 of 5 REPORT OF COMMITTEE CHAIR: Tom Beamish, Committee Chair, did not provide a report. REPORT OF GENERAL MANAGER: Jim Herberg, General Manager, did not provide a report. CONSENT CALENDAR: 1. MOVED, SECONDED, and DULY CARRIED: Approve Minutes of September 4, 2013, Operations Committee meeting. 2. MOVED, SECONDED, and DULY CARRIED: A. Award a service contract to the lowest responsive and responsible bidder, Kaveh Engineering and Construction, Inc., for P1 CenGen Hot Water Pipe Repairs, Project No. FR11-015-R for a total amount not to exceed $144,695; and, B. Approve a contingency of$43,400 (30%). 3. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: Approve Amendment No. 1 to the Facilities Engineering Task Order No. 12-00- 04-01 with Tran Consulting Engineers providing additional design and construction services for Slater Ave Pump Station VFD Replacement, FR12-012, for an additional amount of $26,968, increasing the total not to exceed amount to $66,931. 4. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Award a service contract to the lowest responsive and responsible bidder, ODC Engineering & Technology, for P1 Potable Water Valve Replacement, Project No. FR11-020 for a total amount not to exceed $412,000; and, B. Approve a contingency of$82,400 (20%). 09/04/13 Operations Committee Minutes Page 2 of 5 5. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Award a service contract to the lowest responsive and responsible bidder, Mode Engineering, for Warner Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 for a total amount not to exceed $338,000; and, B. Approve a contingency of$67,600 (20%). 6. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: Approve Revision No. 1 to the Black & Veatch PLAN2010-01, Task Order 05 (Ocean Outfall Assessments, Project SP-187) in the amount of $19,569 for additional engineering services to develop Ocean Outfall Booster Station refurbishment scope of work items, for a total amount not to exceed $67.593. 7. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement with Dudek & Associates, Inc. to provide construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, for an amount not to exceed $222,503; and, B. Approve a contingency of$22,250 (10%). NON-CONSENT: 8. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: A. Approve a budget increase of $390,000 for the Bitter Point Force Main Rehabilitation, Project No. 5-58, for a total project budget of $46,219,000; and, B. Approve an increase in contingency of $89,445 (15%), for a total contingency of $149,075 (25%), to the Professional Consultant Services Agreement with Black & Veatch to provide construction support services for the Bitter Point Force Main Rehabilitation, Project No. 5-58, to support the Santa Ana River Levee and In-Plant Repairs, Phase 2. 09/04/13 Operations Committee Minutes Page 3 of 5 Dean Fisher, Engineering Manager, presented a PowerPoint regarding the Santa Ana River Levees and In-Plant Repairs; providing background on Project 5-58, Bitter Point Force Main Rehabilitation and its status. 9. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of Directors to: Approve the Purchasing Ordinance, Ordinance No. OCSD-XX entitled "Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects" for first reading at the October 2013 Board meeting. Lorenzo Tyner, Director of Finance & Administrative Services provided a short presentation to the Committee regarding the background of the current Purchasing Authority and changes that are to be incorporated into the new Ordinance. Mr. Tyner answered questions from the Committee regarding Prequalification, bid protests and online bidding. INFORMATION ITEMS: 10. Waste Discharge Requirement (WDR) Order for Sewers - Internal Audit Report and Amended Order Update. Carla Dillon, Engineering Supervisor, presented a PowerPoint regarding the Amended Order Update and Internal Audit Report on Waste Discharge Requirements for Sewers, and answered questions from the Committee regarding Sanitary Sewer Overflows and the comparison of Orange County Sanitation District to other agencies. DEPARTMENT HEAD REPORTS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. 09 OW13 Operations CommRee Minutes Page 4 of 5 ADJOURNMENT: At 5:45 p.m., Committee Chair Beamish declared the meeting adjourned to the next scheduled meeting on Wednesday, November 6, 2013 at 5:00 p.m. Submitted by: Kelly A. Lore Administrative Assistant 09/04/13 Operations Committee Minutes Page 5 of 5 OPERATIONS COMMITTEE Maeting Dale TOBd 0/1DIr. 10/02/13 10/23/13 AGENDA REPORT Item Number Item Number 3 a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: Steve Speakman, P.E. SUBJECT: SLATER AVE. PUMP STATION VFD REPLACEMENT, PROJECT NO. FR12-012 GENERAL MANAGER'S RECOMMENDATION Approve Amendment No. 1 to the Facilities Engineering Task Order No. 12-00-04-01 with Train Consulting Engineers providing additional design and construction services for Slater Ave Pump Station VFD Replacement, FR12-012, for an additional amount of $26,968, increasing the total not to exceed amount to $66,931. SUMMARY Project No. FR12-012 originally involved replacing of one of the electronic pump drive modules within each of the variable frequency drive (VFD) systems at Slater Avenue Pump Station in Huntington Beach. Task Order 12-00-04-01 was issued to Tran Consulting Engineers for developing bid documents (plans & specifications) in accordance with Resolution No. OCSD 07-04 Section 7.02. As part of the Task Order issued, Tran Consulting was required to assess the condition of the VFDs. Based upon the assessment, it is recommended to replace the entire VFD system for all five main pumps. It turns out that the entire VFD is obsolete. The existing VFD control enclosures were installed in 1993-94 and are at the end of their estimated useful life (20 years). The new VFD will be more efficient and will reduce O&M costs over the next 10 to 20 year period. Spare parts when needed will be readily available. Tran Consulting Engineers performed the engineering assessment and they have a thorough understanding of the additional design. Staff has determined that the proposed price is fair and reasonable for the scope of work. Staff recommends approval of Amendment No. 1 to Task Order No. 12-00-04-01 with Tran Consulting Engineers for an additional amount of$26,968. PRIOR COMMITTEE/BOARD ACTIONS June 2012 — Board approved Tran Consulting Engineers as one of the pre-approved firms for engineering design and construction support services necessary in supporting Facilities Engineering and Facilities Repair projects. Page 1 of 2 ADDITIONAL INFORMATION Board Resolution No. OCSD 07-04 section 7.02 allows the Orange County Sanitation District (Sanitation District) to compile a master pre-approved list of between five and ten consulting firms for assisting staff on Facilities Engineering projects, and sets a maximum annual limitation of $100,000 for each firm. The Resolution delegates to the General Manager and Director of Engineering authority to solicit proposals for design engineering services to complete Facilities Engineering projects and award individual Task Orders for this work up to $75,000. In addition, the Resolution limits the General Managers authorization for amendments to an individual Task Order in an amount up to $25,000, and the total combined value of the Task Order and all amendments are not to exceed $100,000. The total Task Order amount is $66,931 inclusive of Amendment No. 1, which is less than $100,000, however; Amendment No. 1 is in the amount of $26,968, which exceeds the General Manager's authority as defined in the Resolution. CEQA The FR12-012 project has been determined to be categorically exempt in accordance with Section 15302 (c). A Notice of Exemption was filed on September 16, 2013. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted and will be funded from the current Budget (FY 2013-14, Joint FE-J, Section 8, Page 12). Date of ADDroval Contract Amount Contingency 10/2113 $66,931 $0 ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • Original Task Order • Amendment No. 1 to Task Order ME:SS:eh Page 2 of 2 Return to Mende Report t1AN, ORANGE COUNTY SANITATION DISTRICT We Pue0.NNic IWIe m tle emer cant by Pmid"effective wastewater collection.VeaVret,and mcychiOJ January 15, 2013 Tran Consulting Engineers John F. Austin 4444 El Cajon Blvd., Suite 15 San Diego, CA 92115 samin9 SUBJECT: Design Notice to Proceed —Task Order No. 12-00-04-01 P.O. No. 104617-OB for SA-11 Slater Ave Pump Station VFD Bma Replacement, Job No. FR12-012 Buena Park )p ess This letter constitutes the Notice to Proceed for the design of the subject `""crew came, project. The effective start date is January 30, 2013. Please submit the final BAa. design documents for this project in accordance with the enclosed scope of careen ease work. Huntington Beach Also please execute the professional services as outlined in your Proposal k. dated November 26, 2012, for a total contract amount not to exceed $39,963. La Hama L.Pakna If you have any questions, please contact the project manager, Steve Les Akr . Speakman, at(714) 593-739$. Nawywa Beach r�anga Ra.u. sarca nna James D. Herberg, P.E., BCEE Assistant General Manager Seal Beach stantan CD:SS:am T uia EMS 9 003968605 Va.Pak Enclosure Y Linea Caeca We. cc: M. Esquer saca,y Da, m' C. Dillon tramway 04 S. Speakman se^ °mot R. Cuellar k,;na Rash C. Stanford t�ouvitt Gcuncy aL Orange e�;C� 10344 His avenge . rg,nravl vNley,ra 92700 7018 . vtal 952 2411 . www.asd.aan Return b Mende Rewd 1S ORANGE COUNTY SANITATION DISTRICT 0pMemorandum CO DATE: January 15, 2013 TO: James D. Herberg, P.E. Assistant General Manager FROM: Mark Esquer , Engineering Manager SUBJECT: Service Area 11 Slater Avenue Pump Station VFD Replacement, Project No. FR12-012 Re: FIR Task Order Award Recommendation In accordance with Resolution No. OCSD 07-04, Section 5.04 Facilities Engineering Project: Selection of Consultants—Procedure, the attached Proposals meet the criteria for issuing a Task Order to complete the design of the subject project. This Task Order is for professional engineering services to prepare final design plans, construction cost estimates, and bid documents for the SA-11 Slater Ave Pump Station VFD Replacement, Project FR12-012. The Scope of Work consist of the replacing five Variable Frequency Drive modules. The Slater Avenue Pump Station located in the City of Huntington Beach, CA. On November 6, 2012,we issued three Request for Proposals to the following Design Consultants: 1. Psomas 2. Tran Consulting Engineers (Tran) 3. Lee and Ro , Inc. (Lee & Ro) On November 26, 2012,we received Proposals from Tran and Lee & Ro. Psomas sent a written correspondence on November 13, 2012 declining preparation of a proposal due to the fact that they would have to utilize a sub-consultant for a majority of the work. The following summarizes the cost proposal from each Consultant: 1. Tran $39,963 2. Lee& Ro, Inc. $44,921 Staff reviewed the two proposals received and Tran was selected. This firm understood the project, provided a comprehensive project approach and scope and had the lowest cost. Staff recommends awarding a Task Order to Tran for a total amount not to exceed$39,963 for the completion of this project design. If you concur with our recommendation, please sign the attached Notice to Proceed. Otherwise please call me at 7030 or Carla Dillon at 7371 to discuss. Return to Mende Report FR12-012 Task Order Award Recommendation Page 2 of 2 January 15, 2013 The table provided as Attachment#2 presents a summary of the Task Orders issued to the recommended Consultant for FY2012/2013. ME:SS:am EDMS:W396934N 5.11 Attachments: 1. Notice to Proceed Letter with SOW Attachment 2. FE Consultant Task Order Matrix 3. Proposals cc: N. Arhontes M. Esquer C. Dillon S. Speakman R. Cuellar Return to Mende Report 49 ORANGE COUNTY SANITATION DISTRICT p Memorandum DATE: October 23, 2013 TO: James D. Herberg General Manager FROM: Nick Kanetis, P.E. Director of Engineering SUBJECT: Approval of Amendment No. 1 to Existing Task Order No. 12-00-04-01 with Tram Consulting Engineers for an Additional Amount of $26,968 with a Total Amount Not to Exceed $66,931 for Project No. FR12-012 Slater Avenue Pump Station VFD Replacement In accordance with Resolution No. OCSD 07-04, Section 7.02, the Task Order Amendment for Slater Avenue Pump Station VFD Replacement, Project No. FR12-012 meets the criteria for General Manager approval. The original Task Order was for professional engineering services of designing the replacement of certain components of the VFDs at the Slater Avenue Pump Station in the City of Huntington Beach, CA. This amendment is for the additional costs of designing the replacement of the entire VFDs at this station. The cost for these modifications has been negotiated to the current proposal of$26,968. The money for this project will come from the current 2013-14 Budget(Joint FE-J, Section 8, Page 12). Staff recommends that Tran Consulting Engineers be authorized to perform the necessary additional services in Amendment No. 1 for an amount not to exceed $26,968. The total price not to exceed for this Task Order is$66,931. This information was approved at the Board of Directors meeting on October 23, 2013 and is provided on the Board Services website. Please indicate your approval by signing below. James D. Herberg, General Manager Date NK:ME:eh Attachments: Request for Proposal and SOW Consultant Proposal Operations Approval cc: R. Cuellar S. Speakman M. Esquer E. Harvey OPERATIONS COMMITTEE Meeting Date TOBd.of Dir. 10/02/13 10/23/13 AGENDA REPORT Item Item Number 4 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: John Falkenstein, P.E. SUBJECT: AWARD P1 POTABLE WATER VALVE REPLACEMENT, PROJECT NO. FR11-020 GENERAL MANAGER'S RECOMMENDATION A. Award a service contract to the lowest responsive and responsible bidder, ODC Engineering & Technology, for P1 Potable Water Valve Replacement, Project No. FR11-020 for a total amount not to exceed $412,000; and, B. Approve a contingency of$82,400 (20%). SUMMARY This project replaces potable water valves in 14 different locations at Reclamation Plant No. 1 that are no longer reliable and beyond their useful life. Operation of these valves is critical to isolate the potable water system serving the Administration, Laboratory, Warehouse, and Maintenance Buildings. The work also includes excavation, replacement of deteriorated concrete vaults and covers, new piping connections, backfill, and repaving around the new vaults. This project's scope of work is based on an assessment by Operations and Engineering staff in 2011. Per our plans and specifications, OCSD advertised for bids on June 5, 2013. Sealed bids were received on August 15, 2013. The bids were evaluated in accordance with the OCSD's policies and procedures. CDC Engineering & Technology was deemed the lowest responsive, responsible bidder. Staff recommends awarding a contract to CDC Engineering & Technology for Potable Water Valve Replacement, Project No. FR11-020 for a total amount not to exceed $412,000. PRIOR COMMITTEE/BOARD ACTIONS None Page 1 of 3 ADDITIONAL INFORMATION Summary information on the bid submittal for Potable Water Valve Replacement, Project No. FR11-020 is as follows: Engineer's Estimate $650,000 Bidder Amount of Bid ODC Engineering &Technology $412,000 Environmental Assessment and Remediation Management, Inc. $435,000 Green Building Corporation $459,000 J.F. Shea Construction, Inc. $466,052 Fraijo Brothers Inc. $482,929 Bali Construction, Inc. $498,431 Recon Engineering and Construction $550,347 Tharsos Inc. $584,299 Dahl, Taylor&Associates, Inc. $613,025 Irwin Industries $621,997 Abhe & Svoboda Inc. $629,062 Verne's Plumbing Inc $641,405 Delaying these repairs and/or replacements could result in the inability of OCSD Operations staff to isolate the potable water system in the event of a pipeline rupture or leakage. The potable water pipelines serving the Administration, Laboratory, Warehouse, and Maintenance Buildings are now over 50 years old and the inability to isolate the pipelines could result in flooding and possible damage to equipment and furnishings inside the buildings. The new valves are expected to last at least 50 years with periodic maintenance and exercising. The project is scheduled to begin in November 2013 and construction is anticipated to be complete by March 2014. CEQA A Notice of Exemption has been filed for this work on June 21, 2013. The project is categorically exempt from CEQA under section 15302 (c) — replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD'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 this project. Page 2 of 3 Date of Approval Contract Amount Continaencv 10/23/13 $412,000 $82,400(20%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package and attachments: Service Agreement (7 pages) ME:JF:eh Page 3 of 3 Return to Aoenda Reporl SERVICE CONTRACT Plant 1 Potable Water Valve Replacement Specification No. FRI1-020 THIS CONTRACT is made and entered into as of the date fully executed below by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and ODC Engineering & Technology with a principal business at 5675 Walnut Ridge Dr., Agoura hills, CA 91301 (hereinafter referred to as "Contractor") collectively referred to as the'Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor to Repair Manhole Structures of the Warner Avenue Relief Sewer in accordance with these Contract Documents ("Services'); and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Purchasing Resolution No. OCSD07-04; and WHEREAS, on October 23, 2013, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor, and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction - 1.1 This Contract and all exhibits hereto (called the "Contract') is made by OCSD and Contractor. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit"A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Conformed Scope of Worki7echnical Specifications Exhibit"B" Bid Pricing Exhibit"C" OCSD Safety and Human Resources Policies Exhibit "D" Acknowledgment of Insurance Requirements Exhibit"E" Faithful Performance and Payment Bonds 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. _ 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. Orange County Sanitation District 1 of 7 Specification No.FR11-020 Return to Aoenda Reporl 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 The term "hours", when used in this Contract, shall be as defined in Exhibit "A". 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 exceed the total amount of Four Hundred Twelve Thousand and 00/00 Dollars ($412,000.00) nor item amounts bid in Exhibit "B". 3. Payments Payments shall be made monthly upon completion of items bid and approval - by OCSD Project 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 been satisfactorily completed. 4. Invoices 4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Engineer of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of _ three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 5.1 Invoices shall be emailed by Contractor to OCSD at the following email address and the Purchase Order number shall be referenced in the subject line: APStaff0OCSD.com. 6. scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 8. Contract Term The Services provided under this Contract shall be completed within 150 days from the date of notice to proceed. 9. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 10. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. Orange County Sanitation District 2 of 7 Specification No.FR11-020 Return to Aoenda Reporl 11. Termination 11.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD, (delivered by certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 11.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 11.3 OCSD may also immediately cancel for default of this Contract in whole or in part by - written notice to Contractor: • if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or • if Contractor sells its business; or • if Contractor breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 11.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 12. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements - (attached hereto and incorporated herein as Exhibit "D"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 13. Bonds 13.1 Contractor shall, before entering upon the performance of this Contract, furnish bonds (attached hereto in Exhibit °E") approved by OCSD's General Counsel - one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid, to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by OCSD. Bonds must be issued by a surety authorized by the State Insurance Commissioner to do business in California and must be maintained throughout the fife of the project and during the warranty period. 13.2 Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to insure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for the OCSD and its officers to approve the bond. Orange County Sanitation District 3 of 7 Specification No.FR11-020 Return to Aoenda Renod 14. Indemnification and Hold Harmless Provision Contractor agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of Contractor, its employees or agents, in relation to the rendition of services pursuant to this Contract, except claims or litigations arising through the sole negligence or willful misconduct of OCSD. Contractor agrees to reimburse OCSD for any expenditure, including reasonable attomey'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. 15. Safety and Human Resources fHR1 Policies OCSD requires all contractors and _ service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the most stringent regulatory requirement at no cost to OCSD. Contractor and all their employees and subcontractors, shall adhere to all applicable OCSD Safety, Human Resources, and Chemical Delivery Procedures found at: OCSD.com, "Doc Central" (bottom of page), under "Safety" (see Exhibit "C" hereto). 16. Warranty In addition to the specific requirements under Exhibit "A", System 204 - Waterproofing, the following shall apply: 16.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at date of completion of this Contract. 16.2 Contractor's warranty: If, within the 12-month period following completion of its Services, _ OCSD informs Contractor that any part of the Services fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies). 17. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 1& Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, and 261, Title 22, 23, and California Water Codes Division 2. 19. Licenses. Permits. Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 20. Govemina Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. Orange County Sanitation Distnct 4 of Specification NO.FRII-020 Return to Aoenda Reporl 21. Applicable Laws and Reaulations Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 22. Public Confracts Law OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract. Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this project as required by Labor Code Section 1774 of the State of California. 23. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 24. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) 'cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover as described in (3), OCSD _ shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or _ consequential damages. 25. Dispute Resolution 25.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of - the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 25.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to Carrfornia Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 25. Survival The provisions of this Contract dealing with Payment, Warranty, and Forum for Enforcement, shall survive termination or expiration of this Contract. Orange County Sanitation District 5 of Specification No.FR11-020 Return to Aoenda Renod 27. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 28. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 29. Damage to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to .repair or replacement by Contractor at no cost to OCSD. 30. Freiaht(F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 31. South Coast Air Quality Manaaement 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. 32. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. - 33. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. - 34. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 35. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 36. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 37. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 6 of 7 Specification No.FR11-020 Return to Aoenda Reood X Notices All notices under this Contract must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contractor: ODC Engineering &Technology IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year indicated below. ORANGE COUNTY SANITATION DISTRICT Dated: By: Chair Board of Directors Dated: By: Clerk of the Board Dated. By: Contracts/Purchasing Manager ODC Engineering & Technology Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 7 of 7 Specification No.FR11-020 OPERATIONS COMMITTEE Meeting Date TOBd.of Dir. 10/02/13 10/23/13 Item AGENDA REPORT NNumber Item Nu 5 Nu Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: Chuck Hodge, P.E., Facilities Support Services SUBJECT: AWARD WARNER AVENUE RELIEF SEWER MANHOLES STRUCTURAL REPAIRS, SPECIFICATION NO. FR12-003 GENERAL MANAGER'S RECOMMENDATION A. Award a service contract to the lowest responsive and responsible bidder, Mode Engineering, for Wamer Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 for a total amount not to exceed $338,000; and, B. Approve a contingency of$67,600 (20%). SUMMARY This project repairs five manhole structures on Warner Avenue in Huntington Beach. This work consists of replacing the top concrete slab, installing concrete aprons around the new top slabs to protect pavement during top slab replacement, installing twelve lightweight manhole frames and covers made from a composite material, and minor concrete repairs within one of the manhole structures. The replacement frames and covers are designed to current industry standards and are expected to last 40 to 50 years under normal conditions. The project should reduce the noise associated with vehicular traffic driving over the covers and will also provide faster access to sewers during any maintenance activities. OCSD has received noise complaints from local residents. The project is scheduled to begin in November 2013 and construction is anticipated to be completed by March 2014. Per our plans and specifications, OCSD advertised for bids on June 25, 2013. Sealed bids were received on August 1, 2013. The bids were evaluated in accordance with the OCSD's policies and procedures. Mode Engineering was deemed the lowest, responsive, and responsible bidder. Staff recommends awarding a contract to Mode Engineering for Warner Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 for a total amount not to exceed $338,000. Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION Summary information on the bid submittal for Warner Avenue Relief Sewer Manholes Structural Repairs, Specification No. FR12-003 is as follows: Engineer's Estimate $304,900 Bidder Amount of Bid Mode Engineering $338,000 Charles King Company $338,750 Bali Construction, Inc. $429,826 Green Building Corporation $438,500 Issues associated with the current rectangular covers include anchor bolt thread stripping and noise complaints associated with cars driving over the loose plates and increased risk to the public during driving. It is also currently difficult and time consuming to access sewers for inspection and maintenance due to the need to remove and replace over 20 bolts per cover. Heavy lifting requirements also add additional equipment needed to complete the tasks. CEQA A Notice of Exemption has been filed for this work. The project is categorically exempt from CEQA under section 15301 (b)— replacement or repair of existing manhole structures for a publicly owned utility involving no expansion of existing capacity or use. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the OCSD'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 this project. Date of Approval Contract Amount Contincencv 10/23/13 $338,000 $67,600(20%) ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package and attachments: Service Agreement (7 pages) ME:CH:eh Page 2 of 2 Return to Aoenda Reporl SERVICE CONTRACT Repair to Manhole Structures of Warner Avenue Relief Sewer Specification No. FR12-003 THIS CONTRACT is made and entered into as of the date fully executed below by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Mode Engineering with a principal business at 29703 #B Niguel Road, Laguna Niguel CA 92677 (hereinafter referred to as "Contractor") collectively referred to as the"Parties". WITNESSETH WHEREAS, OCSD desires to retain the services of Contractor to Repair Manhole Structures of the Warner Avenue Relief Sewer in accordance with these Contract Documents ("Services"); and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Purchasing Resolution No. OCSD07-04; and WHEREAS, on October 23, 2013, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor, and WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services, NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction - 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and Contractor. The Terms and Conditions herein exclusively govem the purchase of Services as described in the Scope of Work, attached hereto and incorporated herein by reference as Exhibit "A". - 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in order of precedence: Exhibit"A" Scope of Work/Technical Specifications as Modified by Addenda 1 and 2 Exhibit"B" OCSD Safety and Human Resources Policies Exhibit"C" Acknowledgment of Insurance Requirements Exhibit "D" Faithful Performance and Payment Bonds 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof. Orange County Sanitation District 1 of Specification No.FR12-003 Return W Aoenda Rworl 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 The term "hours", when used in this Contract, shall be as defined in Exhibit"A° 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 exceed the total amount of Three Hundred Thirty-eight Thousand and 00/00 Dollars ($338,000.00). 3. Payments Payments shall be made monthly upon approval by OCSD Project Engineer, Chuck Hodge 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 been satisfactorily completed. 4. Invoices 4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project Engineer of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges thereon. Contractor shall not pay less than the prevailing wage, if applicable. Invoices shall include the Purchase Order Number. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 5.1 Invoices shall be emailed by Contractor to OCSD at the following email address and the Purchase Order number shall be referenced in the subject line: APStaffaOCSD.com. 6. Scope of Worn Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Moddications 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. & Contract Term The Services provided under this Contract shall be completed within 120 days from the date of notice to proceed. 9. Performance Time is of the essence in the performance of this Contract and the provisions hereof. 10. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. Orange County Sanitation District 2 of 7 Specification No.FR12-003 Return to Aoenda Reporl 11. Termination 11.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD, (delivered by certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 11.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not meeting specification requirements, if the level of service is inadequate, or any other default of this Contract. 11.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: • if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or • if Contractor sells its business; or • if Contractor breaches any of the terms of this Contract; or • if total amount of compensation exceeds the amount authorized under this Contract. 11.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract,whichever occurs first. 12. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the fife of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements - (attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required - insurance coverage shall result in termination of this Contract. 13. Bonds 13.1 Contractor shall, before entering upon the performance of this Contract, furnish bonds (attached hereto in Exhibit °D") approved by OCSD's General Counsel - one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid, to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by OCSD. Bonds must be issued by a surety authorized by the State Insurance Commissioner to do business in California and must be maintained throughout the fife of the project and during the warranty period. 13.2 Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to insure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for the OCSD and Its officers to approve the bond. Orange County Sanitation District 3 of 7 Specification NO.FR12-003 Return to Aoenda Renod 14. Indemn/ftcadon and Hold Harmless Provision Contractor agrees to save, indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments, cost and demands, including demands arising from injuries or death of persons and damage to property, arising directly or indirectly out of the negligence or willful misconduct of Contractor, its employees or agents, in relation to the rendition of services pursuant to this Contract, except claims or litigations arising through the sole negligence or willful misconduct of OCSD. Contractor agrees to reimburse OCSD for any expenditure, including reasonable attorney's fees, OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such suits at the cost and expense of Contractor. 15. Safety and Human Resources MR) Policies OCSD requires all contractors and service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the most stringent regulatory requirement at no cost to OCSD. Contractor and all their employees .. and subcontractors, shall adhere to all applicable OCSD Safety, Human Resources, and Chemical Delivery Procedures found at: OCSD.com, "Doc Central' (bottom of page), under "Safety" (see Exhibit "B" hereto). 16. Warranty 16.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at date of completion of this Contract. 16.2 Contractor's warranty: If, within the 12-month period following completion of its Services, _ OCSD informs Contractor that any part of the Services fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take _ all such actions as are necessary to correct or complete the noted deficiency(ies). 17. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially - differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 18. Reaulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable federal, state, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, and 261, Title 22, 23, and Califomia Water Codes Division 2. 19. Licenses, Permits. Ordinances and Reauladons Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Contract will be paid by Contractor. 20. Applicable Laws and Reauladons Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. Orange County Sanitation District 4 of 7 Specification No.FR12-003 Return to Aoenda Renod 21. Public Contracts Law OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract. Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this project as required by Labor Code Section 1774 of the State of California. 22. Govemina Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof. 23. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 24. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) 'cover' by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover' as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 25. Dispute Resolution 25.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, - through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 25.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrators 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 anyjudgment issued therein. 25. Aftomevrs Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Orange County Sanitation District 5 of 7 Specification No.FR12-003 Return to Aoenda Renod 27. Survival The provisions of this Contract dealing with Payment, Warranty, and Forum for Enforcement, shall survive termination or expiration of this Contract. 28. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 29. Damage to OCSD s Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 30. Freight(F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with - delivery of all products deemed necessary under this Contract. 31. South Coast Air Quality Manaaement 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. 32. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. _ 33. Limitations upon Subcontractina and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 34. Third Party Rights Nothing in this Contract shall be construed to give any rights or - benefits to anyone other than OCSD and Contractor. 35. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 36. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 37. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation Dishfct 6 of 7 Specification No.FR12-003 Return to Aaenda Reood 38. Notices All notices under this Contract must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. 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: Mode Engineering IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year indicated below. ORANGE COUNTY SANITATION DISTRICT Dated. By: Chair Board of Directors Dated: By: Clerk of the Board Dated: By: Contracts/Purchasing Manager MODE ENGINEERING Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 7 of 7 Specification No.FR12-003 OPERATIONS COMMITTEE Neetingoate TOeA.O r. 10/02/2013 30/23/13 AGENDA REPORT em Number Item Numbe 6 11 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering Project Manager: Ted Vitko SUBJECT: OCEAN OUTFALL ASSESSMENTS, PROJECT NO. SP-187 GENERAL MANAGER'S RECOMMENDATION Approve Revision No. 1 to the Black & Veatch PLAN2010-01, Task Order 05 (Ocean Outfall Assessments, Project No. SP-187), in the amount of $19,569 for additional engineering services to develop Ocean Outfall Booster Station refurbishment scope of work items, for a total amount not to exceed $67,593. SUMMARY Black and Veatch was awarded a PLAN2010 study contract for $48,024 to analyze the hydraulic performance and stability of the current Ocean Outfall Booster Station (OOBS) at Plant No. 2. The study analyzed four operating scenarios for future flow projections and refurbishment strategies. An outcome of the study included a realization of an unexpected operating condition as a result of increasing GWRS water diversion and decreased incoming flows that will potentially cause cavitation of the existing pumps. Staff has worked with Black and Veatch to craft a new pumping arrangement to address this additional operating condition which may result in improved operational efficiencies. The new arrangement will potentially have three positive effects. It is expected to reduce the cost of upcoming Ocean Outfall System Rehabilitation project, Project No. J-117, scheduled to begin in early 2014, reduce operation and maintenance costs (principally electrical usage savings), and improve reliable operation of the station in normal and storm flow scenarios. Staff is requesting an additional $19,569 for Black and Veatch to develop a planning scenario including updated hydraulic analysis, preliminary pump selection and layout, preliminary electrical requirements and layout, and updated cost and schedule estimates. This planning scenario will become the project basis for upcoming Project No. J-117, Ocean Outfall System Rehabilitation. This Revision No. 1 requires Board approval because Black & Veatch PLAN2010-01, Task Order 05, was originally awarded under the PLAN2010 procurement program which allows for engineering study task orders with a value of $50,000 or less to be awarded to one of five preselected consulting firms. The PLAN2010 preselection process publicly solicited proposals from interested firms, evaluated qualifications of Page 1 of 2 responding firms, made Board approved selections, and set pricing and other commercial terms for each of the five consultants. This amendment will push the value beyond the $50,000 limit creating the need for Board Appoval. PRIOR COMMITTEE/BOARD ACTIONS March 2013 —Task Order 05 awarded under the PLAN 2010 procurement program. December 2010 — Board approved a PCSA with Black & Veatch and a number of other firms to provide planning studies on a task order basis for two-year term, etc. and approved an exception to Resolution No. OCSD 07-04 Section 4.05, authorizing the General Manager to select any single suitable firm in the Planning Studies Program for a particular task order valued at $50,000 or less, without having to solicit proposals from multiple firms. ADDITIONAL INFORMATION None. CEQA This is not considered a project under CEQA. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted for FY 2012-13 and FY 2013-14 (section 8, page 10) as Project No. SP-187, Plant No. 2 Outfall Systems Asset Management Plan, for $300,000. Date of Approval Contract Amount Contingency 10/24/12 $48,024 0% 10/23/13 (Revision No. 1) $19,569 0% Total Proposed Order $67,593 ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: 1. Original Task Order No. 5 2. Revision No. 1 to Task Order No. 5 3. Attachment G (Cost Matrix) TV:sa:gc Page 2 of 2 '4 Return to Aaenda Report AGREEMENT NO. PLAN2010-01 7 TASK ORDER OS . SP-187,OCEAN OUTFALL ASSESSMENTS Task Order 05,SP-187,Ocean Outfall Assessments under Agreement No.PLAN2010-01("AGREEMENT) for ON-CALL PLANNING STUDIES between the ORANGE COUNTY SANITATION DISTRICT("SANITATION DISTRICT")and BLACK&VEATCH ("CONSULTANT'),has been assigned to CONSULTANT in accordance with Attachment"8"to the AGREEMENT. CONSULTANrs proposal,consisting of Black&Veatch's Proposal&Scope of Work dated March 5,2013 is attached,and hereby incorporated into and made a part hereof this Task Order 05. COMPENSATION: The Not-to-Exceed amount for this Task Order 05 is$48,024. CONSULTANT shall submit its invoices for this Task Order 05 in accordance with the requirements of Section 2. COMPENSATION,Attachment"C'Billing Rates,and Attachment"D"Allowable Direct Costs ofthe AGREEMENT. Costs for the work included in this Task Order 05 shall be invoiced separately from costs for work included In any subsequently issued Task Orders. AUTHORIZED AGREEMENT AMOUNT: $ 700,OD0.00 SUMMARY OF TASK ORDERS: Authorized Agreement Amount: $ 70D,000.00 (Current Contract Year) Less This Task Order 05: $ 48,024.00 Remaining Authorized Amount: $ 651,976 CATEGORYI TASK ORDER SUMMARY TASK TASK OR DER DESCRIPTION TASK ORDER AMOUNT ORDER 05 SP-187,Ocean Outfall Assessments $48,024.00 Task OrAer05—SP-18),Ocean q,Nallnssevments ,lg .e N.PIanM1D01 EDW:0034 M Pa Iat2 �S Return to Aaentla Report SCOPE OF SERVICES: Refer to CONSULTANT's proposal for this Task Order 05,which is attached. DELIVERABLES: Project deliverables shall be submitted to the Orange County Sanitation District, to the attention of Mr.Gary Conklin,Senior Engineer. SCHEDULE: All Work to be completed within 6 months of Notice to Proceed,in accordance with CONSULTANT's proposal. EFFECTIVE DATE: This Task Order 05 shall be effective as ofthe date of SANITATION DISTRICT's General Manager's signature below. NOTICE TO PROCEED: The date upon which CONSULTANT executes this Task Order 05 shall serve as the Notice to Proceed date. All terms and conditions ofthe AGREEMENT shall remain in full force and effect. It is the intent ofthe SANITATION DISTRICT and CONSULTANT to incorporate this Task Order 05 into the AGREEMENT in a forthcoming amendment. Mmes D. Ruth Date General Manager Orange County Sanitation District '545 -20%3 Date Black&Veatch Corporation Ta#Oraer¢S—SP-]8>,Ocean OuNall Acwsunents Rpeement No.PlanNa l mM5:0034)1388 Pai$2af 3 Return to Mende Report 6. BLACKS;VETCH EPERDY WVER IXipRYATIpM 6RVFRXYEPE Orange County Sanitation District Ocean Outfall Assessments Contract: SP-197 Match 5, 2013 Ted Vitko Orange County Sanitation District 10944 Ellis Avenue Fountain Valley,CA 92728-8127 Subject: SP-187-Ocean Outfall Assessments Pee Proposal Per your request,Black&Veatch is pleased to provide this fee proposal to perform the scope of work as described below. SCOPE OF WORK The tasks below describe the specific tasks that will be performed as partof the SP-197 Ocean Outfall Assessment Project. TASK 1 -HYDRAULIC ANALYSIS 1.1 Update Existing Model Update the Northwest Hydraulics'EPASWMM models to htfoWorks Version 13,and add the following facilities: • Piping between Plant I and Plant 2 schematically(Detatiled hydraulics of the piping will not be included in the model) • OOBS: wet wells,overflow box and Santa Ana River(SAR) outfall pipelines, junction box,pumps,force main to Surge Tower 2 and bypass to Surge Tower 1 • Junction Box A SAR outfafl pipelines and Surge Tower 2:gravity bypass line • EPSA:pumps and force mains • Surge Tower 2 and Long Outfall • Surge Tower 1 and Short Outfall It is assumed that OCSD will provide all pertinent as-built information requested in a timely manner. 1.2 Analysis Update the model with OCSD identified flow conditions and extended period simulations,calibrate the model to a typical high tideflow and low tide flow condition, evaluate;up to seven typical operation strategies that focus on identifying potential Bhda WR Cpipwe -15615A PRr ",suds=-W .CeawNe M18 USA-T&0.9 753-0 -r-Rx B4&]53W Return to Agenda Report SP-187 March 5, 2013 Ocean Outfall Assessments Page 3 2.2 Pump Station Layout • Provide a one preliminary(concept level)layout of the pump station including piping,pumps,and valves 2.3 Deliverables • Pump curves • One preliminary pump station layout • List of major equipment TASK 3—ELECTRICAL REOUIREMENTS AND LAYOUT 3.1 Electrical Equipment • Based on pump selection recommended in Task 2 select appropriate electrical equipment including VFD's, switch gear, etc. 3.2 Electrical Layout • Recommend a location(most likely down stairs)and provide a one preliminary layout for the electrical equipment 33 Deliverables • One preliminary layout for the electrical equipment • List of major equipment TASK 4—CONSTRUCTABII,ITY AND SCHEDULE 4.1 Constructability • Review concept drawings and develop a construction phasing scenario that allows the pump station to stay in operation 4.2 Schedule • Review concept drawings and develop a construction schedule that allows the pump station to stay in operation 43 Deliverables • Construction phasing memo • Construction schedule TASK 5—Proiect Coordination 5.1 Prepare a technical memorandum(TM)summarizing the results of the tasks identified above.The TM will include a brief summary of the tasks described NA1375MrwlcesXOc SPIP 0.Ou1 Assru w03042013.do Return to Mends Report BLACK�&�VEATCH Iwuan a EMEfl9M. Vj11. N'.AIATI On 49VFN%ka.ENl SR-18i Ocean Outfail Assessments tabor and Fee Estimate Ted xoc a-g McAa . Jee6ara la�naz: /nantla Ask 5lol mk M4C try A.dle Mp h.mar Vlctor Fsl Mmn/CA tiPAct Tapt Tot9l YOleeC a�'vi�n P 5[YaYee' Rty say& tuww. E,e2Yiul [1-d m egl E neer 0 Ex/Xlbp lours 1ptM YtheJlba[ 'Mat�aBtr SeMyr9i% En&leeeE Spec+aNsK 3pttW3t lead lieitl 4 AaCe 36UA 25]5 2110 1] 7 15<.5 1800 426A P50 42.0. Ca9 t1-133UPa§f w a aso 1 S'11.896 52R858 U r" I �f.Po and Geytiut S5,P14 $4013. SokMibn TMk3-flen}ieyt K yiS2mems and 2 40 3 9 5; $8,135 591535 L,. Taska-. ermsewranplrn¢w 1 2 1d sd 5z,7os $2,We 542uduk rpt._F pan 14 a. e a 8 H ;8A a4 $B,ai7 "457 $ewdinmim Tme1 $W5 SLOW $an 53zo1b $7,724 52,3su $W,059 . 5700 $2,a 7 5850 ]si $al,na $aa M4 Bieck&fttc CW..fi.l15515 Aten Pa,",Stike300. mna,C"'fornta 9318 USA,Telpfroh6999-7$3-0500-FU 949753-1252 Return to Mande Report AGREEMENT NO. PLAN2010-01 REVISION 1 TO TASK ORDER 05 SP-187,OCEAN OUTFALL ASSESSMENT Task Order 05—SP-187,Ocean Outfall Assessment under Agreement No.PLAN2010-01("AGREEMENT) for ON-CALL PLANNING STUDIES between the ORANGE COUNTY SANITATION DISTRICT('SANITATION DISTRICT")and BLACK&VEATCH("CONSULTANT")is hereby revised as follows: COMPENSATION: The Not-to-Exceed amount for this Revision 1 to Task Order No. 05 is increased by$19,569.00 for a revised not to exceed amount of$67,593.00. CONSULTANT shall submit its invoices for this Revision 1 to Task Order 05 in accordance with the requirements of the Agreement,Section 2. COMPENSATION, Attachment"C'Billing Rates,and Attachment"D"Allowable Direct Costs of the AGREEMENT. Costs for the work included in this Task Order 05 shall be invoiced separately from costs for work included in any subsequently issued Task Orders. AUTHORIZED AGREEMENT AMOUNT: $ 700,000.00[Unchanged] SUMMARY OF TASK ORDERS: Authorized Agreement Amount: $ 700,000.00 Previously Issued Task Orden: 0.00 Less This Task Order 05: $ 48,024.00 Remaining Authorized Amount: $ 651,976.00 Less Revision 1 to Task Order 05: $ 19,569.00 $ 632,407.00 CATEGORY III TASK ORDER SUMMARY CUMULATIVE TASK TASK ORDER CATEGORY III ORDER TASK ORDER DESCRIPTION AMOUNT TASK ORDERS 05 SP-187,Ocean Outfall Assessment $49,024.00 $48,024.00 05 Rev.1 SP-187,Ocean Outfall Assessment $19,569.00 $67,593.00 Increase in Scope of Work Perisim 1 to TaskO roS—SP-W,Ocean 0u 11 Assessment Agreement No.PbnWa u EDN&- Page 1 of 2 Return to Agenda Report SCOPE OF SERVICES: Refer to CONSULTANT's proposal under Task Order 05. [Changed] DELIVERABLES: Project deliverables remain as described under Task Order 05. [Unchanged] SCHEDULE: All Work to be completed by approximately 6 months of Notice to Proceed, as described under Task Order 05. [Unchanged] EFFECTIVE DATE: This Revision 1 to Task Order 05 shall be effective as of the date of SANITATION DISTRICT's Operations Committee Chairman's signature below. All terms and conditions of the AGREEMENT shall remain in full force and effect. It is the intent of the SANITATION DISTRICT and CONSULTANT to incorporate this Task Order 05, inclusive of all revisions,into the AGREEMENT in a forthcoming amendment. Chair, Board of Directors Date Orange County Sanitation District Black&Veatch Date Revision 1 to Task Order 05—SP-187,Ocean Outrall Assessmem Agreement Me.Plan201"l EMS: Page 2 or2 Return to Aaenda Report ATTACHMENT G COST MATRIX BLACK & VEATCH CORPORATION Additional Scope - Cost Estimate - OOBS Rehabilitation SP-187 M[ FillillillilllF— Mechanical Lead Project Hydraulic Modeling Electrical Project Project Task Description Manager Specialist Specialist Lead Engineer Engineer CAD Total Hours Berk Stolinski McCarty Kindle Jayakumar Burns Admin/CAD Billing Rate Hrs Hrs Hrs Hrs Hrs Hrs Hrs 1 Task 1-Hydraulic Analysis 1.1 Model Update 0 0 6 0 0 5 0 11 1.2 Hydraulic Analyses 0 2 6 0 0 5 0 13 1.3 Deliverables 0 0 0 0 0 2 0 2 Subtotal 0 2 12 0 0 12 0 26 2 Task 2-Pump Selection and Layout 2.1 Pump Station Equipment Selection 0 0 0 0 8 0 0 8 2.2 Pump Station Layout 0 0 0 0 8 0 6 14 2.3 Deliverables 0 0 0 0 0 0 0 0 Subtotal 0 0 0 0 16 0 6 22 3 Task 3 -Electrical Selection and Layout 3.1 Electrical Equipment Selection 0 0 0 10 0 0 0 10 3.2 Electrical Layout 0 0 0 10 1 0 6 17 3.3 Deliverables 2 0 0 10 2 0 0 14 Subtotal 2 0 1 0 30 1 3 0 1 6 41 4 Task 4-Constructabilty and Schedule 4.1 Constructability 0 0 0 1 2 0 0 3 4.2 Schedule 0 0 0 1 2 0 0 3 4.3 Deliverables 2 0 0 0 2 0 0 4 Subtotal 2 0 0 2 6 0 0 10 5 Task 5- Pro-ec[Management 5.1 Technical Memorandum 1 0 2 2 2 0 0 7 5.2 Meetings 2 0 2 2 2 0 2 10 5.3 Pro ect Management 1 0 0 0 0 0 2 3 Subtotal 4 0 4 4 4 0 4 20 Total 1 $ 2,398 $ 422 $ 2,927 $ S,561 $ 5,220 $ 1,509 $ 1,631 $ 19,569 BLACK VEATCH CORPORATION I Labor and Fee Page 1 Return to Aaenda Remo FEE PROPOSAL FORM BLACK&VEATCH CORPORATION Pre-Work for OOBS Rehabilitation PROJECT NO.SP-182 Consultant: Black&Veatch Corporation Raw Labor $5,758 Fringe Rate 50.7% $2,920 Burdened Labor(Raw+ Fringe) $8,678 Overhead 105.0% $9,112 Subtotal (Burdened Labor+ Overhead) $17,790 Profit 10.00% $1,779 Total Direct Costs Not to Exceed Total Consultant Design Services not to exceed $19,569 Subconsultant: Debbie Burris Subconsultants Under$100,000 $o Total Subconsultants under$100,000 not to Exceed $0 Project Grand Total $19,569 OPERATIONS COMMITTEE Meeting Dare TOBA.Of DIr. 10/02/13 10/23/13 AGENDA REPORT ern Number Item Nu bar 2 7 1 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Wendy Sevenandt SUBJECT: BOILER SYSTEM REHABILITATION AND SCRUBBERS H & I DEMOLITION AT PLANT NO. 2, PROJECT NO. P2-106 GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Consultant Services Agreement with Dudek & Associates, Inc. to provide construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106, for an amount not to exceed $222,503; and, B. Approve a contingency of$22,250 (10%). SUMMARY Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106 will replace feedwater and burner systems at the existing boilers at Plant No. 2 and demolish H & I Scrubbers including associated equipment, ductwork, piping, and electrical systems. Dudek & Associates, Inc. (Dudek) is providing engineering services for this project. Dudek has satisfactorily furnished engineering services for the design of Project No. P2-106 and their engineering support services are needed during construction to provide continuity through the completion of the project. The proposed construction services will include reviewing submittals, answering Contractor's requests for information, reviewing design changes, attending meetings, making site visits, preparing testing procedures, witnessing a factory demonstration test, reviewing commissioning plans, preparing Operations Manuals and Procedures (OMaP), preparing record drawings, and assisting in closeout of the project. Staff negotiated with Dudek for these support services in accordance with the Orange County Sanitation District's (Sanitation District) adopted policies and procedures. A review of the proposed price was conducted using estimated quantities of requests for information, submittals, meetings, site visits, change order review, and design revisions, as well as the level of effort to participate in pre-commissioning and commissioning tasks, to prepare record drawings, and to prepare OMaP. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services. Staff Page 1 of 3 recommends awarding a Professional Consultant Services Agreement with Dudek for an amount not to exceed $222,503, and approving a contingency of$22,250 (10%). PRIOR COMMITTEE/BOARD ACTIONS June 2013 — Authorized staff to enter into negotiations with Dudek for construction support services for Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2-106. August 2012 - Approved a name change for Project No. P2-106 from "Chemical Scrubber Conversions and Piping System Improvements" to 'Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2." ADDITIONAL INFORMATION The original Professional Design Services Agreement (PDSA) had three tasks: 1. Replace the dewatering building plant water booster pumps 2. Upgrade the boiler feedwater system 3. Convert one chemical scrubber to a biotrickling filter scrubber and modify some existing biotrickling filter scrubbers. As other capital projects were developed, items 1 and 3 were incorporated into other projects and two headworks chemical scrubbers at Plant No. 2 were decommissioned, but not demolished. Also, new State regulations were enacted for air quality requirements that had to be implemented for the boilers by 2015. The project scope was modified to eliminate further work on the booster pumps and biotrickling filters, to add the replacement of boiler burners to meet the new State air quality regulations, and to demolish the two decommissioned scrubbers. Another small project was subsequently incorporated into this project to bring the status signals from the boiler facility to the Operations Center, thus reducing the amount of rounds the operators have to conduct at the boiler facility. The original PDSA entered into in 2010 included construction support services at a value of $54,532. The construction support services budget included in the PDSA, as well as the approved contingency, were reallocated under the General Manager's authority to accomplish the engineering work needed to design the scope changes. This original value of $54,532 would be insufficient for the current construction services scope of work. Entering into a new Professional Construction Services Agreement follows current procedures in which the Sanitation District enters into new agreements with Consultants for construction phase services. Page 2 of 3 CEQA A Notice of Exemption was filed and recorded on August 24, 2006. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (Line item: FY 2013-14 Update, Page A-10) and the budget is sufficient for the recommended action. Date of ADDroval Contract Amount Contingency 10/23/13 $222,503 $22,250 (10%) ATTACHMENT The following attachments) maybe viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: Professional Consultant Services Agreement NK:DF:WS:dm:gc Page 3 of 3 Return to Mends Report PROFESSIONAL CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 23rd day of October, 2013 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and DUDEK, 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 Boiler System Rehabilitation and Scrubbers H & I Demolition at Plant No. 2, Project No. P2.106; 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 October 23, 2013 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to Resolution No. OCSD 07-04 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: 7. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 1 of 17 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 CONSULTANT 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 sixty (60)calendar days during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT. E. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third parry without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a)was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b)subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed two hundred twenty-two thousand five hundred three dollars ($222,503.00). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum set forth in Attachment"E"— Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits)actually paid by CONSULTANT PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 2 of 17 Return to Mende Report charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees' work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment"E"—Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment"E"—Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment"E"—Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment"E"— Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment"E"—Fee Proposal. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 3 of 17 DISTRICT receipts and other documentary records to support CONSULTANT's request for reimbursement of these amounts, see Attachment"D"—Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 -COMPENSATION above. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 -AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2- COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%)of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element. He or she may, at his or her discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 4 of 17 Return to Aaenda Report C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 -COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act(Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollar ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c)conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES To the extent CONSULTANT intends to employ employees who will perform work during the design and preconstruction phases of a construction contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 5 of 17 6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed. All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class 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 Workers Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below"B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty(20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. III. Coverage shall be in effect prior to the commencement of any work under this Agreement. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 6 of 17 Return to Mende Report B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: one million dollars ($1,000,000.00) per occurrence with one million dollars ($1,000,000.00)aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and automotive liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. AutomotiveNehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of one million dollars ($1,000,000.00) or alternatively, one million dollars ($1,000,000.00) per person for bodily injury and one million dollars ($1,000,000.00) 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 one million dollars ($1,000,000.00) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 7 of 17 F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than two million dollars ($2,000,000.00)with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10)days prior to the expiration of each policy term. G. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • 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 PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 8 of 17 Return to Mende Report be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. H. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days' prior written notice. The Cancellation Section of ACORD Form 25-5 (7/97)shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty(30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Contracts Administration, Division 230, and shall be received by the SANITATION DISTRICT not less than thirty(30) days prior to the effective date of the changes) 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. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 9 of 17 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. Suboonsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. 8. SCOPE CHANGES In the event of a change in the Scope of Work, requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this 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. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 10 of 17 Return to Mende Report 10. ENGINEERING REGISTRATION The CONSULTANT's personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer. Such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3)years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within fifteen (15)days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 11 of 17 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Larry Roberson, Senior Contracts Administrator Copy: Wendy Sevenandt, Project Manager Notices shall be mailed to CONSULTANT at: DUDEK 605 Third Street Encinitas, CA 92024 Attention: Tom Falk, Project Manager All communication regarding the Scope of Work, will be addressed to the SANITATION DISTRICT's Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13- NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 12 of 17 Return to Aaenda Report 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2)future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 13 of 17 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. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 14 of 17 Return to Mende Report 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 25. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed-out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30)days of receipt of notice of Agreement closeout. Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall commence a closeout audit of the Agreement and will either: i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT's cost. PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 15 of 17 CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance. Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT's request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or agreement with, the CONSULTANT's request for final Agreement Acceptance. 26. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PCSA PROJECT NO. P2-106 Revised 07/29/13 Page 16 of 17 Return to Mende Report IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: DUDEK By Date Printed Name &Title ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors Date By Clerk of the Board Date By Contracts, Purchasing and Materials Date Management Manager Attachments: Attachment"A" Scope of Work for Construction Support Services Attachment"B" Not Used Attachment"C" Not Used Attachment"D" Allowable Direct Costs Attachment"E" Fee Proposal Attachment"F" Not Used Attachment"G" Not Used Attachment"H" Not Used Attachment"I" Not Used Attachment"J" Not Used Attachment X' Hourly Rate Schedule for Minor Subconsultants LDR EDMS:003977210 PCSA PROJECT NO. P2-106 Remed 07/29/13 Page 17 of 17 P2-106 PCSA ATTACHMENT "A" SCOPE OF WORK FOR CONSTRUCTION SUPPORT SERVICES Return to Mende Report ATTACHMENT "A" SCOPE OF WORK FOR CONSTRUCTION SUPPORT SERVICES Boiler System Rehabilitation and Scrubbers H & I Demolition Project No. P2-106 TABLE OF CONTENTS I. SUMMARY..........................................................................................................................................2 II. PROJECT ELEMENTS.....................................................................................................................2 IILPROJECT SCHEDULE......................................................................................................................2 IV.PROJECT IMPLEMENTATION.....................................................................................................2 PHASE 4-CONSTRUCTION AND INSTALLATION SERVICES...................................................2 PHASE 5-COMMISSIONING SERVICES..........................................................................................7 PHASE 6-CLOSE-OUT..........................................................................................................................8 V. STAFF ASSISTANCE......................................................................................................................10 EXHIBITS:..............................................................................................................................................10 June 7, 2013 Project No. P2-106 Page 1 of 10 I. SUMMARY Provide construction support services for the construction and installation, commissioning, and close out of the project described herein. It. PROJECT ELEMENTS Dudek prepared the final design for a Boiler System Rehabilitation and Scrubbers H & I Demolition to include replacement of the feedwater system, replacement of the boiler burners and control system, and demolition of the abandoned trunk line scrubbers H & I and associated ductwork and appurtenances. III. PROJECT SCHEDULE Major Milestones Estimated Schedule Provide Construction Support and Commissioning Services January 2014 to January 2015 Project Closeout January 2015 to April 2015 TOTAL SCHEDULE TIME 16 Months IV. PROJECT IMPLEMENTATION All Sanitation District Projects are divided into six (6) phases. Under this Agreement, Dudek shall provide engineering support services for Phase 4—Construction, Phase 5— Commissioning, and Phase 6—Closeout. Phase 4—Construction and Installation Services Phase 5— Commissioning Services Phase 6— Closeout PHASE 4—CONSTRUCTION AND INSTALLATION SERVICES The Sanitation District shall administer and provide field inspection for construction contracts. Construction and installation support services shall be provided by Dudek as requested by the Sanitation District. Dudek shall refer to the Engineering Design Guidelines, Chapter 01 for detailed requirements. Dudek shall provide the key management personnel as described in their proposal on this project. Dudek shall not reassign the key project personnel without prior approval of OCSD. June 7, 2013 Project No. P2-106 Page 2 of 10 Return to Mende Report OCSD may request reassignment of any of Dudek's or their subconsultant's personnel, based on that individual's performance For purposes of the proposal, Dudek shall include hours and fees in their Proposal for appropriate personnel classifications to perform the tasks described below. Task 4.1 — Preconstruction Conference Attendance at the Preconstruction Conference is not required. Task 4.2—Submittals The Sanitation District will receive and log-in all submittals from the Contractor. The Sanitation District will forward two copies of all shop drawing, data, and submittals requiring Design Consultant review. Dudek will review and provide comments to (or take other appropriate action in respect of)the shop drawings and other data which the contractor is required to submit for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs. Dudek shall return the submittal review comments to the Sanitation District within the time frame that allows the Sanitation District to meet the specification requirements for review. Dudek shall return comments to the Sanitation District allowing sufficient time for the Sanitation District to incorporate all comments into a combined review comment set that the Sanitation District will return to the Contractor. Dudek's estimate for this task shall be based on the Contractor providing an acceptable submittal as either the original submittal or the first resubmittal. Dudek shall accommodate occasional expedited reviews for time sensitive submittals. Submittals shall include but not be limited to shop drawings, commissioning plan, vendor tests, certifications, and test reports. Pre-Submittal Meeting: CONSULTANT shall attend a two-hour pre-submittal meeting with OCSD and Contractor staff to coordinate the submittal effort. For the purpose of this proposal, the CONSTULANT shall assume 25 Contractor submittals/shop drawings and 20 resubmittals shall be reviewed by the CONSULTANT Task 4.3— Request for Information (RFIs) The Sanitation District will log in and forward to Dudek RFIs generated by the Contractor or the Sanitation District. Dudek shall return written responses to the Sanitation District clarifying the requirements of the Contract Documents. Dudek shall generate necessary sketches for the clarification which can be created as CAD or hand sketches. Dudek shall occasionally expedite the review of time sensitive RFIs. Dudek will issue necessary clarifications, interpretations, and redesign of the Contract Documents requested by the Contractor through the District, as appropriate for the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. June 7, 2013 Project No. P2-106 Page 3 of 10 For the purpose of estimating the effort for this task, assume that 30 RFIs shall be reviewed and responded to by the CONSULTANT. Task 4.4—Contract Modifications, Design Changes, and Change Orders If the Contract Documents require modifications, due to changed conditions, OCSD requested changes, omissions or design errors; CONSULTANT shall prepare preliminary change order documents and forward them to OCSD. OCSD shall review the proposed change and request CONSULTANT to incorporate any changes. OCSD will issue the change order documents in a formal Request for Proposal (RFP)or Field Change Order(FCO)to the Contractor. CONSULTANT shall forward design calculations and other design backup documents as necessary to OCSD. CONSULTANT shall prepare cost estimates for the changes when requested by OCSD. For the purpose of this proposal, the CONSTULANT shall assume appropriate documentation for 10 change orders shall be prepared by the CONSULTANT. Any Contract Document that requires changes shall be identified with date of change and reference (RFI number, RFP number, FCO number, etc.)shown on the document. Changes shown on drawings shall be clearly marked and "clouded"for accurate identification of the scope of change by the Contractor and inspection staff. CONSULTANT shall maintain up-to- date Contract Documents. When a change is required on a contract drawing that has previously undergone a change, the updated drawing showing the previous change shall be used as the base document to identify new changes. CONSULTANT shall submit complete change documentation to OCSD for use in RFIs, RFPs, and FCOs. This change documentation shall include plan drawings, schematics, details, schedules, and specifications, as required. Task 4.5—Site Visits, Weekly Progress Meetings and As-Built Review Meetings Dudek shall have their Construction Project Manager or Project Engineer attend the weekly progress meetings on an as needed basis. Dudek shall bring other design engineers or suboonsultants to the weekly progress meetings as requested by the Sanitation District. The Sanitation District will generate meeting minutes. When requested by the Sanitation District, Dudek shall inspect the Contractor's as-built drawings at the 50 and 100 percent of project completion to verify that the Contractor has included all relevant information from approved change orders and RFIs. Dudek shall prepare a summary of the findings for each of these inspections and forward it to the Sanitation District. Dudek shall make field site visits or attend job site meetings to assist in field problem resolution and design clarification/verification to help resolve construction issues as they arise and as requested by the Sanitation District. Dudek shall report the nature of the field site visits, the problem resolved, and identify staff conducting the site visit in Dudek's monthly project report. The Sanitation District will provide project inspection. Dudek shall attend the job walk for beneficial occupancy. June 7, 2013 Project No. P2-106 Page 4 of 10 Return to Mende Report Dudek shall assume 12 site visits for the Project Manager and 20 site visits for the Project Engineer which includes attendance at progress meetings, as-built drawing checks, site visits to resolve construction issues, and attendance at the job walk for beneficial occupancy. Task 4.6—Claim Avoidance and Dispute Resolution Assistance Assistance for claim avoidance and dispute resolution will be negotiated on an as-needed basis. Task 4.7— Pre-Commissioning Pre-commissioning activities shall include work to ensure the commissioning team is functional, the commissioning plan is in place, and test procedures are developed. Pre-commissioning includes the ORTs, and FATS and RATS. Dudek will provide up to 2 reviews of the Contractor's commissioning plan. OCSD staff will conduct a Gate meeting with management to gain approval of the commissioning plan and acceptance to move from pre-commissioning into commissioning. Task 4.7.1 —Meetings, Workshops, and Submittal Review Dudek shall attend the pre-submittal meeting for the Contractors Commissioning Plan and subsequent meetings regarding the commissioning plan as requested. Dudek shall review the Contractor's commissioning plan and assume up to two reviews for the commissioning plan. Dudek shall participate in one two-hour workshop to provide input for the review and update the communication plan and the risk plan. OCSD will update the plans. Task 4.7.2— Factory Demonstration Tests Dudek shall review the Contractors test plan (two review cycles)for the factory demonstration tests including the boiler burner control system. Dudek shall be present at the boiler burner control system factory demonstration test. Direct costs shall be included for travel expenses in the proposal. Task 4.7.3—ORT/FAT/RAT Test Procedures in Field Dudek shall develop test procedures for field testing of the feedwater pumps, boiler burner control system, and the 1/0 points transmitted to OCSD SCADA system. Task 4.8—Operation Manual and Procedures (OMaP) Dudek shall create Operation Manual and Procedures (OMaP)for the operators that shall completely describe the functionality of the system based on the feedwater and boiler burner control systems interactions and controls, monitoring points, system features accessible or programmable by operators, and drawings. All features of the system shall be described for normal equipment operation, fail-over equipment operation, and emergency equipment operation. The OMaP shall follow the content requirements described in Exhibit A. Dudek shall not start work on the OMaP until authorized by the Sanitation District. The basic information requirement would not change, but the organization and file structure or other standardization may change as the OMaP format is further developed by the Sanitation District. June 7, 2013 Project No. P2-106 Page 5 of 10 The OMaP shall be complete prior to the Commissioning Phase of construction. The OMaP shall be submitted, reviewed, all comments incorporated, additional review cycles completed, and OMaP accepted by OCSD prior to any Operator Training prior to the Functional Acceptance Test described in the construction documents. OCSD will comment on the OMaP submittal within 30 days upon the submittal receipt. The Consultant shall address, resolve and/or incorporate the comments and resubmit for review. Native and PDF electronic files shall be submitted. One hard copy shall be submitted for each review cycle. The OMaP shall be updated after the project startup. Task 4.9 Equipment and Instrument Database Dudek shall complete the consultant required entries in the EID as defined in the contract specifications for this project. Native electronic files shall be submitted. Task 4.10—Project Management for Phase 4 Task 4.10.1 General Management Dudek shall be responsible for management of their staff and subconsultants and shall keep the Sanitation District appraised of the status of their work on the project. Dudek shall provide the key management personnel as described in their proposal on this project. Dudek shall not reassign the key project personnel without prior approval of the Sanitation District per Section 9 of the Professional Consultant Services Agreement. The Sanitation District may request reassignment of any of the Dudek's or their subconsultant's personnel, based on that individual's poor performance. Dudek's Project Manager shall conduct monthly project meetings via telephone with the Sanitation District's Project Manager. These meetings shall be at a mutually agreeable time, generally around the second week of the month. The purpose of the meetings shall be to review the Dudek Project Manager's report and the status of the project scope and budget. Meetings should be arranged so that the progress report can be discussed at each meeting. Other meetings shall be scheduled on an as needed basis or conducted when Dudek's Project Manager plans to be at OCSD for other site visits. Task 4.10.2 Progress Report Regardless of when the monthly Project Manager's meetings occur, Dudek shall submit a monthly progress report that will include the following: • Work completed to in the past month • Work anticipated for the upcoming month • Outstanding project issues • Status and Issues impacting project scope and budget • Construction contract changes • Percent complete, tabulated on a per task basis • Overall project budget, tabulated on a per task basis • Travel and site visit summary June 7, 2013 Project No. P2-106 Page 6 of 10 Return to Aaenda Report Task 4.10.3 - Invoices Dudek shall prepare and submit monthly invoices to the Sanitation District. The invoices shall document the resource hours and billing rate for each person that works on the project for each task. Overhead, profit and any direct costs shall also be shown for each task. As part of the summary section of the invoice, Dudek shall also include the following information: • Budget • Previous billing period total invoiced to date • Current billing period invoicing • Current billing period total invoice to date • Budget Amount Remaining • Current billing period total percent completed to date A workbook shall be provided by OCSD that contains the required data. This workbook shall be filled out by Dudek and submitted transmitted electronically to the OCSD Project Manager for each invoice. The cost component breakdown for each element above shall match that of the PCSA. The monthly progress report shall be submitted with the project invoice as part of the monthly request for payment. Dudek shall also provide percent budget spent for each of the Sanitation District's cost codes (i.e. by work package and phase). The list of cost codes by phase is included with the Request for Proposal and included in the invoice workbook. The workbook shall be originally filled out as the proposal matrix. The workbook is included as Exhibit B. This workbook will be subsequently modified and used as the invoice structure to track resource hours and expenditures against the work breakdown structure. Dudek shall include hours for project management services including tasks that will be performed by the Dudek throughout the construction, commissioning and closeout phases of the project. These tasks are included in a separate section to facilitate tracking of resource hours and fees by both the Consultant and the Sanitation District. These services include coordination of staff and subconsultants, and project status tracking and reporting. PHASE 5—COMMISSIONING SERVICES Dudek shall provide commissioning services as requested by the Sanitation District. For purposes of the proposal, Dudek shall include resource hours and fees in the Proposal for appropriate personnel classifications to perform the following tasks. For all services, Dudek shall refer to Engineering Design Guidelines, Chapter 01 for detailed requirements. Task 5.1 -Assist in Start-up Services Dudek will not be required to participate in start-up services. . Task 5.2—Training Dudek will not be required to provide training for the Boiler System. June 7, 2013 Project No. P2-106 Page 7 of 10 Task 5.3— Project Management Dudek shall also include project management support resource hours related to Commissioning under this Phase for the subtasks described in Task 4.9 above. Monthly progress meeting shall be via telephone call. Task 5.4— Final OMaP Following commissioning, the Consultant shall address, resolve and/or incorporate any comments, additions or changes to the OMaP discovered during commissioning requiring revision and then resubmit for review. Incorporate any final comments and submit the final documents. Native and PDF electronic files shall be submitted. PHASE 6—CLOSE-OUT Close-out tasks include completion of punchlist work by the Contractor, final inspection, completion of record drawings and electronic data. Dudek shall submit a final invoice at the completion of the project. Task 6.1 — Final Inspection Dudek's attendance at the Final Inspection is not required Task 6.2— Record Drawings With resource hours accounted for under Site Visit Task 4.5, CONSULTANT shall inspect the field markup set maintained by the Contractor and inspected by OCSD staff at the 50 and 100 percent completion points of construction. As part of the review process, CONSULTANT shall verify that the Contractor's As-Built set correctly reflects the information included in the approved shop drawings, approved field change orders, plan clarifications, plan changes and other deviations from the conformed drawings, and that the information in the set is complete. Based on the findings, CONSULTANT shall prepare a written report on the completeness of the field markup set. CONSULTANT shall attend periodic workshops with the Inspector, Resident Engineer, and Enterprise Information Management to ensure Contractor's As-Built set contains all relevant material. Discipline engineers shall meet with the Contractor and inspector to reconcile conflicting information and ensure all contract changes have been incorporated. Under this task 6.2, CONSULTANT shall prepare draft record drawings from the approved Contractor's As-Built set for all drawings in accordance with the requirements in the CAD Manual. The CONSULTANT shall submit the draft Record Drawings to OCSD Project RE. The Draft Record Drawings will be reviewed for content and CAD Compliance by OCSD staff. A comment log will be returned to the CONSULTANT and, if any comments are generated, the CONSULTANT shall revise the record drawings and resubmit to the RE for review of the changes and acceptance of the record drawings. When no additional comments are identified, CONSULTANT shall prepare the final record drawings and submit them along with the Contractor's field markup set to the Project Manager. All record drawings shall contain a stamp indicating: June 7, 2013 Project No. P2-106 Page 8 of 10 Return to Mende Report "Record Drawings These Record Drawings have been prepared based on information provided by others. The Engineer has not verified the accuracy of this information and shall not be responsible for any errors or omissions which may be herein as a result." The stamp shall optimally be placed in the bottom right hand comer of the border and may be included via x-ref. If importing the stamp via x-ref interferes with content in the bottom right hand corner, the stamp may also be placed in other open space along the bottom of the border. In addition, a note shall be placed over the engineer's seal stating that"This drawing was originally approved for construction by [name of engineer] on [date] and sealed by [name of engineer] a licensed professional engineer in the State of California No. [License number] ". CONSULTANT shall submit an electronic copy of the record drawings to OCSD for review and approval. The acceptance of the record drawings shall be deemed a condition for completion of work. The Contractor generated drawings described in the Design Guidelines and the shop drawings will not be updated by CONSULTANT. The format for delivery of the submittals shall be as specified in the Design Guidelines section titled "Software and Electronic File Format Requirements". Native electronic CAD files and PDF electronic files shall be submitted. One set of hard copy on bond shall be submitted. Dudek shall prepare the electronic file of the Final Conduit, Tray and Cable Schedule updated to reflect the as-built conditions based on the Contractor's and OCSD's "red-line" drawings, and ready to merge to Facility Model documentation (electronic media submittal is required). Task 6.3— Final EID Dudek shall review the EID for as-built conditions and make necessary changes and resubmit to OCSD. The database shall be ready to merge to the Facility Model documentation. Task 6.4— Lessons Learned Dudek shall attend a two-hour meeting six (6) months after final payment to the Contractor to evaluate the effectiveness of the scope of work and project management procedures and to consider improvements for future projects. The Dudek shall prepare an agenda for the meeting. Meeting minutes will be prepared by OCSD. Task 6.5— Project Management Dudek shall also include project management support resource hours related to Close-out under this Phase for the subtasks described in Task 4.9 above. Monthly progress meeting shall be via telephone call. June 7, 2013 Project No. P2-106 Page 9 of 10 V. STAFF ASSISTANCE The Sanitation District staff member or designee assigned to work with Dudek on the construction phase of this project is Wendy Sevenandt at(714) 593-7392, email at wsevenandtO.ocsd.com , or fax at (714) 964-4775. WTS:eh EDMS: 0039/5.1 a EXHIBITS: Exhibit A-Operations Manual and Procedures (OMaP) Content Requirements June 7, 2013 Project No. P2-106 Page 10 of 10 Return to Aaenda Rom P2-106 PCSA EXHIBIT "A" OPERATIONS MANUAL AND PROCEDURES CONTENT REQUIREMENTS Exhibit A Operations Manual and Procedures Content Requirements OCSD maintains on-line Operations Manual and Procedures(OMaP)for all collection system and plant facilities. OMaP is designed for collection system and plant operations staff. It provides information necessary to operate and maintain collection system and plant facilities. For collections system staff, the OMaP serves as a procedures manual for operating and mechanically maintaining OCSD's sewers and pump stations. For treatment plant operations staff, the OMaP is similarly a procedure manual for operating OCSD's treatment plants. Plant operations staff does not perform maintenance work and so typically treatment plant maintenance procedures are not included in the OMaP. Maintenance procedures are included in the Equipment Service Manuals prepared by the Contractor. For collections and plant projects, the Consultant-developed Operations Manual portion of the OMaP is organized into separate sections addressing each process that is further broken down unit processes. Enough detail shall be provided that a qualified wastewater treatment plant operator, California Grade III or above, or similarly qualified collections system maintainer, unfamiliar with the process, could operate the process with just the information provided. Process areas in the OMaP are organized on the OCSD SharePoint site as follows: • Introduction • *Design Criteria • c@ Theory of Operation • Equipment Controls • *Consultant Recommended Procedures • ®Safety • OTroubleshooting SPACSD OW SOw for Co ubrft 1 12/19 11 Return to Agenda Report Below is a general content description of all seven chapters; content may vary slightly depending on the specific delivery need of the project. OMaP for P2-91 serves as an example and can be viewed upon request, or a hardcopy printout can be made available. Introduction The Introduction Chapter shall consist of two major topics: • Purpose • Overview Purpose consists of a single topic, a few sentences in length, stating the system purpose or a bulleted list of things the process accomplishes. This section shall describe the"why" of the system or equipment. Overview shall provide a list of the main components, in order of flow, including upstream and downstream process connections. This is to orient the reader as to the complexity and limits of the system. This section shall include a brief description of the system and equipment to give a general idea of the functioning and general layout of the facility to accomplish the purpose. It shall describe a general perspective of the"what and where'of a system or equipment and describe how major components function together as a system. For most systems/equipment, the overview shall consist of a single topic. For most processes, the Introduction chapter shall be further broken down with subheadings for each major system of the process. The Overview shall include graphics or schematics to enhance the meaning of the content and provide the reader with illustration(s)of the system. At a minimum, the following graphics shall be provided: Process Flow Schematic • Facility Location Map • Plan identifying the location of project(new or improvements) • Hydraulic Profile • Process Piping Plan • Overview photograph of each system that supports the process SP:OCSD Oh Psow laC uttants ] 12119WI1 Graphics/schematics provided in JPG or GIF format shall be loaded as an image on the page. Graphics/schematics provided as PDF shall be uploaded as an object and associated to the page. Design Criteria The Design Criteria chapter documents the Process Design Criteria. The process design criteria topic shall predominantly consist of detailed process design information and basis of design, such as flow rates,wastewater characteristics, process capacities, loading rates, retention times, equipment information etc. If the process involves chemical application,the chemical strength, dosages,and feed rates shall be included here. In the narrative explanation, provide a discussion as to why each particular process element was selected. For most processes, the Design Criteria chapter shall have design criteria information further broken down into individual tables for each major system and pieces of equipment. Process Design criteria typically shall be listed in a table such as the one below. [ENTER SYSTEM NAME] Design Criteria Parameter Criteria Ti 1 Process equipment and related details typically shall be listed in a table such as the one below. [ENTER SYSTEM NAME] Process EquipmentlElements EquipmentlElement ETn# lilt ff SP:OGSD OWP SOW f Cans ,u 9 1211M011 Return to Aaenda Rom rt • _ Theory of Operation This chapter addresses the principles, assumptions, and explanation of the workings of the process or facility. It describes the"haw'of a facility and often also describes"hoe"equipment works. Topics cover the abstract explanation of the principles that govern the process and its subprocesses without dealing with equipment functioning or details, except when the equipment serves to carry out the theoretical needs of the process. This section complements other generally available comprehensive theoretical sources. Calculations, chemistry, formula,equation and other unusual or unique features of the process shall be included in the Theory of Operation Chapter. Simple formulas may be typed directly in the text. For complex formulas, create a separate graphic(JPG or GIF)file. - Equipment Controls The Equipment Controls chapter contains a narrative explanation of the control loop for the equipment systems within the process, including interlocks and permissives that convey the original design intent. For most processes,the Equipment Controls chapter shall be further broken down into individual subheadings for each major system. The SCADA system controls shall be included in this segment. Use the operating philosophies and SCADA control strategies as documented in the conformed plans and specifications and the SCADA screens for development of this material. The CONSULTANT shall obtain the final SCADA screens from the OWNER after the SCADA System Reliability Acceptance Testing. After commissioning, the CONSULTANT shall update the Facility O&M Manual to reflect As-Built conditions. Provide an integrated explanation of the operating philosophy for each component followed by a control summary table. A three column table will be provided for each piece of equipment that identifies the "Control"or"Indicator"in the left column, its"Location" in the middle column, and a brief description (no more than two to three lines) of the component"Function". In the"Function"column, identify panel tag descriptors in bold (ex: Hand, Off, Auto, Remote,etc.). Include ranges and set points for each meter, gauge, and other analytical equipment. SP:OCSD OMeP SON/fu Cwn flan 4 12119MIl Typical equipment controls include: • Circuit breakers and main power switches. • Control and mode selector switches. • Pushbuttons. • Meters, gauges and analytical instruments. • Status lamps, by color. [Enter Process Name or Equipment] Equipment Control Summary Control or Indicator Location Function Develop a separate table that locates equipment controls that are monitored or controlled through CRISP. This table has two columns. The first column poses the question"Where Do I Find?" The second column identifies the"CRISP Screen"where the information is displayed or the controls are set. -Typical questions to answer include-Where do I find: Equipment Control Mode • Status • Alarms • Feed Rate • if interlock conditions have been met • how to operate a piece of equipment in Manual Mode [Enter Process Name] CRISP Summary Where Do I Find? CRISP Screen Note: For complex process areas that have multiple systems, a comprehensive control description shall be developed for the entire process. A separate section for each system that supports the process shall be developed. SP:OCSD OMaP SOW for CwnftaM a 1211&2011 Return to Agenda Report As a minimum the following graphics shall be included in this chapter: • Facility Location Map of the Process • Schematic Flow Diagram of the Process • Panel Location Map • Panel Photographs • Pump Performance Curves • P&ID • CRISP Summary • CRISP Screens Photographs • Photos of installed equipment/controls with arrows identifying critical equipment and controls Consultant Recommended Procedures This chapter details operating descriptions for system(s)and components within a system. It contains multiple topics, each covering a different procedure. It contains topics covering procedures for routine operations, equipment check schedule, system start-up, system shutdown, and abnormal procedures. For most processes, this chapter shall include individual tables for each procedure. Below are the specific requirements for each topic: • Routine Operation and Equipment Check Provide a schedule of Equipment Checks during the normal Operation/Inspection Rounds for Operations and Collection system personnel. Provide notes or supplementary text describing any activities that need further description to be clear. [ENTER SYSTEM NAME] [Equipment Name] Cheek Schedule Equipment Cheek Daily !Weekly �,MaWA* Quarterly Annual '..., I I SP OCSD OMaP SOW for rA halts 6 1V1QQ011 • Process Monitoring Activities Provide a list and observation status of Process Monitoring Activities during the normal Operation/Inspection Rounds for Operations and Collection system personnel. Provide notes or supplementary text describing any activities that need further description to be clear. [ENTER PROCESS NAME] Process Monitoring Activities/Procedure Step Observation [ENTER SYSTEM COMPONENT NAME] 1 Entry 2 Entry • Maintenance Schedule and Procedures(Collection Projects) This section shall include a description and schedule of preventive and predictive maintenance activities for Collection system personnel. The CONSULTANT shall use the Vendor Equipment Service Manuals supplied by the Contractor as a starting point in developing mechanical maintenance procedures, and shall refer to the reader to the tab where these manuals can be found. A schedule of preventive maintenance activities is created for each piece of major equipment by process area. Note that this section covers only mechanical maintenance; electrical and instrumentation maintenance activities are not included and are covered in OCSD's CMMS system instead. [ENTER SYSTEM NAME] [Equipment Name] Preventive Maintenance Schedule Maintenance Task Daily Weekly Monthly Quarterly Annual i { • Start-Up Procedures The Start-up procedures topic consists of step by step start-up procedures for the system in two separate modes—manual and remote. Individual components shall be addressed separately. SP:OCSD OMaP SOW fa CwsunMs r 12I19W11 Return to Agenda Report • Shutdown Procedures The Shutdown procedures topic details step-by-step shutdown procedures for the system as individual components and addresses four separate modes—manual, remote, short-tern and long-term. • Abnormal Procedures The Abnormal Procedures topic shall detail step-by-step procedures for alternative operating procedures. A typical abnormal procedure would be process operation during communications failure or power failure. Note: All step-by-step procedures shall identify the control panel(s) and reference control devices necessary to perform the procedure. In general, sufficient detail shall be provided that a qualified operator unfamiliar with the process could perform the procedure without additional knowledge except what is found in this manual. • Access/Maintenance: The CONSULTANT shall also provide maintenance information that would not be contained in Contractor supplied Vendor Equipment Manuals. Examples would include use of cranes to remove equipment, use of doorways to remove equipment, accessing equipment inside the manhole, maintenance required for structures, etc. Safety This chapter includes safety risks and concerns related to the area, processes, equipment and controls in the project. The CONSULTANT shall address the following: • Identify safety hazards- Include a paragraph describing the hazard and a photograph illustrating the hazard. Typical hazards may include trippinglKalling hazards, permit- required confined space entry, explosive or toxic gasses, low headroom, drowning, traffic hazards, etc. • Characterize safety risks and concerns and recommend safe practices(specifically related to the equipment, process and controls included in this project). Coordinate with and, where appropriate, reference adopted OCSD Safety procedures by number and date. • Identify confined space and area classification SP:OCSD OMaP SOW for Coosurants 8 1ZF19W11 • List of all safety related equipment and its location— Use the format of the table below to identify things such as fire extinguishers, telephones, emergency eyewashes/showers, ear plugs(for processes requiring hearing protection), methane or hydrogen suede alarms, etc. [Enter Process] Safety Equipment Equipment Location Troubleshooting This chapter includes a process specific troubleshooting guide for the area. For plant projects, equipment troubleshooting is covered in the Vendor Equipment Service Manual and will not be repeated here. The Equipment Service Manuals can be added as a Related File. Presented below is the troubleshooting guide for the [ENTER PROCESS NAME] process. Troubleshooting: [ENTER PROCESS NAME] Observation Possible Cause Possible Solutions SP:OCSO OMaP SOW for Constitants 9 1V1912011 Return to Aaenda Report Maintenance(Vendor Equipment Service Manuals) Vendor Equipment Service Manuals are the operation, installation and maintenance manuals provided by equipment vendors for each piece of equipment for capital projects. These manuals typically are submitted by Contractors in electronic format for inclusion into OCSD OMaP. Where appropriate the CONSULTANT shall reference them in the Consultant-developed operation manuals. In cases where a Vendor Equipment Service Manual does not exist in electronic format for a spec component but should be referenced by the Consultant-developed manual, the Vendor Equipment Service Manual shall be scanned into electronic format and provided to the OWNER. An assessment of such Vendor Equipment Service Manual shall be provided.This information can sometimes be found in OCSD's CMMS database and can be provided to the CONSULTANT by the Owner tithe equipment Loop Tag Number(s) is available. Vendor Equipment Service Manual Assessment shall include the following: Date:that equipment went into service. ()zlyy/=format) Title: of the equipment manual(Example: Operation, Installation and Maintenance of Fairbanks Morse Series F Vertical Turbine Solids Handling Pumps) Source: The name of the manufacturer. Keywords: OCSD shall provide a data dictionary of terms to use for the project. At a minimum the keyword assessment shall include the project number(P1-76), project name (Trickling Fitter Upgrade),the Design Engineer, specification section number(11117), structure names where equipment is located (Trickling Fitter Pump Station,TFPS),equipment process descriptions, process area location number(s), process area location name(s),equipment tag numbers (12BPMP010, 12BPMPOl 5, 12BPMP020), manufacturer's name(Fairbanks Morse),the Asset Description(s)from the EID(pump, centrifugal, impeller), and key process and function descriptors like "trickling fitter recirculation pump" or "pulsation dampener". Figures Figures are defined as picture or drawing files that are created to clarify or illustrate a concept in the O&M Manual or are based on simplified drawings based on the construction set. An assessment of each figure shall be provided in an XLS file supplied by the OWNER and filled in by the CONSULTANT. The Figure Assessment shall include the following: Date: Figure was created or revised. (Example: 11/1)2005) Title: Caption that identifies the figure. (Example: P2 Hydraulic Prortle). Source: The person or entity generating the figure, normally the Consultant. Keywords: The OWNER shall provide a data dictionary of terms to use for the project. SP.00SD OMaP SOW far Consultants to 1W1a2011 At a minimum the keyword assessment for figures shall include the project number; project name,the name of the firm that developed the figure, structure names, equipment process descriptions; process area names; process area numbers; equipment loop numbers; etc. (Example: P1-76; Trickling Filter Rehabilitation and New Clarifiers;, Black& Veatch, Trickling Filter Pump Station; Water Systems, 12A, 12B, 12C;Secondary Treatment General, TF Facilities, Blower Building Facilities; 12AF-130, 12AF- 104, 12BL-013, 12BZ-016, 12B6-016.) Permit Permits are binding legal agreement between OCSD and a regulatory agency. An example would be the NPDES permit. An assessment of each permit shall be provided in an XLS file supplied by the OWNER and filled in by the CONSULTANT. The Permit Assessment shall include the following: Date: that permit was issued. Title: of the permit(Example: Plant 1 Can Gen Air Quality Operating Permit) Source: The regulatory agency that issued the permit(example: SCAQMB) Keywords:The OWNER shall provide a data dictionary of terms to use for the project. At a minimum the keyword shall include the permit topic(examples: air emissions, biosolids, effluent discharge, pretreatment)and the collection system or plant process location number and name that the permit covers, (Example: Area 16, Plant 1 Central Generation). Training Material Training Material consists of word processing documents(DOC, pdf), spreadsheets(xis, pdf), Power Point(ppt), Flash or other electronic presentations that were prepared for the purpose of training OCSD staff. Video presentations shall be provided in Flash, QuickTime, or AV format, as well as native format if not originally in one of the foregoing formats. An assessment of each file shall be provided in an XLS file supplied by the OWNER and filled in by the CONSULTANT. The Training Material Assessment shall include the following: Date: Date that training was delivered. (12101/2007) Title: Title of the presentation, document, spreadsheet, etc. (Example: Trickling Filter Pump O&M Power Point Slides) Source:The person or entity creating the material, normally the manufacturer Keywords: The OWNER shall provide a data dictionary of terms to use for the project. At a minimum the keyword assessment shall include the training topic(s) (ex.: trickling filter pump operation, trickling filter recycle control); the collection system or plant process location number; the location name; the equipment loop numbers; and,for speck equipment training,the equipment loop tag numbers. SROCSD OMaP SOW for Conauka 11 12119 11 Return to Agenda Report Photographs Photographs used in the WORD document shall be provided a separate file for each photograph in JPG format as well as native format if not originally in JPG format. The photographs shall be provided at a resolution of 1024 x 768 pixels. An assessment of each photograph shall be provided in an XLS file supplied by the OWNER and filled in by the CONSULTANT. The Photograph Assessment shall include the following: Date: that photograph was taken. (Example: ex. 08/19/2007) Title: Enter the same caption as used in the WORD file. Source: The photographer and photographers employer, or other source of the photograph Keywords: The OWNER shall provide a data dictionary of terms to use for the project. At a minimum the keywords shall include the photographer, the location, equipment tag number and name of the equipment, (Example: Trickling Fitter Pump Station, TFP-1001). SP:OCSD OMaP SOW for CwsultaMs 12 12 Wall P2-106 PCSA ATTACHMENT "D" ALLOWABLE DIRECT COSTS Return to Mende Report ATTACHMENT "El" ALLOWABLE DIRECT COSTS i All long distance toll charges incurred will be reimbursed as direct costs. Toll LONG DISTANCE TOLL i charges to area codes serving Los Angeles, Orange, Riverside,and San CHARGES Bernardino Counties will not be reimbursed. 1 FACSIMILE TRANSMISSION Facsimile transmission charges will not be reimbursed, except the long distance toll { CHARGES charges,as described above. i } In-house reproduction of records and documents will not be reimbursed by the REPRODUCTION AND OCSD. Use of an outside copy service for specialty items and volume reproduction PRINTING CHARGES will be reimbursed at direct cost Use of a professional printing service will be reimbursed at actual cost OVERNIGHT MAIL DELIVER Use of Federal Express, Express Mail, UPS, or such similarly-related service,as AND MESSENGER SERVICE well as a messenger service,will be reimbursed at direct cost only when necessary. POSTAGE Incidental postage will not be reimbursed by OCSD. FILM PROCESSING Film processing will be reimbursed at actual cost COMPUTER USAGE Computer use by Consultant and/or support staff will not be reimbursed. MILEAGE AND TOLL FEES Per mile reimbursement will be at the current rate set by the Internal Revenue Service. Toll fees will be reimbursed. TEMPORARY STAFF The use of outside temporary support staff will be reimbursed at direct cost with prior approval of OCSD. OFFICE SUPPLIES The purchase of office supplies by Consultant will not be reimbursed. The cost of lodging including room and all applicable taxes will be reimbursed. LODGING Lodging incidentals including movies, intemet, laundry service, valet service, room service, etc, will not be reimbursed. GROUND TRANSPORTATION The cost of ground transportation for taxi, shuttle,train, etc.,will be reimbursed. Limousine service will not be reimbursed. Airline ticket cost including one bag will be reimbursed only if pre-approved by AIRFARE OCSD. First class tickets will not be reimbursed unless pre-approved by OCSD. Membership dues for corporate card frequent user programs or the cost of airline club membership will not be reimbursed. AUTO RENTAL Rental car cost and rental car gas will be reimbursed. PARKING FEE Parking fees for hotel, airport, rail station, etc will be reimbursed. Meals including tip for traveler will be reimbursed. Meals for non-traveler included on traveler receipt will not be reimbursed. Cost of alcoholic beverages will not be TRAVEL MEALS reimbursed. Multiple travelers must get individual receipts. All receipts must be itemized;credit card receipts without an itemized receipt will not be reimbursed. The daily total reimbursement for meals shall not exceed the OCSD per diem rate which is available upon request. Cost of miscellaneous personal items such as, but not limited to newspapers, toiletries, shoeshine,tobacco products, pay TV, movies,valet services,health club MISCELLANEOUS charges, in-room mini bars, clothing and footwear will not be reimbursed. ATM/bank fees incurred by professional while traveling will not be reimbursed. Costs for project team lunches will not be reimbursed unless pre-approved by OCSD. PCSA PROJECT NO.P2-106 Revis on 111312 P2-106 PCSA ATTACHMENT "E" FEE PROPOSAL Return W tl R n DUDEK 605 INOWT Street TI".1TM,47 F760.NIR01O T)6p.H25HJ F]60.6R.OIN July 31,2013 Dudek PN 6705 Revised August 12,2013 Ms.Wendy Sevenarx t Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708 Subject: Proposal for Professional Consultant Services Proposal for Boiler System Rehabilitation and Scrubbers H & I Demolition, Project No. P2.106 Dear Ms.Sevendandt This letter responds to the Orange County Sanitation District's (OCSD) Request for Fee Proposal for Professional Consultant Services Agreement (Request for Proposal, RFP) dated July 15, 2013 for engineering support services during construction of the Boiler System Rehabilitation and Scrubbers H Sd Demolition, Project No. P2-106. BACKGROUND AND APPROACH Dudek completed design of the subject project in July 2013,with Final Design Submittal (FDS) submitted July 26, 2013. The FDS scope of work includes the following major elements: • Replacement of the feedweter system with a new packaged deaemtor feedmter skid system, complete with a manufacturer-furnished control panel and retrofit of the existing feedwawr pump maw controls in MCC-SL; • Replacement of the burners units for the two existing 250 BoHP steam boilers, complete with manufacturer-furnished control panels (three total) and local starter panel to bring the boiler system into compliance with 2015 AQMD emission goals; • Integration of limited status and alarm signals from the local control systems to OCSD's existing SCADA system; • Demolition of abandoned trunkline scrubbers H & I and associated ductwork and appurtenances. SCOPE OF WORK OCSD prepared a detailed scope of work for the engineering services during construction (ESDC)that generally consists of Construction and Installation Services (Phase 4) including review of submittals, requests for information (RFI), change order support, and construction phase meetings and site visits, Commissioning Services (Phase 5), and Ciose-out (Phase 6). Dudek takes no exceptions to the requested scope of work PROJECT TEAM Dudek proposes to accomplish the requested scope of services with the key team members that completed the design of P2-106, including: W W W.DUDEK.COM • Tom Falk, PE, engineer of record and project manager will be assigned to this ESDC contract as the Construction Phase Project Manager. • Michael Hill, PE, lead project engineer will be assigned to this ESDC contract as the lead project engineer. • Romeo Flores, PE and Ninh Nguyen, the electrical discipline engineer of record and design engineer, respectively will be assigned w this ESDC contract to support the ESDC-team with electrical and I&C submittals and RFIs. • Key mechanical engineering consultants, Keith Matoi (KMA Consulting) and Don King (DHK Engineering) will be retained to provide as-needed support during the construction phase for the mechanical system submittals and RFIs and air quality permitting. • Steve Deering, PE, Dudek Principal-In-Charge for the P2-106 project will continue in that capacity for this ESDC contract • We have also included in-house support staff,Jane Costello (civil engineer), Nikki Hunter (Sr. Designer), Kris King(CADD Drafter),and Pam Bristow(Administrative wpport)to support the ESDC team as required to accomplish the requested scope of services. SCHEDULE AND BUDGET The P2-106 Construction Documents specify a12-month contract duration. We understand that the project will be publicly bid in August and that construction is expected to commence prior to the end of 2013, with substantial completion expected prior to the end of 2014, The requested scope of services are expected to be accomplished within that timeframe. We have prepared our fee estimate in the Excel spreadsheet matrix by task, as provided in OCSD's request for proposal. Attached to this letter Is the fee summary in the requested table-format The completed Excel spreadsheet fee breakdown matrix will be provided electronically. If there are any questions or 9 additional information is required, please do not hesitate to call or email me at 760.479.4149 or tfalkOdudekcom Sincerely, I` ^ V� Tom Falk, PE Project Manager Attachments: I. Fee Estimate Table D U D E K P2-106,ESDC Proposal 2 July 31, 2013 Revised,August 12,2013 Return to Agenda Repon Fee Proposal Letter Form Project P2406-Boller System Rehabilitation and Scrubbers H S I Demolition Consultant Services Including: DUDE Raw Labor $ 61,556 Fringe Rate%(Raw Labor x%) 47.1% $ 28,993 Burdened Labor(Raw Labor+Fringe Rate) $ 90,549 Overhead(%x Burden Labor) 90.55% $ 81,992 Subtotal $ 172,540 Profit(Overhead+Burdened Labor) 10% $ 17,254 Total Direct Cost, not to exceed $ 5.708 Subotal-Dudek Consulting Services, not to exceed S 195.502 Subconsultanl Services: (Section used for Subconsuhant fees greater than$100,000) Not Applicable $0 (Section used for Subconsultants under$100,000) KMA Consulting(Mechanical Engineer) $ 6,000 OHK Engineers(Mechanical/Air Quality Engineer) $ 5,000 Engineering Partners, Inc. (Electrical Engineer) $ 16,000 0 $ 0 $ 0 $ 0 $ 0 $ Subtotal Subcorisultant fees at hourly rates,not to exceed $ 27,000 GRAND TOTAL for Consultant Services,not to exceed: $ 222,502 Fee Proposal Letter Form Project P2-106-Boller System Rehabilitation and Scrubbers H S I Demoll0on OCSD Manual Consultant Services Including: rounding at each DUDEK calculation Raw Labor $ 61,55576 $ 61,556.00 Fringe Rate%(Raw"bar x%) 471% $ 28,992.76 $ 28,992.08 $ 28,993.00 Bunlened"bar(Raw Labor+Fringe Rate) $ 90,548.52 $ 90,549.00 Overhead(%x Burden Labor) 90.55% $ 81.991.69 $ 81,992.12 $ $1,992.00 Subtotal S 17$540.21 $ 172,541.00 Pratt(Overhead+Burdened Labor) 10% $ 17,254.02 $ 17,254.10 $ 17,254.00 Total Direct Cost,not to exceed $ 5,708.00 $ 5,708.00 Subotal-Dudek Consulting Services,not to exceed $ 194502,23 $ 195,503.00 3.05 muiWmr Subconsultant Services: (Section used for Subconsuhant fees greater than$100,000) Not Applicable $ - - (Section used for Subconsuaants under$100,000) KMA Consulting(Mechanical Engineer) $ 6,000.00 $ 6,000.00 DHK Engineers(Mechanical/Air Quality Engineer) $ 5,000.00 $ 5,W0.00 Engineering Partners,Inc.(Electrical Engineer) $ 16,000.00 $ 16,000,00 0 $ 0 $ 0 $ 0 $ 0 $ Subtotal Subconsultant sees at hourly rates,not to exceed $ 27,000.00 $ 27,000.00 GRAND TOTAL for Consultant Services,nnt to exceed: $ 222,602.23 $ 222,503.00 PROPOSAL WORKS- Return to Aaende Rom Dudek F1OSQ 605 Third Sheet Encinitas,CA 92024 i 5222.5022i Orange County Sanbabon District P.O. Box 6127 Fountain Valley,CA 92728-6127 ATTN: Lisa Rogers,Accounts Payable cc:Wendy Sevenandt,CIP Project Manager Project P2-106-Boller System Rehabilitation and Scrubbers H 81 Demolition f"�mff�DPLnma- -DnterNo.';-�- SUMMARYCORTRACTSTATUS Pravbusly Remaining % DUDEK Butlgat Amaum Billed This Period TO D.W Bud et Com lets Labor+OH 5 1]2,540 Pmfl s 17,254 Dlred Costa $ 5,708 Sabconsaeaft S 2].00v Total 5 222,Se2 Pnviousy Work Package 0escdp0an Budget Amount Bllletl TKU Periotl TO gets as Com late 3350 Consu noNlnstallation 5 164203 3130 mmissionin Services 5 15,251 3550 poseoul 5 23,038 Total a M 502 IPA PToJoct PY-1e6-Boller System RehaEilgaBon and ScmbWm H S I DamoliBon TAEK-BY-TASK HMXCE SN RY Budget PreW E olnly Remeinlnp Taaa Re. Anewm Bllbd Tnk Period To Oet¢ Butl et %ComPlal¢ e.t P1ewIMEumon CaMamw S U SOmXW¢ 22,511 S eJ R wabO Mo MllKOtmalon 18e25 S _ /A Coads end CO S U.400 S A5 S Vw eM Wee Meeli 22M2 Cla / R a.6 ma Aw,Un ullon E - E a] Aewmmiunn E 1e913 E f a.6 OWP E 3]H2 E - 4.10 Manage 15620 aM Wad, Sandnoa Budgat P A.tsly TMe ftM TO Dab 0.emanlrp %C.*w Taaatb. n AmwM Blind Bud 5.1 NWINh &Niee - E 5.2 T E E 9 E 4061 S 5A F W WP g wnkp Ob 261 Budget Prerioefly Thls Period TODab Reme1e4p ,L COn10,a,a T+M Mo. I1mouM Billetl 8u 6.1 FUWI $ 62 RaixtlDanOnaa S 1¢132.17 S . 6.3 FYW Nvunenle6rn E 36a.]a $ BAN. E 1 R E ES E 2900.]5 3 A36 R t t o tl R tl Role Name Rate Prin En f -Steve Deerin - 9973 Pro Mar Tom Falk 89.82 Pro En r Michael Hill 48.06 sr En r Jane Costello 81.3. Desi nerICAD Nicola Hunter - 52.9B Drafter - Kris Kin 3825 Admin Fam 6r,9tew 35.3c TBD TBD TBD OVERHEAD AT% 90.55% PROFIT AT% 10-.00% 7{e p3 8 t P 9 Pro)ect PY-106-Boller Svatem Rehablilte0on antl Scrubbers X 8 I DemollUan WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 4A-PRECONSTRUCTION CONFERENCE INVOICE DETAIL Pro En r $9.73 $ - Pm r $ W. $ Pro En r $ 48.00 S,Engr 81.33 DBEI nod $ 5288 Drafter 38.2E Atlmin $ 35.3D TBD D $ T80 $ a $ Tool WnbouNBUNanetl labor Coab D.ODIs OVERHEAD AT% D0.55% $ - PROFITAT% 10.00% $ TOTAL LABOR COST MRECT�PENSES MS PERIOD "DIREOMMUS " Or .1malvother Obecl ACWeI WA Printing B Phofo Dl.m A al WA Travel Direct A 81 WA Telephone I Direct I A ual I WA Tool mrsct Ea lase Pravleuaiy This MKotl TO Dab RemalnlnS %ComPle Billed Bud e[ LabonOH Is Prsa Dlrsot Doela romi $ Return to Aaenda Report Proposed Budget �IT VPIW Dais'. ih. redod EnCicg: 1'Oq PIt t P2403.Boger System Rehabilitation and Scrubbers H&I Demolition WORK PACKAGE 33W-CONSTRUCTION AND INSTALLATION SERVICES TASK 33-SUBMITTALS INVOICE DETAIL PM EM f W." ]Wa1 r f 89.32 0: f 3.M n f aea +".M St f a1.33 :,.: 1c,c3 3133E R.% 2M -^ f 105.91 4allar f 3325 : v .. s 73./3 AdnYn f 33D 90 �n f T0.31 f TBD f f i f - f Totel llaNiau labor taut 1N.OD f 1 T3 OVERNEADAT% 30.55% f 9.29293 PROMAT% 10.00% 1,933.5a TOTALLABORCOST 4 21,511.19 u OMa&YBOgw C4eH Aqual WA &PMb CaBU ACWeI WA TmAW Dheol Acmal WA Telephone Dena Arbral WA To41 Ding 1,033.00 Previously This Period TO Date Remaining % &fled Rud at Com late labw�dl IS,&% PMt IF 1 m D4aGCoete i 1,000 To a Project P2106-Boiler Syafam Rehabilitation and Sembbers H S I Demolition WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 8.3-REQUESTS FOR INFORMATION INVOICE DETAIL I LABOR COSTS THIS PWWOD TBD 7Rin Engr 0.73 S 398.% Prj Mgr f 80M f 3,51111.77 PM EW It a8.08 f 381A81 SrE i $IXI f DesignetWD SZ98 Moan W Ad .30 TBO 35 f It f f f f f f S S TOW fMnaouaiBONsnM laborCMb 1f8.00 i T EMe % PROFIT AD AM 80.55% f 1,03.21 PROFIT ATX 10.00% i 1,89JR1 TOTAL LA60ft COST f 18A3620 T OA P or Direq AchW WA Printing &8 Pho hoto Direct ACWN WA Tre�el Direct I MVAM WA T one Direct AcaW WA - Mel Direcl Ex noes S sUMMARYTAYK STATUS LaOonOH S 14.= It Prefi[ is tA9B I f DlreclC S f TMI S 1 S Return to Aaenda Report Project P2406-goiter Svetam Rehabilitadon and Scrubbers H M Demolition WORK PACKAGE 3360-CONSTRUCTION AND INSTALLATION SERVICES TASK 4.4-CONTRACT MODIFICATIONS,DESIGN CHANGES,AND CHANGE ORDERS INVOICE DETAIL PM Ear f WM f 30B." f 00.82 f T106Ss PrQEw f 46.03 f t m &EW 01.33 f Ges f 5200 10%12 Dndter f 362$ 764.02 Admel f 36.30 35104 TSD f f TBD f f TBD f f i f s f f 7 f f f TetY WnMmalBurderod LeOorCab 170.00 f 11 OVERNFADAT% 0D.s6% f 10,M.73 PROFlf AT% MIX% i ZIZB.M TOTAL LABOR COST f 2a.Ne.96 DIRECTEXPENSES THIS PEMOO OKceIMaNOMer D'rect Actual WA Pdrdi f%wlo DYeG Aolual WA Travel Di Actual WA Tele M1 Direct Actual WA Total DInW Ezooness TATUS LQWq CM IS nX41 f Pofi is 2 f Ouw 1$ s T f 26a30 15 Project P2408•Boller System Rehabilitation and Scrubbers H S I Demolition WORK PACKAGE 3350-CONSTRUCTION.AND INSTALLATION SERVICES TASK 4.5-SITE VISITS AND WEEKLY PROGRESS MEETINGS AND AS-BUILT REVIEW MEETINGS INVOICE DETAIL PERIOD E $389.18 F 48. 3844.61 81 Desl nerWIADS S Drafter $ 38 $ Aornn $ 35 S TBD $ $ t TBD $ TBD s s i a a s a a a Total ManhouraSurdenedLeberCosb 140.00 z31711 OVERHEADAT% 80.88% $ 8,381.17 PROFRATX 10.00% $ 174SA9 TOTAL LABOR COST DIRECTEXPENSES THIS PERIOD OfIWMai110lher Direct Actual NIA Nning 3 Phato Direct Acual NIA *. u. T.W I Direct Actual I NIA _ Tele hone DireIX AIXual WA TotalDirect Ex enses 2,688.00 SUMMARY TASK STATUS La10H $ 17,595 $ Direct Costs ---Totail 4 22,062 1 $ Return to Aaenda Report si _osesl Budge Pmjeel P2-106-Boiler Syatam Rehabilitation and Smobbera H&I Demolition WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK AB-CLAIMS AVOIDANCE AND DISPUTE RESOLUTION ASSISTANCE INVOICE DETAIL LABOR COSTS IMIS PERIOD o 1 Prn 99.73 f S 89.82 S 48.00 S Sr Engr S 81.33 - - - rw/GD S 52.98 s Draft f 38M - f Admn f 35.30 S TBD $ S 7BD S s - f s Toll Manhoumilkwdened Labe Ceab 0.00 OVERHEADAT% 90.55% f PRORT AT% 10.OD% S TOTAL LABOR COST PENS ST IS DREOEE%. --ORrcelMail101Mr Dbetl 1Atlual F Pnm &PMto uaaM AceW Te Dintl Toll DInW ExpansesSUAMIARY TASK NATO Law+OH $ Prom S Dueticoala 11s T Protect PL10S-Biller Svst9m R9hadNlapon imi Scrubban N 81 DBmolXlon WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 4.7-PRE-COMMISSIONING INVOICE DETAIL OSTS rRIS PERIOD I Pon En r S BBS3 S m&94 P M r S B9.B2 i 2156.66 PM Enor a 49.06 S 9814.81 Sr En r 91.33 D.,,./CAD D.,,./CAD 52,BB a DreXer a 38.25 a Mmh am MD TSD a i Tao a s i a a s s s Total Menhounlaunfemtl Lahortaatx 100.00 OVERRMDAT% 90.55% 3 S,TNAB PRONTAT% 10.00% 3 1319M TOTAL LABOR COST t0A13.05 SAL` OMcerMaWOMer pIn1Q el NIA �a.9 Nxwx +,sx�y' PtiMln Phalo Oka41 AONN NIA SS " Yt'.;"' Travel Dxao1 Amaw WA ;3;,.: ':z, TeIB ne -42 DM Adel NIA Tobl Dlrad Ex xM S 1,600,001 SUMMARYU LabOrrcOH S 12,194 Profl S 0 : DheM CONa S 1,%0 : Total 10.Bt Return to Aaenda Rewd f Project P2.106-Boiler Swwm RehabilihDon and Sambbers H S I Demolition WORK PACKAGE 3360-CONSTRUCTION AND INSTALLATION SERVICES TASK 4.8.OPERATION MANUAL AND PROCEDURES INVOICE DETAIL Pdn f III so so 68921 592.77 f f 3 MJZil Sr r S$1.33zos $ 3 5326 Oes" after S 52.68 1,U59.12 Arm $ 16 S T64.92 08 Admen f 35.30 ]06.08 TOO f f TBD f S { TBD E f 1 f f S S f - ' S S - Total MBnhoVNeVIWMdLaborCwb 308.00 f 17 86b.24 OVERHEAD AT% 90.55% f 16,175.16 PROM AT% 10.OD% f 3,403.84 TOTAL LABOR COST f 37,"2.23 EXPENSES THIS PERIOD OMceWaW7PW Dveq Actual NIA B more Deep Actual WA Travel Direct AOLeI WA T Oeect I Aural I WA TeblD gummimAy TASK STATUS Lebor•ON $ 34,038 Pr0fa S 3,404 Deed Coale f Tolall 37,A442 Project P2-106-Boiler Syabm Rahab8lGtion antl Scrubbers H d I Demolition WORK PACKAGE 3350-CONSTRUCTION AND INSTALLATION SERVICES TASK 6.9-EQUIPMENT AND INSTRUMENT DATABASE)EID) INVOICE DETAIL LABORCOSMYNISPAMOO ew 99. Prof MW 8922 1&55 5 A6 5 sraw 1 DasigrnrACAD 5 52 Drafter Admin 5 35.30 TOO TBD TBD 5 5 5 5 TOW ManhounVBurtlan9d La00r Coati 80.00 77t70 OVERHEAD AT% 90.56% 5 3,783.81 PROFIT AT% 10.OD% 5 796.25 TOTAL LABOR COST 87W 76 DIRECT EXPENSES THIS PERIOD o DIRECT E%PE S_.:. HA OE il 1,RK , TT +^- ^-,- Of(me/l taiVO1lWr Direct Actual WA in 8 Hh 0 Direct ActualI WA Travel Dlrect Acual I WA Tek rre Direct I Aduel I WA ' Tobd 5 SUMMARY TA KSTA WWI Labw�OH $ 7,963 $ 96706 PmN DlrectCwta $ Total 8,759 Return to Mende Report ProW P2-106-Boiler System Rehabilitation and Scrubbers H&I Ds Iffion WORK PACKAGE 3360-CONSTRUCTION AND INSTALLATION SERVICES TASK 4.10-PROJECT MANAGEMENT FOR PHASE 6 INVOICE DETAIL LABOR COSTS THIS PERIOD Pdn .73 f 1,19fi.81 Pro]Mar3 W.82 3 5,388.1fi af. f S f elm 52.95 f Ondler f W8 Mmin W.W f 705.05 TBD f TSD f TED f f f Trial WnhauN&WarotllaOor Cosh 92A9 3T OVERHEAD AT% 90.55% f f,f02.94 PROW AT% 10.W% f 1,3f9.50 TOTAL IA5OR COST 16,254A5 DfRiFCr E PEN ES THIS PERIOD ONrelM.VOMer Dlrect 1 Actual WA Prirr9n S Prow IDiredI Acluel I WA TmW IDuetI A WA Telephone I DOad I MOW I w Total Direct Experwasf tN LabanOFi f 13,895 ProfR f 1,389 O'verA Cogs is 338 TMII$ 15,320 WORK PACKAGE 3450-COMMISSIONING SERVICES TASK 5.1-ASSIST IN START4JP SERVICES INVOICE DETAIL m $ Wn F� Proj Mgr $ 80.82 ' [� _ 35.30 mE� TBD 'F$� 0® TOTAL LABOF[COST 4 p A�.l 1 WA "n _a`�ia� Teftp� I MA F� F� E� Return to Mende Report Project P2.1%-Boiler System RehabllkaBon and ScmbWm H S I CemolMon WORK PACKAGE 3450-COYABSSIONING SERVICES TASK S.2-TRAINING INVOICE DETAIL 1 P cl i i U ai..T3 - mw 02 1 s 3Prj EW i Sr Stow i S it33 i Oesl nerKAD i S Droker U 25 MJ - D i 9&W a 590 - - a - TB i TBD s a Teo i S i —_ i — a -- — $ s -- s s - s s s s s Tblwl lftahaansaWenetl labor coon 0.00 s oVERIB:ADAT% e0.55% $ - MCWTTAT% 10.00% $ TOTAL LABOR COST &RECTE)CPENSES THISPEMOD .' Eo6 TOTAC�- .wlMaluO Dlwp iMAW WA 5 B PMto 1 .1. 1MAreI WA 3 - Tm.N I Dheq I TI Deed I M0W 1WA 5. oWux1 S SUMMARYTASKSTATUS - Bud,.f Prew telY'' ThS Periotl ft Amount f BIfetl � I TO Date Butl xt.--.ry ate LacorvOM 5 Profit S Dve Cab S Tabl Projaet P2.106-Boller System Rehabllkatbn and Scmbben H 6 I DemolMon WORK PACKAGE 3460-COMMISSIONING SERVICES TASK 6.3-PROJECT MANAGEMENT FOR PHASE 6 INVOICE DETAIL f 3 Rln En 4 BB.T9 3 P rci Mar 90.82 1T60.96 r 4 40.06 i 7 Sr E 4 61.33 $ 1 D netlCAO $ 62.95 i DI 3025 i Admb i 96.90 14122 y' TBD i TBD TBD a s 3 a i i a a $ $ Tote!MBnh..M dena6 Labor Coe% xw $ 1e31.W OVERHEADAT% No% $ 1,T60.66 PROFITAT% 106e% $ 360.21 TOTAL LABOR COST $ 4,Wl.31 ��yy�� DIRECT EXPENSES THIS PERIOD OHlce/Ma1/01hOr Dyeq AabW NlA Println &Photo Watt ACbe! NIA .10 Y„v Tre.l Dluat Actual NIA Tel hang Dhecl I AMual NIA Tatar Direct E.pe.eea $ SU Y 3TAWS c LBbnOH a 692 PWO $ 96a Direct Coats Is Tolll 5 4,001 Return to Aaenda Report Project PL10s-BoiNr System RebabilK m aM Sorobbem H 81 Demolblon WORK PACKAGE 3480-COMMISSIONING SERVICES TASK SA-FINAL OMAP INVOICE DETAIL H0 _ P.Ew Is wn ZOa E 188.p Prollft Is mm ='- E flB56 P E $ BOB = E 1 St290 Sr $ al.w ccri7 E stS.32 Dmq� i E298 :'. OreRer i E8.2E = S 382a8 ArBrin i EE.EO Teo s s E s _ r-- s s $ � s s s s s ' s s s s s Taal MaMoert9uNwaE labor Car I MIX 1$ 4.M.14 OVFAKEADAT% WEE% $ 3,974 PROFITAT% ta.W% $ mm TOTAL LIBOR COST s 9.1mum pRECTEJmE STHISPEWOD 016mIMasOBs DYtl ApW WA pftmP OYaa AWaI WA Tmrel DiaC AroBI WA T FMerl Atlul N/A TaY OYECt s SAIMARy TASK ST TIS labor�OH S 89w POM1 E e38 Direq Cab E Tafelj E 9,3a =d P2-1 W-Balky System Rehabilkalim and Scmbbem H i I DemolRion WORK PACKAGE 35W-CLOSE-OUT TASK 6.1-FINAL INSPECTION INVOICEDETAIL � T PMI $ 99.1E Fi PM MW s ESAS No E S uae Sr 7 SIM -s W.Es ": -,AM1OIn S E5.W —STOO s s s TaW MnhOun9aNallaS Lebo COW O.W OVERHEAD AT% W.S S PROFITAT% lo, % S TOTAL LABOR COST 5 - DIRECT EXPENSES THIS PE V OIfiWINeIVOiMr O'vetl AchW WA ftroy EPhgo Dial AqW WA Tm Wxl ADN WA T Oireol ArbW WA TOW Dbec i SWMARYTASKSTATUS Iabare011 S _- - PmN i OSeMCoeb s Total i Return to Mende Report Project P2-106-Boller System RMabilitation and Scrubbers H&I Demolition WORK PACKAGE 35N-CLOSE-OUT TASK 6.2- RECORD DRAWINGS INVOICE DETAIL PdnEwi W. 9 pra Mar i BB.62 $ 358aS PM Ew i am s 1 90 Sr 0 61.30 s f $ 52.06 i 11a21 OrsRer i 36.25 i ]8 Adrfn s 35.00 - -- S TBD s s TBD s — ', s Y TED f s s , s s s s s s s s z s s Tad WnhauaAyln6erW labor CateI 1M.00 f "WWI OVERHEADAT% W.56% f aes1.M PRROFlTAT% 1000% $ 1,226.66 TOTAL LABOR COST s 114=17 pRECT EXVEN3Ef TI tl s VERIOD ONNMefVOar Dien Atlul WA Pnntm&Pn,*o I Died AdWif WA Trutt DYert Acnal WA Tewphoo, Brat AcOY WA Tad 011eel f 100A0 UYYARTTAS AT Iaba+011 z 1 TS] Pn#e i 1218 11YeGCaeb s tap Tad f I'd Proleo P2-106-Sollx System abilfatlon and Swebbem H i I Demolition WORK PACKAGE 3550-CLOSE-OUT TASK 6.3-FINAL PROCESS CONTROL STRATEGIES,EID INVOICE DETAIL LASCR m THIS PERT PM Ew i 99.73 S _ Frei my i 89.82 i 959T8 i 48.w f Me.92 SrEW S 81.33 S SZW s Dwbr s 88.25 i AtlMn s W'W s Teo i t TBD i s MD i S i i 3 s s i S s i S s i i - row wnnomvsamanae Leborcaer ziAB s tt28.30 OVERHFADAT% W.55% i 1,021.88 M,DRTAT% 10.00% i 21ais TOTAL LABOR COST 8 ;36ATf DIRE T EX EN Ctice/MeIIIDoo Dl M"W '- Tra t 6 P5Mo Direct AtlW TMW Dveb Atluel WA T DiedI AtlW I WA pwl Tool Dilvcl MN S ~ A N 3 2,150 Pmfi s 215 Direct Coati Tabsa i 2, Return to Mende Report Project P2-106-Boiler Salem RehabilSadon and Scrubber N 61 Demolrtlon WORK PACKAGE MO-CLOSE-OUT TASK BA-LESSONS LEARNED INVOICE OETAIL LABOR COSTS THIS PERIOD _ EE11 BUROENED TE"'- NOLRS _ Pm EII r EH W.73 __ a PM My S 09.B2 S 359.20 PM FM E 66.06 _ E 192,23 SrE r IF 81.W •-: - 5 panilrerICAD E IMM - $ P fer a 3025 -zr -- a aemin a 3S.W -. a Tao a - _. _ _. a MD s __ $ MD a - a -- a -_-_ a a a E E E a a TOW WNweraAluEnaa Labs Combs f SS1S1 EMe PV T A % lo(MWSM a O95.39 PRORTAT% 10.00% i 10 99 TOTAL LABOR COST E 15a,1 .99 DIRECT EXPENSES THIS PERIOD r^-OU ORMAeYJtltlr1 Direct AWeI -WA 8 PI1rdO Direct ANaJ WA Tnnal OYM AceWI WA T Dta'X AC6WI WA TaY OIIaR a 81.00 labpaOH i 1.051 a 105 fmb 84 TObI a 1, WORK PACKAGE 3550-CLOSE-OUT TASK 6.5-PROJECT MANAGEMENT INVOICE DETAIL LABOR COSTS TMISPERKM) PM MIX ma s no .0 A® dam,: . --- $ --- S -_-_-_ 3 -� V� 0WA > ,;": Return b Aaenda Report Orange County Sanitation District Project P2-106 - Boiler System Rehabilitation and.Scrubbers H & I Demolition Subconsultants PHASE 1 -3 4 5 6 Total Cost Subconsultents KMA Consulting(Mechanical Engineer) $ 5,000 $L000 $ 6,000 ®HK Engineers(Mechanical/Air Quality Engineer) $ 5,000 $ 5,000 Engineering Partners, Inc. (Electrical Engineer) $ 12,000 $1,000 $3,000 $ 16,000 S $ $ s s P2-106 PCSA ATTACHMENT "K" HOURLY RATE SCHEDULE FOR MINOR SUBCONSULTANTS KM4 CONSULTING 1 OONSYLTINO M{C NANIOAL 6N CIN llXS 125 E.64v 5M1a1,Sti C Me®,01:62-Mb26 26 Eu: ma>ss2-nee gym,Mama nil RATE SCHEDULE FOR P2-106,ENGINEERING SERVICES DURING CONSTRUCTION JULY 29,2013 Principals $250.00 per hour Associates $ 175.00 per hour Engineers $150.00 per hour Designers $ 110.00 per hour DraftspersonfTechnical Typist $ 75.00 per hour RATE SCHEDULE P2-106 BOILER REHABILITATION PROJECT Mechanical Engineer $155/hr DHK ENGINEERS INC. 1851 Skyhill Place, Escondido, CA 92026 (760) 747-9553 Return to Agenda Report EPI (859)824-1761 TBE ONSULTINGEAG NEERT ,INC.CO.NSULTIA'G EACENEERS95651PAPLES STREET,SUITE IN SANUIECC, CA 92121 F.VV(858)81C-1168 FEE RATE SCHEDULE Rate Category Hourly Rate Principal $175 Project Manager $145 Staff Engineer $125 Designer $110 Drafting $ 80 Administrative $ 65 OPERATIONS COMMITTEE Meeting Dare TOBA.Of DIr. 10/02/13 10/23/13 AGENDA REPORT Item Number Item Nu bar 8 13 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Nick Kanetis, Director of Engineering CIP Project Manager: Hardat Khublall SUBJECT: BITTER POINT FORCE MAIN REHABILITATION, PROJECT NO. 5-58 GENERAL MANAGER'S RECOMMENDATION A. Approve a budget increase of $390,000 for the Bitter Point Force Main Rehabilitation, Project No. 5-58, for a total project budget of$46,219,000; and, B. Approve an increase in contingency of $89,445 (15%), for a total contingency of $149,075 (25%), to the Professional Consultant Services Agreement with Black & Veatch to provide construction support services for the Bitter Point Force Main Rehabilitation, Project No. 5-58, to support the Santa Ana River Levee and In- Plant Repairs, Phase 2. SUMMARY This is the second phase of a two-phased project to mitigate settlement along the Santa Ana River Levees at Plant No. 2 that resulted from the installation of a micro-tunneled casing as part of the original Bitter Point Force Main Rehabilitation, Project No. 5-58. These repairs are a follow up to the Phase 1 emergency repairs project completed in 2011. Responsibility for the costs associated with repairing the affected soils is under dispute with the Contractor, and the parties are currently litigating this issue. The Orange County Sanitation District (Sanitation District) will pursue cost recovery for all incurred costs. Black & Veatch is currently assisting the Sanitation District by providing construction support services which include construction monitoring, geotechnical inspection and testing, reviewing submittals, answering Contractors Requests for Information, reviewing design changes, preparing record drawings, and closeout of the project. The work schedule has changed as a result of additional unknown site conditions as well as an environmental delay due to nesting birds in the work area. This delay has resulted in the acceleration of the construction schedule, including working on weekends to meet deadlines to complete all Santa Ana River work by October 28, 2013, before the winter rains arrive. Page 1 of 3 An increase in contingency is needed to account for the additional level of effort required by the Consultant to support the extended construction schedule, and an additional value engineering analysis requested by the Sanitation District that resulted in a reduction to the construction contract value with the Contractor. Additional staff budget in the amount of $300,555 is also required for the Sanitation District to support the extended construction schedule and the overtime work needed to finish the levee work, as well as time needed to support the litigation and dispute resolution process. PRIOR COMMITTEE/BOARD ACTIONS January 2013 — Approved a budget increase of $95,000 for a total project budget of $44,385,000, approved a Professional Consultant Services Agreement with Black & Veatch to provide construction support services for an amount not to exceed $596,301, and approved a contingency of$59,603 (10%). ADDITIONAL INFORMATION The design and construction restoration work has been implemented in a phased approach. Phase 1 was completed in 2011 under emergency authorization with Phase 2 currently underway. The construction schedule for the Phase 2 Santa Ana River Levees has been hampered by changed site conditions that could not have been contemplated in the initial design: 1. The existing west levee of the Santa Ana River was covered in a layer of concrete below the existing river surface. The Contractor was required to break and remove this concrete layer prior to performing contract work. This concrete was not shown, nor was known prior to the removal of the existing rock layer of the levee. This work was a delay to the critical path for the project. 2. A federally protected bird species was nesting along the river in the vicinity of the east Santa Ana River Levee work. No work is permitted within 500 feet of the nest and the work could not commence in this area for several months until the nest was vacated. This became a significant delay to the start of the work at the east levee. As a result of these delays, the levee work was extended by a month. Construction activities have been accelerated by working seven days a week in an extended daily schedule to meet a revised October 28f" deadline dictated by the US Army Corps of Engineers and the Orange County Flood Control District that have jurisdiction in the river. Additionally, the Sanitation District discovered an opportunity during construction to reduce restoration in non-critical areas within Plant No. 2 in order to reduce costs. The Sanitation District requested the Consultant to perform additional assessments of the proposed repairs in these areas. While this did add to the cost of the Consultant agreement, this resulted in a contract savings of nearly $300,000. Page 2 of 3 CEQA The Final Environmental Impact Report (EIR) for the Replacement of Newport Trunk Sewer and Force Mains, Project No. 5-58, was certified by the Sanitation District's Board of Directors on April 27, 2005. The Notice of Determination was filed with the State Clearinghouse on April 28, 2005. Addendum No. 1 to the Newport Sewer and Force Mains EIR, for the implementation of the Emergency Repairs to the Santa Ana River Levees, is retained in the Sanitation District's official files for internal reference. The Phase 2 restoration of the Santa Ana Levees required preparation of a California Environmental Quality Act (CEQA) document to implement the work. The restoration measures, however, do not result in any new or substantially more severe significant impacts that were not previously considered or addressed in the 2005 EIR or in Amendment No. 1. Therefore, an Initial Study/Mitigated Negative Declaration document was prepared in accordance with the conditions described in Public Resources Code Section 21166 or CEQA Guideline Section 15162 requiring preparation of a subsequent EIR or negative declaration. The Initial Study/Mitigated Negative Declaration was certified by the Sanitation District's Board of Directors on December 21, 2011. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted and the budget is insufficient for recommended action (FY2013-14 Update, Page A-7). Date of Approval Contract Amount Continaencv 01/23/13 $596,301 $59,630(10%) 10/23/13 $89.445(15% $149,075(25%) HK:dm:gc Page 3 of 3 ITEM NO. 14 MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, October 9, 2013, at 5:30 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was held on October 9, 2013, at 5:30 p.m., in the Sanitation District's Administration Building. Following the Pledge of Allegiance, a quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Brad Reese, Chair Jim Herberg, General Manager David Benavides Bob Ghirelli, Assistant General Manager Steven Choi Lorenzo Tyner, Director of Finance Tyler Diep & Administrative Services Jim Ferryman Jeff Reed, Director of Human Resources Peter Kim Nick Arhontes, Dir. Of Facilities Support Prakash Narain Services Janet Nguyen Ed Torres, Director of Operations & Joe Shaw Maintenance Teresa Smith Nick Kanetis, Director of Engineering Troy Edgar, Board Chair Kelly Lore, Administrative Assistant John Anderson, Board Vice Chair Rich Castillon, IT Systems & Operations Manager COMMITTEE MEMBERS ABSENT: Marc Dubois Contract& Purchasing Manager John Withers, Vice-Chair Cindi Ambrose, Contracts Supervisor Jennifer Cabral Norbert Gaia Al Garcia OTHERS PRESENT: Brad Hogin, General Counsel PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Reese did not give a report. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Lorenzo Tyner briefly updated the Committee on the Bond refunding which was completed last week. General Manager Jim Herberg reported that an item will be brought to the Steering Committee in the future regarding the backlog of repairs that are needed to OCSD Administrative facilities. CONSENT: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the September 11, 2013 Administration Committee Meeting. NON-CONSENT: 2. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: Approve the purchasing ordinance, Ordinance No. OCSD-XX entitled "Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects" for first reading at the October 2013 Board meeting. Lorenzo Tyner, Director of Finance & Administrative Services provided a short presentation to the Committee regarding the background of the current Purchasing Authority and the changes that are to be incorporated into the proposed Ordinance. 3. MOVED, SECONDED, AND DULY CARRIED: A. Waive the one year prohibition in OCSD Personnel Policy 1.4 for James D. Ruth regarding retaining former employees as independent contractors or consultants; and B. Authorize the Board Chair to execute a Consulting Services Agreement with James D. Ruth effective October 1, 2013 for an extension of services relative to labor negotiations at an hourly rate of $200 per hour for a total not to exceed amount of$48,000. Directors Diep, Kim & Narain opposed. Director of Human Resources Jeff Reed, made a brief presentation on the status of Labor Negotiations, and the necessity of the proposed extended service contract. He then responded to questions from the Committee regarding alternative options. The Committee members expressed their support or concerns. 10/09/13 Administration Committee Minutes Page 2 of 3 INFORMATION ONLY: 4. Information Technology Three-Year Strategic Plan FY 2013-2014. Jim Herberg, presented the "Award of Excellence for Information Technology Practices", received from Municipal Information Systems Association of California (MISAC) and awarded to Orange County Sanitation District. He thanked Rich Castillon, IT Systems and Operations Manager for his efforts. Rich Castillon presented the Information Technology Three-Year Strategic Plan and responded to questions from the Committee regarding; the risk of the OCSD system, Homeland Security issues, staff skill levels and Business Continuity. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Committee Chair Reese declared the meeting adjourned at 6:50 p.m. Submitted by: Kelly A. Lore Administrative Assistant 10/09/13 Administration Committee Minutes Page 3 of 3 BOARD OF DIRECTORS Meeting Date I To Bd.of Dir. 1O/23/13 AGENDA REPORT ItemNumber Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance &Administrative Services SUBJECT: PURCHASING ORDINANCE GENERAL MANAGER'S RECOMMENDATION A. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said entire Ordinance on October 23, 2013; and B. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects'; and C. Set November 20, 2013, as the date of the second reading and proposed adoption of Ordinance No. OCSD-XX. D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. SUMMARY The proposed Purchasing Ordinance sets forth the requirements that apply to the District's purchase of goods and services. These requirements are currently set forth in Resolution No. OCSD 07-04, and subsequent amending Resolution No. OCSD 07-13 and Resolution No. OCSD 12-17. The proposed Ordinance updates and reorganizes the requirements set forth in all three resolutions, clarifies a number of individual requirements, and makes some substantive changes. The Ordinance, for example, adds new procedures whereby an aggrieved bidder or proposer may protest the solicitation process and/or the award of a contract. Purpose. The Ordinance is designed to ensure that (1) the District complies with state law requirements governing procurement; (2) the District obtains quality goods and services at the lowest price and/or the best overall value; (3) purchasing decisions are transparent for the public; and (4) the procurement process is fair to prospective contractors while serving the interests of the District's ratepayers. The Ordinance also delegates spending authority to the Standing Committees and the General Manager within specified limits. Competitive Selection in General. Depending on the nature of the procurement, the Ordinance generally requires the District to select contractors based on either Page 1 of 3 competitive bids or competitive proposals. Under a competitive bid process, the District issues a notice inviting bids. Prospective contractors then submit sealed bids, and the District awards the contract to the lowest responsive, responsible bidder. Under a competitive proposal process, the District issues a request for proposals. Prospective contractors then submit sealed proposals, and the District awards the contract to the proposal that best meets the criteria specified in the request for proposals. The winning proposal may or may not be the proposal that offered the lowest price. Exceptions to Competitive Selection. In exceptional circumstances, the Ordinance allows the District to select contractors without any competitive process. The Ordinance allows the District, for example, to award a contract on a "sole source" basis when the goods or services in question are unique or only available from one source. The Ordinance also allows the District to award contracts without any competitive process as may be necessary to respond to an emergency. Types of Procurements. The Ordinance sets forth different requirements for four types of procurements: (1) goods and services (other than professional services); (2) professional services (other than professional design services); (3) professional design services; and (4) public works construction. The Ordinance generally requires the District to purchase goods and services, other than professional services, based on the lowest price. In contrast, however, the Ordinance generally requires the District to award professional service contracts to the most qualified firm, as long as the proposed price is fair and reasonable. Finally, pursuant to State law, the Ordinance generally requires the District to award contracts for public works construction to the lowest responsive, responsible bidder. Bid Protests. For the first time, the Ordinance requires procedures whereby a bidder or proposer may challenge the District's solicitation process and/or the proposed award of a contract. A bidder or proposer may challenge the solicitation process on the ground that a free and open competition has not taken place, or cannot take place, and/or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous. A bidder or proposer may also challenge the proposed award of a contract on the grounds that a free and open competition has not taken place. Delegation of Spending Authority. In the interest of efficiency, the Ordinance delegates specified spending authority to the Standing Committees and the General Manager. Standing Committees may approve purchases over $100,000 up to $200,000, plus a contingency of up to 50%, for a total spending authority of up to $300,000. The General Manager may approve purchases up to $100,000, and approve amendments and change orders within established contingencies. These are the same limits set forth in the current Resolution No. OCSD 07-04. General Manager Policies and Procedures. Under the proposed Ordinance, the General Manager will adopt detailed policies and procedures governing procurement in order to implement the requirements of the Ordinance. Page 2 of 3 PRIOR COMMITTEE/BOARD ACTIONS October 2013 — Operations Committee and Administration Committee both approved the purchasing ordinance, Ordinance No. OCSD-XX entitled "Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects'for first reading at the October 2013 Board meeting. December 2012 - Board of Directors adopted Resolution No. OCSD 12-17, 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. June 2007 — Board of Directors adopted Resolution No. OCSD 07-13, A Resolution of the Board of Directors of the Orange County Sanitation District Establishing Policy for the Payment of Mandatory and Statutory Fees Greater than the Limits Established in Resolution No. OCSD 07-04 and Future Updates to the Delegation of Authority. February 2007 — Board of Directors adopted Resolution No. OCSD 07-04 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. ADDITIONAL INFORMATION Under Government Code Section 54202, the District must adopt policies and procedures governing the purchase of supplies and equipment. Government Code Section 4526 applies to the purchase of professional services from private architects, landscape architects, engineers, environmental professionals, land surveyors, and construction managers. Under Section 4526, the District must select the specified professionals based on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. Section 4526 allows the District to adopt by ordinance procedures ensuring that the specified services are engaged on the basis of demonstrated competence and professional qualifications at fair and reasonable prices. Under Public Contract Code Section 20783, the District must award contracts for public works construction worth more than $35,000 to the lowest responsive, responsible bidder. The Public Contract Code otherwise imposes a variety of requirements on the award of public works construction contracts. CEQA Adoption of the Ordinance is not a "project' subject to CEQA because it constitutes general policy and procedure making that will not result in any physical impact on the environment. Public Resources Code Section 15378. Page 3 of 3 BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENT The following attachment(s)are provided in hard copy and maybe viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package: DRAFT Ordinance No. OCSD-XX Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects. Page 4 of 3 Return to Aaenda Report ORDINANCE NO. OCSD-XX AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING REQUIREMENTS AND PROCEDURES FOR THE PURCHASE OF GOODS, SERVICES, AND PUBLIC WORKS PROJECTS OCSD-XX-1 Contents Article 1. General Provisions .......................................................................................4 Section 1.01. Purpose and Scope. ...................................................................... 4 Section1.02. Title................................................................................................4 Section 1.03. Definitions......................................................................................4 Section 1.04. Rules and Guidelines.....................................................................4 Section 1.05. Budgeted Funds ............................................................................5 Section 1.06. The Purchasing Manager ..............................................................5 Section 1.07. Exceptions to Competitive Selection..............................................5 Section 1.08. Evaluation Committees.................................................................. 6 Section 1.09. Severability.................................................................................... 6 Article 2. Goods and Services ..................................................................................... 6 Section 2.01. Purpose and Scope ....................................................................... 6 Section 2.02. Selection Process.......................................................................... 7 Section2.03. Exceptions..................................................................................... 7 Article 3. Professional Services...................................................................................9 Section 3.01. Purpose and Scope .......................................................................9 Section 3.02. Selection Process........................................................................ 10 Section 3.03. Exceptions................................................................................. 111 Article 4. Professional Design Services................................................................... 111 Section 4.01. Purpose and Scope ................................................................... 111 Section 4.02. Selection Process...................................................................... 111 Section4.03. Exceptions................................................................................. 155 Article 5. Public Works Projects.............................................................................. 155 Section 5.01. Purpose and Scope................................................................... 155 Section 5.02. Selection Process...................................................................... 166 Section 5.03. Exceptions................................................................................. 199 OCSD-XX-2 Return to Mende Report Article6. Protests ......................................................................................................20 Section 6.01. Solicitation Protests .....................................................................20 Section 6.02. Award Protests ..........................................................................211 Section 6.03. Delay in Award...........................................................................211 Section 6.04. Remedies...................................................................................222 Section 6.05. Public Documents......................................................................222 Article 7. Delegation of Authority to Award Contracts..............................................233 Section 7.01. Award Authorization...................................................................233 Section 7.02. Task Orders...............................................................................244 Section 7.03. Time Extensions to Public Works Projects. ...............................244 Article8. Ethics........................................................................................................244 Section 8.01. Unlawful Consideration Prohibited.............................................244 Section 8.02. Conflicts of Interest. ...................................................................254 Article 9. Miscellaneous...........................................................................................255 Section 9.01. Noncompliance..........................................................................255 Section 9.02. Effective Date. ...........................................................................255 Section 9.03. Repeal of Resolutios No. OCSD 07-04......................................255 Section 10.01. Certification and Publication.............................................. 26 Appendix A Definitions................................................................................................ 337 OCSD-XX-3 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Article 1. General Provisions Section 1.01. Purpose and Scope A. Purpose. This Ordinance is intended to: (1) Comply with certain provisions of state law requiring the District to adopt written purchasing procedures; (2) Ensure that the District complies with state law governing the award of Contracts for Goods, Services, and Public Works Projects; (3) Establish procedures to ensure that the District obtains quality goods and competent services at the best price and/or the best value; (4) Delegate certain spending authority to District employees in the interest of efficient administration; (5) Ensure that purchasing decisions are transparent for the public; and (6) Ensure that Contracts are awarded through a process that is fair to prospective Contractors and in the best interests of the District. B. Scope. This Ordinance governs the purchase of Goods, Services and the award of Contracts for Public Works Projects. Section 1.02. Title This Ordinance may be referred to as the DistricPs "Purchasing Ordinance." Section 1.03. Definitions As used throughout this Ordinance, the terms set forth in Appendix A shall have the meanings as defined therein, unless the context in which they are used clearly requires a different meaning, or a different definition is prescribed for a particular Article or provision. Section 1.04. Rules and Guidelines The General Manager shall implement the requirements of this Ordinance through policies, rules, and guidelines governing the purchase of Goods and Services, and the award of Contracts for Public Works Projects. OCSD-XX-4 Return to Mende Report Section 1.05. Budgeted Funds No Contract for the purchase of Goods, Services, or Public Works Projects shall be awarded unless and until the General Manager identifies funds in the current budget that are allocated to the purchase. Section 1.06. The Purchasing Manager A. Duties. Consistent with the provisions of this Ordinance, the Purchasing Manager shall: (1) Procure, or supervise the procurement of, all Goods, Services, and Public Works Projects purchased by the District; and (2) Supervise and control inventories of supplies and materials. B. Requests for Procurement. When a Department desires to procure Goods and/or Services, the Department Director shall file a written Requisition, in advance, with the Purchasing Manager. The Requisition shall describe the Goods and/or Services to be acquired. Section 1.07. Exceptions to Competitive Selection Depending on the nature of the Contract and/or the circumstances, certain provisions of this Ordinance require that Contracts for Goods and/or Services be awarded based on Competitive Sealed Bids or Competitive Sealed Proposals. This Section 1.07 establishes certain general exceptions to competitive selection requirements for the procurement of Goods and Services. The exceptions set forth in this Section 1.07 do not apply to the award of Contracts for the construction of Public Works Projects. A. Sole Source Procurement. Notwithstanding any other provision of this Ordinance, a Contract for Goods and/or Services may be awarded based on Sole Source Procurement, without soliciting bids or proposals as might otherwise be required, if the General Manager or his designee determines in writing that it is in the best interest of the District to award the Contract because the Goods and/or Services are (i) of a unique nature based on their quality, durability, availability, fitness or qualifications for a particular use; or (ii) only available from one source. B. Emergency Procurement. Notwithstanding any other provision of this Ordinance, a Contract for Goods and/or Services may be awarded through Negotiated Procurement, without soliciting bids or proposals as might otherwise be required, if the General Manager or his designee determines in writing that OCSD-XX-5 the District urgently needs the Goods and/or Services in order to respond effectively to an emergency. For purposes of this Section, emergency procurements are those purchases that are required to prevent immediate interruption or cessation of necessary services or to safeguard life, property, or the public health and welfare. In addition, emergency procurements as used in this Section also include critical time sensitive purchases where time is of the essence, and the District does not have sufficient time to solicit bids or proposals. For emergency procurements greater than $100,000, the General Manager shall obtain the concurrence of the Chair of the District's Board of Directors or, if the Chair is unavailable, the Vice Chair, and such action shall be ratified by the Board of Directors at its next regular meeting. Section 1.08. Evaluation Committees Evaluation committees convened in connection with procurements under this Ordinance shall generally be composed of District employees. In exceptional circumstances, however, the General Manager may appoint one or more persons not employed by the District to an evaluation committee if the General Manager determines that (1) evaluating proposals in connection with a particular procurement requires specialized expertise not available among District employees; (2) the procurement will impact another agency, and that agency desires to place a representative on the evaluation committee; or (3) it is otherwise in the District's interest to do so. Section 1.09. Severability If any provision of this Ordinance, or any application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision of this Ordinance or application to any person or circumstance which can be given effect without the invalid provision or application. The provisions of this Ordinance are declared to be severable. Article 2. Goods and Services Section 2.01. Purpose and Scope A. Purpose. California Government Code Sections 54202 et seq. requires the District to adopt written policies and procedures, including bidding requirements, governing the purchase of Goods and Services. This Article is intended to comply with Section 54202. OCSD-XX-6 Return to Mende Report B. Scope. The provisions of this Article 2 apply to Contracts for the purchase of Goods and Services other than Contracts for Professional Services (governed by Article 3), Professional Design Services (governed by Article 4), and Contracts for Public Works Projects (governed by Article 5). Section 2.02. Selection Process A. Subject to the exceptions set forth in Section 2.03, the award of Contracts for the purchase of Goods and Services shall be shall be based on Competitive Sealed Bids. For each procurement, the Purchasing Manager shall: (1) Publish a Notice Inviting Bids that contains (a) a description of the Goods and/or Services required, (b) a description of the selection process, (c) bidder's security requirement, if applicable, (d) performance bond requirements, if applicable, and (a) such provisions, terms, and conditions, consistent with this Ordinance, that the Purchasing Manager determines are necessary, desirable, and/or advantageous to the District; (2) Open the bids publicly at the time and place designated in the Notice Inviting Bids, and record the amount of each bid; and (3) Determine whether the bids are responsive to the Notice Inviting Bids. B. After the bids are opened, one of the following actions may be taken: (1)Award the Contract to the lowest Responsive and Responsible Bidder; (2) Reject any and all bids presented and/or re-advertise the bid; or (3) Declare that the Goods and/or Services may be acquired at a lower cost by negotiation in the open market and authorize the procurement in that manner. C. If two or more Responsible Bidders submit the same lowest bid, the District may, in its discretion, accept either bid or a lower bid, if any, as may be obtained from one of the bidders through negotiation. Section 2.03. Exceptions A. Small Procurements. (1) Procurements of $5,000 or Less. Contracts subject to this Article 2 with an estimated value of $5,000 or less may be awarded without Competitive Sealed Bids if the Purchasing Manager determines that a OCSD-XX-7 Competitive Sealed Bids process would not result in a lower overall cost to the District. (2) Procurements of$50,000 or Less. Contracts subject to this Article 2 with an estimated value of $50,000 or less may be awarded by (a) soliciting at least three bids from identified vendors, and (b) awarding the Contract to the lowest Responsive and Responsible Bidder. If the Purchasing Manager cannot obtain at least three bids, the Contract may be awarded to the lowest Responsive and Responsible Bidder as long as the Purchasing Manager determines that the bid amount is fair and reasonable. (3) Piecemealing Prohibited. Procurements shall not be artificially divided into different individual Contracts so as to keep each Contract amount below one of the monetary thresholds set forth in this Part A. B. Cooperative Purchases. When another public agency or government purchasing cooperative organization has awarded a Contract for Goods and/or Services based on Competitive Sealed Bids or Competitive Sealed Proposals, and the agency or organization followed a process substantially similar to the process described in Section 2.02, the District may acquire Goods and/or Services under that Contract without obtaining Competitive Sealed Bids or Competitive Sealed Proposals. The District may enter into Contracts with other public agencies, government purchasing cooperative organizations within the United States, and/or Contractors for this purpose. C. Multi-Step Sealed Bidding. If the Purchasing Manager determines that it is impractical to initially prepare a description to support an award based on price, a process involving multi-step sealed bids may be utilized. The multi-step sealed bidding process involves (i) issuing an Invitation for Bids requesting the submission of un-priced offers; and (ii) issuing a subsequent Invitation for Bids for priced offers from those vendors whose initial un-priced offers were deemed qualified under the criteria set forth in the initial Invitation for Bids. Award under this process shall be based on the lowest Responsive and Responsible Bidder. D. Competitive Sealed Proposals. If the Purchasing Manager determines in writing that the Competitive Sealed Bids procedure is not practical and/or not advantageous for the District in a particular case, one or more Contracts subject to this Article may be awarded based on Competitive Sealed Proposals. The Competitive Sealed Proposals process may be used (i) for Goods and/or Services that prove difficult to quantify or describe, where proposers are provided the opportunity to offer different approaches or solutions; and/or (ii)for critical, routine or recurring goods or services that require consideration of the OCSD-XX-S Return to Mende Report 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 under this process shall be based upon criteria that provide the best value for the District, wherein best value is not solely determined by price. E. Critical Time-Sensitive Procurements. The Purchasing Manager may purchase Goods and/or Services through Negotiated Procurement if the Purchasing Manager determines in writing that time is of the essence in the purchase of the Goods and/or Services. For critical time-sensitive procurements valued at more than $100,000, the General Manager shall obtain the concurrence of the Chair of the District's Board of Directors or, if the Chair is unavailable, the Vice Chair. F. Renewals. The Purchasing Manager may exercise any options to renew as may be included in existing Contracts without observing the bidding procedures prescribed in Section 2.02. G. Sole Source and Emergency Procurements. A Contract for the purchase of Goods and/or Services may be awarded without soliciting competitive bids if any of the exceptions set forth in Section 1.07 apply. Article 3. Professional Services Section 3.01. Purpose and Scope A. Purpose. This Article 3 is intended to ensure that the District retains Professional Services at fair and reasonable prices based on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. B. Scope. The provisions of this Article 3 apply to the award of Contracts for Professional Services and incidental services that members of a Professional Service firm, and those in their employ, may logically perform. The provisions of this Article 3 do not apply to the award of Contracts for Professional Design Services (governed by Article 4). OCSD-XX-9 Section 3.02. Selection Process Contracts for Professional Services shall be awarded pursuant to the following procedures: A. Reauest for Proposals. The Purchasing Manager shall prepare a Request for Proposals in consultation with the Director of the Department requesting the Procurement. The Purchasing Manager, with the concurrence of the Director of the Department requesting the Procurement, may select a limited number of Professional Service firms to receive the Request for Proposals. The Purchasing Manager may issue a Request for Qualifications to prospective Contractors as a means of identifying prospective recipients. The Purchasing Manager may publish notice of the Request for Proposals or Request for Qualifications. B. Evaluation and Ranking of Proposals. All responsive proposals shall be evaluated and ranked, from most qualified to least qualified, based on each firm's demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. The Purchasing Manager may establish a committee to conduct the evaluation. The Purchasing Manager or evaluation committee, if any, may discuss each proposal with its author to seek clarification or otherwise obtain relevant information. C. Negotiation of Contract. The Purchasing Manager shall negotiate a Contract with the firm deemed to be most qualified at a price that the Purchasing Manager, with the concurrence of the Director of the Department requesting the Procurement, deems to be fair and reasonable. If the Purchasing Manager is unable to negotiate a satisfactory Contract with the firm deemed to be most qualified, the Purchasing Manager shall terminate negotiations with that firm and negotiate with the firm deemed to be second most qualified. If those negotiations fail, the Purchasing Manager shall negotiate with the third most qualified firm, and so on, until an agreement is reached. If the Purchasing Manager determines that it is in the best interest of the District to enter into Contracts with two or more firms, the Purchasing Manager shall negotiate with the desired number of firms starting with the most qualified. The Purchasing Manager shall proceed down the list from most to least qualified until he or she has concluded negotiations with the desired number of firms at fair and reasonable prices. D. The District may, in its sole discretion, reject all proposals. OCSD-XX-10 Return to Mende Report Section 3.03. Exceptions A. Sole Source and Emergency Procurements. A Contract for Professional Services may be awarded without soliciting Competitive Sealed Proposals if the Purchasing Manager makes one of the determinations set forth in Section 1.07. B. Contractors Reporting to the Board. The provisions of this Article 3 shall not apply to the retention of Professional Service firms or individuals that are selected by the Board and report directly to the Board. For such Contracts, the Board shall determine the method of selection, consistent with the requirements of applicable law. Article 4. Professional Design Services Section 4.01. Purpose and Scope A. Purpose. This Article 4 is intended to ensure that the District retains Professional Design Services at fair and reasonable prices based on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. B. Scope. This Article 4 applies to the selection of Contractors for Professional Design Services. Section 4.02. Selection Process A. Competitive Selection. All Contracts estimated to be greater than $100,000 shall be awarded based on Competitive Sealed Proposals. All Professional Design Services with an estimated value of $100,000 or less shall have a separate selection process based upon a master contract procedure whereby the District shall solicit Competitive Sealed Proposals and award one or more master contracts not to exceed $250,000 per year. B. Contracts Greater Than $100,000 The requirements set forth in this Section 4.02, subsection B, shall apply to the purchase of Professional Design Services estimated to cost more than $100,000. (1) Each Director of a Department that utilizes Professional Design Services shall file annually with the Purchasing Manager a list of specific OCSD-XX-11 disciplines for which Professional Design Service may be required. The Purchasing Manager may from time to time prepare and distribute a Request for Qualifications for each professional discipline or project design service required by the District subject to this Part B. For each Request for Qualifications issued, the Purchasing Manager shall evaluate the responses, identify qualified firms, and maintain the responses of the qualified firms on file to be used in the Request for Proposals process described below. (2) Reguest for Proposals. The Purchasing Manager, in consultation with the Director of Engineering, shall issue a Request for Proposals for each Professional Design Service requested. (3) Content of Request for Proposals. Each Request for Proposals shall describe the Professional Design Services required and the selection process. Each Request for Proposals shall also set forth such provisions, terms, and conditions, consistent with this Ordinance, that the Purchasing Manager, in consultation with the Director of Engineering, determines are necessary, desirable, and/or advantageous to the District. Each Request for Proposals shall require that proposals contain, at a minimum, the following information: (a)The firm's qualifications for performing the proposed work. (b)The firm's relevant experience and performance on similar projects. (c) A fee proposal, based on the method of compensation specified in the Request for Proposal, and an estimate of total fees. Commonly used methods of compensation for Professional Design Service Contracts include (i) cost plus fixed fee with a maximum amount; (ii) per diem rate(s) with a maximum amount; (iii) a lump sum (fixed) fee; and (iv) cost of time and materials. (d)The firm's ability to complete the work within the time allotted. (a)The personnel that will be assigned to the project. (f) The estimated number of hours that each member of the team will spend on the project. (g) A statement that the firm's engagement for the project would not create a conflict of interest. (h)Any other information required to properly evaluate the firm's qualifications and experience with similar projects. OCSD-XX-12 Return to Mende Report (i) Proposals for construction management services shall demonstrate that the designated personnel have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost- benefit analysis, claims review and negotiation, and general management and administration of a construction project. (4) Publication of Request for Proposals. The District shall publicize each Request for Proposals by two or more of the following methods: (a)Advertising in print or electronic media; and/or (b) Mailing the Request for Proposals to each Contractor who has submitted a Statement of Qualifications; and/or (c) Mailing the Request for Proposals to each vendor registered in the applicable category, based on the services identified in the Request for Proposals, in the District's on-line vendor database; and/or Multiple projects may be bundled into one Request for Proposals such that multiple Contract awards may result from one Request for Proposals and selection may be based upon specialized services. (5) Staff Evaluation Committee. The Purchasing Manager shall convene an evaluation committee to evaluate the proposals. (a) Management and Composition. The Purchasing Manager shall serve as chair of the evaluation committee. The Director of Engineering shall appoint the other members of the committee. (b) Ranking of Firms. All proposals shall be evaluated and ranked, from most qualified to least qualified, based on each firm's demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. (c) Interviews. At its discretion, the evaluation committee may interview one or more of the firms that have submitted proposals. (d) Report. The evaluation committee shall prepare a written report for the Purchasing Manager and the Director of Engineering setting forth, at a minimum, the ranking of firms from most qualified to least qualified. (6) Negotiations. The Purchasing Manager and the Director of Engineering shall negotiate a Contract with the firm that the evaluation committee deems to be most qualified, and otherwise follow the process set forth in Section 3.02.C. The Director of Engineering shall make a written determination that the negotiated fee is fair and reasonable. OCSD-XX-13 C. Contracts Less Than or Equal to $100,000. The requirements set forth in this Section 4.02, subsection C, shall apply to the purchase of Professional Design Services estimated to cost less than or equal to $100,000 for each individual project. (1) Reguest for Qualifications. At least once every three years, the Purchasing Manager shall prepare and distribute a Request for Qualifications for each professional discipline or project design service required by the District subject to this Part C. Each Request for Qualifications shall describe the selection criteria that will be used to determine whether firms are eligible for the prequalified list. The Request for Qualifications shall require the following information, at a minimum, from proposers: (a)The firm's demonstrated competence and specialized expertise necessary to perform the type of services needed; (b)The education, experience, training, and skills of the key personnel that will perform and manage the work for the District; (c) The firm's capacity and resources to deliver the services required within the specified period of time, including but not limited to a sufficient number of qualified staff, computer hardware, computer software, special equipment and facilities as applicable; and (d)The proximity of the firm's office(s) to the District, the specific location of key personnel, and the firm's experience and familiarity with the operation of local government. (2) Evaluation Committee. The Purchasing Manager shall convene an evaluation committee to evaluate the responses to each Request for Qualifications. The Purchasing Manager shall chair the committee, and the Director of Engineering shall appoint the remaining members. Each evaluation committee shall determine whether each firm has the demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. (3) Lists. Based on the recommendations of the evaluation committee, with the concurrence of the Director of Engineering, the Purchasing Manager shall establish a list of at least five prequalified Contractors within each discipline. Each list shall be used for a maximum of three years. No later than three years after establishing a prequalified list for each discipline, the Purchasing Manager shall issue a new Request for Qualifications and establish a new list. OCSD-XX-14 Return to Mende Report (4) Master Contract. Master Contracts with firms on the prequalified list shall be awarded by the Board of Directors in an amount not to exceed $250,000 per year. The original term of such Contracts shall be for one (1) year, with an option to extend each Contract for up to two (2) additional one (1) year renewal periods. (5) Task Orders. The Director of Engineering shall notify the Purchasing Manager when Professional Design Services subject to this Part C are required for a project. Proposals shall be solicited from at least two firms on the prequalified list and one of the firms shall be selected pursuant to the process set forth in Section 3.02. In determining which firms will be invited to submit proposals, the Purchasing Manager shall follow the selection or rotation process, if any, set forth in the Request for Qualifications, subject to the best interests of the District in any particular case. Individual Task Orders in an amount not to exceed $100,000 will be awarded for each project. Section 4.03. Exceptions A. Sole Source and Emergency Procurements. Contracts for Professional Design Services may be awarded without soliciting Competitive Sealed Proposals if the Purchasing Manager makes one of the determinations set forth in Section 1.07. B. Continuation of Services. A new contract for additional services related to work already performed under an existing Contract for Professional Design Services may be awarded without observing the bidding procedures prescribed in Section 4.02.13 or Section 4.02.C, as applicable. In connection with any such new contract, the Director of Engineering shall determine in writing that (1) it is in the District's best interests to have the original firm perform additional, related services, and (2) the negotiated price is fair and reasonable. Article 5. Public Works Projects Section 5.01. Purpose and Scope A. Purpose. This Article 5 is intended to implement state statutes that govern the District's award of construction Contracts for Public Works Projects. B. Scope. This Article 5 applies to the District's award of Contracts for the construction of Public Works Projects exceeding thirty-five thousand dollars ($35,000) pursuant to Public Contract Code section 20783. OCSD-XX-15 Section 5.02. Selection Process A. Design-Bid-Build (1) Competitive Sealed Bids. For projects subject to Public Contracts Code section 20783, the District shall select firms for Public Works Projects pursuant to the process described in this Section 5.02A. (a) Notice Inviting Bids. For each prospective Contract, the Purchasing Manager shall publish a Notice Inviting Bids as required by Public Contract Code Section 20783. (i) Manner of Publication. Each Notice Inviting Bids shall be published in a newspaper of general circulation, on industry bulletin boards, and/or on the District's website at least ten (10) days before the date for the opening of bids consistent with the requirements set forth in Public Contracts Code section 20783. (ii) Contents. Each Notice Inviting Bids shall: 1. Establish a deadline for the receipt of bids that is at least ten (10) calendar days after the first publication of the Notice Inviting Bids; 2. Provide that the District, in its sole discretion, may reject any and all bids; 3. Set forth a procedure that shall be followed in the event of a tie between the lowest Responsive and Responsible bidders; 4. Require bidders to post a bidder's security; 5. State that if a Contract is awarded to the bidder, a payment bond is required pursuant to Civil Code section 9550; 6. Contain detailed plans and specifications for the project. Subject to the exceptions set forth in Section 5.03.6, the specifications shall not call for a designated material, product, thing, or service by specific brand or trade name unless the District complies with the requirements under California Public Contract Code section 3400 at seq.; and OCSD-XX-16 Return to Mende Report 7. Contain whatever provisions, consistent with this Ordinance, the Purchasing Manager determines are necessary, desirable, and/or advantageous to the District. (b) Bid Opening. The Purchasing Manager shall open the bids publicly in the presence of one or more witnesses at the time and place designated in the Notice Inviting Bids. The Purchasing Manager shall record the amount of each bid together with the name of each bidder. This record, and each bid, shall be considered public records and shall be available to the public at the point in time specified in the Notice Inviting Bids and consistent with the Public Records Act. (c) Refection of Bids. The District may reject all bids received for a particular project and: (1) Re-advertise for bids; or (ii) Authorize construction of the project through a Negotiated Procurement of day labor and/or materials or supplies, if the Board adopts a resolution by a four-fifths vote declaring that (i) the work can be performed more economically by day labor, and/or (ii) the materials or supplies can be obtained at a lower price in the open market. (d) No Bids. If the District does not receive any bids for a particular project, the District's Board of Directors may authorize the Purchasing Manager to conduct a Negotiated Procurement, and present his or her recommendation to the Board for approval. (a)Award to Lowest Responsive and Responsible Bidder. Unless the District rejects all bids, the Contract shall be awarded to the lowest Responsive and Responsible Bidder. If two or more Responsible Bidders submit the same lowest bid, the District may, in its discretion, accept either bid or a lower bid, if any, as may be obtained from one of the lowest bidders through negotiation. If the lowest Responsive and Responsible Bidder refuses to enter into a Contract, then the lowest Responsive and Responsible Bidder shall forfeit its bidder's security, and the Contract shall be awarded to the next lowest Responsive and Responsible Bidder. B. Design-Build. As may be authorized by the Public Contract Code or other statute, the District may utilize a design-build selection process for the award of Public Works Contracts. OCSD-XX-17 C. Pregualification. The Purchasing Manager may limit the field of prospective bidders for Public Works Contracts by prequalifying Contractors pursuant to California Public Contract Code Section 20101 and the requirements of this Subsection C. Prequalification shall only be required when the Purchasing Manager or the Director of Engineering determines that prequalification is necessary or desirable. The Purchasing Manager may (i) prequalify a list of Contractors for the right to bid on any specific Public Works Project, and/or (ii) prequalify lists of Contractors for the right to bid on unspecified projects of a certain type or size pursuant to Public Contracts Code Section 20101(c). If the Purchasing Manager elects to prequalify lists of Contractors for the right to bid on unspecified projects of a certain type or size, he or she shall conduct a prequalification process quarterly, and all qualifications shall be valid for one year. For each prequalified list of either type, the Purchasing Manager shall evaluate and prequalify Contractors pursuant to the following procedures: (1) Questionnaires and Rating Criteria. The Purchasing Manager shall develop a questionnaire and rating criteria for each prequalification. All criteria shall be relevant and objective. The Purchasing Manager may rely on the Department of Industrial Relations model guidelines, questionnaires, and forms, and/or establish additional or modified criteria. (2) Statements of Qualifications. The Purchasing Manager shall solicit Statements of Qualifications from prospective bidders. (3) Evaluation Committee. The Purchasing Manager shall convene an evaluation committee to evaluate each Statement of Qualifications. The Purchasing Manager shall chair the committee, and the Director of Engineering shall appoint the remaining committee members. The evaluation committee shall review each Statement of Qualifications, rate the Contractors according to their qualifications and objective criteria, and determine which Contractors are qualified and which Contractors are not qualified. (4) Notice of Determination. When the evaluation committee completes its review, the Purchasing Manager shall send each Contractor written notice of the committee's determinations regarding that Contractor. If the evaluation committee determines that a Contractor is not qualified, the written notice shall also set forth the basis for that determination and any relevant supporting evidence that the evaluation committee considered. OCSD-XX-18 Return to Mende Report (5)Appeal Process. (a) Notice of Appeal. Any Contractor may appeal to the General Manager any determination of the evaluation committee, including any rating assigned to the Contractor and any decision to disqualify the Contractor, by filing a written notice of appeal within seven (7) working days after the Purchasing Manager mails the notice described in Section 5.02, subsection C (4). (b) Hearing. Within five working days of the receipt of an appeal, the General Manager, or a designee of the General Manager who has not been involved in the evaluation of qualifications of Contractors for the project, shall conduct a hearing on the appeal. During the hearing, the affected Contractor or subcontractor shall have the opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the General Manager or the General Manager's designee as to why the prospective bidder should be found qualified. (c) Decision. Within five working days of the conclusion of the hearing, the General Manager or the General Manager's designee shall issue a written decision on the appeal. The decision of the General Manager or the General Manager's designee shall be final. Section 5.03. Exceptions A. Emergencies and Calamities. (1) The provisions of this Section A apply in the event of an emergency or calamity involving a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. In the event of such an emergency or calamity, the District may, through Negotiated Procurement, award Contracts to repair or replace facilities, take any directly related and immediate action required by the emergency or calamity, and procure the necessary equipment, services, and supplies for those purposes. (2) The General Manager may take the actions described in (1), with the concurrence of the Chair of the Board of Directors and/or the Vice Chair, without obtaining prior approval of the District's Board of Directors. In taking any such action, the General Manager shall follow the procedures set forth in Public Contracts Code Section 22050. (3) In the alternative, the District's Board of Directors may, by resolution adopted by a four-fifths vote, take the actions described in Subsection OCSD-XX-19 (1). In taking any such action, the District shall follow the procedures set forth in Public Contracts Code 22050. B. Specification of Brand or Trade Name. Notwithstanding Section 5.02.A(1)(a)(ii)6, the specifications for a Public Works Contract may call for a designated material, product, thing, or service by specific brand or trade name without inserting the words "or equal" if the District complies with the requirements of the California Public Contract Code section 3400 et seq. The General Manager is authorized to make the findings required under California Public Contract Code section 3400 et seq. The Notice Inviting Bids or Request for Proposals shall state that a particular material, product, thing, or service is necessary or desirable for any of the following purposes: (1) In order that a field test or experiment may be made to determine the product's suitability for future use; (2) In order to match other products in use on a particular public improvement either completed or in the course of completion; (3) In order to obtain a necessary item that is only available from one source; (4) In order to respond to an emergency declared by the District, but only if the declaration is approved by a four-fifths vote of the District's Board of Directors; or (5) In order to respond to an emergency declared by the state, a state agency, or political subdivision of the state, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the District. Article 6. Protests The District shall afford Interested Parties an opportunity to protest the solicitation of bids and proposals and the award of contracts as set forth in this Article 6. The General Manager shall adopt detailed protest procedures consistent with this Article 6. The protest procedures governing any particular procurement shall be set forth in the Notice Inviting Bids or the Request for Proposals, as applicable. Section 6.01. Solicitation Protests A. Interested Parties may file a Solicitation Protest Statement with the Purchasing Manager on the grounds that a free and open competition has not taken place, or cannot take place, and/or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous. Each Notice Inviting Bids and OCSD-XX-20 Return to Agenda Report Request for Proposals shall identify the date and time that the Solicitation Protest Statement is due, the information required to be included in the Solicitation Protest Statement, the evaluation process, and the types of remedies available. B. The Purchasing Manager shall evaluate each Solicitation Protest Statement and determine what actions, if any, will be taken to remedy any deficiency. The decision of the Purchasing Manager shall be final. Section 6.02. Award Protests A. In connection with any competitive selection process, any Interested Party may file an Award Protest Statement with the Purchasing Manager on the ground that a free and open competition has not taken place in connection with the award recommendation. The Purchasing Manager shall not, however, consider any protest based on a finding that a bid or proposal is not responsive. B. Each Notice Inviting Bids and Request for Proposals shall identify the deadline for Award Protest Statements and describe the information required to be included in any Award Protest Statement, the evaluation process, the appeal process, and the types of remedies available. C. The Purchasing Manager shall evaluate each Award Protest Statement and determine what actions, if any, will be taken to remedy any deficiency. D. The Purchasing Manager's decision on an Award Protest Statement may be appealed to the Director of Finance and Administrative Services and the Director of the Department requesting the Goods or Services. The Director of Finance and Administrative Services and the Director of the Department requesting the Goods or Services shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager's determination. For Contracts to be awarded by District staff, the decision of the Director of Finance and the Director of the Department requesting the Goods or Services shall be final. For Contracts to be awarded by the Board of Directors, the Board may consider any Award Protest Statements in connection with its consideration of the Contract. Section 6.03. Delay in Award A. Execution of any proposed contract shall be delayed pending resolution of any protests unless one or more of the following conditions is present: (1) The items or services being procured are urgently required; OCSD-XX-21 (2) Delivery or performance will be unduly delayed by failure to make an award promptly; or (3) Failure to make prompt award will otherwise cause undue harm to the District. Section 6.04. Remedies A. If the final decision maker determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, the District, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate: (1) Prior to award, the District may issue a new solicitation, make a new selection/award recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures; (2) Take no further action; or (3) Take any other action that is permitted by law to promote compliance with applicable statutes, regulations, policies and/or procedure. B. In determining the appropriate remedy, if any, the District shall consider all the circumstances surrounding the Notice Inviting Bids or Requests for Proposal and/or award, including, but not limited to: (1) The seriousness of any deficiency found to exist in the contracting process; (2) The effect of the action on the competitive process; (3)Any urgency surrounding the contract requirement; and (4) The effect that implementing the remedy will have on the District. C. Nothing contained herein shall be construed to act as a limitation on the Districts choice of remedies or confer any right upon any Interested Party or affected party to a remedy. Section 6.05. Public Documents Solicitation Protest Statements and Award Protest Statements are public documents. The District will notify the affected parties when a protest has been submitted, and will provide copies of the Protest Statements to the affected parties upon written request. OCSD-XX-22 Return to Mende Report Article 7. Delegation of Authority to Award Contracts This Article 7 applies to all Contracts for Goods, Services, and Public Works Projects entered into by the District. Section 7.01. Award Authorization A. Delegation by General Manager. The General Manager shall establish written procedures governing the delegation of authority to award and execute Contracts consistent with this Ordinance. Upon delegation of authority by the General Manager, each Department Head may further delegate authority to initiate a written Requisition consistent with the General Manager's written procedures. B. Original Contracts and Contingencies. The Board of Directors hereby delegates the authority to award Contracts within specified limits as follows: Delegated Authority Authorized Action General Manager/ Authorization to approve and execute Contracts for Assistant General budgeted procurements up to $100,000, including any Manager contingency. All procurements over $50,000 are to be reported to the Board of Directors on a quarterly basis. Standing Committees Authorization to approve procurements over $100,000 up to $200,000, plus a contingency of up to 50%, for a total spending authority of up to $300,000 for each Contract. All original Contracts for procurements that exceed these limits shall be approved by the Board of Directors. C. Amendments and Change Orders. The Board of Directors hereby delegates the authority to approve of Amendments and Change Orders in any amount as follows: Delegated Authority Authorized Action General Manager/ Authorization to approve and execute Amendments Assistant General and Change Orders as long as (1) the Amendment or Manager Change Order is recommended by the applicable Department Director, and (2)the Amendment or OCSD-XX-23 Change Order amount is within the original-approved contingency. Authorization to approve and execute Amendments to chemical Contracts, unless the Contract unit price has been changed from the original amount approved by the District's Board of Directors. Unit price increases in chemical Contracts require Board of Directors approval. Section 7.02. Task Orders The Board of Directors hereby delegates the authority to award Task Orders within specified limits as follows: Delegated Authority Authorized Action General Manager/ Authorization to approve, upon the recommendation of Assistant General the Department Director, and execute Task Orders Manager and/or Amendments to the Task Orders provided the cumulative total of the Task Order and Amendments thereto do not exceed $100,000. Standing Committees Authorization to approve, upon the recommendation of the General Manager/Assistant General Manager, Task Orders and/or Amendments to the Task Orders provided the cumulative total of the Task Order and Amendments do not exceed $200,000 All Task Orders that exceed these limits shall be approved by the Board of Directors. Section 7.03. Time Extensions to Public Works Projects The General Manager may approve and execute Change Orders for Public Works Project Contract time extensions that do not involve any increase in compensation over the approved Contingency. Article 8. Ethics Section 8.01. Unlawful Consideration Prohibited District Officials shall neither solicit nor receive bribes, rebates, kickbacks, and/or any other unlawful consideration from any contracting party, or any party seeking a Contract with the District, in exchange for favorable treatment or any other action. OCSD-XX-24 Return to Mende Report Section 8.02. Conflicts of Interest A. Compliance with the Political Reform Act. District Officials shall not make any Contracts, participate in the making of any Contracts, or in any way attempt to use their official positions to influence any decision on any Contracts, in violation of Government Code Sections 87100 et seq. B. Compliance with Government Code S 1090. Without limiting the requirements of Part A above, no District Official shall make any Contract, participate in the making of any Contract, or in any way attempt to use his or her official position to influence any decision on a Contract, in violation of California Government Code Section 1090. C. Requirements Applicable to Consultants. Consultants designated by the District's Conflict of Interest Code shall comply in all respects with Government Code Section 87100 at seq., and its implementing regulations. Article 9. Miscellaneous Section 9.01. Noncompliance Any Contract entered into which fails in any respect to comply with the provisions of this Ordinance may be voided by the Board of Directors in its sole and absolute discretion. Any employee who willfully and knowingly violates any provision of this Ordinance may be subject to disciplinary action. Section 9.02. Effective Date This Ordinance No. OCSD XX-XX shall take effect January 1, 2014, upon adoption by the Board of Directors. Section 9.03. Repeal of Resolution No. OCSD 07-04, OCSD 07-13 & OCSD 12-17 Resolution No. OCSD 07-04, entitled "A Resolution of the Board of Directors of the Orange County Sanitation 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" is hereby repealed in its entirety. Resolution No. OCSD 07-13, entitled "A Resolution of the Board of Directors of the Orange County Sanitation District Establishing Policy OCSD-XX-25 for the payment of mandatory and statutory fees greater than the limits established in Resolution No. OCSD 07-04 and future updates to the Delegation of Authority' is hereby repealed in its entirety. Resolution No. OCSD 12-17, entitled "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" is hereby repealed in its entirety. Section 10.01. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation within 15 days as required by law. OCSD-XX-26 Return to Mende Report Appendix Definitions A. Amendment means a properly executed written agreement entered into and between the District and the Contractor, or issued by the District, covering modifications to the original Contract and which may result in adjustments to provisions of the Contract, including, but not limited to, terms, scope of work, compensation, and/or period of performance. B. Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the contract, which shall be submitted after receipt of bids, but before award of a contract, as specified herein. C. Best value means the overall combination of quality, price, and other elements of a proposal/bid (or combination of several proposals/bids) that, when considered together, provide the greatest overall benefit in response to the requirements described in the solicitation documents. D. Change Order means a properly executed written agreement entered into and between the District and the Contractor, or unilaterally issued by the District, covering modifications to the original Contract, and which may result in adjustments to the provisions of the Contract, including, but not limited to, terms, scope of work, cost and/or period of performance. E. Competitive Sealed Bids means a selection process whereby prospective Contractors submit sealed bids and the Contract is awarded to the lowest Responsive and Responsible Bidder. F. Competitive Sealed Proposals means a selection process whereby prospective Contractors submit sealed proposals and the Contract is awarded to the proposal that best meets the criteria specified in the Request for Proposals. G. Contingency means an amount above the original Contract price, as awarded by the delegated authority, established at the time of Contract award, as may be amended thereafter, to be used for Contract changes. H. Contract means any type of agreement for the purchase of Goods, Services, and/or Public Works Projects. Contracts may be labeled in various different ways, including, but not limited to, 'contract," "agreement," "purchase order," and "task order." OCSD-XX-27 I. Contractor means any person or entity that has a Contract with the District. J. Department means one of the District's designated departments. K. Design-Bid-Build means a selection process for the award of Public Works Contracts involving three basic steps: (1) the District hires a design professional to prepare detailed plans and specifications or the District prepares detailed plans and specifications; (2) the District solicits bids from construction firms based on the detailed plans and specifications; and (3) the District awards the Contract to the lowest Responsive and Responsible Bidder. L. Design-Build means a selection process for the award of Public Works Contracts involving two basic steps: (1) the agency solicits proposals from pre-qualified firms to design and construct a project; and (2) depending on the award criteria set forth in the Request for Proposals, the agency awards the Contract to either (a) the lowest Responsive and Responsible Bidder, or(b) the proposal that presents the "best value" M. Director means a director of one of the District's designated departments, or his or her designee(s). N. Director of Engineering means the District's Director of Engineering or his or her designee(s). O. District means the Orange County Sanitation District. P. District Board or Board means the Board of Directors of the Orange County Sanitation District. Q. District Official means any member of the District's Board of Directors, any District employee, and any District consultant that is designated under the District's Conflict of Interest Code. R. General Manager means the General Manager of the District, or his or her designee(s). S. Goods means fixed, movable, disposable, and/or reusable products, commodities, equipment, materials, supplies or items used by the District, and excludes land or any interest in real property. OCSD-XX-28 Return to Mende Report T. Interested Pa rtv shall mean all bidders or proposers, and prospective bidders or proposers, on procurement. U. Mailing means transmission by United States Postal Service, electronic mail, or facsimile. V. Negotiated Procurement means a selection process whereby the Purchasing Manager identifies one or more prospective Contractors of his or her choice, negotiates with one or more of them, and awards the Contract to one of them based on the best interest of the District. W. Notice Inviting Bids/Invitation for Bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids. X. Procurement means buying, purchasing, renting, leasing, or otherwise acquiring any goods, services, construction, construction services, or professional services. It also includes all functions that pertain to the obtaining of any goods, services, or construction, including description of requirements, election and solicitation of sources, preparation and award of contract, and all phases of contract administration. Y. Professional Services means (i) services provided by professionals that involve specialized judgment, skill, and expertise, and (ii) incidental services that professionals, and those in their employ, may logically or justifiably perform. Professional Services include, but are not limited to, services provided by engineering, architectural, environmental, land surveying, construction management, accounting, financial, information technology, human resources consultation and advocacy, legislative advocacy, and scientific research/consulting firms. Z. Professional Design Services means engineering, architectural, environmental, land surveying, construction management, and similar Professional Services retained by the District in connection with, but not limited to, construction, alteration, and/or repair projects. AA. Public Works/Public Works Project means a project involving the construction, erection, or alteration of any type of structure, building, or improvement other than sewerage maintenance or repair projects. BB. Purchasing Manager means the Districfs Contracts, Purchasing and Materials Management Manager, or his or her designee(s). OCSD-XX-29 CC. Reguest for Proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. DD. Reguest for Qualifications means a request for detailed information concerning the qualifications of prospective Contractors. EE. Reauisition means an approved written document making a request for Goods and Services FF. Responsible Bidder means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the requested services or project. GG. Responsive Bidder/ Proposer means a bidder/proposer who has submitted a bid/proposal which conforms in all material respects to the Notice Inviting Bids/Invitation for Bids/Request for Proposals. HH. Services means the furnishing of labor, time, or effort by a Contractor. Services include both general services Qanitorial, landscape, repair, maintenance, etc.) and professional services, unless otherwise specified. II. Sealed (Bids or Proposals) means the submittal of bids or proposals, either in paper or electronic format, whereby the bid or proposal documents are opened at a specific time and not before. JJ. Sole Source Procurement means the acquisition of Goods and/or Services from a single source. KK. Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the bid due date as specified herein. LL. Standing Committee means one of the permanent committees designated by the Board of Directors as "Standing Committees." MM. Task Order means a written document pursuant to a Contract issued by the Purchasing Manager which provides for the issuance of orders, containing a defined budget, scope of services, and schedule, and authorizes a Contractor to incur a specified amount for the performance of tasks. OCSD-XX-30 Return to Mende Report PASSED AND ADOPTED by a majority of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held November 20, 2013. Troy Edgar Chairman of the Board of Directors Orange County Sanitation District ATTEST: Maria E. Ayala Clerk of the Board Orange County Sanitation District APPROVED AS TO FORM: Bradley R. Hogin, General Counsel OCSD-XX-31 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I, MARIA E. AYALA, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-XX was introduced for first reading at a regular meeting of said Board on the 23rd day of October, 2013 and passed and adopted at a regular meeting of said Board on the day of , 2013, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2013. Maria E. Ayala Clerk of the Board Orange County Sanitation District OCSD-XX-32 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary AQMD Air Quality Management District ASCE American Society of Civil Engineers BOO Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District OOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (DR) — the dilution at which the majority of the people detect the odor becomes the D(f for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect'). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NOMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.