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02-02-2022 Operations Committee Meeting Complete Agenda Packet.pdf
OC6SAN ORANGE COUNTY SANITATION DISTRICT ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order. Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San's Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content. HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 585 874 278# All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at: https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk(o)_ocsan.gov with the subject line "PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)" or "PUBLIC COMMENT NON-AGENDA ITEM". You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS For technical assistance before and during the meeting, please call 714-593-7431. For any other questions and/or concerns, please contact the Clerk of the Board's office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San! 1 Ellis Avenue Fountainuntain Valley,CA 92708 OC6SAN7.4.962.24., ORANGE COUNTY SANITATION DISTRICT www.ocsan_gov January 26, 2022 Serving: -,naheim Brea NOTICE OF REGULAR MEETING Buena Park Cypress Fountain Valley OPERATIONS COMMITTEE cullerton ORANGE COUNTY SANITATION DISTRICT ,crcen Grove Huntington Beach Wednesday, February 2, 2022 — 5:00 P.M. Irvine La Habra La Palma ACCESSIBILITY FOR THE GENERAL PUBLIC Los Alamitos Your participation is always welcome. Specific information as to how to participate in this meeting is detailed in the Special Notice attached to Newport Beach this agenda. In general, OC San offers several ways in which to interact Orange during meetings: you may join the meeting live via Teams on your Placentia computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for Santa Ana consideration before or during the meeting. Seal Beach Stanton Tustin The Regular Meeting of the Operations Committee of the Orange County Sanitation District will be held at the above location and in the manner Villa Park indicated on Wednesday, February 2, 2022 at 5:00 p.m. County of Orange Costa Mesa Sanitary District Midway City Sanitary District Irvine Ranch lerk oftKe Poard Water District Yorba Linda Water District Our Mission:To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. OPERATIONS COMMITTEE BOARD MEETING DATE MEETING DATE 02/02/22 02/23/22 03/02/22 03/23/22 04/06/22 04/27/22 05/04/22 05/25/22 06/01/22 06/22/22 07/06/22 07/27/22 AUGUST DARK 08/24/22 09/07/22 09/28/22 10/05/22 10/26/22 11/02/22 11116122 * 12/07/22 12121122 * JANUARY DARK 01/25/23 *Meeting will be held on the third Wednesday of the month ROLL CALL OPERATIONS COMMITTEE Engineering and Operations & Maintenance Meeting Date: February 2, 2022 Time: 5:00 p.m. Adjourn: COMMITTEE MEMBERS (14) Brooke Jones (Chair) Ryan Gallagher Vice-Chair Stephen Faessel Johnathan Ryan Hernandez Steve Jones Sandra Massa-Lavitt Paulo Morales Kim Nichols Bob Ooten Jesus J. Silva Donald P. Wagner Chad Zimmerman John Withers (Board Chair) Chad Wanke Board Vice-Chair OTHERS Brad Hogin, General Counsel STAFF Jim Herber , General Manager Rob Thompson, Assistant General Manager Lorenzo Tyner, Assistant General Manager Celia Chandler, Director of Human Resources KathyMillea, Director of Engineering Lan Wiborg, Director of Environmental Services Kelly Lore, Clerk of the Board ORANGE COUNTY SANITATION DISTRICT Effective 1/25/2022 BOARD OF DIRECTORS Complete Roster ALTERNATE AGENCY/CITIES ACTIVE DIRECTOR DIRECTOR Anaheim Stephen Faessel Gloria Ma'ae Brea Glenn Parker Cecilia Hupp Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz Fountain Valley Patrick Harper Ted Bui Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O'Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan La Habra Rose Espinoza Steve Simonian La Palma Marshall Goodman Nitesh Patel Los Alamitos Ron Bates NONE Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary District Andrew Nguyen Mark Nguyen Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Ted Lindsey County Areas Board of Supervisors Donald P. Wagner Doug Chaffee "'06SAN ORANGE COUNTY SANITATION DISTRICT OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 2, 2022 - 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Orange County Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Orange County Sanitation District's website at www.ocsan.gov 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. AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at(714) 593-7433. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg,jherberg@ocsan.gov/(714) 593-7300 Asst. General Manager: Lorenzo Tyner, Ityner@ocsan.gov/(714) 593-7550 Asst. General Manager: Rob Thompson, rhompson@ocsan.gov/(714)593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsan.gov/(714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsan.gov/(714) 593-7365 Director of Environmental Services: Lan Wiborg, Iwiborg@ocsan.gov/(714) 593-7450 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 2, 2022 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AND DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser,join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board before or during the public comment period. You may submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line "PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)"or"PUBLIC COMMENT NON-AGENDA ITEM". You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Ca/endar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. REPORTS: The Committee Chairperson 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. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES 2022-2096 RECOMMENDATION: Approve Minutes of the Regular Meeting of the Operations Committee held December 1, 2021. Originator: Kelly Lore Page 1 of 7 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 2, 2022 Attachments: Agenda Report 12-01-2021 Operations Committee Minutes 2. TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT 2021-1747 PLANT NO. 1, PROJECT NO. FE19-03 RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1, Project No. FE 19-03; B. Award a Construction Contract to Garvey Pacific, Inc. for Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1, Project No. FE19-03, for an amount not to exceed $778,000; and C. Approve a contingency of $77,800 (10%). Originator: Kathy Millea Attachments: Agenda Report FE19-03 Construction Contract 3. VFD REPLACEMENTS AT SEAL BEACH PUMP STATION, PROJECT 2021-1787 NO. FE19-13 RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for VFD Replacements at Seal Beach Pump Station, Project No. FE19-13; B. Award a Construction Contract to Energy Management Corporation for VFD Replacements at Seal Beach Pump Station, Project No. FE19-13, for an amount not to exceed $138,650; and C. Approve a contingency of $27,730 (20%). Originator: Kathy Millea Attachments: Agenda Report FE19-13 Construction Contract 4. PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY 2021-1833 IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-133 RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Construction Services Agreement with Carollo Engineers, Inc. to provide construction support services for Primary Page 2 of 7 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 2, 2022 Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133, for an amount not to exceed $530,000; and B. Approve a contingency of 53,000 (10%) Originator: Kathy Millea Attachments: Agenda Report Draft PCSA P1-133 5. CENTRAL GENERATION PRESSURE VESSEL INTEGRITY 2021-1836 RELIABILITY ASSESSMENT, PROJECT NO. PS20-05 RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement CS-2021-1267BD to Pond & Company for the Central Generation Pressure Vessel Integrity and Reliability Assessment, PS20-05, at Plant Nos. 1 and 2, for a total amount not to exceed $235,133; and B. Approve a contingency of 23,513 (10%) Originator: Kathy Millea Attachments: Agenda Report Draft Agreement 6. LABORATORY BUILDING HVAC CONTROLS REPLACEMENT AT 2021-1858 PLANT NO. 1, PROJECT NO. FR1-0014 RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for Laboratory Building HVAC Controls Replacement at Plant No. 1, Project No. FR1-0014; B. Award a Service Contract to Retrofit Service Company, Inc. for Laboratory Building HVAC Controls Replacement at Plant No. 1, Project No. FR1-0014, Specification No. S-2021-127613D, for an amount not to exceed $176,847; and C. Approve a contingency of $17,685 (10%). Originator: Kathy Millea Attachments: Agenda Report S-2021-1276BD Agreement Page 3 of 7 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 2, 2022 7. THICKENING AND DEWATERING BUILDING PIPE SUPPORT 2021-1968 IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. FE20-06 RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1, Project No. FE20-06; B. Award a Construction Contract to Garney Pacific, Inc. for Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1, Project No. FE20-06 for an amount not to exceed $793,000; and C. Approve a contingency of $79,300 (10%). Originator: Kathy Millea Attachments: Agenda Report FE20-06 Contract 8. ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2022-2074 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Engineering Program Contract Performance Report for the period ending December 31, 2021. Originator: Kathy Millea Attachments: Agenda Report CIP Contract Report 9. CHANGE ORDER TO WESTAIR GASES AND EQUIPMENT FOR 2022-2087 PLANT NO. 2 LIQUID OXYGEN EMERGENCY PURCHASE ORDER NO. 107389-OB RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Change Order to Purchase Order No. 107389-013, with WestAir Gases and Equipment, for an additional amount of $180,000 for Plant No. 2 liquid oxygen, for the period of February 1, 2022 through August 19, 2022, for a unit price of $0.50 per 100CF, delivery $180, hazmat $20, and fuel charge $20, for a total estimated annual amount of $275,000; and B. Approve a (15%) unit price contingency. Originator: Rob Thompson Attachments: Agenda Report Page 4 of 7 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 2, 2022 10. QUARTERLY ODOR COMPLAINT REPORT 2022-2086 RECOMMENDATION: Receive and file the Fiscal Year 2021-22 Second Quarter Odor Complaint Report. Originator: Rob Thompson Attachments: Agenda Report FY 2021-22 2nd Qtr Odor Complaints Report NON-CONSENT: 11. PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY 2022-2076 IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-133 RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133; B. Award a Construction Contract to Shimmick Construction Company, Inc. for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133, for an amount not to exceed $6,275,000; and C. Approve a contingency of $627,500 (10%). Originator: Kathy Millea Attachments: Agenda Report P1-133 Contract Presentation - P1-133 Construction 12. ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2, 2021-1784 PROJECT NO. FR2-0018 RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Activated Sludge Clarifier Repairs at Plant No. 2, Project No. FR2-0018; B. Receive and file Award Protest from J.R. Filanc Construction Co., Inc. dated December 20, 2021 concerning the award to W.M. Lyles Co.; C. Receive and file Award Protest from Shimmick Construction Co., Inc. dated December 22, 2021 concerning the non-responsive bids submitted by all other contractors; Page 5 of 7 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 2, 2022 D. Receive and file Orange County Sanitation District's determination letter dated January 4, 2022, issued to all bidders, recommending the rejection of all bids and re-advertising the project; and E. Reject all bids and direct staff to re-advertise this project for bid. Originator: Kathy Millea Attachments: Agenda Report FR2-0018 Protest - JR Filanc FR2-0018 Protest - Shimmick FR2-0018 Notice of Determination to all Bidders INFORMATION ITEMS: 13. COVID-19 SEWAGE SURVEILLANCE PROJECT UPDATE 2022-2091 RECOMMENDATION: Information Item. Originator: Lan Wiborg Attachments: Agenda Report California Water Quality Monitoring Council Resolution No. 2021-0001 SWRCB Resolution No. 2021-0049 Presentation - COVID Sewer Surveillance Update 14. PURCHASING, CONTRACTS, AND MATERIALS MANAGEMENT 2022-2103 DEPARTMENT OVERVIEW RECOMMENDATION: Information Item. Originator: Lorenzo Tyner Attachments: Agenda Report Presentation - Purchasing, Contracts & Materials Management DEPARTMENT HEAD REPORTS: CLOSED SESSION: None. Page 6 of 7 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 2, 2022 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. ADJOURNMENT: Adjourn the meeting until the Regular Meeting of the Operations Committee on March 2, 2022 at 5:00 p.m. Page 7 of 7 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2096 Agenda Date: 2/2/2022 Agenda Item No: 1. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Regular Meeting of the Operations Committee held December 1, 2021. BACKGROUND In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. RELEVANT STANDARDS • Resolution No. OC SAN 21-04 ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Minutes of the Operations Committee meeting held December 1, 2021 Orange County Sanitation District Page 1 of 1 Printed on 1/24/2022 powered by LegistarTM Orange County Sanitation District Wednesday, December 1, 2021 Minutes for the 5:00 PM OPERATIONS COMMITTEE Board Room SAN Administration Building ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Operations Committee of the Orange County Sanitation District was called to order by Committee Chair Brooke Jones on Wednesday, December 1, 2021 at 5:01 p.m. in the Administration Building of the Orange County Sanitation District. Chair Jones stated that the meeting was being held telephonically and via Internet accessibility in accordance with new provisions in California Government Code Section 54953 and Resolution No. OC SAN 21-20, due to the continued State of Emergency Order. Chair Jones announced the teleconference meeting guidelines. ROLL CALL AND DECLARATION OF QUORUM: Roll call was taken and a quorum was declared present, as follows: PRESENT: Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers ABSENT: Doug Chaffee, Kim Nichols and Chad Zimmerman STAFF PRESENT: Kelly Lore, Clerk of the Board, and Brian Engeln were present in the Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Pegah Behravan; Jennifer Cabral; Mortimer Caparas; Tanya Chong; Tina Knapp; Cindy Murra; Valerie Ratto; Wally Ritchie; Thomas Vu; Brian Waite; Eros Yong; and Ruth Zintzun were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, was in attendance telephonically. PUBLIC COMMENTS: None. REPORTS: Chair Jones announced that the Board of Directors meeting for December will be held one week early on December 15, 2021 ; and that OC San Administrative Offices will be closed on December 23-24 and December 31 in observance of Christmas and New Year's Day. General Manager Jim Herberg introduced Assistant General Manager Rob Thompson who announced that OC San received approval to participate in the Direct Access Program Page 1 of 8 OPERATIONS COMMITTEE Minutes December 1, 2021 through Southern California Edison and that more information would be provided at the Steering Committee and Board meetings on December 15. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2021-2003 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Operations Committee held November 3, 2021 . AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Johnathan Ryan Hernandez, Kim Nichols and Chad Zimmerman ABSTENTIONS: None 2. TRICKLING FILTER 480 VOLT CABLE REPLACEMENT AT PLANT 2021-1748 NO. 1, PROJECT NO. FR1-0008 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Trickling Filter 480 Volt Cable Replacement at Plant No. 1, Project No. FR1-0008; B. Award a Service Contract to Baker Electric, Inc. for Trickling Filter 480 Volt Cable Replacement at Plant No. 1, Project No. FR1-0008 for an amount not to exceed $251,586; and C. Approve a contingency of $50,317 (20%). AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Johnathan Ryan Hernandez, Kim Nichols and Chad Zimmerman ABSTENTIONS: None Page 2 of 8 OPERATIONS COMMITTEE Minutes December 1, 2021 3. JANITORIAL & FLOOR MAINTENANCE SERVICE CONTRACT FOR 2021-1999 PLANT NOS. 1 AND 2 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Service Contract to U.S. Metro Group, Inc. to provide Janitorial & Floor Maintenance Services at Plant Nos. 1 and 2, Specification No. S-2021-127013D, for a total amount not to exceed $799,992 for the period beginning February 1, 2022, through January 31, 2023, with four, one-year renewal options; and B. Approve an annual contingency of $ 79,999 (10%). AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Johnathan Ryan Hernandez, Kim Nichols and Chad Zimmerman ABSTENTIONS: None 4. PLANT NO. 2 DISTRIBUTION CENTER H, 480V SWITCHGEAR 2021-1958 UNDERVOLTAGE RELAY UPGRADE PROJECT Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Purchase Order Contract with Miron Electric Construction Corp. for Plant No. 2 Distribution Center H, 480V Switchgear Undervoltage Relay Upgrade Project, per Specification No. S-2021-1280, for a total amount not to exceed $198,200; and B. Approve a contingency of $19,820 (10%). AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Johnathan Ryan Hernandez, Kim Nichols and Chad Zimmerman ABSTENTIONS: None Page 3 of 8 OPERATIONS COMMITTEE Minutes December 1, 2021 5. MANHOLE FRAME AND COVER REPLACEMENT PROJECT IN THE 2021-1959 CITY OF ANAHEIM Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Service Contract to Ayala Engineering, Inc. to replace and adjust 47 manhole frames and covers in the City of Anaheim per Specification No. S-2021-125413D, for a total amount not to exceed $293,750; and B. Approve a contingency of $29,375 (10%). AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Johnathan Ryan Hernandez, Kim Nichols and Chad Zimmerman ABSTENTIONS: None 6. COLLECTION SYSTEM CONDITION MONITORING SERVICE 2021-1984 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Five-Year Service and Monitoring Purchase Order Agreement with Hardonex, Inc. (dba SmartCover Systems) for field device communication and monitoring services, for the total amount of $177,778, billed in annual installments; and B. Approve a contingency of $17,777 (10%) for service fee changes due to adding field devices based on the need. AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Johnathan Ryan Hernandez, Kim Nichols and Chad Zimmerman ABSTENTIONS: None Page 4 of 8 OPERATIONS COMMITTEE Minutes December 1, 2021 7. USP TECHNOLOGIES INDEMNIFICATION AGREEMENT 2021-1985 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve an Indemnification Agreement with USP Technologies and the Orange County Sanitation District concerning the potential claimed violation of material patents in a form approved by General Counsel. AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Johnathan Ryan Hernandez, Kim Nichols and Chad Zimmerman ABSTENTIONS: None NON-CONSENT: 8. ORANGE COUNTY SANITATION DISTRICT 2021 ASSET 2021-1948 MANAGEMENT PLAN Originator: Kathy Millea Director of Engineering Kathy Millea provided a brief introduction to the item and introduced Engineering Supervisor Brian Waite who provided a presentation regarding the 2021 Asset Management Plan including: intent and purpose of the plan including its replacement value of $10.7 billion in assets; Plant Nos. 1 & 2, Pump Station, and Gravity Sewer current conditions; and projects which included an average remaining useful life score map. Mr. Waite further described the success and accomplishments of the program and impact of asset management. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Orange County Sanitation District 2021 Asset Management Plan. AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Johnathan Ryan Hernandez, Kim Nichols and Chad Zimmerman ABSTENTIONS: None Director Hernandez arrived at the meeting at 5:38 p.m. Page 5 of 8 OPERATIONS COMMITTEE Minutes December 1, 2021 9. SUPERCRITICAL WATER OXIDATION RESEARCH OPPORTUNITY 2021-1960 Originator: Rob Thompson As a continuation from last month's Operations Committee meeting, Mr. Thompson provided a presentation which included information regarding: risk/reward sharing, cost of treatment, fate of chemicals, proposed project budget, and detailed schedule. Mr. Thompson responded to questions regarding buy-back; stack exhaust and CO2; initial program concept, fixed price, and additional costs for chemicals; and deferral of payment for non-performance. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement to 374Water Systems, Inc. for the Supercritical Water Oxidation Demonstration at Plant No. 1, Project No. RE21-01, to provide goods and services for demonstration of the 374Water AirSCWO Nix6 System, for an amount not to exceed $5,139,000; and B. Approve contingency funds for Project No. RE21-01 for a combined total not to exceed $514,000 (10%). AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva, Chad Wanke and John Withers NOES: None ABSENT: Doug Chaffee, Kim Nichols and Chad Zimmerman ABSTENTIONS: None Board Chairman Withers departed the meeting at 6:06 p.m. 10. OCEAN OUTFALL CONDITION ASSESSMENT AND SCOPING 2021-1977 STUDY, PROJECT NO. PS18-09 Originator: Kathy Millea Senior Engineer Valerie Ratto provided a presentation which included a detailed overview of the Outfall and the project elements involved in the scoping study including port cleaning and clearing, condition assessment, 3D scanning and modeling, and impacts of low flows. She further provided the preliminary findings of the condition assessment, described the immediate repairs needed, and the required additional consultant services and their cost. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Page 6 of 8 OPERATIONS COMMITTEE Minutes December 1, 2021 Approve a contingency increase of $823,200 (30%) to the Professional Services Agreement with Carollo Engineers, Inc. for Ocean Outfall Condition Assessment and Scoping Study, Project No. PS18-09, for a total contingency of $1,097,600 (40%). AYES: Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales, Robert Ooten, Jesus Silva and Chad Wanke NOES: None ABSENT: Doug Chaffee, Kim Nichols, John Withers and Chad Zimmerman ABSTENTIONS: None INFORMATION ITEMS: 11. REGIONAL URBAN RUNOFF DIVERSION OPTIMIZATION STUDY 2021-1953 Originator: Kathy Millea Engineering Manager Eros Yong provided a presentation regarding the initiatives and objectives of the Regional Urban Runoff Diversion Optimization Study. ITEM RECEIVED AS AN: Information Item. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Faessel provided comments on and history of the Direct Access Program. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Jones declared the meeting adjourned at 6:43 p.m. to the next Regular Operations Committee meeting to be held on Wednesday, February 2, 2022 at 5:00 p.m. Page 7 of 8 OPERATIONS COMMITTEE Minutes December 1, 2021 Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 8 of 8 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-1747 Agenda Date: 2/2/2022 Agenda Item No: 2. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1, PROJECT NO. FE19-03 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1, Project No. FE 19-03; B. Award a Construction Contract to Garvey Pacific, Inc. for Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1, Project No. FE19-03, for an amount not to exceed $778,000-1 and C. Approve a contingency of $77,800 (10%). BACKGROUND The trickling filters at Orange County Sanitation District (OC San) Plant No. 1, which were completed in 2006, provide approximately 20% of the Plant's secondary treatment capacity. The treated primary effluent flow is conveyed from the trickling filters to the secondary clarifiers where the solids settle, and the treated effluent is sent to the Orange County Water District for water reclamation. The settled sludge is pumped to the Thickening and Dewatering Centrifuge Facility. RELEVANT STANDARDS • Comply with California Public Contract Code Section 20103.8, award construction contract to lowest responsive, responsible bidder • Maintain a proactive asset management program • 24/7/365 treatment plant reliability PROBLEM The Trickling Filter Sludge and Scum Pump Station has only a single pump which has reached the end of its useful life and has failed multiple times in the past, requiring labor-intensive efforts to Orange County Sanitation District Page 1 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1747 Agenda Date: 2/2/2022 Agenda Item No: 2. maintain its reliability. When the pump is not available, sludge is diverted to the Waste Sidestream Pump Station, using more energy and process capacity to move the sludge through the treatment plant. PROPOSED SOLUTION Award a Construction Contract for Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1, Project No. FE19-03. This project will install two new sludge pumps to reliably transfer solids from the trickling filters to the Thickening and Dewatering Centrifuge Facility. TIMING CONCERNS Until the two new sludge pumps are installed, there will be continued labor-intensive efforts to keep the current pump functional. When the pump fails, sludge would continue to be drained to the Waste Sidestream Pump Station using more energy and process capacity to move the sludge through the treatment plant. RAMIFICATIONS OF NOT TAKING ACTION Pump failures will result in higher energy usage and decreased plant capacity by sending solids through primary treatment for reprocessing. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OC San advertised for bids on October 25, 2021, and 10 sealed bids were received on December 7, 2021. A summary of the bid opening follows: Engineer's Estimate $1,800,000 Bidder Amount of Bid Garney Pacific, Inc. $ 778,000 Innovative Construction Solutions $1,083,000 Tharsos Inc. $1,191,150 J.R. Filanc Construction Co. Inc. $1,196,000 Kiewit Infrastructure West Co. $1,249,000 GSE Construction Company Inc. $1 ,298,100 Mehta Mechanical Company, Inc. dba MMC, Inc. $1,554,000 AID Builders, Inc. $1,693,000 Houalla Enterprises, Ltd. dba Metro Builders & Engineers Group,$1,758,581 Ltd. Orion Construction Corporation $1,963,000 Orange County Sanitation District Page 2 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1747 Agenda Date: 2/2/2022 Agenda Item No: 2. The bids were evaluated in accordance with OC San's policies and procedures. A notice was sent to all bidders on January 5, 2022, informing them of the intent of OC San to recommend award of the Construction Contract to Garney Pacific, Inc. Staff recommends awarding a Construction Contract to the lowest responsive and responsible bidder, Garney Pacific, Inc., for a total amount not to exceed $778,000. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301. A Notice of Exemption will be filed with the OC Clerk-Recorder after OC San Board of Directors approval of the construction contract. FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San's Purchasing Ordinance. This item has been budgeted (Budget Update, Fiscal Year 2021-2022, Appendix A, Page A-8, Support Facilities - Small Construction Projects Program) and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Construction Contract RL:dm Orange County Sanitation District Page 3 of 3 Printed on 1/25/2022 powered by LegistarTM PART A CONTRACT AGREEMENT C-CA-101121 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL .......................................................................................1 SECTION -2 MATERIALS AND LABOR................................................................4 SECTION - 3 PROJECT ........................................................................................4 SECTION -4 PLANS AND SPECIFICATIONS.......................................................5 SECTION - 5 TIME OF COMMENCEMENT AND COMPLETION..........................5 SECTION -6 TIME IS OF THE ESSENCE ............................................................5 SECTION - 7 EXCUSABLE DELAYS.....................................................................6 SECTION - 8 EXTRA WORK.................................................................................6 SECTION - 9 CHANGES IN PROJECT..................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS.............................................................................................9 SECTION - 13 COMPLETION..................................................................................9 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS...........................................................................12 SECTION - 16 INSURANCE ..................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION......................................................22 SECTION - 18 TERMINATION...............................................................................22 SECTION - 19 WARRANTY...................................................................................23 SECTION - 20 ASSIGNMENT................................................................................24 SECTION - 21 RESOLUTION OF DISPUTES........................................................24 SECTION - 22 SAFETY & HEALTH.......................................................................24 SECTION - 23 NOTICES .......................................................................................25 C-CA-101121 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 THIS AGREEMENT is made and entered into, to be effective, this February 23, 2022, by and between Garney Pacific, Inc., hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OC SAN". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OC SAN and CONTRACTOR agree as follows: SECTION — 1 GENERAL 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 OC SAN. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions — Definitions. CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 1 of 26 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 the date for submittal 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 iii. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as directed. Full-size details shall take precedence over scale Drawings as to C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 2 of 26 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 OC SAN's ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 3 of 26 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 OC SAN, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OC SAN 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, OC SAN may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION — 3 PROJECT The Project is described as: PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 4 of 26 SECTION —4 PLANS AND SPECIFICATIONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 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 OC SAN, unless otherwise specified therein and shall diligently prosecute the Work to completion within four hundred fifty (450) calendar days from the date of the "Notice to Proceed" issued by OC SAN, excluding delays caused or authorized by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes fifteen (15) calendar days determined by OC SAN likely to be inclement weather when CONTRACTOR will be unable to work. SECTION — 6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OC SAN, 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. OC SAN 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 CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 5 of 26 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, "Extension of Time 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". OC SAN'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 OC SAN specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OC SAN pursuant to the Contract Documents, OC SAN 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 OC SAN's ENGINEER. The decision of the ENGINEER shall be final. C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 6 of 26 SECTION —9 CHANGES IN PROJECT OC SAN 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 OC SAN-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". SECTION — 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OC SAN 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 Seven Hundred Seventy-Eight Thousand Dollars ($778,000) 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 CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 7 of 26 Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OC SAN shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four (4) week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work— General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OC SAN'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.). C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 8 of 26 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 OC SAN; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OC SAN since the commencement of the Work as determined by OC SAN; 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 OC SAN to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions —"Retained Funds; Substitution of Securities." SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 et 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. CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 9 of 26 Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General Conditions. SECTION — 14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OC SAN has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OC SAN. 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, OC SAN 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-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 10 of 26 C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OC SAN, 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. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seg.) of the Labor Code of the State of California and shall forfeit to OC SAN 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. CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 11 of 26 F. Registration; Record of Wages; Inspection: CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). SECTION — 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OC SAN'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 OC SAN. 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: C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 12 of 26 A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION — 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OC SAN, 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 OC SAN 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 OC SAN 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 CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 13 of 26 Changes", the following insurance in amounts not less than the amounts specified. OC SAN 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 OC SAN premises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OC SAN herein, the requirement(s) providing the more protective coverage for both OC SAN and the Third Parties shall control and be purchased and maintained by CONTRACTOR. If CONTRACTOR maintains higher limits than the minimums shown in this Section, OC SAN requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. 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 OC SAN, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OC SAN in connection with the planning, development and construction of the Project. In all its insurance coverages (except for Professional Liability/Errors and Omissions coverages, if applicable) related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 14 of 26 officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. A. Limits of Insurance 1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury and property damage. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate limit may be equivalent to the per occurrence limit. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Four Million Dollars ($4,000,000) 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. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate limit may be equivalent to the per occurrence limit. CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 15 of 26 C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OC SAN 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) for bodily injury, personal injury and property damage; C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 16 of 26 Or alternatively, (2) per person for bodily injury, One Million Dollars ($1,000,000) per accident for bodily injury, and per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a form acceptable to OC SAN. 5. Workers' Compensation/EmPloyer's Liability: CONTRACTOR shall provide such workers' 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. 6. Inland Marine— Installation Floater: An installation Floater with insurance limits at least equal to the value of machinery to be installed shall be maintained by the CONTRACTOR throughout the entire course of this Contract. 7. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance for pollution liability covering bodily injury, property damage (including loss of use of damaged property or property that has not been physically injured or destroyed), cleanup costs, and defense costs (including costs and expenses for investigation, defense, or settlement of claims). Coverage shall carry limits of at least One Million CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 17 of 26 Dollars ($1,000,000) and shall apply to sudden and non-sudden pollution conditions (including sewage spills), both at the site or needed due to migration of pollutants from the site, resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants or pollutants. If CONTRACTOR provides coverage written on a claims-made basis, OC SAN has the right to approve or reject such coverage in its own discretion. If written on a claims-made basis, the CONTRACTOR warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two years beginning from the time that the Project under this Contract is completed. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OC SAN. At the option of OC SAN, either: the Insurer shall reduce or eliminate such deductibles or self-insured retentions as respects OC SAN, its Directors, officers, agents, consultants, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC SAN 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. OC SAN, its directors, officers, agents, consultants, and employees, and all public agencies from whom permits will be obtained, and their directors, C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 18 of 26 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 OC SAN 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 OC SAN shall be excess only and not contributing with insurance provided under this policy. 2. Cancellation and Policy Change Notice. The CONTRACTOR is required to notify OC SAN in writing of any insurance cancellation notice it receives or other knowledge of pending or actual insurance policy cancellation within two (2) working days of receipt of such notice or acquisition of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in writing of any change in the terms of insurance, including reduction in coverage or increase in deductible/SIR, within two (2) working days of receipt of such notice or knowledge of same. Said notices shall be mailed to OC SAN at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue, Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division 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. CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 19 of 26 D. Acceptability of Insurers Insurers must have an "A2, 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. OC SAN recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OC SAN's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OC SAN will 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 OC SAN or its agent. E. Verification of Coverage CONTRACTOR shall furnish OC SAN 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 OC SAN before Work commences. OC SAN 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. OC SAN 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 C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 20 of 26 all Subcontractors' policies, certificate of liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OC SAN with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability ACORD Form 25 or other equivalent certificate of insurance form 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 00 01 b. Additional Insured Including Form CG 20 10 and Products-Completed Operations Form CG 20 37 All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN. C. Waiver of Transfer of Rights of Form CG 24 04 Recovery Against Others to Us/ Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Submit workers' compensation waiver of subrogation endorsement provided by carrier for OC SAN approval. b. Cancellation Notice No endorsement is required. However, CONTRACTOR is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article C.2., Cancellation and Policy Change Notice, above. CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 21 of 26 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement 5. Pollution Liability Endorsements There shall be a Separation of Insured Clause or endorsement, providing that coverage applies separately to each insured, except with respect to the limits of liability. There shall also be an endorsement or policy language containing a waiver of subrogation rights on the part of the insurer. OC SAN, its directors, officers, agents, consultants and employees and all public agencies from whom permits will be obtained as well as their directors, officers, agents, and employees shall be included as insureds under the policy. Any additional insured endorsement shall contain language at least as broad as the coverage language contained in ISO form CG 20 10 or alternatively in both CG 20 10 and CG 20 37 together. SECTION — 17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OC SAN 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 OC SAN in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OC SAN for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or"Termination for Convenience", provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 22 of 26 manner provided in said General Conditions. If termination for default or convenience is effected by OC SAN, 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 OC SAN'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. OC SAN 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, OC SAN 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 OC SAN of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR for faulty materials, equipment or Work. CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 23 of 26 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 OC SAN unless such assignment has had prior written approval and consent of OC SAN and the Surety. SECTION —21 RESOLUTION OF DISPUTES OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OC SAN, 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 Contractor Safety Standards. [THIS SECTION INTENTIONALLY LEFT BLANK] C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 24 of 26 SECTION —23 NOTICES Any notice required or permitted under this Contract shall be sent by certified mail, return receipt requested, at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OC SAN: 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: Garney Pacific, Inc. 324 E. 11th Street, Suite E2 Tracy, CA 95376 Copy to: Bill E. Williams, President Garney Pacific, Inc. 324 E. 11th Street, Suite E2 Tracy, CA 95376 CONFORMED C-CA-101121 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 25 of 26 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Garney Pacific, Inc. 324 E. 11 th Street, Suite E2 Tracy, CA 95376 By Date Printed Name Its CONTRACTOR's State License No. 994415 (Expiration Date — 12/31/2022) OC SAN: Orange County Sanitation District By Date John B. Withers Board Chairman By Date Kelly A. Lore Clerk of the Board By Date Ruth Zintzun Purchasing & Contracts Manager C-CA-101121 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 26 of 26 EXHIBIT A SCHEDULE OF PRICES C-EXA-062221 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-062221 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—"OC SAN's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OC SAN 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. CONFORMED C-EXA-062221 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 1 of 8 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 OC SAN 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 OC SAN, 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, OC SAN 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 OC SAN's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OC SAN in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-062221 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 2 of 8 The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN'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, OC SAN 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 et. 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 OC SAN 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 OC SAN 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 OC SAN 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 OC SAN reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-062221 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 3 of 8 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 OC SAN, 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 OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN'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, OC SAN 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 OC SAN, 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-062221 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 4 of 8 acceptance by OC SAN, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OC SAN, and agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, 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 OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN 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 OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN 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, OC SAN may make Final Payment subject to resolution of those claims. OC SAN 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 OC SAN's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; CONFORMED C-EXA-062221 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 5 of 8 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. OC SAN 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-062221 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 6 of 8 ATTACHMENT 1 — 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 OC SAN 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 OC SAN 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 OC SAN 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 CONFORMED C-EXA-062221 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 7 of 8 ATTACHMENT 2 — SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Garney Pacific, Inc.) BF-14 Schedule of Prices, Pages 1-2 C-EXA-062221 CONFORMED PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 8 of 8 Bid Submitted By: Gamey Pacific,Inc. (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work, whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OC SAN via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work, including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable 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. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-081821 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 1 of 2 Bid Submitted By: Gamey Pacific,Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Description Unit of Approx Unit Price Extended Price No. Measurement Qty 1. Mobilization: This line item shall include all fees, labor, materials, and equipment required for all mobilization activities performed by the CONTRACTOR as described in Division 01, Section 01155 and in conformance with the Contract Documents... Lump Sum = $ $83,000 All amounts included in this line item that are greater than the allowable maximum amount of$83,000 shall be paid as part of line item no. 2 2. Completion of the Work: All other portions of the Work set forth in the Contract Documents, except for the Work performed in line item no. 1 , as Lump Sum = $ 695,000.00 described in Division 01, Section 01155 and in conformance with the Contract Documents ... TOTAL AMOUNT OF BID (BASIS OF AWARD) $ 778,000.00 BF-14 SCHEDULE OF PRICES C-BF-081821 PROJECT NO. FE19-03 TRICKLING FILTER SLUDGE AND SCUM PUMPS REPLACEMENT AT PLANT NO. 1 Page 2 of 2 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-1787 Agenda Date: 2/2/2022 Agenda Item No: 3. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: VFD REPLACEMENTS AT SEAL BEACH PUMP STATION, PROJECT NO. FE19-13 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for VFD Replacements at Seal Beach Pump Station, Project No. FE19-13; B. Award a Construction Contract to Energy Management Corporation for VFD Replacements at Seal Beach Pump Station, Project No. FE19-13, for an amount not to exceed $138,650; and C. Approve a contingency of $27,730 (20%). BACKGROUND The Orange County Sanitation District (OC San) owns and operates the Seal Beach Pump Station which was built in 1972 and is near the end of its useful life. The pump station replacement is currently in design with completion scheduled for 2026. The pump station consists of eight 100- to 200-horsepower pumps. The output of the four 200- horsepower pumps can be varied using variable frequency drives (VFDs). RELEVANT STANDARDS • Achieve less than 2.1 sewer spills per 100 miles • Comply with California Public Contract Code Section 20103.8, award construction contract to lowest responsive, responsible bidder PROBLEM Two of the existing 200-horsepower pumps have VFDs that were installed in 1991 are at the end of their useful service life. Replacement parts and manufacturer support services are no longer available. These VFDs are critical for the operational capacity of the pump station and their replacement cannot wait for completion of Seal Beach Pump Station Replacement, Project No. 3-67. Orange County Sanitation District Page 1 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1787 Agenda Date: 2/2/2022 Agenda Item No: 3. PROPOSED SOLUTION Award the construction contract for VFD Replacements at Seal Beach Pump Station, Project No. FE19-13, to replace two existing 200-horsepower VFDs to maintain operation and reliability until completion of the new pump station. A higher-than-usual contingency is requested because if unforeseen problems arise during replacement of the VFDs and feeder cables, the cost could exceed the typical 10% contingency. In that case, contract completion could be significantly delayed exposing OC San to extended overhead costs by the contract. TIMING CONCERNS Replacement of aged equipment will be delayed and risk for a potential sewage spill will remain if the pumps fail or are out of service for an extended period of time. RAMIFICATIONS OF NOT TAKING ACTION Increased risk of equipment failure, reducing available pumping capacity that could lead to a spill and increase risk for the need to install an emergency bypass for several months using portable pumps and temporary piping, until VFDs are replaced. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OC San advertised for bids on August 25, 2021, and nine sealed bids were received on October 7, 2021. A summary of the bid opening follows: Engineer's Estimate $ 268,000 Bidder Amount of Bid Energy Management Corp. $ 138,650 Baker Electric $ 182,225 Ferreira Construction Co. $ 182,986 Leed Electric, Inc. $ 213,691 Inter-Pacific, Inc. $ 249,623 Mass. Electric Construction Co. $ 327,500 Houalla Enterprises, Ltd. $ 340,825 Amtek Construction $ 353,333 ACS Electrical $ 385,000 The bids were evaluated in accordance with OC San's policies and procedures. A notice was sent to all bidders on December 28, 2021 informing them of the intent of OC San to recommend award of the Construction Contract to Energy Management Corporation. Orange County Sanitation District Page 2 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1787 Agenda Date: 2/2/2022 Agenda Item No: 3. Staff recommends awarding a Construction Contract to the lowest responsive and responsible bidder, Energy Management Corporation, for a total amount not to exceed $138,650. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301. A Notice of Exemption will be filed with the OC Clerk-Recorder after OC San Board of Directors approval of the construction contract. FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San's Purchasing Ordinance. This item has been budgeted (Budget Update, Fiscal Year 2021-2022, Appendix A, Page A-8, Support Facilities - Small Construction Projects Program) and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Construction Contract TW:dm Orange County Sanitation District Page 3 of 3 Printed on 1/25/2022 powered by LegistarT" PART A CONTRACT AGREEMENT C-CA-062821 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS.................................................................1 SECTION -2 MATERIALS AND LABOR................................................................4 SECTION - 3 PROJECT ........................................................................................4 SECTION -4 PLANS AND SPECIFICATIONS.......................................................5 SECTION - 5 TIME OF COMMENCEMENT AND COMPLETION..........................5 SECTION -6 TIME IS OF THE ESSENCE ............................................................5 SECTION - 7 EXCUSABLE DELAYS.....................................................................6 SECTION -8 EXTRA WORK.................................................................................6 SECTION -9 CHANGES IN PROJECT..................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS.............................................................................................9 SECTION - 13 COMPLETION..................................................................................9 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS...........................................................................12 SECTION - 16 INSURANCE ..................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION......................................................20 SECTION - 18 TERMINATION...............................................................................21 SECTION - 19 WARRANTY...................................................................................21 SECTION - 20 ASSIGNMENT................................................................................22 SECTION - 21 RESOLUTION OF DISPUTES........................................................22 SECTION - 22 SAFETY & HEALTH.......................................................................22 SECTION - 23 NOTICES .......................................................................................23 C-CA-062821 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION THIS AGREEMENT is made and entered into, to be effective, this February 2, 2022, by and between Energy Management Corporation, hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OC SAN". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OC SAN 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 OC SAN. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions— Definitions. CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 1 of 24 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 the date for submittal 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 iii. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 2 of 24 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 OC SAN's ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 3 of 24 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 OC SAN, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OC SAN 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, OC SAN may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION — 3 PROJECT The Project is described as: PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 4 of 24 SECTION —4 PLANS AND SPECIFICATIONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION 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 OC SAN, unless otherwise specified therein and shall diligently prosecute the Work to completion within two hundred forty (240) calendar days from the date of the "Notice to Proceed" issued by OC SAN, excluding delays caused or authorized by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes five (5) calendar days determined by OC SAN likely to be inclement weather when CONTRACTOR will be unable to work. SECTION — 6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OC SAN, 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. OC SAN 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 CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 5 of 24 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, "Extension of Time 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". OC SAN'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 OC SAN specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OC SAN pursuant to the Contract Documents, OC SAN 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 OC SAN's ENGINEER. The decision of the ENGINEER shall be final. C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 6 of 24 SECTION —9 CHANGES IN PROJECT OC SAN 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 OC SAN-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". SECTION — 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OC SAN agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of One Hundred Thirty-Eight Thousand Six Hundred Fifty Dollars ($138,650) 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 CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 7 of 24 Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OC SAN shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four (4) week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work — General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OC SAN'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.). C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 8 of 24 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 OC SAN; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OC SAN since the commencement of the Work as determined by OC SAN; 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 OC SAN to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions—"Retained Funds; Substitution of Securities." SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 et 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, OC SAN shall proceed with the Final Acceptance as specified in General Conditions. CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 9 of 24 SECTION — 14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OC SAN has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OC SAN. 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, OC SAN 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 OC SAN, 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 C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 10 of 24 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. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC SAN 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. Registration; Record of Wages; Inspection: CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 11 of 24 records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). SECTION — 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OC SAN'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 OC SAN. 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 C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 12 of 24 B. A copy of a valid power of attorney is attached to the Bond. SECTION — 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OC SAN, 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 OC SAN 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 OC SAN 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. OC SAN 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 OC SAN premises/worksite without possessing the required insurance coverage. CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 13 of 24 CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OC SAN herein, the requirement(s) providing the more protective coverage for both OC SAN and the Third Parties shall control and be purchased and maintained by CONTRACTOR. 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 OC SAN, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OC SAN in connection with the planning, development and construction of the Project. In all its insurance coverages (except for Professional Liability/Errors and Omissions coverages, if applicable) related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 14 of 24 A. Limits of Insurance 1. General Liability: One Million Dollars ($1,000,000) per occurrence and a general aggregate limit of Two Million Dollars ($2,000,000) for bodily injury, personal injury and property damage. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate limit may be equivalent to the per occurrence limit. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Two Million Dollars ($2,000,000) 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. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate limit may be equivalent to the per occurrence limit. 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. CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 15 of 24 f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OC SAN 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 Five Hundred Thousand Dollars ($500,000) for bodily injury, personal injury and property damage; Or alternatively, (2) per person for bodily injury, Five Hundred Thousand Dollars ($500,000) per accident for bodily injury, and per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 16 of 24 which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a form acceptable to OC SAN. 5. 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. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to OC SAN. At the option of OC SAN, either: the Insurer shall reduce or eliminate or self-insured retentions as respects OC SAN, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC SAN 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. OC SAN, 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 OC SAN in connection with this CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 17 of 24 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 OC SAN shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10) days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase 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 OC SAN, or to have its insurance broker/agent send to OC SAN 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. C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 18 of 24 D. Acceptability of Insurers Insurers must have an "A2, 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. OC SAN recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OC SAN's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OC SAN will 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 OC SAN or its agent. E. Verification of Coverage CONTRACTOR shall furnish OC SAN 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 OC SAN before Work commences. OC SAN 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. OC SAN 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 CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 19 of 24 all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OC SAN with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25 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 OC SAN and others harmless as more specifically set forth in General Conditions, "General Indemnification". C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 20 of 24 SECTION — 18 TERMINATION This Contract may be terminated in whole or in part in writing by OC SAN in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OC SAN for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or"Termination for Convenience", provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OC SAN, 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 OC SAN'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. OC SAN 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, OC SAN 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; CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 21 of 24 or (2) one year after acceptance by OC SAN of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OC SAN 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 OC SAN unless such assignment has had prior written approval and consent of OC SAN and the Surety. SECTION —21 RESOLUTION OF DISPUTES OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OC SAN, 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 Contractor Safety Standards. C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 22 of 24 SECTION —23 NOTICES Any notice required or permitted under this Contract shall be sent by certified mail, return receipt requested, at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OC SAN: 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: Energy Management Corporation 501 West 700 South Salt Lake City, Utah 84101 Copy to: Brian Dorich, Business Development Specialist Energy Management Corporation 501 West 700 South Salt Lake City, Utah 84101 CONFORMED C-CA-062821 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 23 of 24 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Energy Management Corporation 501 West 700 South Salt Lake City, Utah 84101 By Date Printed Name Its CONTRACTOR's State License No. 1072558 (Expiration Date — 6/30/2022) OC SAN: Orange County Sanitation District By Date Brooke Jones Operations Committee Chairman By Date Kelly A. Lore Clerk of the Board By Date Ruth Zintzun Purchasing & Contracts Manager C-CA-062821 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 24 of 24 EXHIBIT A SCHEDULE OF PRICES C-EXA-062221 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....6 ATTACHMENT 1 - CERTIFICATION FOR REQUEST FOR PAYMENT.........................7 ATTACHMENT 2 - SCHEDULE OF PRICES..................................................................8 C-EXA-062221 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—"OC SAN's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OC SAN 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. CONFORMED C-EXA-062221 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 1 of 8 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 OC SAN 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 OC SAN, 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, OC SAN 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 OC SAN's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OC SAN in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-062221 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 2 of 8 The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN'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, OC SAN 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 et. 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 OC SAN 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 OC SAN 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 OC SAN 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 OC SAN reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-062221 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 3 of 8 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 OC SAN, 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 OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN'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, OC SAN 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 OC SAN, the CONTRACTOR C-EXA-062221 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 4 of 8 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 acceptance by OC SAN, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OC SAN, and agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, 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 OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN 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 OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN 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, OC SAN may make Final Payment subject to resolution of those claims. OC SAN 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. CONFORMED C-EXA-062221 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 5 of 8 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OC SAN's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; 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. OC SAN 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-062221 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 6 of 8 ATTACHMENT 1 — 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 OC SAN 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 OC SAN 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 OC SAN 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 CONFORMED C-EXA-062221 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 7 of 8 ATTACHMENT 2 — SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Energy Management Corporation) BF-14 Schedule of Prices, Pages 1-2 C-EXA-062221 CONFORMED PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 8 of 8 Bid Submitted By: Energy Management Corporation (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work, whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OC SAN via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work, including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable 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. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-072621 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 1 of 8 Bid Submitted By: Energy Management Corporation (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Description Unit of Measurement Extended Price No. 1. Mobilization: The amount for this Bid Item shall not exceed $30,000 of the Total Amount of Bid and shall be in conformance with the Contract Documents. All amounts included in this Lump Sum $30,000 Bid Item greater than the allowable maximum payment of $30,000 of the Total Amount of Bid shall be paid under the Bid Item#2. 2. All other portions of the Work set forth in the Contract Documents except for the Work performed in Bid Item 1: Work under this item shall include all labor, equipment, materials, and services necessary for all other Work not specified in Bid Item 1. Lump Sum $ 108,650.00 TOTAL AMOUNT OF BID (BASIS OF AWARD) $ 138,650.00 BF-14 SCHEDULE OF PRICES C-BF-072621 PROJECT NO. FE19-13 VFD REPLACEMENTS AT SEAL BEACH PUMP STATION Page 2 of 2 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-1833 Agenda Date: 2/2/2022 Agenda Item No: 4. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-133 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Construction Services Agreement with Carollo Engineers, Inc. to provide construction support services for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133, for an amount not to exceed $530,000; and B. Approve a contingency of 53,000 (10%) BACKGROUND This project will replace three primary sludge pumps, replace failing concrete launders, address water accumulation in a below-grade foul air pipe, provide fire alarm-related flow sensors for a ventilation system, and add lighting at each of the primary sludge pumps. Carollo Engineers, Inc. was selected as part of a competitive, qualifications-based solicitation process to design Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133. At the time of the solicitation, the Orange County Sanitation District (OC San) documented its intent to award a subsequent agreement to the design consultant for continuation of engineering services during construction. RELEVANT STANDARDS • Comply with California Government Code Section 4526 to engage the best qualified firm "on the basis of demonstrated competence and qualifications" and "negotiate fair and reasonable fees" • Ensure the public's money is wisely spent PROBLEM This project requires the design consultant to provide as-needed services during construction including submittal review, responding to the Contractor's requests for information, reviewing Orange County Sanitation District Page 1 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1833 Agenda Date: 2/2/2022 Agenda Item No: 4. construction change orders, participating in meetings, attending site visits, preparation of standard operating procedures, providing startup assistance, and preparing record drawings. PROPOSED SOLUTION Approve a Professional Construction Services Agreement with the design consultant, Carollo Engineers, Inc., to provide engineering support services during construction. TIMING CONCERNS Engineering support services will be required at the start of construction. Construction is anticipated to start in March 2022. RAMIFICATIONS OF NOT TAKING ACTION The engineering support services needed to facilitate and review construction activities would not be available by the Engineer of Record, which may negatively impact the contract execution. PRIOR COMMITTEE/BOARD ACTIONS December 2019 - Approved Amended Professional Design Services Agreement with Carollo Engineers, Inc. to provide engineering services for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133, for an amount not to exceed $1,219,667; and approved a contingency of $121,967 (10%). November 2019 - Approved a Professional Design Services Agreement with Carollo Engineers, Inc. to provide engineering services for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133, for an amount not to exceed $1,219,667; and approved a contingency of $121,967 (10%). ADDITIONAL INFORMATION Carollo Engineers, Inc. has successfully furnished engineering services for the design of this project and their support services during construction will provide continuity through the completion of the project. Staff negotiated with Carollo Engineers, Inc. for these support services in accordance with OC San's adopted policies and procedures. A review of the proposed price was conducted using estimated quantities of requests for information, submittals, meetings, site visits, change order review, and design revisions, as well as the level of effort for preparing record drawings. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301. A Notice of Exemption has been filed with the OC Clerk- Recorder. Orange County Sanitation District Page 2 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1833 Agenda Date: 2/2/2022 Agenda Item No: 4. FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San's Purchasing Ordinance. This item has been budgeted (Budget Update, Fiscal Year 2021-2022, Appendix A, Page A-9, Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133) and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Draft Professional Construction Services Agreement VP:dm Orange County Sanitation District Page 3 of 3 Printed on 1/25/2022 powered by LegistarT" PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT This PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT, (hereinafter referred to as "Agreement"), is made and entered into to be effective the 23rd day of February, 2022 by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC SAN"), and CAROLLO ENGINEERS, INC., (hereinafter referred to as "CONSULTANT"). WITNESSETH: WHEREAS, OC SAN desires to engage CONSULTANT to provide construction support services for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133 (Construction Support Services); and WHEREAS, CONSULTANT is qualified to provide the necessary services for the Construction Support Services in connection with these requirements; and WHEREAS, OC SAN has adopted procedures in accordance with OC SAN's Ordinance No. OC SAN-56, Section 4.03(B), for the continuation of services and has proceeded in accordance with said procedures to perform the Construction Support Services; and WHEREAS, at its regular meeting on February 23, 2022 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to OC SAN's Ordinance No. OC SAN-56 to approve this Agreement. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its subconsultants (Subconsultants). Where approval by OC SAN is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall perform all Work to the industry standards for clarity, uniformity, and completeness. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 1 of 20 C. In the event that work is not performed to the satisfaction of OC SAN 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. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using OC SAN standard software. Conversion of CADD work from any other non-standard CADD format to OC SAN format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of thirty (30) calendar days during which OC SAN shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to OC SAN. 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 OC SAN, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of OC SAN. 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 OC SAN, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for the Construction Support Services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Five Hundred Thirty Thousand Dollars ($530,000). 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, OC SAN shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of OC SAN, CONSULTANT shall provide OC SAN with certified payroll records of all employees' work that is charged to this project. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 2 of 20 C. Overhead As a portion of the total compensation to be paid to CONSULTANT, OC SAN 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, OC SAN 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 and as specified in the Scope of Work. OC SAN 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 OC SAN 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. OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN 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. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 3 of 20 G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications to the Scope of Work resulting from field investigations and field work required by the Agreement. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to attachment "D" Allowable Direct Costs for payment information. H. Reimbursable Direct Costs OC SAN will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment "D" - Allowable Direct Costs to this Agreement. The reimbursement of the above- mentioned expenses will be based on an "accountable plan" as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a "per diem" component approved by IRS. The most recent schedule of the per diem rates utilized by OC SAN can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#. The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. OC SAN shall apply the most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or"per diem" as deemed the most practical. CONSULTANT shall be responsible for returning to OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements —Any travel involving airfare, overnight stays or multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging — Overnight stays will not be approved by OC SAN for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN based on reasonableness of meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of OC SAN. Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 4 of 20 Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment "D" - Allowable Direct Costs of this Agreement. I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT's Proposal will exceed the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify OC SAN immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of OC SAN's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's invoice and monthly progress report. Failure to notify OC SAN that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 3. REALLOCATION OF TOTAL COMPENSATION OC SAN, 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 OC SAN. 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 OC SAN. Upon approval of such payment request by OC SAN, 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 OC SAN determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 5 of 20 i. The amount considered by OC SAN's Director of Engineering to be adequate for the protection of OC SAN; or ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which ensures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event OC SAN'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, OC SAN 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 OC SAN, 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 OC SAN a release of all claims against OC SAN 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 OC SAN for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of OC SAN 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 OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 6 of 20 5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees and/or Subconsultants who will perform work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a) (3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP — SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Construction Support 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 Construction Support Services, shall be the property of OC SAN. OC SAN'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. OC SAN 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 Construction Support 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. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 7 of 20 B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. C. OC SAN shall furnish the CONSULTANT available studies, reports and other data pertinent to the CONSULTANT's services; obtain or authorize the CONSULTANT to obtain or provide additional reports and data as required; furnish to the CONSULTANT services of others required for the performance of the CONSULTANT's services hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information and services provided by OC SAN or others in performing the CONSULTANT's services under this Agreement. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to OC SAN. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best's Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Workers' Compensation Insurance subject to OC SAN's option to require a change in insurer in the event the State Fund financial rating is decreased below "B". Further, OC SAN 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 OC SAN or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, commercial general liability insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. 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 PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 8 of 20 accepted in lieu of the actual additional insured endorsement(s). If requested by OC SAN and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the general liability policy and coverage must be reflected on the submitted certificate of insurance. Where permitted by law, CONSULTANT 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 OC SAN, its or their officers, agents, or employees, and any other consultant, contractor, or subcontractor performing work or rendering services on behalf of OC SAN in connection with the planning, development, and construction of the project. In all its insurance coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant, contractor, or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c)whether or not such individual or entity has an insurable interest in the property damaged. C. Umbrella Excess Liability The minimum limits of general liability and automobile 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 automobile liability. D. Automobile/Vehicle Liability Insurance The CONSULTANT 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 limit of liability coverage: combined single limit of One Million Dollars ($1,000,000). A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Drone Liability Insurance If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to OC SAN. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 9 of 20 F. Workers' Compensation Insurance The CONSULTANT shall provide such workers' compensation insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including employer's liability insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such workers' compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. G. 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 Five Million Dollars ($5,000,000) with limits in accordance with the provisions of this paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to OC SAN a certificate of insurance in a form acceptable to OC SAN 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. H. Proof of Coverage The CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 10 of 20 endorsements are to be received and approved by OC SAN before work commences. OC SAN reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form or other equivalent certificate of insurance form • Additional Insurance The combination of(ISO Forms) (General Liability) CG 20 10 and CG 20 37 All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN. • Additional Insured Submit endorsement provided by carrier for (Automobile Liability) OC SAN approval. • Waiver of Subrogation Submit workers' compensation waiver of subrogation endorsement provided by carrier for OC SAN approval. • Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice, below. I. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance cancellation notice it receives or other knowledge of pending or actual insurance policy cancellation, within two (2)working days of receipt of such notice or acquisition of such knowledge. Additionally, the CONSULTANT is required to notify OC SAN in writing of any change in the terms of insurance, including reduction in coverage or increase in deductible/SIR, within two (2) working days of receipt of such notice or knowledge of same. Said notices shall be mailed to OC SAN at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 11 of 20 J. Primary Insurance The general and automobile liability policies shall contain a "Primary and Non- Contributory" clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured The general and automobile liability policies shall contain a "Separation of Insureds" clause. L. 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. M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to OC SAN on the certificate of insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration and defense expenses. N. Defense Costs The general and automobile 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. O. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. P. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 12 of 20 8. SCOPE CHANGES In the event of a change in the Scope of Work, requested by OC SAN, 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 OC SAN, 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 OC SAN. 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. OC SAN 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 OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include OC SAN's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. OC SAN retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that OC SAN 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 OC SAN's policy. The CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15 PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 13 of 20 days after receipt of notice from OC SAN. Upon OC SAN's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist OC SAN'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 OC SAN. 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 OC SAN at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Diane Marzano, Senior Contracts Administrator Copy: Victoria Pilko, Project Manager Notices shall be mailed to CONSULTANT at: CAROLLO ENGINEERS, INC. 3150 Bristol Street, Suite 500 Costa Mesa, CA 92626 Attention: Rajesh Doppalapudi All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN's staff must be approved in writing by OC SAN's Project Manager prior to action from the CONSULTANT. 14. TERMINATION OC SAN 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 OC SAN and/or CONSULTANT in accordance with Section 13 - NOTICES. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 14 of 20 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN 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 OC SAN. 16. COMPLIANCE A. Labor 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. B. Air Pollution CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations. C. Iran Contracting Act CONSULTANT and its subconsultants and subcontractors shall comply with the Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208). 17. AGREEMENT EXECUTION AUTHORIZATION Both OC SAN 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. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 15 of 20 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, OC SAN informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by OC SAN, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by OC SAN, which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN's officers, directors, employees, consultants, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses including without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and OC SAN's general and administrative expenses (individually, a "Claim", or collectively, "Claims") which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from: (A) the sole or active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, consultant, subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 16 of 20 CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then OC SAN 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 OC SAN. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by OC SAN and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 17 of 20 26. CLOSEOUT When OC SAN determines that all work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, OC SAN 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, OC SAN shall commence a closeout audit of the Agreement and will either: i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT's cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by OC SAN. 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 OC SAN (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 OC SAN 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 OC SAN for any purpose nor imply acceptance of, or agreement with, the CONSULTANT's request for final Agreement Acceptance. 27. COST ESTIMATES The CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the construction contractor's methods of determining prices, or other competitive bidding or market conditions, practices or bidding strategies. CONSULTANT shall use best engineering practices along with experience and judgment, utilizing current local costs of labor, materials, equipment or services to prepare cost estimates. CONSULTANT cannot and does not guarantee that proposals, bids, actual Project construction, operation and/or lifecycle costs will not vary from cost estimates prepared by CONSULTANT. PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 18 of 20 28. THIRD PARTIES This Agreement is entered into by and for OC SAN and the CONSULTANT, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. 29. 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. [THIS SECTION INTENTIONALLY LEFT BLANK] PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 19 of 20 IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN and CONSULTANT by their respective duly authorized officers as of the day and year first written above. CONSULTANT: CAROLLO ENGINEERS, INC. By Date Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By John B. Withers Date Board Chairman By Kelly A. Lore Date Clerk of the Board By Ruth Zintzun Date Purchasing & Contracts Manager Attachments: Attachment "A" — Scope of Work 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"— Cost Matrix and Summary Attachment "J" — Not Used Attachment "K" — Not Used Attachment "L" — Contractor Safety Standards Attachment "M"— Not Used DM:ms PCSA PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Revised 110221 Page 20 of 20 ATTACHMENT "A" SCOPE OF WORK PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-133 PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT REQUEST FOR PROPOSAL ATTACHMENT A — SCOPE OF WORK SCOPE OF WORK Project No. P1-133 Page 1 of 13 TABLE OF CONTENTS I. SUMMARY.......................................................................................................................... 3 II. PROJECT SCHEDULE....................................................................................................... 3 III. PROJECT IMPLEMENTATION........................................................................................... 3 PHASE 4—CONSTRUCTION AND INSTALLATION SERVICES ............................................ 3 Task 4.1 — Project Management............................................................................................... 4 Task 4.2 — Initial Project Meetings............................................................................................ 5 Task4.3 — Submittal Reviews................................................................................................... 7 Task 4.4 — Request for Information (RFIs)................................................................................ 8 Task 4.5 — Contract Document Modifications, Design "ranges, and C"iange Orders............... 8 Task 4.6 — Construction Progress Meetings and Site Visits. ................................................... 9 Task 4.7 — Contractor's Baseline Schedule Review.................................................................. 9 Task4.8 — Specialty Services................................................................................................... 9 PHASE 5—COMMISSIONING SERVICES............................................................................... 9 Task 5.1 — Commissioning Team Meetings .............................................................................. 9 Task5.2 — EID............................. ................................................................................. 9 Task 5.3 — Commissioning Support.........................................................................................10 Task 5.4 — Operations Manual and Procedures (OmaP)..........................................................10 Task 5.5 — Standard Operating Procedures (SOPs) ................................................................11 PHASE 6—CLOSEOUT....................... .................................................................................11 Task 6.1 — Final Inspection and Punch Lists............................................................................11 Task6.2 — Record Drawings....................................................................................................11 Task 6.3 — Project Management..............................................................................................12 IV. STAFF ASSISTANCE........................................................................................................12 V. QUANTITATIVE ASSUMPTIONS......................................................................................12 SCOPE OF WORK Project No. P1-133 Page 2 of 13 I. SUMMARY Provide construction engineering support services for the construction and installation, commissioning, and closeout, for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133. II. PROJECT SCHEDULE The schedule for the services specified in this Scope of Work (SOW) shall be provided per the construction contract schedule, and the following schedule constraints: Task(s) Period of Performance Submittals As described under Task 4.3 titled "Submittals" Requests for Information As described under Task 4.4 titled "Requests for Information (RFIs)" Record Drawings Draft Record Drawings shall be submitted to OC San within 90 Calendar days of receipt from OC San of the accepted Contractor's As- Built Drawings. The Final Record Drawings shall be submitted within 30 Calendar days of receipt of OC San's comments on the Draft Record Drawings. See also Task 6.2 requirements. III. PROJECT IMPLEMENTATION All Orange County Sanitation District (OC San) projects are divided into six phases. CONSULTANT shall provide engineering support services for Phase 4 Construction and Installation Services, Phase 5 Commissioning, and Phase 6 Closeout. Phase 1 — Project Development— Completed Phase 2 — Preliminary Design — Completed Phase 3 — Final Design — Completed Phase 4—Construction and Installation Services Phase 5—Commissioning Services Phase 6—Closeout PHASE 1 — PROJECT DEVELOPMENT— completed PHASE 2 — PRELIMINARY DESIGN —completed PHASE 3 - FINAL DESIGN —completed PHASE 4—CONSTRUCTION AND INSTALLATION SERVICES OC San will administer and provide field inspection for construction contracts. Construction and installation support services shall be provided by the CONSULTANT as requested by OC SCOPE OF WORK Project No. P1-133 Page 3 of 13 San CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01 for detailed requirements. CONSULTANT shall provide the key management personnel as described in their proposal on this project. CONSULTANT shall not reassign the key project personnel without prior approval of OC San. OC San may request reassignment of any of the CONSULTANT's or their subconsultant's personnel, based on that individual's performance. For all services, CONSULTANT shall refer to Engineering Design Guidelines, Chapter 01 for detailed requirements. Quality Assurance/Quality Control (QA/QC): CONSULTANT shall administer a program of QA/QC procedures for producing quality work and shall effectively manage and control the work. Specific procedures shall include but not be limited to planning, coordination, tracking, checking, reviewing, and scheduling the work. CONSULTANT shall subject all work products prepared by the CONSULTANT to the CONSULTANT's in-house QA/QC procedures prior to submittal to OC San. QA/QC hours and costs shall be incorporated into other tasks within this SOW. Task 4.1 — Project Management CONSULTANT shall be responsible for detailed management of the project, including managing its subconsultants, and shall keep OC San apprised of the status of the project. CONSULTANT shall not reassign the key personnel without prior acceptance by OC San. OC San may request reassignment of any of the CONSULTANT's personnel, based on that individual's poor performance. CONSULTANT shall conduct monthly project management meetings with OC San's Project Manager. These meetings shall be attended by OC San's Project Manager and CONSULTANT's Project Manager at a mutually agreeable time. The purpose of the meetings shall be to review the CONSULTANT Project Manager's progress report and the status of the project scope, budget, and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted shortly prior to or at each meeting. CONSULTANT shall prepare and submit monthly invoices to OC San no later than the second Wednesday of the following month. The invoices shall document the man-hours and billing rate for each person that works on the project for each task in the Work Breakdown Structure (WBS). Overhead, profit, and any direct costs shall also be shown for each task. As part of the summary section of the invoice, CONSULTANT shall also include the following information: • Budget • Current billing period invoicing • Previous billing period "total invoiced to date" • Budget amount remaining • Current billing period "total percent invoice to date" • Current billing period "total percent completed to date" The monthly progress report and project schedule shall be submitted with the project invoice as part of the monthly request for payment. CONSULTANT shall also provide the percent budget spent for each of OC San's WBS cost codes (i.e. by work package and phase). OC San shall provide a list of cost codes by phase to the CONSULTANT. SCOPE OF WORK Project No. P1-133 Page 4 of 13 CONSULTANT shall also provide a summary of progress and expenditures to date. OC San will provide a sample invoice structure to CONSULTANT at the beginning of the project. 4.1.1 — PMWeb Procedures This Agreement shall utilize PMWeb as the Project Control Management System (PCMS)for overall management of the Agreement. All PCMS related documents requiring formal signatures shall be digital, and all copies digitally distributed. The PCMS conforms to the requirements set forth in California Government Code section 16.5 regarding digital signatures; therefore, digital signatures are in full force and effect and are legally the same as a hand- written signature. At least one PCMS account shall have the authority to approve Amendments. OC SAN shall maintain the PCMS and serve as the administrator for the duration of this Agreement. OC SAN will provide the CONSULTANT with user access for approved personnel as needed for the duration of the Agreement. OC SAN shall control access to the PCMS by assigning user profiles and login credentials. Notify OC San of any changes to personnel. Access modifications shall be coordinated as needed throughout the Agreement. Do not to share PCMS account passwords with anyone inside or outside of the company. Routine maintenance of the PCMS system may be required during the Agreement. Access to the PCMS system may be restricted or unavailable at these times and will be scheduled outside of typical working hours whenever possible. The PCMS is a web-based environment and is therefore subject to the inherent speed and connectivity problems of the Internet. The CONSULTANT is responsible for its own connectivity to the Internet. PCMS response time is dependent on the CONSULTANT's equipment, including processor speed, Internet access speed, Internet traffic, etc. OC SAN will not be liable for any delays associated with the utilization of the PCMS including, but not limited to: slow response time, down time periods, connectivity problems, or loss of information. The OC SAN will provide a one-time free training session of up to two (2) hours to train CONSULTANT's designated staff on general system requirements, procedures, and methods. Automated system notifications generated via PCMS (e.g. in-system notices, system generated email, or email with attachment) shall constitute a formal written notification in compliance with the Professional Construction Service Agreement (PCSA). Task 4.2— Initial Project Meetings 4.2.1 - Construction Hand-Off Workshop The purpose of the workshop is for OC San design team to transfer project-specific knowledge to the OC San construction management and inspection staff who will be managing and monitoring construction. Topics that might be covered in this meeting include the following: • Overview of objective of the project • Review of project elements • Review of sequencing constraints SCOPE OF WORK Project No. P1-133 Page 5 of 13 • Key issues to be addressed during construction • Identification of risks and discussions of contingency plans The Construction Hand-Off Workshop is not included in CONSULTANT's scope of work. 4.2.2 - PMWeb Procedures Meeting The project will utilize PMWeb as the web-based Project Control Management System (PCMS). The PCMS shall be utilized for Project communication, tracking, and management. PCMS utilization is to facilitate the electronic exchange of information, the automation of key processes, and the overall management of the contract. When required by OC San, paper documents shall also be provided. In the event of discrepancy between the electronic version and paper documents, the electronic documents within PCMS shall govern. CONSULTANT shall participate in a one-hour PMWeb procedure virtual meeting. The training will be provided by OC San's staff. The purpose of this meeting is to review the roles and logistics for review, approval, and provision of various construction related documents. CONSULTANT's Project Manager, Project Engineer, Project Assistant, and two other discipline leads shall participate in the virtual meeting. 4.2.3 - Submittal Review Procedures CONSULTANT shall participate in a one-hour Virtual Submittal Procedure Meeting. The purpose of this meeting is to review the roles and logistics for review and approval of the Contractor submittals. CONSULTANT's Project Manager and Project Engineer and document control staff who will be handling submittals shall participate in this meeting. 4.2.4 - Preconstruction Conference CONSULTANT shall participate in a one-hour Preconstruction Conference attended virtually by OC San staff, CONSULTANT, the Contractor, subcontractors, and vendors. This meeting will be scheduled and presided over by OC San. In this meeting, OC San's Resident Engineer will describe CONSULTANT's role in the project as the Design Engineer and the services CONSULTANT shall provide during construction. OC San will prepare meeting minutes and CONSULTANT shall review and comment on the minutes. CONSULTANT'S Project Manager and Project Engineer shall participate in this meeting. 4.2.5 -Submittal Meetings CONSULTANT shall attend virtual pre-submittal meetings as requested by OC San. Potential pre-submittal meetings include: • 01810, Commissioning • 113121 Progressing Cavity Pumps 11341 In-Line Sludge Grinders 17405, Process Instrumentation and Control OC San will prepare the agenda and meeting minutes and the CONSULTANT shall review and comment on the minutes for meetings attended. In addition, CONSULTANT shall attend submittal review workshops for specification sections as requested by OC San. The purpose of these workshops is to discuss issues associated with SCOPE OF WORK Project No. P1-133 Page 6 of 13 a shop drawing submittal either immediately after the submittal is received, and/or after the submittal has been reviewed by all parties. These meetings shall be virtual. OC San will prepare the agenda and meeting minutes and the CONSULTANT shall review and comment on the minutes for meetings attended. The following table lists potential specification section submittal review workshops. A total of 30 hours allowance is included in the budget for pre-submittal meetings and submittal review workshops. Spec Section Upon Submittal Upon Submittal Receipt Review 01810 Commissioning (see Task 5.1) (see Task 5.1) 113121 Progressing Cavity Pumps X 11341 In-Line Sludge Grinders X 15061 Pipe Supports X 16220 Electric Motors X 16430 Low Voltage Switchgear X 16418 Variable Frequency Drives Below X 100 HP 16480 Low-Voltage Motor Control Center X 17010 Commissioning—Attachment A X 17010 Instrumentation and Controls X General Provisions 17405 Control Panels X Task 4.3— Submittal Reviews OC San will receive and log-in all submittals from the Contractor. OC San will forward copies of selected shop drawing and submittals requiring CONSULTANT review. CONSULTANT shall review the shop drawings and submittals for conformance with the requirements of the Contract Documents and return the submittal review comments to OC San within 10 calendar days after receipt of submittal. CONSULTANT review time will begin on the next calendar day after CONSULTANT receives it. CONSULTANT shall return comments to OC San allowing sufficient time for OC San to incorporate all comments into a combined review comment set that OC San will return to the Contractor. CONSULTANT shall accommodate occasional expedited reviews for time sensitive submittals. Submittals shall include but not be limited to shop drawings, vendor tests, certifications, and test reports. All submittals will be made available only electronically (PDF) through PMWeb. The itemization of anticipated submittals is not required. SCOPE OF WORK Project No. P1-133 Page 7 of 13 A total of 600 hours allowance is included in the budget for submittal reviews. Task 4.4— Request for Information (RFIs) OC San will log in and forward to CONSULTANT certain RFIs generated by the Contractor or OC San. CONSULTANT shall return written responses to OC San as soon as possible or within six calendar days of receipt of RFI, clarifying the requirements of the contract documents. CONSULTANT review time will begin on the next calendar day after CONSULTANT receives it. When required to avoid schedule delay or additional construction- related costs, CONSULTANT shall expedite the review of time sensitive RFIs. CONSULTANT shall generate necessary sketches, figures, and modifications to the drawings for clarifications. If any changes to the contract drawings are required, the CONSULTANT shall prepare these drawings and submit them as AutoCAD files or in PDF format as per direction from OC San. The CONSULTANT shall update all AutoCAD drawings and specifications upon OC San acceptance of any changes resulting from RFIs and change orders. Refer to Task 6.2 — Record Drawings for details. All RFIs will be made available electronically (PDF) through PMWeb. See Section V - "Quantitative Assumptions" in this SOW for the assumed level of effort for for RFIs. A total of 450 hours allowance is included in the budget for RFIs. Task 4.5— Contract Document Modifications, Design Changes, and Change Orders If the Contract Documents require modifications due to changed conditions, OC San requested changes, omissions, or design errors; CONSULTANT shall prepare preliminary change order documents and forward them to OC San, as needed. OC San shall review the proposed change and request CONSULTANT to incorporate any changes. OC San 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 OC San. 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 in mark-up form (Auto-CAD not required until Record drawings are developed). 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. Up-to-date Contract Documents will be submitted once at the end of construction as described in Task 6.2 — Record Drawings. CONSULTANT shall submit complete change documentation to OC San for use in RFIs, RFPs, and FCOs. This change documentation shall include plan drawings, schematics, details, schedules, and specifications, as required in mark-up form. CONSULTANT shall prepare cost estimates for the changes when requested by OC San. See "Quantitative Assumptions" in this SOW for the estimated number of hours. SCOPE OF WORK Project No. P1-133 Page 8 of 13 Task 4.6— Construction Progress Meetings and Site Visits CONSULTANT shall attend construction progress meetings as requested by OC San. The scope includes time for meeting preparation, travel time, follow-up, and review of meeting minutes. Progress meeting minutes shall be prepared by OC San. CONSULTANT shall be available by phone for a one-hour virtual construction biweekly progress meetings. CONSULTANT shall make field visits to assist in field problem resolution and design clarification/verification to help resolve construction issues as they arise and as requested by OC San. CONSULTANT shall report the nature of the field site visits, the problem resolved, and identify staff requesting the site visit in CONSULTANT's monthly project report. OC San will provide project inspection, except as required in other sections of this scope. See "Quantitative Assumptions" in this SOW for for the estimated number of hours. A total of 48 hours allowance is included in the budget for construction progress meetings and A total of 50 hours allowance is included in the budget for site visits. Task 4.7— Contractor's Baseline Schedule Review OC San will review the Contractor's baseline construction schedule and monthly updates for compliance with the specified schedule submittal requirements. Review of the baseline schedule or monthly schedule updates is not included in the CONSULTANT's scope of work. Task 4.8— Specialty Services 4.8.1 — Structural Engineering Services CONSULTANT shall have the structural engineer of record conduct field visits and provide expert opinion in review of observation of the structural work associated with the construction progress as directed by OC San. California building code required the Structural Engineer of record to perform some structural inspections during construction. See "Quantitative Assumptions" in this SOW for the estimated number of hours. PHASE 5—COMMISSIONING SERVICES Task 5.1 — Commissioning Team Meetings The CONSULTANT shall attend Commissioning Team meetings at OC San's request. The scope includes time for meeting preparation, follow-up, and review of meeting minutes. Commissioning team meeting minutes shall be prepared by OC San. The CONSULTANT will review and comment on OC San prepared meeting minutes. A total of 36 hours allowance is included in the budget for commissioning team meetings. Task 5.2 — EID The CONSULTANT shall review electronic copies of the EID updated by the Contractor. CONSULTANT shall update and verify the fields in the EID required to be filled out by the Consultant in accordance to Specification Section 01788. The EID shall be completed and submitted to OC San as equipment is taken over for beneficial occupancy. SCOPE OF WORK Project No. P1-133 Page 9 of 13 See "Quantitative Assumptions" in this SOW for the estimated number of hours. Task 5.3 — Commissioning Support CONSULTANT's operations staff members shall provide process assistance to OC San's operations staff during the startup of the pumps, grinders, sump pumps, etc. The Commissioning Operator Staff is available to help troubleshooting during commissioning, during RAT and to prepare OMAPs. The CONSULTANT services shall consist of a series of on-site visits to participate in the development of stable process/systems. CONSULTANT shall witness the FAT and RAT and document any deviations from the prepared procedures, failures and anomalies during the testing, and report any activities negatively impacting the operation of the treatment facilities to OC San. CONSULTANT shall assist the OC San with Performance Acceptance Testing (PAT) to confirm that the new facilities, modifications, and upgrades constructed and installed meet the project's process and performance design expectations. See "Quantitative Assumptions" in this SOW for the estimated number of hours. Task 5.4— Operations Manual and Procedures (OmaP) OC San maintains an on-line 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 treatment plant operations staff, the OMaP is similarly a procedure manual for operating OC San's treatment plants. Plant operations staff does not perform maintenance work and so treatment plant maintenance procedures are not included in the OMaP. Maintenance procedures are included in the Equipment Service Manuals prepared by the Contractor. CONSULTANT shall review and update the existing Plant No. 1 Primary Treatment OMaP which describes the functionality of the system based on the control strategies, system and device features, and drawings. Specific requirements and standards for OMaP are addressed in Exhibit A. All features of the system shall be described for normal equipment operation, fail- over equipment operation, and emergency equipment operation. The OMaP files for the Plant No. 1 are located on OneDrive location and should be used as the template for the organization and contents for this project. Following commissioning, the CONSULTANT shall address, resolve, and/or incorporate any comments, additions, or change to the OMaP discovered during commissioning requiring revision and then resubmit for review and approval by OC San. A draft OMaP shall be submitted prior to FAT and the final immediately after beneficial occupancy of each facility (unless noted below). Allow for one additional revision. A total of 150 hours allowance is included in the budget for OmaP. - Existing OmaP to be updated by CONSULTANT are in latest OC San format. - CONSULTANT shall only update portion of existing OmaP associated with P1-133 work. Other surrounding areas not modified by P1-133 will not be updated. - No OmaP is required for work at Primary Influent Splitter Box (PISB). SCOPE OF WORK Project No. P1-133 Page 10 of 13 - At DSS1, OmaP update will only include updated characteristics of new VFDs. For PC 17-31 West Sludge Pumping system, OmaP will be submitted for entire system. The Final will be submitted after commissioning of the third pump. Task 5.5— Standard Operating Procedures (SOPs) CONSULTANT shall develop Standard Operating Procedures (SOPs) for process units and upgraded system conditions provided in Exhibit A. CONSULTANT shall present the finalized SOPs to OC San Operation and Maintenance staff prior to RATs. During the RAT process, SOPs might be modified based on comments from OC San. A draft SOPs shall be submitted prior to ORT and the final immediately after beneficial occupancy of each facility. Allow for one additional revision. CONSULTANT deliverables will be MS Word files, and OC San will configure SharePoint where the Word files and Vendor Manuals are managed. OC San will provide Consultant with access (user permissions) to insert hyperlinks to vendor manuals in SharePoint. A total of 120 hours allowance is included in the budget for SOPs. PHASE 6—CLOSEOUT Closeout tasks include completion of punch list work by the Contractor, final inspection, completion of record drawings, and electronic data. CONSULTANT shall submit a final invoice at the completion of the project. Task 6.1 — Final Inspection and Punch Lists The final inspection job walk and recommendations on the completion of the work including, but not limited to, completion of punch list items, site cleanup, leakage, and overall system operations is not included in CONSULTANT's scope of work. Task 6.2 — Record Drawings At the time that OC San take beneficial of occupancy of each facility, CONSULTANT shall provide CAD as-built drawings of Single-Line and PI&D based on mark ups provided by OC San and Consultant's records. After Final Completion of the project, OC San will transmit to the CONSULTANT the final as- built drawings. After Final Completion of the project, CONSULTANT shall prepare Draft Record Drawings based on the final as-built drawings for all drawings in accordance with the requirements in the CAD Manual. CONSULTANT shall submit the Draft Record Drawings to the OC San Resident Engineer. Periodic submittal of up-to-date drafted record drawings is not required. The Draft Record Drawings will be reviewed for content and CAD compliance by OC San 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 Resident Engineer for review of the changes and acceptance of the Record Drawings. SCOPE OF WORK Project No. P1-133 Page 11 of 13 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: "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 corner of the border and may be included via x-ref. If importing the stamp via x-ref interferes with content in the bottom right hand corner, the stamp may also be placed in other open space along the bottom of the border. In addition, a note shall be placed over the engineer's seal stating that "This drawing was originally approved for construction by [name of engineer] on [date] and sealed by [name of engineer] a licensed professional engineer in the State of California No. [License number] ". CONSULTANT shall submit an electronic copy of the record drawings to OC San for review and approval. The acceptance of the record drawings shall be deemed a condition for completion of work. Contractor-generated drawings described in the Design Guidelines and the shop drawings will not be updated by CONSULTANT. The format and quantities for delivery of the submittals shall be listed below: Contents Draft Record Drawings Final Record Drawings Hard Copy Sets 2 sets of bound 11x17 prints None All related electronic files, Transmit electronically via Transmit electronically via including CAD and compiled OneDrive OneDrive PDFs A total of 500 hours allowance is included in the budget for record drawings. Task 6.3 — Project Management CONSULTANT shall also include project management support man-hours related to closeout activities per requirements stated in Phase 4, Project Management Task. IV. STAFF ASSISTANCE OC San staff member or designee assigned to work with CONSULTANT on the construction phase of this project is Victoria Pilko at (714) 593-7189, e-mail to: vpilko@ocsan.gov. V. QUANTITATIVE ASSUMPTIONS The assumptions listed in the following table below (up to the assumed number of hours) shall be the basis for the level of effort. SCOPE OF WORK Project No. P1-133 Page 12 of 13 Task Description Assumption 4.1 Project Management 24 months duration from construction NTP to construction completion 4.2.5 Submittal Meetings 30 hours 4.3 Submittals 600 hours 4.4 Requests for Information 450 hours 4.4 Address Weekly Issues 0 hours' 4.5 Design Changes 120 man-hours 4.5 Cost Estimating for Design 40 man-hours Changes 4.6 Construction Progress 48 hours Meetings 4.6 Site Visits (not including 50 hours meetings specified in Task 4.2) 4.7 Contractor Schedule Review 0 hours 4.8.1 Structural Engineering 8 man-hours for site visits and Services follow-up activities 5.1 Commissioning Team 36 hours Meetings 5.2 EID 12 man-hours 5.3 Commissioning Support 80 man-hours 5.4 OmaP 150 hours 5.5 SOPs 120 hours 6.2 Record Drawings 500 hours Notes: (1) Additional questions will be billed with RFIs. BT:VP:dm SCOPE OF WORK Project No. P1-133 Page 13 of 13 ATTACHMENT " E" FEE PROPOSAL FORM ATTACHMENT "E" FEE PROPOSAL FORM P1-133 PCSA Submitted by: Carollo Engineers, Inc. (Name of Firm) Consultant Name: Carollo Engineers, Inc. Raw Labor $ 173,389 Fringe Costs 71.08% $ 123,245 Burdened Labor (Raw Labor+ Fringe) $ 296,634 Overhead 58.96% $ 174,895 Subtotal (Burdened labor+OH) $ 471,529 Note: Round all values to nearest dollar. Profit 9.5106 $ 44,832 (%of Subtotal) Total Direct Costs, not to exceed $ 13,639 TOTAL-"Consultant" Not to Exceed $ 530,000 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-1836 Agenda Date: 2/2/2022 Agenda Item No: 5. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: CENTRAL GENERATION PRESSURE VESSEL INTEGRITY RELIABILITY ASSESSMENT, PROJECT NO. PS20-05 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Consultant Services Agreement CS-2021-1267BD to Pond & Company for the Central Generation Pressure Vessel Integrity and Reliability Assessment, PS20-05, at Plant Nos. 1 and 2, for a total amount not to exceed $235,133; and B. Approve a contingency of 23,513 (10%) BACKGROUND There are over 90 pressure vessels housed at the Central Generation Facilities at Orange County Sanitation District (OC San) Plant Nos. 1 and 2. The average age of these vessels is approximately 30 years old. The condition of most of these vessels are unknown. The purpose of this request is to provide a means to properly assess these pressure vessels. The assessment results will be used to formulate appropriate preventive maintenance activities and job plans and confirm current asset management strategies for repair and replacement. RELEVANT STANDARDS • Maintain a proactive asset management program • Protect OC San assets • Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard • Provide a safe and collegial workplace PROBLEM Pressure vessel integrity is paramount for ensuring occupational safety and related process availability. The Occupational Safety and Health Administration (OSHA) mandates the type and frequency of assessments for certain pressure containing equipment to ensure this safety. For other types of equipment, it is the responsibility of the employer to ensure that proper assessments are Orange County Sanitation District Page 1 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1836 Agenda Date: 2/2/2022 Agenda Item No: 5. performed at appropriate intervals to ensure employee safety. Given the age and unknown condition of most of the current Central Generation pressure vessels, it is important that their condition is understood and documented. PROPOSED SOLUTION Through analytical means, determine the "remaining safe and useful life" of the pressure vessels and related equipment, to reduce the likelihood of unplanned or premature failures by performing integrity and reliability assessments using industry-accepted inspection practices (e.g. API-510). TIMING CONCERNS As the average age of these pressure vessels are about 30 years old and, for most, the conditions are unknown, it is prudent to assess these aging pressure vessels as soon as possible. RAMIFICATIONS OF NOT TAKING ACTION Inaction will result in increased risk to employee occupational safety, catastrophic equipment failure, unplanned process interruptions; and could result in increased equipment repair costs, OSHA fines for non-compliance, etc. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Consultant Selection OC San requested and advertised for proposals for Central Generation Pressure Vessel Integrity and Reliability Assessment, PS20-05, on September 23, 2021 . The following evaluation criteria were described in the Request for Proposals (RFP) and used to determine the most qualified Consultant. CRITERION WEIGHT Proposed Staffing & Project Organization 20% Qualifications & Experience of Firm 20% Work Plan 30% Cost 30% One proposal was received on October 27, 2021 and evaluated in accordance with the evaluation process set forth in OC San's Purchasing by a pre-selected Evaluation Team consisting of the following OC San staff: Engineer (Managing Project Engineer), Maintenance Supervisor, and two Lead Power Plant Operators. The Evaluation Team included one non-voting representative from the Purchasing Division. Orange County Sanitation District Page 2 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1836 Agenda Date: 2/2/2022 Agenda Item No: 5. The Evaluation Team scored the proposal on the established criteria as summarized in the table below: Firm Proposed Qualifications Work Plan Cost (Max 30) Total Score Staffing & Proj & Experience (Max 30) (Max 100) Organization of Firm (Max (Max 20) 20) 1 Pond & Company 19 19 26 30 94 Based on the above scoring, and overall specializations and experience, Pond & Company was selected as a qualified Consultant. The selected firm was found to have: (1) a highly qualified staff, exceeding the desired staff qualification levels; (2) a robust and relevant portfolio of prior comparative work experience, ensuring proper job execution; and (3) an extremely safety focused work plan. Fee Negotiations Staff conducted negotiations with Pond & Company to streamline the requirements of the Scope of Work. The type of pressure vessels that would be included in the assessments, assumptions used for the estimated level of effort, and the proposed approach to meet the goals and objectives for the project were refined, with the results shown below. Original Fee Proposal Negotiated Fee Total Fee $478,452 1$235,133 Based on the above, staff has determined that the final negotiated fee is fair and reasonable for the level of effort required for this project and recommends approval of the Professional Consultant Services Agreement to Pond & Company. CEQA This is not a project as defined by the California Environmental Quality Act (CEQA), therefore CEQA does not apply. FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San's Purchasing Ordinance. This item has been budgeted in the FY21/22 Budget Update Book. (Line item: Operations and Maintenance Capital Program, Page A-8). Date of Approval Contract Amount ContingencV 02/23/2022 $ 235,133 $ 23,513 (10 %) ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Draft Professional Consultant Services Agreement Orange County Sanitation District Page 3 of 3 Printed on 1/25/2022 powered by LegistarTM PROFESSIONAL CONSULTANT SERVICES AGREEMENT Central Generation Pressure Vessel Integrity and Reliability Assessment SPECIFICATION NO. CS-2021-1267BD THIS AGREEMENT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Pond & Company with a principal place of business at 3500 Parkway Lane, Suite 500, Peachtree Corners, GA 30092 (hereinafter referred to as "Consultant") collectively referred to as the "Parties". WITNESSETH WHEREAS, based on Consultant's expertise and experience, OC San desires to temporarily engage Consultant to provide Central Generation Pressure Vessel Integrity and Reliability Assessment, "Services" as described in Exhibit "A"; and WHEREAS, Consultant submitted its Proposal, dated October 27, 2021; and WHEREAS, on February 23, 2022, the Board of Directors of OC San, by minute order, authorized execution of this Agreement between OC San and Consultant; and WHEREAS, OC San has chosen Consultant to conduct Services in accordance with Ordinance No. OC SAN-56; and NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OC San and the Consultant. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit "A". 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein. Exhibit "A" Scope of Work Exhibit "B" Proposal Exhibit "C" Determined Insurance Requirement Form Exhibit "D" Contractor Safety Standards Exhibit "E" Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 1.4 This Agreement may not be modified, changed, or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 1.5 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any section or provision hereof. Orange County Sanitation District 1 of 11 Specification No. CS-2021-1267BD Revision 031021 1.6 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise noted as workdays. 1.7 OC San holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 Work Hours: All work on OC San site shall be scheduled Monday through Thursday, between the hours of 6:30 a.m. and 4:00 p.m. OC San will not pay for travel time. 1.9 Consultant shall provide OC San with all required premiums and/or overtime work at no charge beyond the total amount of the Agreement. 1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Consultant as a result of work performed in anticipation of purchases of said services by OC San. 2. Scope of Work Subject to the terms of this Agreement, Consultant shall perform the Services identified in Exhibit "A". Consultant warrants that all of its Services shall be performed in a competent, professional, and satisfactory manner. 3. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OC San at any time. All modifications must be made in writing and signed by both Parties. A review of the time required for the modification will be made by OC San and Consultant and the Agreement period adjusted accordingly. 4. Compensation Compensation to be paid by OC San to Consultant for the Services provided under this Agreement shall be a total amount not to exceed Two Hundred Thirty- five Thousand, One Hundred Thirty-three Dollars ($235,133.00). 5. California Department of Industrial Relations (DIR)Registration and Record of Wages 5.1 To the extent Consultant's employees and/or subconsultants who will perform work for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Consultant and subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 5.2 The Consultant and subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 5.3 Pursuant to Labor Code Section 1776, the Consultant and subconsultants shall furnish a copy of all certified payroll records to OC San and/or general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 5.4 The Consultant and subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). Orange County Sanitation District 2 of 11 Specification No. CS-2021-1267BD Revision 031021 6. Payment and Invoicin_g 6.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San's Project Manager or designee, of itemized invoices submitted for Milestones completed in accordance with Exhibits "A" and "B", and the following: Milestone Payment Submittals— Milestone No. 1 $6,690 Safety Documentation Project Schedule Inspection Plan Assessment (Plant No. 1)— Milestone No. 2 $42,040 Assessment (Plant No. 2)— Milestone No. 3 $67,018 Final Report— Milestone No. 4 $119,385 6.2 OC San, at its sole discretion, shall be the determining party as to whether the Milestones have been satisfactorily completed. 6.3 Invoices shall be emailed by Consultant to OC San Accounts Payable at APStaff(o)OCSan.gov and "INVOICE" with the Purchase Order Number and CS-2021- 1267BD shall be referenced in the subject line. 7. Audit Rights Consultant agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Consultant relating to the invoices submitted by Consultant pursuant to this Agreement. 8. Commencement and Term The Services provided under this Agreement shall be completed within 203 calendar days from the effective date of the Notice to Proceed. 9. Extensions The term of this Agreement may be extended only by written instrument signed by both Parties. 10. Performance Time is of the essence in the performance of the provisions hereof. 11. Termination 11.1 OC San reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San. Upon receipt of a termination notice, Consultant shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Consultant for work performed (cost and fee) to the date of termination. Consultant expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OC San from any further fee, cost or claim hereunder by Consultant other than for work performed to the date of termination. 11.2 OC San reserves the right to terminate this Agreement immediately upon OC San's determination that Consultant is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Agreement. 11.3 OC San may also immediately terminate for default of this Agreement in whole or in part by written notice to Consultant: Orange County Sanitation District 3 of 11 Specification No. CS-2021-1267BD Revision 031021 • if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or • if Consultant sells its business; or • if Consultant breaches any of the terms of this Agreement; or • if total amount of compensation exceeds the amount authorized under this Agreement. 11.4 All OC San property in the possession or control of Consultant shall be returned by Consultant to OC San on demand, or at the termination of this Agreement, whichever occurs first. 12. Indemnification and Hold Harmless Provision Consultant shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Consultant's services under this Agreement, or by its subconsultant(s) or by anyone directly or indirectly employed by Consultant, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OC San, Consultant shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Consultant's performance under the Agreement, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Agreement, and/or (c) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Consultant or anyone employed by or working under Consultant. To the maximum extent permitted by law, Consultant's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. This section shall survive the expiration or early termination of the Agreement. 13. Insurance Consultant and all subconsultants shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirement Form, Exhibit "C". Consultant shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OC San, nor shall Consultant allow any subconsultant to commence service pursuant to a subcontract until all insurance required of the subconsultant has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 14. Key Personnel Personnel, as provided in Exhibit "B", are considered "key" to the work under this Agreement and will be available for the term of the Agreement. No person designated as key under this Agreement shall be removed or replaced without prior written consent of OC San. If OC San asks Consultant to remove a person designated as key under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of reason, for OC San's request. Consultant shall assign only competent personnel to perform Services pursuant to this Agreement. Orange County Sanitation District 4 of 11 Specification No. CS-2021-1267BD Revision 031021 15. Confidentiality and Non-Disclosure 15.1 Consultant acknowledges that in performing the Services hereunder, OC San may have to disclose to Consultant orally and in writing certain confidential information that OC San considers proprietary and has developed at great expense and effort. 15.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OC San's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of OC San. 15.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by Consultant during the term of this Agreement. 15.4 Consultant agrees as follows: • To use the confidential information only for the purposes described herein; to not reproduce the confidential information; to hold in confidence and protect the confidential information from dissemination to and use by anyone not a party to this Agreement; and to not use the confidential information to benefit itself or others. • To restrict access to the confidential information to its subconsultant or personnel of Consultant who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement. • To return all confidential information in Consultant's possession upon termination of this Agreement or upon OC San's request, whichever occurs first. • To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. 15.5 The provisions of this section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 16. Ownership of Documents All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of OC San and shall be promptly delivered to OC San upon request of OC San's Project Manager or designee, or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by OC San of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at OC San's sole risk and without liability to Consultant. Consultant shall ensure that all its subconsultants shall provide for assignment to OC San of any documents or materials prepared by them. 17. Ownership of Intellectual Property 17.1 Consultant agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as "New Developments") shall be and are assigned to OC San as its sole and exclusive property. 17.2 Consultant agrees to promptly disclose to OC San all such New Developments. Upon OC San's request, Consultant agrees to assist OC San, at OC San's expense, to obtain patents Orange County Sanitation District 5 of 11 Specification No. CS-2021-1267BD Revision 031021 or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications, assignments, and all other instruments and papers which OC San shall deem necessary to apply for and to assign or convey to OC San, its successors and assigns, the sole and exclusive right, title and interest in such New Developments. Consultant agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and confidential information. 17.3 Consultant warrants that Consultant has good title to any New Developments, and the right to assign New Developments to OC San free of any proprietary rights of any other party or any other encumbrance whatever. 17.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by Consultant or its subconsultants in connection with these Services shall be delivered to and shall become the exclusive property of OC San. OC San may utilize these documents for OC San applications on other projects or extensions of this project, at its own risk. 18. No Solicitation of Employees 18.1 Consultant agrees that it shall not, during the term of this Agreement and for a period of one (1) year immediately following termination of this Agreement, or any extension hereof, call on, solicit, or take away any of the employees whom Consultant became aware of as a result of Consultant's Services to OC San. 18.2 Consultant acknowledges that OC San's employees are critical to its business and OC San expends significant resources to hire, employ, and train employees. Should Consultant employ or otherwise engage OC San's employees during the term of this Agreement and for a period of one (1) year following termination of this Agreement, Consultant will pay OC San fifty percent (50%) of the former employee's most recent annual salary earned at OC San to accurately reflect the reasonable value of OC San's time and costs. This payment is in addition to any other rights and remedies OC San may have at law. 19. Independent Contractor Capacity 19.1 The relationship of Consultant to OC San is that of an independent contractor and nothing herein shall be construed as creating an employment or agency relationship. 19.2 Consultant shall act independently and not as an officer or employee of OC San. OC San assumes no liability for Consultant's action and performance, nor assumes responsibility for taxes, funds, payments or other commitments, implied or expressed, by or for Consultant. 19.3 Consultant shall not be considered an agent of OC San for any purpose whatsoever, nor shall Consultant have the right to, and shall not, commit OC San to any agreement, contract or undertaking. Consultant shall not use OC San's name in its promotional material or for any advertising or publicity purposes without expressed written consent. 19.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on OC San's payroll as regular employees including, without limitation, worker's compensation, disability insurance, vacation, holiday or sick pay. Consultant shall be responsible for providing, at Consultant's expense, disability, worker's compensation or other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder. Orange County Sanitation District 6 of 11 Specification No. CS-2021-1267BD Revision 031021 19.5 Consultant shall be obligated to pay any and all applicable Federal, State and local payroll and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies OC San for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OC San arising out of Consultant's breach of this provision. 19.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OC San's payroll as regular employees. Consultant shall remain ineligible for such benefits or participation in such benefit plans even if a court later decides that OC San misclassified Consultant for tax purposes. 20. Licenses, Permits Consultant represents and warrants to OC San 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 Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement will be paid by Consultant. 21. Consultant's Representations In the performance of duties under this Agreement, Consultant shall adhere to the highest fiduciary standards, ethical practices and standards of care and competence for their trade/profession. Consultant agrees to comply with all applicable Federal, State and local laws and regulations. 22. Familiarity with Work By executing this Agreement, Consultant warrants that: 1) it has investigated the work to be performed; 2)it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Consultant's risk, until written instructions are received from OC San. 23. Right to Review Services, Facilities, and Records 23.1 OC San reserves the right to review any portion of the Services performed by Consultant under this Agreement, and Consultant agrees to cooperate to the fullest extent possible. 23.2 Consultant shall furnish to OC San such reports, statistical data, and other information pertaining to Consultant's Services as shall be reasonably required by OC San to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations. 23.3 The right of OC San to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Consultant shall not relieve Consultant of any obligation set forth herein. 24. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Agreement. 25. Severability If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of Orange County Sanitation District 7 of 11 Specification No. CS-2021-1267BD Revision 031021 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. 26. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Consultant to which OC San does not object shall not operate as a waiver of OC San's rights to seek remedies available to it for any subsequent breach. 27. Remedies In addition to other remedies available in law or equity, if the Consultant fails to make delivery of the goods or Services or repudiates its obligations under this Agreement, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) terminate the Agreement; (2) recover whatever amount of the purchase price OC San has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Consultant. In the event OC San elects to "cover" as described in (3), OC San shall be entitled to recover from Consultant as damages the difference between the cost of the substitute goods or Services and the Agreement price, together with any incidental or consequential damages. 28. Governin_g Law This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof. 29. Environmental Compliance Consultant shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Consultant, its sub-consultants, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 30. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 31. Dispute Resolution 31.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 31.2 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 et 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 (2) 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 (3) 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 Orange County Sanitation District 8 of 11 Specification No. CS-2021-1267BD Revision 031021 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. 32. Damage to OC San's Property Any OC San property damaged by Consultant will be subject to repair or replacement by Consultant at no cost to OC San. 33. Contractor Safety Standards and Human Resources Policies OC San requires Consultant and its subconsultants to follow and ensure their employees follow all Federal, State and local regulations as well as Contractor Safety Standards while working at OC San locations. If during the course of the Agreement it is discovered that Contractor Safety Standards do not comply with Federal, State or local regulations, then the Consultant is required to follow the most stringent regulatory requirement at no additional cost to OC San. Consultant and all of its employees and subconsultants, shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit "Y and the Human Resources Policies in Exhibit "E". 34. Frei_ght (F.O.B. Destination) Consultant assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement. 35. Assignments Consultant shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Conflict of Interest and Reportin_p 36.1 Consultant shall at all times avoid conflicts of interest or appearance of conflicts of interest in performance of this Agreement. 36.2 Consultant affirms that to the best of its knowledge there exists no actual or potential conflict between Consultant's families, business or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this Agreement, it will raise with OC San any question regarding possible conflict of interest which may arise as a result of such change. 37. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OC San and Consultant. 38. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Consultant, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 39. Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound. 40. Read and Understood By signing this Agreement, Consultant represents that it has read and understood the terms and conditions of the Agreement. 41. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 9 of 11 Specification No. CS-2021-1267BD Revision 031021 42. Notices All notices under this Agreement must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade, Principal Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Consultant: Brian W. Lunsford, Vice President Pond & Company 3500 Parkway Lane, Suite 500 Peachtree Corners, GA 30092 Each party shall provide the other party written notice of any change in address as soon as practicable. [Intentionally left blank. Signatures follow on the next page.] Orange County Sanitation District 10 of 11 Specification No. CS-2021-1267BD Revision 031021 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: John B. Withers Board Chairman Dated: By: Kelly A. Lore Clerk of the Board Dated: By: Ruth Zintzun Purchasing & Contracts Manager POND & COMPANY Dated: By: Print Name and Title of Officer CMM Orange County Sanitation District 11 of 11 Specification No. CS-2021-1267BD Revision 031021 EXHIBIT A SCOPE OF WORK For Central Generation Pressure Vessel Integrity and Reliability Assessment (PS20-05) EXHIBIT A Specification No. CS-2021-1267BD EXHIBIT A SCOPE OF WORK Central Generation Pressure Vessel Integrity and Reliability Assessment (PS20-05) SPECIFICATION NO. CS-2021-1267BD 1. BACKGROUND The Central Generation (Cen Gen) Facilities at Orange County Sanitation District (OC San) Treatment Plant No. 1 and Plant No. 2 were completed in 1993, and house Cogeneration facilities, providing power and heat to support miscellaneous wastewater processes. At the heart of these facilities are three (3) Stationary Reciprocating Internal Combustion Engine-generator Sets at Plant No. 1, and five (5) at Plant No. 2. To support the operation of the engine-generator sets (genset) and the wastewater processes as a whole, various types of equipment such as pumps, heat exchangers, pressure vessels, piping, valves, etc. are needed to ensure that the gensets operate as required. Having been in operation for over 20 years, the major genset support equipment health has aged and degraded to varying degrees. Among this equipment are the critical pressure containing components, like pressure vessels, tanks, boilers, heat exchangers, and piping. The purpose of this Scope of Work (SOW) is to evaluate and assess the health, condition, and remaining useful life of some of the pressure containing support equipment, per API 510 and the like, as identified in the accompanying lists; as well as their safety devices as applicable. 1.1 DEFINITIONS A. API —American Petroleum Institute B. As Found —shall mean the state the item is provided to the Consultant C. As Left—shall mean the state the item is provided by the Consultant D. ASME —The American Society of Mechanical Engineers E. ASTM —The American Society for Testing and Materials F. Cen Gen — Central Generation G. CML— Condition Monitoring Location H. BPVC— Boiler and Pressure Vessel Code I. Days—Calendar days unless otherwise noted J. Fitness—refers to every aspect of the item that defines its physical, chemical, or electrical nature, size, makeup, etc. K. Fit up— pertaining to the interaction, fitness, clearance, proximity, etc. between faying surfaces, conjoining, mating, and/or related parts. L. Genset— Engine Generator Set M. Hydro— Hydrostatic Pressure Test N. In service—A state of equipment being in operation O. LOTO — Lock-Out/Tag-Out (denoting applicable safety protocol) P. MAWP— Maximum Allowable Working Pressure Q. MDT— Minimum Design Temperature R. NDE — Non-Destructive Examination S. NEW—shall mean virgin materials only, unused, unrecycled, unopened, and unadulterated T. OC San —Orange County Sanitation District U. OEM—Original Equipment Manufacturer V. O&M —Operations and Maintenance W. On Stream —a condition where the pressure vessel has not been prepared for an internal inspection, and the vessel is still in operation X. psig— pound(s) per square inch gauge (typically denoting pressure) EXHIBIT A Page 1 of 12 Specification No. CS-2021-1267BD Y. Plant No. 1 —The Wastewater Treatment Plant located at 10844 Ellis Ave, Fountain Valley, CA 92708 Z. Plant No. 2 —The Wastewater Treatment Plant located at 22212 Brookhurst St, Huntington Beach, CA 92646 AA.Ra—Roughness Average (measured in units of microinches or 1x10-6 inch) BB.Safety Device— Pressure Safety/Relief Valve, etc. CC. Shutdown —When a piece of equipment is taken out of service DD. SOW— Scope of Work EE.Useful Life—The useful life of a component, assembly, etc. is defined as the limit by which said device would fail before its next regularly scheduled overhaul. 1.2 APPENDICES AND REFERENCE DRAWINGS A. A-1 Cen Gen Pressure Vessel Condition Assessment SOW (This Document) B. A-2 Plant No. 1 Pressure Vessel Assessment List C. A-3 Plant No. 2 Pressure Vessel Assessment List D. A-4 Consultant Release, Waiver of Liability and Indemnity Agree for Use of Overhead Crane E. A-5 Plant No. 1 Cen Gen P&ID F. A-6 Plant No. 2 Cen Gen P&ID G. A-7 Cen Gen Area Asbestos Inventory H. A-8 Cen Gen Area Lead Inventory 1.3 APPLICABLE STANDARDS A. API 510 Pressure Vessel Inspection Code B. API RP 571 Damage Mechanisms Affecting Fixed Equipment in the Refining Industry C. API RP 572 Inspection of Pressure Vessels D. API RP 573 Inspection of Fired Boilers and Heaters E. API RP 575 Inspection Practices for Atmospheric and Low-Pressure Storage Tanks F. API RP 576 Inspection of Pressure-Relieving Devices G. API RP 578 Material Verification Program for New and Existing Alloy Piping Systems H. API RP 579 Fitness for Service I. API 653 Tank Inspection, Repair, Alteration, and Reconstruction J. ASME Boiler and Pressure Vessel Code K. ASME B31.1 Power Piping Code L. ASME B31.3 Process Piping Code 1.4 PERSONNEL REQUIREMENTS A. Corrosion Specialist— Minimum 10 years directly applicable experience or licensure as a Professional Corrosion Engineer B. Engineer— Minimum 10 years directly applicable experience or licensure as a Professional Mechanical Engineer C. Examiner— Certification inapplicable NDE and/or AWS Procedure, as required per the Inspection Plan D. Inspector—API-510 Certification, and/or as required per jurisdictional requirements 2. DESCRIPTION OF WORK The work involves the in-service inspection and assessment of all pressure vessels, tanks, boilers, and heat exchangers as specified in Appendices A-2 Plant No. 1 Pressure Vessel Assessment List and A-3 Plant No. 2 Pressure Vessel Assessment List, and their safety devices. The Consultant shall have the following staff—Authorized Pressure Vessel Inspector, Corrosion Specialist, Examiner, and Engineer— available and duly licensed or certified to perform all of the appropriate tasks, at a minimum, as they pertain to each individual piece of equipment, component, or safety device. API-510 shall be the general guideline for this work, though other relevant standards are needed to address specific equipment assessment requirements, as EXHIBIT A Page 2 of 12 Specification No. CS-2021-1267BD shown in 1.3 APPLICABLE STANDARDS. OC San shall provide the Consultant access to all pertinent equipment areas, to perform the work as described in this SOW based on the approved Inspection Plan and Work Schedule. In some cases, the Consultant will be responsible for performing permit required confined space entries or working from elevated locations and will be responsible for the appropriate approvals, staffing, and training as detailed herein. Consultant will also be required to coordinate with contractors that may be in the same areas for other assessment work. The Consultant shall perform all of the services required per API-510, and applicable equipment inspection per the relevant standard, providing all necessary labor, expertise, testing, and inspection, or as otherwise required. 2.1 WORK ELEMENTS 2.1.1 Inspection & Condition Assessment The Consultant shall provide an in-service inspection and condition assessment of all pressure vessels, tanks, boilers, and heat exchangers per API-510, as detailed in Appendices A-2 Plant No. 1 Pressure Vessel Assessment List and A-3 Plant No. 2 Pressure Vessel Assessment List. The Inspector qualifications shall be per API-510 Appendix B—Inspector Certification, or as further required by the inspection agency having jurisdiction in which the pressure vessel is used or as legally required. The assessment shall include an internal and external inspection, measurement of the defining wall thickness(es), calculation of the corrosion rate and remaining safe useful life, the next recommended inspection date, observation results, photographs, findings, and recommendations, and as required by API-510. In the event that an internal inspection is not possible, practical, meaningful, etc. an on-stream inspection may be proposed by the Consultant, for approval by OC San. In addition, a Fitness for Service analysis of corroded regions or locally thinned area, as well as other considerations and requirements per API-510 shall be provided by the Consultant to ascertain and/or quantify the vessel or equipment health per the standards intent, where applicable. 2.1.2 Safety Devices The Consultant shall provide the testing and inspection services, as well as the retesting intervals, for the associated pressure relieving devices per API RP 576 Inspection of Pressure- Relieving Devices. 2.1.3 Inspection Plan The Consultant shall submit for approval prior to work, an Inspection Plan for each individual equipment identified in the attachments, as well as their associated safety devices. Each Inspection Plan shall include guidance from a Corrosion Specialist and encompass all relevant and/or applicable damage mechanisms, internal and external inspections, safety considerations, Condition Monitoring Locations (CML), type and extent of NDE, vessel operational parameters, multi-zone vessel considerations (if applicable), pressure relieving devices, or as otherwise required by API-510 or similar. Each vessel Inspection Plan shall be approved in writing by the Inspector or Jurisdiction having authority, and OC San, and submitted to OC San via the submittal process prior to the start of any inspection work. In addition, CML's and examination points shall be permanently recorded, by permanent marking on the vessel itself, as well as by showing representatively on a drawing included in the FINAL REPORT, to enable repeatable and meaningful measurements to be taken in the future. The Consultant shall be responsible for drilling vessel insulation, and for providing and installing inspection port plugs into the insulation accordingly, as applicable. EXHIBIT A Page 3 of 12 Specification No. CS-2021-1267BD 2.1.4 Work Schedule It shall be the responsibility of the Consultant to formulate and propose a work schedule that will allow the various equipment and safety devices to be inspected as required herein, while accommodating the operability of the plants. There shall be a minimum of two schedules, one for each plant, Plant No. 1 and Plant No. 2. Coordination of tasks between the two plants will be necessary, as their operational flexibility is reliant upon one another. See Appendices A-5 Plant No. 1 Cen Gen P&ID and A-6 Plant No. 2 Cen Gen P&ID for further operational details. In the event that an internal inspection cannot be performed for reasons outside of the Consultant's control, and after approval by OC San in writing, the Consultant may forgo the internal inspection of the vessel. However, the Consultant shall still be required to perform an on- stream inspection and testing accordingly, unless specifically excluded by OC San in writing. The on-stream inspection shall be capable of ascertaining to an acceptable degree, the actual health and condition of all parts of the equipment. 2.1.5 Non-Destructive Examination & Testing It shall be the responsibility of the Consultant to provide the certified staff to serve as Examiner, and the training, tools, test equipment, and expertise to adequately and appropriately measure, analyze, audit, and record the pertinent data per the Inspection Plan. In the event that surface preparation like surface grinding, etc. is necessary to facilitate the collection of data, the Consultant shall be responsible for both the application of the surface treatment(s), as well as the subsequent re-application or surface preparation or repair to match the original design, to the extent needed to retain the original design intent or as found. The Consultant shall assume that all surface treatments contain lead, and proper precautions and handling are conducted in accordance with Title 8 California Code of Regulations (CCR), Section 1532.1 for Lead. Consultant shall collect and contain removed coating materials and test per California Title 22 CAM-17 Metals Testing; notify Project Manager if paint contains metals above allowable levels, and place in OC San provided on-site containers, as directed. Calibration records for the NDE technology to be employed shall be recorded prior to the start of work, periodically, and as required by the applicable specification, and included in the FINAL REPORT. 2.1.6 Manufacturers Data Report The Consultant shall secure the appropriate Manufacturers Data Report, Data Sheet, Design Calculations, U-1 Report, etc., in the event that OC San does not have access to the original document. Access to some documents(s) (i.e. Vessel U-1 Report, etc.) may require a paid service to obtain the records accordingly, of which the Consultant is financially responsible. In the event that the original equipment details are inaccessible, or where the operational data has changed, the Consultant shall provide suitable details in which to base the inspection. Under all circumstances, the Consultant shall provide a copy of the representative Data Report or Operational Parameters/Assumptions used in the inspection plan, calculations, or formulations of the results and include it in the FINAL REPORT. In the event that equipment material type is unknown, the Consultant shall employ the use of a suitable technology—e.g. x-ray fluorescence, optical spectrography—to positively ascertain the material type for further analysis, testing, and repair accordingly. See API-578 for further details. 2.1.7 Asset Data Collection The Consultant shall compare the equipment information provided in the accompanying lists, Appendices A-2 Plant No. 1 Pressure Vessel Assessment List and A-3 Plant No. 2 Pressure Vessel Assessment List, to the nameplate information printed on the equipment, pressure vessel, or datasheet. In the event that the information is different, the Consultant shall make every attempt to correct, amend, and/or add any missing information to the attached list by recording the details in the FINAL REPORT. In particular, the equipment National Board No., MAWP, and MDT is missing for the pressure vessels in almost every case. In other cases, the naming convention is not followed for similar equipment installations, see redlines accordingly. EXHIBIT A Page 4 of 12 Specification No. CS-2021-1267BD 2.1.8 Inspection Report The Consultant shall compile and author a unique Inspection Report for each piece of equipment and documenting all of the required details, pertinent vessel information, observations, inspections, certifications, calibration data, test results, corrosion rates, remaining useful life, findings, safety concerns, etc. and as required herein. For reference, Appendix C of API-510 shows a Sample Pressure Vessel Inspection Report. Photographs shall be taken and provided in the Inspection Report, and include the nameplate, vessel appurtenances, internals, externals, connections, base, foundation, nozzles/connections, hold down bolts at a minimum, or as required by the applicable specification. 2.1.9 Repairs, Alterations, Changes There are no pressure vessel repairs, alterations, or changes to be made under this SOW; however, the Consultant shall identify, recommend, and/or detail any repairs, alterations, or changes that may be required to ensure that the equipment is capable of operating safely, reliably, and efficiently. All findings shall be recorded in the applicable equipment inspection report. If a vessel is found to be running in an unsafe condition, it is the responsibility of the Consultant to bring the condition to the immediate attention of the OC San Project Manager, and the property or equipment tagged accordingly. 2.2 GENERAL All work performed by the Consultant on the equipment listed herein shall be completed in accordance with OEM specifications, attachments, instructions, and as required by the latest applicable industry codes and regulations as stipulated under this contract, unless otherwise approved by the OC San Engineer in writing prior to work execution. The most stringent requirement shall take precedence if a conflict arises between any of the aforementioned project requirements. Access to the OEM O&M manuals, specifications, and procedures will be made available upon written request, if available. 2.2.1 The Consultant is responsible for the removal of all debris, trash, excess, etc. from the site associated with this SOW. However, OC San reserves the right to keep all used, unused, and replacement parts. All construction debris and Consultant-generated waste shall be disposed of in an environmentally safe manner by the Consultant at no additional cost to OC San with the prior approval of OC San. Hazardous wastes (i.e., asbestos and lead) generated in course of this SOW will be managed and disposed of by OC San, including provision of any waste containers and manifesting. Consultant will be responsible for removal and handling of the hazardous waste. Under no circumstances shall hazardous waste be commingled with non-hazardous waste. A known list of asbestos and lead hazards are shown in Appendices A-7 Cen Gen Area Asbestos Inventory and A-8 Cen Gen Area Lead Inventory, respectively. It is the responsibility of the Consultant to verify as necessary, any additional areas that may be subject to the same. 2.2.2 No OC San materials or equipment shall be taken off the site, without OC San's written authorization. Before removing any OC San owned property, the Consultant is to provide a list of parts being considered for removal and obtain approval by an OC San representative. When parts are subsequently returned to OC San premises by the Consultant, an OC San representative to signoff receipt of components accordingly. 2.2.3 Except as specified elsewhere herein, the Consultant shall furnish field supervision, home office support, labor, permanent materials, construction equipment and tools, consumable supplies, transportation, testing, safety equipment and personnel protective equipment, temporary and support facilities, insurance, and any other items of expense required to perform all activities described herein. OC San will provide a suitable laydown area for this project, at either plant or both, as required. The Consultant shall include all expenses/costs related the trailer/laydown area in its proposal, at no additional cost to OC San. EXHIBIT A Page 5 of 12 Specification No. CS-2021-1267BD 2.2.4 The Consultant shall be responsible for the proper care and storage or handling of all parts, either onsite, during transport, or at the relevant offsite location accordingly. Proper care, protection, and storage includes protecting workpieces from the elements, contaminant ingress, condensation, outside forces, paint spray, cross contamination, damage during activities, etc. In some cases, heaters, wrapping, tarps, desiccant, etc. will be necessary for protection purposes, and shall be solely supplied, designed, provided, and installed by the Consultant. 2.2.5 OC San shall assign a Technical Witness and/or an Inspector for all Consultant's activities, including but not limited to all readings taken and tests performed by the Consultant. The Consultant shall retake all readings or redo test if they are deemed unreliable or erroneous to OC San's sole discretion at no additional cost. 2.2.6 The Consultant shall be solely responsible for maintaining all items in accordance with the manufacturer instructions until OC San accepts the work as defined by this contract. 2.2.7 The Consultant shall be responsible for the repair or replacement of any item, in-kind, damaged by the Consultant or their subcontractor(s)without any cost or schedule impact to OC San. 2.2.8 The main overhead crane in the Cen Gen Engine Room may be used as part of this assessment. The Consultant shall review the manufacturer's lifting recommendations and provide any required lifting equipment such as slings or spreader bars. The crane can be made available to the Consultant for use and shall be left in the "as found" condition, incurring no consequential damage. The Consultant shall assume complete responsibility for its usage and indemnify OC San of all liability thereof, as required and defined in OC San Contractor Safety Standards. (Appendix A-4). A rigging and lifting plan are required for movement of any equipment weighing greater than 7,500 lbs. All proposed rigging, lifting plans, and equipment submitted to OC San shall be certified and approved by a Structural Engineer registered and licensed in the State of California. 2.2.9 Cen Gen facilities will be in operation during the execution of the work, with other work possibly happening in close proximity, or at the same time, during execution of this contract. The Consultant shall coordinate all work to avoid any interference with normal plant operations, equipment maintenance, and other projects or processes happening simultaneously. Downtime for access, inspection, shall be allowed as permissible. Written shutdown requests shall be submitted to the OC San Project Manager, at least 3 weeks in advance of the planned activity. Requests shall include, at a minimum, a drawing and item list to identify the system or equipment included in the shutdown request. The OC San Project Manager's written acceptance of shutdown requests shall be obtained fourteen (14) days in advance of any planned work. Any work that blocks roadways, access to buildings, parking lots, etc. shall require prior approval and written acceptance by the OC San Project Manager. The Consultant shall follow OC San's lockout tagout (LOTO) procedures for isolation of equipment at all times. Consultant shall provide their own locks and tags. If Work on energized electrical systems is required, refer to the section entitled "Working on Energized Systems" of the OC San Contractor Safety Standards. 3. CONSULTANT RESPONSIBILITY 3.1 GENERAL As part of the Contract and Scope of Work, the Consultant shall provide OC San with the following: A. Project schedule showing key milestones for completion and biweekly update schedule showing a 3-week look ahead until completion. B. The Consultant, and their personnel assigned to this Contract, shall have the proper EXHIBIT A Page 6 of 12 Specification No. CS-2021-1267BD certifications required to perform the entailed tasks per the applicable standard. Any personnel substitutions after award shall be done with advanced written approval by OC SAN. C. The Consultant is responsible to provide all materials and/or equipment,which are specified or otherwise, implied as required materials by this Scope of Work and its Reference Drawings and specifications, unless stated otherwise herein as OC SAN Furnished Parts/Equipment. D. Consultant is responsible to provide all consumable supplies,transportation, testing, safety equipment, measuring or recording devices, and personal protective equipment. E. The Consultant shall be responsible for the repair or replacement of any item damaged by Consultant or Consultant's subcontractor without any cost or schedule impact to OC SAN. F. The Consultant is responsible to provide all tools, including lifting devices required to complete the Scope of Work. 3.2 RIGGING, DISASSEMBLY, REMOVAL, AND REASSEMBLY A. In the event the Consultant requires the use of the OC San-owned crane, the Consultant shall submit a Hold-Harmless Agreement, and a Training Verification form to OC San Risk Management for approval, as required by OC San Contractor Safety Standards. A copy of the Agreement is provided as Appendix A-4 Contractor Release, Waiver of Liability and Indemnity Agree for Use of Overhead Crane. B. The Consultant shall provide trained staff, tools, rigging, and the necessary equipment and materials needed to execute this contract. C. The main overhead crane in the Cen Gen Engine Room has a capacity of 20-Tons and may be used as part of this assessment. The Consultant shall review the equipment manufacturer's lifting recommendations and shall provide all required lifting equipment, such as slings and spreader bars. The Consultant shall submit certified rigging plans for approval by the OC San representative prior to beginning any moving operations, as detailed herein. D. Consultant shall review OC SAN's Contractor Safety Standards prior to such use. E. The main floor of the Engine Room at each plant has a Maximum Floor Load rating of 300- pounds per square foot. The Consultant's rigging and loading efforts shall be accomplished while staying within this floor loading limitation when moving components and loaded vehicles, as necessary. 3.3 SAFETY AND HEALTH REQUIREMENTS The Consultant and any Subcontractors shall comply with all applicable provisions of the OC San Safety Standards, Federal OSHA, California OSHA, and Local regulations, whichever is most stringent. A. Injury and Illness Prevention Program - The Consultant shall submit a copy of their written, Injury and Illness Prevention Program (IIPP). The IIPP must address responsibility, compliance, communication, hazard assessment, incident investigation, hazard correction, and training as required by Title 8, California Code of Regulations, Section 3203. B. Contractor Safety Orientation - The Consultant shall attend a Contractor Safety Orientation (CSO) meeting prior to the start of work. The CSO is a Sanitation District safety orientation conducted between the Risk Management Division (safety and health) and the Consultant. The CSO is conducted once per year or as job conditions or scope of work changes. The Consultant shall participate in these meetings by providing work plans and other requested safety deliverables described below. The Consultant shall sign the JSSA documentation. C. Job Safety Analysis (JSA) - The Contractor shall prepare Job Safety Analysis (JSA) for work tasks completed by the Consultant. The JSA is a procedure where each basic step of the work task has identified hazards and recommended controls for the safest way to complete the work task. The Consultant shall attend a job hazard analysis meeting in which OC SAN's Operations & Maintenance and Risk Management personnel will be involved. All safety issues shall be addressed, and verification shall be made that all safety measures shall be carried out and required safety equipment is available. D. Lock Out Tag Out (LOTO) - The Consultant shall participate in the OC San LOTO process. OC San will isolate the associated systems prior to Consultant work. OC San will prepare a EXHIBIT A Page 7 of 12 Specification No. CS-2021-1267BD written energy control procedure for the system. OC San will demonstrate hazardous energy has been controlled by walking each isolation point and reviewing the energy control procedure with the Consultant. The Consultant shall apply their own lock and tag to the OC San lock box upon acceptable and sign the energy control procedure. Each Consultant employee working on the system must apply their own lock and tag. E. Hot Work - Any activity producing spark, flame or heat will require an OC San issued hot work permit. The Consultant, depending on the activity, will be required to provide appropriate controls in accordance with OC San's hot work program. These controls may include a fire watch, 20-pound fire extinguisher, fire blankets, and atmospheric monitor. F. Chemical Safety- All chemicals brought onsite shall be accompanied with a safety data sheet (SIDS). The Consultant must store and use those chemicals in accordance with the SDS and manufacturer instructions. Upon request, OC San will provide the Consultant with SDS's for chemical used by OC San. The Consultant shall be familiar with the location of the nearest Sanitation District emergency shower/eye wash system. G. Training Records - Consultant shall submit copies of its employee trainings records to Risk Management for retention. H. PPE - Consultant shall wear Level D personal protective equipment (PPE), which includes hard toe work boots, safety glasses, hard hats, high-visibility safety vests, long pants, sleeved shirts while in the treatment plant areas. The Consultant is required to wear chemical goggles and a face shield when in the chemical containment areas. The Consultant is required to wear the appropriate level of chemical PPE when handling chemicals, which in accordance with the safety data sheet, may include chemical goggles, face shield, and a chemical resistant coveralls. All work performed in the wastewater treatment plant requires a calibrated 4-gas monitor (CO, H2S ,LEL, 02). I. The Consultant shall be aware of the use of bleach, hydrogen peroxide, ferric chloride, acid, caustic soda, other hazardous materials, and potential presence of hazardous gasses in and around the plant. J. There are various alarm systems installed to alert employees of hazardous conditions. The Consultant shall instruct its employees of these dangers and that they must evacuate the area immediately should an emergency occur. 4. RESOURCES AVAILABLE 4.1 REFERENCE DRAWINGS Access to the OEM O&M manuals, specifications, and procedures will be made available upon written request, if available. 4.2 PHYSICAL RESOURCES OC SAN will make the following resources available to the Consultant: A. Overhead crane (upon approval from OC San Risk Management Department), see Section 3.2. B. Access to electrical supply (120V), and single use compressed air hook-up (up to 90psi). C. The Consultant shall be responsible for providing the following at a minimum, for their own use: i. Restroom(s) ii. Breakroom(s) iii. Telephone(s) iv. Extension Cords or Power Supplies V. Air Supply over 90psi, and/or more than single use EXHIBIT A Page 8 of 12 Specification No. CS-2021-1267BD 4.3 OC SAN STAFF Consultant's staff shall be available to support the OC San's staff for LOTO and consultation during Consultant working days. 5. OVERALL PROJECT SCHEDULE The Consultant shall provide a detailed schedule for this project listing all activities listed below. This schedule does not include all aspects, nor intricacies, of the required project reporting requirements. Rather, it is provided as a convenient reference for the Consultant to use as a basis for the required Deliverable—Overall Project Schedule. ACTIVITY DEADLINE Notice to Proceed (NTP) NTP = Effective Date Submittals—Milestone No. 1 NTP + 28 Calendar Days - Safety Documentation - Project Schedule - Inspection Plan Assessment(Plant No. 1)— Milestone No. 2 NTP + 105 Calendar Days Assessment(Plant No. 2)— Milestone No. 3 NTP + 189 Calendar Days Final Report—Milestone No. 4 NTP + 203 Calendar Days Figure 1. Milestone Schedule 6. COST SCHEDULE 6.1.1 There is a total of four (4) milestones for payment associated with the deliverables herein. Payments for milestones are a percentage of the not to exceed amount of the Agreement as described in the individual deliverables herein. Milestone Payment Percentage of Contract Amount Submittals - Milestone No. 1 10% Safety Documentation Project Schedule Inspection Plan Assessment (Plant No. 1) - Milestone No. 2 20% Assessment (Plant No. 2) - Milestone No. 3 20% Final Report- Milestone No. 4 50% 7. DELIVERABLES The following deliverables are in addition to any submittal requirements in the Contract: 7.1 PROJECT SCHEDULE Consultant shall provide a baseline schedule as specified above, to include all activities, tests, equipment shutdowns, etc. EXHIBIT A Page 9 of 12 Specification No. CS-2021-1267BD A. Format: MS-Project and PDF. B. Delivery: First, copy (Baseline Schedule). Subsequent updates as needed. C. Three-Week Look Ahead Schedule Excel format and delivered at each progress meeting. 7.2 SUBMITTALS A. Format: Adobe PDF attachment sent with transmittal email to the Representative B. Content: Refer to the following sections: # Submittal Requirement 1 OC San Internal Safety, Release, and Related Documentation 2 Proof of Personnel Certification(s) 3 Certified Lifting Plans, as applicable 4 Individual Inspection Plans (Section 2.1.3) 5 Final Report (Section 7.3) 7.3 FINAL REPORT Following the completion of an equipment assessment, the Consuicant shall provide a unique inspection report for every vessel, tank, boiler, heat exchanger, or pressure vessel as detailed herein, shown below, and include it in the FINAL REPORT as a compilation of individual inspection reports, Manufacturer's Data Report, NDE Calibration Records, etc.: A. Report Document: 1. File Naming Convention: ThP electronic file Naming Convention for the individual inspection reports shall be as follows: "Secondary ID—Secondary ID Description". For example, the Urea Tank#1 at P1 Cen Gen would be named "16KTNK001—TANK, UREA1, PI CENGEN". 2. Electrc,. -� Format: shall be formatted in Microsoft Word, Version 2013 or later. 3. Content: sh,ii contain a complete description of all tasks performed, all readings and measurements taken, pictures and findings, inspection and test results, and recommendations. B. Report Submittal Deadline 1. Individual Equipment - All equipment inspection reports shall be provided not more than fourteen (14) days following the completion of the applicable equipment assessments. 2. Final Report— The Final Report and compilation of all the necessary information, assessment reports, calibration data, data reports, etc., as detailed herein, shall be provided not more than fourteen (14) days following the completion of the contract work. 8. PROJECT MANAGEMENT EXHIBIT A Page 10 of 12 Specification No. CS-2021-1267BD 8.1 MEETINGS A. Kick off meeting: Prior to the commencement of work under this Contract, a meeting with OC San staff shall be held to establish appropriate contacts and review the Consultant's plan to implement this work. B. Biweekly progress meetings: Shall be held at OC San. Shall be attended by OC San staff and the Consultant. Topics for discussion: review work in progress and receive comments. Conferences shall be held at least every other week at OC San's offices and may be held via conference call. The formal agenda shall be submitted with the previous meeting notes at least one (1)week prior to each meeting with a 3 week look ahead schedule. 8.2 WORK HOURS When working on OC San site, Consultant may work 9-hour shifts between the hours of 0600 and 1530, Monday through Thursday. No work shall be performed on Fridays thru Sundays, or OC San observed Holidays without prior written approval from the OC San Project Manager. 8.3 WORK OUTSIDE APPROVED PROJECT All work outside the requirements of the Contract Documents will be considered "extra work" and shall be submitted in writing for review and written acceptance prior to execution. 8.4 CHANGES TO APPROVED PROJECT ASSIGNMENT OC SAN may order changes by issuance of a written revision to the project. If such changes impact the price, expenditure limitations, or schedule, then an equitable adjustment and schedule shall be negotiated and shall be set forth in an amendment to the contract. 9. MONITORING OF WORK 9.1 PROGRESS REPORTS A. The Consultant shall submit bi-weekly progress reports for review by the 1st and 15th of each month and shall include at a minimum: 1. Current activities, 2. Future activities, 3. Potential out- of-scope items, 4. Concerns and possible delays, and 5. Percentage of completion. 9.2 SHOP INSPECTION VISITS The OC San Project Manager will schedule site visit(s), as necessary and if applicable, at the Consultant's shop facility during the progress of refurbishment/repair work to monitor and inspect the Consultant's work. All shops shall be located within the United States. 10. WARRANTIES A. The Consultant shall warrant that the work performed will be free of defects in materials and workmanship. B. New OEM or equal parts shall be warranted for one (1) year and the Consultant shall be responsible for removal, installation, and shipping costs of replacement. Existing parts EXHIBIT A Page 11 of 12 Specification No. CS-2021-1267BD that are repaired, machined, or otherwise overhauled, shall be warranted for one hundred eighty (180) days and the Consultant shall be responsible for removal, installation and/or replacement, and shipping costs of replacement. The warranty against defects in workmanship shall extend for one hundred eighty (180) days and the Consultant shall be responsible for correcting the defective work. C. All warranty periods shall begin after satisfactory completion of the work detailed herein 11. STAFF ASSISTANCE OC San will provide the Consultant with a single point of contact, the OC San Project Manager. All communications shall go through this single point of contact and any meetings and/or correspondence related to this SOW shall be scheduled and coordinated with this OC San representative. EXHIBIT A Page 12 of 12 Specification No. CS-2021-1267BD Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-1858 Agenda Date: 2/2/2022 Agenda Item No: 6. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: LABORATORY BUILDING HVAC CONTROLS REPLACEMENT AT PLANT NO. 1, PROJECT NO. FR1-0014 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for Laboratory Building HVAC Controls Replacement at Plant No. 1, Project No. FR1-0014; B. Award a Service Contract to Retrofit Service Company, Inc. for Laboratory Building HVAC Controls Replacement at Plant No. 1, Project No. FR1-0014, Specification No. S-2021- 127613D, for an amount not to exceed $176,847-1 and C. Approve a contingency of $17,685 (10%). BACKGROUND The Orange County Sanitation District (OC San) conducts a wide range of sample collection and analyses to comply with permit-required reporting requirements and to assist with operations and troubleshooting. This work is primarily performed in the two-story, 36,000-square foot Laboratory at Plant No. 1. The building was completed in 1990. The analytical equipment and testing procedures require consistent interior environmental conditions including temperature, humidity, and air flow 24 hours per day. OC San is nearing completion of the Laboratory Rehabilitation Feasibility Study, Project No. PS19-03, which is evaluating the best long-term option for rehabilitating or replacing the Laboratory. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Comply with environmental permit requirements Orange County Sanitation District Page 1 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1858 Agenda Date: 2/2/2022 Agenda Item No: 6. PROBLEM The existing heating, ventilation, and air conditioning (HVAC) control system uses obsolete pneumatic controllers that are no longer reliable. The HVAC system has failed multiple times in the past requiring labor-intensive efforts to maintain reliable operations. Without consistent HVAC controls in the building, certain analyses cannot be successfully performed to meet certification requirements included in permits. PROPOSED SOLUTION Award a Service Contract for Laboratory Building HVAC Controls Replacement at Plant No. 1, Project No. FR1-0014, Specification No. S-2021-127613D. This project will retrofit the existing HVAC control system by installation of a dedicated digital wireless control system to create a hybrid electronic and pneumatic HVAC control system. TIMING CONCERNS Until the HVAC controls are retrofitted or replaced, certain sensitive laboratory analyses will continue to be at risk of failure in the event the HVAC system cannot maintain a consistent building interior environmental condition. RAMIFICATIONS OF NOT TAKING ACTION Without the retrofit of the HVAC system controls, there will be a continued risk of certain sensitive analyses failing and continued labor-intensive efforts to keep its reliability. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OC San advertised Project No. FR1-0014 for bids on September 29, 2021, and five sealed bids were received on November 17, 2021. A summary of the bid opening follows: Engineer's Estimate $ 200,000 Bidder Amount of Bid Retrofit Service Company, Inc. $ 176,847 Albireo Energy $ 181,788 Next Level HVAC Energy Management $ 209,888 Allison Mechanical, Inc. $ 243,500 Trane US, Inc. $ 296,335 The bids were evaluated in accordance with OC San's policies and procedures. A Notice of Intent to Award was sent to all bidders on November 29, 2021, informing them of the intent of OC San Staff to recommend award of the Service Contract to Retrofit Service Company, Inc. Orange County Sanitation District Page 2 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1858 Agenda Date: 2/2/2022 Agenda Item No: 6. Staff recommends awarding a Service Contract to the lowest bidder, Retrofit Service Company, Inc., for a total amount not to exceed $176,847. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301. A Notice of Exemption will be filed with the OC Clerk-Recorder after OC San Board of Directors approval of the construction contract. FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San's Purchasing Ordinance. This recommendation will be funded under the Repairs and Maintenance line item for the Operations and Maintenance Department (Budget Update Fiscal Year 2021-20221, Page 45), and the available funding is sufficient for this action. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Service Contract BD:gr Orange County Sanitation District Page 3 of 3 Printed on 1/25/2022 powered by LegistarT" SERVICE CONTRACT Laboratory Building HVAC Controls Replacement at Plant No. 1 (FR1-0014) SPECIFICATION NO. S-2021-1276BD 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 (hereinafter referred to as "OC San") and Retrofit Service Company, Inc. with a principal place of business at 8656 Utica Ave., #300, Rancho Cucamonga, CA 91730 (hereinafter referred to as "Contractor") collectively referred to as the "Parties" ("Contract). WITNESSETH WHEREAS, OC San desires to temporarily retain the services of Contractor for Laboratory Building HVAC Controls Replacement at Plant No. 1 "Services" as described in Exhibit"A"; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56; and WHEREAS, on February 2, 2022, the Operations Committee of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services, NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in 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. Exhibit "A" Scope of Work Exhibit "B" Bid Exhibit "C" Determined Insurance Requirement Form Exhibit "D" Contractor Safety Standards Exhibit "E" Human Resources Policies 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 10 Specification No.S-2021-1276BD Revision 031021 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OC San holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 Work Hours: The work required under this Agreement may include normal business hours, evenings, and weekends. OC San will not pay for travel time. 1.9 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OC San 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 OC San. 2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not exceed One Hundred Seventy-six Thousand, Eight Hundred Forty-seven Dollars ($176,847.00). 3. California Department of Industrial Relations(DIR) Registration and Record of Wages 3.1 To the extent Contractor's employees and/or its subcontractors who will perform Work during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non- compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OC San and/or general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 4. Payments and Invoicing 4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San's Project Manager or designee, of itemized invoices submitted for Milestones completed and Warranty Items provided as defined in Exhibit "B". 4.2 OC San, at its sole discretion, shall be the determining party as to whether the Milestones have been satisfactorily completed. Orange County Sanitation District 2 of 10 Specification No.S-2021-1276BD Revision 031021 4.3 Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff(cD_OCSan.gov and "INVOICE" with the Purchase Order Number and S-2021- 1276BD shall be referenced in the subject line. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit"A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OC San 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 210 calendar days from the effective date of the Notice to Proceed. 9. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. 10. Performance Time is of the essence in the performance of the provisions hereof. 11. Termination 11.1 OC San 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 OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract(unless the notice directs otherwise). OC San 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 OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 11.2 OC San reserves the right to terminate this Contract immediately upon OC San's determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Contract. 11.3 OC San 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 OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs fi rst. Orange County Sanitation District 3 of 10 Specification No.S-2021-1276BD Revision 031021 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 Determined Insurance Requirement Form (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 OC San, 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. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OC San, Contractor shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. 14. Contractor Safety Standards and Human Resources Policies OC San requires Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC San locations. If during the course of the Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit "D" and the Human Resources Policies in Exhibit "E". 15. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply: 15.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence on the date of acceptance by the OC San Project Manager or designee of the work as complete. 15.2 Contractor's Warranty (Guarantee): If within a one (1) year period of completion of all work as specified in Exhibit "A", OC San informs Contractor that any portion of the Services provided fails to meet the standards required under this Contract, Contractor shall, within Orange County Sanitation District 4 of 10 Specification No.S-2021-1276BD Revision 031021 the time agreed to by OC San and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 16. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 17. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 18. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; and 2) 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 OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor's risk, until written instructions are received from OC San. 19. Re_gulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 20. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 21. Licenses, Permits, Ordinances and Re_pulations Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor. 22. Applicable Laws and Re_gulations 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 OC San 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. 23. Contractor's Employees Compensation 23.1 Davis-Bacon Act — Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis- Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent(25%)or more of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. Orange County Sanitation District 5 of 10 Specification No.S-2021-1276BD Revision 031021 23.2 General Prevailing Rate — OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request. 23.3 Forfeiture For Violation — Contractor shall, as a penalty to OC San, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 23.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty(20)working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more. 23.5 Workday—In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC San 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 (1) calendar day and forty (40) hours in any one (1) 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. 23.6 Record of Wages; Inspection — Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. 24. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the SCAQMD. All Contract work practices, which may Orange County Sanitation District 6 of 10 Specification No.S-2021-1276BD Revision 031021 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. 25. Governin_g Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof. 26. 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 OC San does not object shall not operate as a waiver of OC San's rights to seek remedies available to it for any subsequent breach. 27. 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 OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price OC San has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OC San elects to "cover" as described in (3), OC San 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. 28. Dispute Resolution 28.1 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. 28.2 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 et 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 (2)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 (3) 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. 29. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Orange County Sanitation District 7 of 10 Specification No.S-2021-1276BD Revision 031021 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 31. 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. 32. Dama_ge to OC San's Property Any of OC San'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 OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San's employees. 35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor. 37. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 39. 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. 40. Entire Agreement This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. 41. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept Orange County Sanitation District 8 of 10 Specification No.S-2021-1276BD Revision 031021 or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade, Principal Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: Jeff Mann, CEO Retrofit Service Company, Inc. 8656 Utica Avenue, #300 Rancho Cucamonga, CA 91730 Each party shall provide the other party written notice of any change in address as soon as practicable. [Intentionally left blank. Signatures follow on the next page.] Orange County Sanitation District 9 of 10 Specification No.S-2021-1276BD Revision 031021 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: Brooke Jones Chair, Operations Committee Dated: By: Kelly A. Lore Clerk of the Board Dated: By: Ruth Zintzun Purchasing & Contracts Manager RETROFIT SERVICE COMPANY, INC. Dated: By: Print Name and Title of Officer CMM Orange County Sanitation District 10 of 10 Specification No.S-2021-1276BD Revision 031021 Exhibit "A" SCOPE OF WORK AND APPENDIX A-1 EXHIBIT"A" Specification No. S-2021-1276BD EXHIBIT A SCOPE OF WORK For Laboratory Building HVAC Controls Replacement at Plant No. 1 (FR1-0014) EXHIBIT A Specification No. S-2021-1276BD EXHIBIT A SCOPE OF WORK Laboratory Building HVAC Controls Replacement at Plant No. 1 (FR1-0014) SPECIFICATION NO. S-2021-1276BD SCOPE OF WORK 1. Location of Work The work covered under this Scope of Work will take place at the Orange County Sanitation District's ("OC San's"): Plant No. 1 Laboratory Building located at 10844 Ellis Avenue, Fountain Valley, CA. 2. General The Contractor shall furnish all labor, equipment, materials, machinery, tools, supplies, insurance, permits, licenses, transportation, and other incidentals necessary to complete all tasks and items of work described within this Exhibit A, as more specifically described below. 3. Description of the Work 3.1. The work involves retrofitting an existing pneumatic HVAC controls system by replacing pneumatic thermostats with battery-powered digital thermostas that wirelessly communicate to a wireless mesh network, components of which are supplied and installed in this project, to create a Direct Digital Control (DDC)/Pneumatic hybrid HVAC controls system for the Laboratory Building that is fully operational, tested and confirmed to fulfill all OC San requirements. 3.2. Purpose a. Provide OC San the ability to better control the Laboratory Building HVAC through remote wireless setpoint control, remote monitoring of temperature & pressure, programmable temperature setbacks, occupancy override, enabling demand response strategies, and implementing energy savings strategies, features that the current pnematic system does not accommodate. b. Accomplish the work with minimal impact to the facilities on-going operations, avoid partial or complete building HVAC shutdowns, avoid any demolition, avoid installation of new wiring, and shutdowns of current workspaces. 3.3. Implementation Description a. A hybrid electronic and pneumatic solution consisting of using the existing pneumatic systems without altering them and adding an electronic layer to monitor and remotely control the existing main Air Handling Units and Zone Terminal Units. b. Implementation Features are based on maintaining existing systems and functionality without disturbing the on-going work occurring in an occupied building and include but are not limited to: i. No physical demolition of building finishes or structure ii. No partial or complete system shutdowns iii. No replacement of valves or dampers iv. Continued use of the pneumatic systems in place v. Pneumatic systems overridden by a converter controlled electronic signal vi. A wireless zone-controlled system consisting of thermostats that communicate to other system components wirelessly using a frequency that does not interfere with existing Ethernet/IP wireless systems or other wireless frequency waves. EXHIBIT A Page 1 of 8 Specification No. S-2021-1276BD c. Components of the work shall include i. BUILDING MANAGEMENT SYSTEM Providing Control of: • (1) Energy Management System Software and Operator Workstation; Tridium, or equal, • (1) Global Controller w/ Control Panel • Graphical User Interface Development ii. (4) AIR HANDLING UNIT CONTROLS Providing Control of: • Supply Fan Command / Status • Hot Water Valve Electro-Pneumatic Transducer • Chilled Water Valve Electro-Pneumatic Transducer • Supply Air Temperature Sensor • Mixed Air Temperature Sensor • Return Air Temperature Sensor • Mixed Air Damper Actuator • Return Air Damper Actuator • Outside Air Damper Actuator • Filter Differential Pressure Sensor • Static High Limit Switch • Discharge Static Pressure Sensor • Field Controller w/ Enclosure iii. WIRELESS PNEUMATIC ZONE CONTROLS Providing Control of: • (34) Wireless Pneumatic Thermostats (WPT) with Temperature Only; Cypress Envirosystems WPT, or equal. • (20) Wireless Pneumatic Thermostats with Temperature & Humidity; Cypress Envirosystems WPT, or equal. • (5) Wireless Repeaters • (1) Controller w/ BACnet/IP Gateway to Building Management System; Cypress Envirosystems Green Box, or equal. iv. CENTRAL PLANT CONTROLS Providing Control of: • (4) Boiler Command / Status • (2) Chiller Command / Status • (6) Pump Command / Status • Field Controller w/ Enclosure d. Implementation Requirements shall include i. Contractor-provided controller component of the system shall be integrated to a Facility Building Wide Management System (BMS) so that it properly synchronizes with the Air Handling Units and Central Plant. ii. Contractor-provided Hybrid Electro-Pneumatic Thermostats shall have the ability to communicate to the provided BMS. iii. Start-up, testing and point-to-point check-out, and verification of entire installed system. iv. Low-voltage (24v and less) electrical control wiring and/or conduit installed, where new conduit is necessary, per code requirements. It is anticipated that no new conduit would be required. e. Required Features of Contractor-provided system components i. Controller • Data collection unit for receiving wireless data from field devices • Built in web server • Capability for local data storage EXHIBIT A Page 2 of 8 Specification No. S-2021-1276BD • Highly optimized industrial DSSS radio and protocol with antenna and frequency diversity • Ruggedized enclosure • FCC, RoHS and ETSI compliant ii. Wireless Pneumatic Thermosats (Shall be from the same manufacturer as the Contractor-provided Controller.) • Remote monitoring of temperature, relative humidity and branch pressure • Automatic setpoint changes based on time-of-day schedule and night setback • Automatic calibration • Notification on occupancy override • Early problem detection to avoid occupant complaints • Zone control for optimal energy use and comfort • Remote control of setpoint • Holding of setpoint upon battery failure (critical feature) 3.4. OC San Inspection staff shall witness all tasks performed by Contractor. 3.5. Work Restrictions a. Safety: Contractor to receive Contractor Safety Orientation by OC San Risk Management Division prior to start of work. b. Parking: Contractor can park a maximum of two (2) vehicles at OC San Plant No. 1 during working hours. C. Contractor shall provide continuous access to all equipment, facilities, and processes to OC San operations and maintenance personnel. The health, safety, and welfare of OC San service is dependent on the continuous and uninterrupted operation of OC San's facilities. 4. Project Work Elements 4.1. Submittals a. Design Submittal including all information necessary to describe the complete system including but not limited to product data listed in paragraph 4.2.8 and Shop Drawings listed in Paragraph 4.2.10 of this Scope of Work summary. b. Unlocked Java Application Control Engine (JACE) Firm Ware License c. Work Plan d. Work Schedule e. Start-up and testing documentation will be provided to OC San in a Field Test Report. f. Contractor to submit Site-Specific Safety Plan (SSSP) in accordance with OC San Safety Standards. OC San must approve the SSSP prior to start of work. i. Programmer shall be N4 certified for Tridium Niagra software. EXHIBIT A Page 3 of 8 Specification No. S-2021-1276BD g. Product Data: For each type of product include the following: i. Construction details, material descriptions, dimensions of individual components and profiles, and finishes. ii. Operating characteristics, electrical characteristics, and furnished accessories indicating process operating range, accuracy over range, control signal over range, default control signal with loss of power, calibration data specific to each unique application, electrical power requirements, and limitations of ambient operating environment, including temperature and humidity. iii. Product description with complete technical data, performance curves, and product specification sheets. iv. Installation, operation and maintenance instructions including factors effecting performance. v. Bill of materials of indicating quantity, manufacturer, and extended model number for each unique product. h. Product Certficates i. Data Communications Protocol Certificates: Certifying that each proposed DDC system component complies with ASHRAE 135. i. Shop Drawings: i. General Requirements: • Include cover drawing with Project name, location, Owner, Architect, Contractor and issue date with each Shop Drawings submission. • Include a drawing index sheet listing each drawing number and title that matches information in each title block. • Drawings Size: 11 x17 ii. Schematic drawings for each controlled HVAC system indicating the following: • 1/0 points labeled with point names shown. Indicate instrument range, normal operating set points, and alarm set points. Indicate fail position of each damper and valve, if included in Project. • 1/0 listed in table format showing point name, type of device, manufacturer, model number, and cross-reference to product data sheet number. • A graphic showing location of control 1/0 in proper relationship to HVAC system. • Wiring diagram with each 1/0 point having a unique identification and indicating labels for all wiring terminals. • Unique identification of each 1/0 that shall be consistently used between different drawings showing same point. • Elementary wiring diagrams of controls for HVAC equipment motor circuits including interlocks, switches, relays, and interface to DDC controllers. • Narrative sequence of operation. • Graphic sequence of operation, showing all inputs and output logical blocks. iii. DDC system network riser diagram indicating the following: • Each device connected to network with unique identification for each. • Interconnection of each different network in DDC system. EXHIBIT A Page 4 of 8 Specification No. S-2021-1276BD • For each network, indicate communication protocol, speed and physical means of interconnecting network devices, such as copper cable type, or optical fiber cable type. Indicate raceway type and size for each. • Each network port for connection of an operator workstation or other type of operator interface with unique identification for each. j. Closeout Submittals i. Project Record Drawings of as-built versions of submittal Shop Drawings provided in electronic PDF format. ii. Testing reports and checklists of completed final versions of reports. iii. As-built versions of submittal Product Data. iv. Names, addresses, e-mail addresses, and 24-hour telephone numbers of Installer and service representatives for DDC system and products. V. Operator's manual with procedures for operating control systems including logging on and off, handling alarms, producing point reports, trending data, overriding computer control, and changing set points and variables. vi. Programming manuals with description of programming language and syntax, of statements for algorithms and calculations used, of point database creation and modification, of program creation and modification, and of editor use. vii. Engineering, installation, and maintenance manuals. 4.2. Material Requirements a. System components meeting the criteria listed in Section 3.3.c and 3.3.e of this document b. JACE NT8000 Controller (that supports native BACnet) and HTML5 for viewing graphics. Controller that can be scaled for future expansion of at least 50% additional control points. C. Remote controller (as applicable, including boiler, pumps, chillers, etc.) d. Controller enclosure with 120V 124V- Power supply (includes transformer, on/off switch and outlet) and uninterruptible power supply (UPS) for a minimum of 1 hour backup electrical power to the controller. It is anticaipated that the Controller will be located in Room 105 (Appedix A-1, a), to be field verified. e. JACE controller to use Tridium Niagra operating software. f. BACnet VAV box zone controller with damper actuator (24-volt preferred). g. System Monitoring Features i. Digital feedback for the damper position. ii. Graphic pages that show • Zone controllers by "ID tag" (determined by OC San). Each zone would have a link to a graphic page specific to that zone that shows temperature setpoint, actual space temperature, CFM being delivered by the zone, what mode the zone is in (cooling, heating, or dead ban) and damper position. • HVAC subsystems (as applicable, including boiler, hot water pumps, chillers, etc.). • Individual schedule for each day of the week. Scheduling programs will have the ability to pre-program Holidays to be scheduled as un- occupied time from the building. • Trending page that can trend any of the control points, and the trending page will be set up to trend discharged air for each VAV packaged unit. 4.3. Permits/ Licenses a. None EXHIBIT A Page 5 of 8 Specification No. S-2021-1276BD 4.4. Implementation a. Contractor to provide the following services: i. Synchronize the new system(s) with the existing OC San electronic timeclocks (for start/stop schedule). ii. Control integration to allow the JACE controller to "read" the points from the BACnet card. iii. Integration to existing building systems (as applicable, including boiler, pumps, chillers, etc.). iv. Collaboration with OC San IT team to provide and configure a static I.P. address for the new controller's internet connection. v. Programmer shall write, install and test the programming for the new control system. 4.5. Testing a. DDC System Wireless Network Verification b. DDC system Installer shall design wireless DDC system networks to comply with performance requirements indicated. C. Installer shall verify wireless network performance through field testing and shall document results in a field test report. d. Testing and verification of all wireless devices shall include, but not be limited to: i. Speed ii. Online status iii. Signal strength e. Testing i. Perform validation tests before requesting final review of system. Before beginning testing, first submit Pretest Checklist and Test Plan. ii. After approval of Test Plan, execute tests and procedures iii. After testing is complete, submit completed test checklist. iv. Pretest Checklist: Submit the following list with items checked off once verified: • Detailed explanation for any items that are not completed or verified. • Required DDC system components, wiring, and accessories are installed. • Control electric power circuits operate at proper voltage and are free from faults. 4.6. Warranty a. Manufacturer's Warranty: Manufacturer and Installer agree to repair or replace products that fail in materials or workmanship within specified one-year warranty period. i. Failures shall be adjusted, repaired, or replaced at no additional cost or reduction in service to Owner. ii. Include updates or upgrades to software and firmware if necessary to resolve deficiencies. iii. Install updates only after receiving Owner's written authorization. iv. Warranty service shall occur during normal business hours and commence within 24 hours of Owner's warranty service request. V. Warranty Extension: Contractor to provide an extended warranty for equipment, materials, and labor for two years beyond the standard warranty as an alternate to the base bid. 4.7. Training a. Engage a factory-authorized service representative with complete knowledge of Project-specific system installed to train OC San's maintenance personnel to adjust, operate, and maintain DDC system. EXHIBIT A Page 6 of 8 Specification No. S-2021-1276BD b. Extent of Training: i. Base extent of training on scope and complexity of DDC system indicated and training requirements indicated. Provide extent of training required to satisfy requirements indicated even if more than minimum training requirements are indicated. ii. Inform OC San of anticipated training requirements if more than minimum training requirements are indicated. 4.8. Adjusting a. Occupancy Adjustments: When requested within 12 months from date of Substantial Completion, provide on-site assistance in adjusting system to suit actual occupied conditions. Provide up to two visits to Project during other-than- normal occupancy hours for this purpose. 5. Resources Available 5.1. None 6. Project Schedule The following schedule is an indication of anticiapated durations considered to be achievable for the stages of the project. The Contractor's schedule, as accepted by OC San, shall govern the work in lieu of the following table. Payment Milestones/Timeline Deadline Review Period CumulativeWeeks Percentage of (Weeks from NTP) (Weeks) Total Contract Amount Kick-Off Meeting (NTP) Day of NTP 0 0 10% Submittal of Schedule 1 1 2 Design Submittal 8 3 11 20% Design Corrections and Approval 13 2 15 Procurement of Material 21 2 23 50% Installation Work 24 0 24 Final Completion of Work 26 0 26 10% Including Training Contract Close-out 30 0 30 10% 7. Project Management 7.1. Project Kick-Off Meeting a. At the time of notice to proceed, a meeting with OC San staff shall be held to establish appropriate contacts and review the Contractor's plan to implement this work. b. Contract conferences shall be held on an as-needed basis with OC San staff to keep OC San apprised of the job, review work in progress, and receive comments. Conferences shall be held virtually. All notes and decision items shall be captured by the Contractor and reported in electronic format. The formal agenda shall be submitted with the previous meeting notes at least one week EXHIBIT A Page 7 of 8 Specification No. S-2021-1276BD prior to each meeting. At a minimum, progress meetings will be held once a week starting a week prior to the start of project work and throughout the duration of the work. 8. Staff Assistance The Contractor will be assigned a single point of contact on this project. Any meetings and/or correspondence related to this project shall be scheduled and approved by the Project Manager. 9. Appendices A-1 Record Drawings: The following Record Drawings are provided for the Contractor's use in understanding the existing system and as a basis for drawings and exhibits to be provided by the Contractor. The provided drawings represent historical information re: building and system details; the accuracy of the drawings is not guaranteed as a representation of existing conditions. Contractor shall confirm and correlate dimensions, equipment specifics, and any and all details relevant to the the Scope of Work of this project. a. Laboratory Floorplan with Planned Controller Location b. M-1 R Mechanical Schedule c. M-2R AC Plan 1st Floor d. M-3R AC Plan 2nd Floor e. M-4R Mechanical Roof Plan f. M-5 Mechanical Plan Room 1 g. M-6R Mechanical Plan Room 2 h. M-7 Mechanical Control Diagrams i. M-8R Mechanical Control Diagrams j. M-11 R Air Balance Diagrams EXHIBIT A Page 8 of 8 Specification No. S-2021-1276BD APPENDIX A-1 RECORD DRAWINGS For Laboratory Building HVAC Controls Replacement at Plant No. 1 (FR1-0014) APPENDIX A-1 Specification No. S-2021-1276BD Second Floor 229 227 225 224 221 216 214 General Chemistry Lab General Chemistry Lab Electrical women Men Chromatography Organic 223 222 220 Sample Lab Instrumentation Lab 226 comv�rer 230 228 ® 21ge 217 215 Office Office Elevator Office Office 232 233 235 201 p Office Office Office i, 208 211 202 CoRoomce Office 206 Office office 231 234 200 210 212 213 Inorganic Chemistry Lab Inorganic office office Virology/ Virology/ Chemistry Bact Bacteriology Lab 203 207 209 Lab logy Lab Office Office 204 205 Office Office Office Planned HVAC DDC N Controller First Floor Location 118 ® 115 p2Li 110 104 121 Storage E 106 Electrical Mechanical Source Control log Inspectors Oceanographic 119 111 Instrumentation Lab Storage Sample LHJ 116 112 105 120 Receiving 107 Electrical 117 114 Elevatoranitoriz 113 Toxicity Lab Stair No.1 Stair No.3 tooc Stair Not 122 100A 102 103 Office Lunch Room _____ 100 Conference Room Taxonomy Lab Lobby 100B Main Entrance ORANGE COUNTY SANITATION DISTRICT LABORATORY C UNIT SCHEDULE HEATINGE L COOLING COIF„ SCHEDULE �, a �P SCHEDULE MECHANICAL ABBREVIATIONS 9 lei AC-1 4C-2 AC-3 AC-4 YaAT 1 T l r 1 h.HM 140J1? 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I \ AM KS 24 MIMR(g� I-I-'- K R ��HI� ( OGY-2 -- /0¢ - Ks m¢209 KS I I I I T KS i I I I I I I I I KS i i I I NOTE: CENTER 7-NERM097-ATS @(00%2"A30V-- C KEY PLAN ' MECHANICAL PARTIAL PLAN. 2ND._F OOR.... ... . . ...... .. ._.._: RECORD DRAWING I1N11HCH-N-Mi IIAL /RofESsip7N COUNTY SANITATION DISTRICTS OF %�20 \ONJ.A 9<<y� ORANGE COUNTY, CALIFORNIA 4 2d-73 CENTRAL LABORATORY l sf ?fF�HPN�GP` * PLANT No.1 ArF�Al1`� \P 10844 ■LLIS AVE. RECORD DRAWINGS FOUNTAIN VALLEY, CALIFORNIA QOSr'LB H/'11a1176&'W/rfG COgPORRT/O!7 THESE RECORD DRAWINGS HAVE BEEN PREPARED BASED ON INFORMATION PROVIDED BY OTHERS. THE 1501 Q-il Slrtel,P.Q Box 3030,Newpon BucA,CA 92638-9020 ENGINEER HAS NOT VERIFIED THE ACCURACY OF THIS INFORMATION AND SHALL NOT BE RESPONSIBLE FOR nw4l&3JO0 ANY ERRORS OR OMISSIONS WHAICH MAY BE HEREIN AS A RESULT. DATE /7z / DRgW1 ND' 'A� 6U 11. 9 2 PARTIAL P�.�,fJ AC .. /_ / DESK3NED 3.2 R NO. DESCRIPTION APPROVED DATE oHAwN 2Nb'FLOOR SHEET REVISIONS CHECKED NO.<07 OF/2'7 v, m__ U (2 THESE RECORD DRAWINGS°HAVE BEEN PREPARED BASED��������SED ON INFORMATION� OTHERS. THE \\ ENGINEER HAS NOT VERIFIED NOT BE RE D THE ACCURACY OF THIS INFORMATION AND S PROVIDED RE SPONSIBLE FOR C-4AR11+i9L— - ROOF t ANY ERRORS OR OMISSIONS WHAICH MAY BE HEREIN AS A RESULT. - IInIJI�i ti"�i 3'x In NHN I K�-� -,x1 KEL,W-�C1 L I fF a f' wr i'x 4 �4 O L;A) !-t FS h14kdC" ta p13 4- � 4- 41- 4+" k) l4 4 ( ` �A) 4 4-(�x'-0- A) - �,,. A 0011 u - q,.x.H ., k ,«•�m,i�,�«�.i� M3. n�_:a .,, .$:} � . ., .. ` ..... .... ,.. .�. .... . ,.. . Max, �� 4%„ OA , - ` §"'.dr.,«i �` $• 3 y El s e Gs i i , w -... -- _ l! ;. 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It nnNc 1 1 -) d C l cy fff F✓/!N<,�)✓F l.� mJk'F 7 i1b NAN t `) / a tlt�N ui kttC0wR1 4- `Efi) -o,r s.A1 as xit -( gym) l r F^ }} e ,.:... :, ,;-, -,'� e ., i,c• cr.s s+sva f�}V.-,... aattla so .v rSx vn mn..v. \ '� >v`.;a.�r�r .. +u�>?.�.:".,;,k•3,.�w .'�;xw..w x,.lr W,.,h. „}m«°« a >"."�.., ,�.rsraS�? m+m"�.?� � ,,. s r y'a€d',u,etia�•v,�.�,.�•�,��>rJ:�•wsu„ m.au..' ,v-wx ,"�.u,•,�u,�.�sv"•+ X v ,. c.m. r ..,"."w� �k- „�;'3^�•s,,.,�w.,�a,;'!�, „�z,.,,�, 3�',Y�`�`:,s„�,.1,�«` '���'.��i»�§s,.�.�,.�,.,.�re i;��',�,rs r' T -- 3' " NCH ROOF PLAN � � �^ M RECORD DRAWING kEIN F/�Y2'tLi P - CYN!INCH(IN OI'4 P �✓ S C edcr d - s AC-1,�cs..� I Abet;^r DISTRICII ✓ -,� l / `P 1 _ tar s k r + ucua c 4r ,[,Nv —14 AL OF, UR1AN6, I- liU 1 ''.r, a.ALJFO RNee,,, OS HOOD , � .^ �"`�• ��� ._... „p�.iw .� � s..+�t.," .-�.�Tl�"."J ,jf"' � I 18 . I I i �4 I� a� '. �/:�j ._.~� "`+...,........,-, ��.�,,,.�..-"••. ��t\\�d•F, 1�C, /Ooc> . -.- \\?�yd f/AC s „3d M4+IM LAN.I'd AVE... ,4 i aj t .`.IIJI n Ps aaaaaaa.MN►e XM43 E „ uMaa w�ww" EA"`av!l7EE"lno X L7X7F�gF7tN .M76'r;}} AC- ,„..w....,,,,V ,� A.,_...N�UTA-T;.,_...,_ �.__._.. ......,. y y. .1... i,r i. .m,:-.., ._.__._w_......e...._ ......, �� 4 --- . . _ y -�.� � �� P ,e...,.,..�.-,... aaptW.IK_iAk '�'�l�f ��_/ii� ��`#� ,c,a.E4 'M�rnrr -.. -. _ L 1 Gill /t�+f•d r d cc'- RECORD DRAWINGS M7 THESE RECORD DRAWI GS HAVE BEEN PREPARED BASED ON INFORMATION PROVIDED BY OTHERS. THE �� 3 2 RL ENGINEER HAS NOT VEZED THE ACCURACY OF THIS INFORMATION AND SHALL NOT BE RESPONSIBLE FOR ` �6 ANY ERRORS OR OMISSIONS WHAICH MAY BE HEREIN AS A RESULT. ""^ hEE NOTE I 4 6pr'I --T I rRl NWRne YE� I1�i I'r T�,f 4f"'�i l 'j L w/¢covaQ. 1 Cc-/ - 95 6PM W fe 190/p 60'Ab 2/7 GPM f GC-4 ^>89 GPM VACUUM[ PUHP W HI,✓S `� CC-5 - 34 GPM COM6u//On/h/R 11JUVER rlr -__---�ICI ''/fd/(( CC-6 3B GPM r�P� FH y1y CO SIR 11112 G45 GPM /,;f) WR �-." b CH �, ' Af1m./2" 1BV.FCcae) L--------:I' hEE 171 TAI(_ A f� Ex� x 1 6„ P! H• 6P EE ARCH. D/VG$'. ----- 1 �I ' THIS t7NlG. � .' IV"Nt25 2 I 6"y15 T M-9 �" AIR M-Io �h 4 i Q �II��V&_ vr_ 1 4 EX15T Q 1 d I A I S,O.V.�BL/ND FLANGE „, .f FGW FUrU.eE C6NrRA PLANT CONN. CHWS & CHWR PIPING DIAGRAM -1 0 - II FIOF WA(fiIL � HIAWS 1' PUMP,n-10 b -- �—' DETAIL A EXPAN3/ON TA/w/c 3 I 3(yohw.$ f � . l 8..2 4n wmr, d 6" 4 DtLETt - I ' A-11 � FPOM pt11LDING� �d �I 1)24 p Cfs TENT uP 7H,ev Gml -- /6�uP � ' WS € HH / �c.2 G 6 NofE: 1 /0-0 GAS� MUP 7NR41 R-1-- 7D k9/3 5'EE Mom31.00 C _.. iru P� I t1R5 fj NfZR DING fZoute� IN }�(R5T / �O_-1 4'r ..•�,....._ rrf Msi�R GetutY.� SrPGC rF�RA MCGFWNIG61- »""`^",.,.+-�,�,••^..,� <. ._'Q I hCE G'NCa M-0 WKavrf"TIA. - Gail - t --- — �-�_ \_`---1-11 I -WATER � \- TO GNILLLb NEAT ExLt(Ark3 4P 6t vJAT�R ` H-2 r & L� SEE SHEET M-6.IR FOR NEW LAYOUT = ��' v 3 puMPS 4° G� a � 1 Tw T I Gw2 4„ z7o MECHANICAL ROOM NO. 2 FLOOR PLAN 2 PI PI CHILL150 WATER 1 •,w.p..w✓..--._..• .SCALE%4' /,_/J„ _...._../"_�.. ��._�--... /�\..�--. 41EAT EX&HANGEtZ, ` -Nof WARIz puM 6uGTvO ner-uhE1K, NG� TO Y�DIt EIZh _/ I4*T =6"AR, H-2 r GAIN-�pLoN,aK a QUAL CiV/ /WP - /MD/PELT COOL/NG p/P/A . SuppzY 4� \ P I P 1 . TW TI PI TW TI PI PI r.r'-'-'-ti,,.w. ( ,_.) RECORD DRAWING" 3 1-Y LO�Lr T To N� ' CW & CWR PIPING DIAGRAM DEt.�I�C� ONL:INCHON ORIGINAL 1 it 141JF'Jl°X! {�RHNycN-AATF� SCn LE . A/On/e •...-. \7 `, j &• plp� Iµ„�tiµ p TI r1 = "'" 'VaWf l'-' COUNTY SANITATION DISTRICTS OF OALAWING VALVE. ' ° 0NA\ 1 NM1 F Tw TW AKMyTUONG C11zGUIT r�UNnl.'go !may ORANGE COUNTY, CALIFORNIA 3 GALANGING VALV> ®12 �QtW4• °1 l�. c� mt .HOT WATER •`8 S M2 273 A CENTRAL LABORATORY 1'UM P p II --GONNEG7 v NCW 13u21et7 Kell "Tw gr�FOHpNX°per * PLANT IS A P1 'fI TW PI I TW }T•hdp plhGtlJY�lE Vbl�/E, Q p F \P 10844 ELLIS AVE. f• I PIPE, 1N6TN1M PER ['Im cNAN6E I OF CALIFOR FOUNTAIN VALLEY, CALIFORNIA �Uv IN-pA ON 'rHPDTr B GHeaK 'w WuAj,(Tyr) AMWLE EnGInEERInl5CORP0Rf7T/O/7 �\+IpfM WATfiKNG011-h —P~``�.....o���.i 1501 Quail SImct.P.O.Box 3030,Newport Beach,CA 92658-9020 ��---� SUPPLEMENTAL CHILLED OAR r wN 3JM `R*V#MNO SUPPLEMENTAL HOT WATER HEATING SCHEMATIC , , �� I"�_ ec"— CLSIGNLU M"CR WATER COOLING SCHEMATIC MECHANICAL PLAN liM-2 SHEET SCALE = NTS SCALE=NTS .� _ - N0. DESCRIPTION APPROVED DATE uRAWN •'+---�.....=O' �...-..,,.-'•��•.�, __..."_'' `,�,��,,.,,••J'��,,,,,�..'�.•.�./ REVISIONS cI;ECI<Lu NO ol 1<I rvA#xf /sue' �'n log KPH y Oo../N eons i CAW RECORD DRAWINGS ^ _...--4"GATE VAI-vt;T!t'oF2. �'���c�,�`•� i,C� c�iL.. 4O[AT£MWIMUM 2'Azmv£ "' THESE RECORD DRAWINGS HAVE BEEN PREPARED BASED ON INFORMATION PROVIDED BY OTHERS. THE 4%4'xAT '�!! q F N thN GpA{7� �UjZ�77 P Vz i MAC.— 6'`O`� LFxJa MW �i'tovelz. boars wrn tw /' ENGINEER HAS NOT VERIFIED THE ACCURACY OF THIS INFORMATION AND SHALL NOT BE RESPONSIBLE FOR L'WATER MNI4 I;; •�'•`r AMC H041 ' (%�pp'� ANY ERRORS OR OMISSIONS WHAICH MAY BE HEREIN AS A RESULT. y 0 CITY WATER CONNECTION C d� �ilbl.$ , NO)' TO LiCd.LE i aorr F r - 2° IILKIGATION SUPPLY \ ,E�t 4,4 5/4 6 x L x 2 T EXPANSION TANK SUPPORT DETAIL 2 1MATESi2 M6dN f,DOU19t-�GNEGY- '=.:. �W-114- FLOW rmyeNTM :..-._. - A E" ZAG t• ' EXP,W.1'/ON TANK C1GCYl �(Vv-TW IN �EW)� P�IOW 6GAt7E ! " I'REVEM1;Iz - 11.4-10 1� .� sr.,a MONITOPW-W i COM#wI mI GG . 6'`CNltf'TO BLOC 8 CH/✓.P 6a � FIB uw- r t - EXPAN ON TANK SUPPORT DETAIL 1 u i /,0,7 SEE SHEET M-6.1 R FOR EXPANSION , % — - TANK LOCATION AND SUPPORT % coNcer� lavo ' ,' N�i}AL6 bur0 AIRYeNT / l / _ '"TM,* f) ri 9 I-IT AOVE19 12EGEp(OR. _� _ MAINOOY TEM SECTION A°CW M/o & � SCALE 1/4' = 1'O' A TILOW PIFIt,IG V-AM5�IN FlWdr AIM 6 �i "'_Nat£1 I {� C.AANwrr IYA7K.C.EI{.ING h76G6 ' TO MtsaL"ic"r IL, NIA 7-"! ,7zCNANjCAz .R/l �,� � 41M maW M-41 P'OR -,r CiK.IEM ru A '-'--- MOUNT CHILLERS TO THE PAD G GONTINUb.TION. N° ! !' __ _ N 2 _. ". A` USING 12- b x I2" LONG HOLb pIp6�TIt,41i h" '17 AN BOLTS BOLTSAevw . k 7Yp.aP2 N-1 rYP�x L <oviceErE n�-� �� - --- _ C�[I 6• �_ -- - p/ SECTION . k' ,L�.k'Y;ti�k'--- -.._ - MGP"I I w_� 6^' -....r' f t. HUpPLY ptptNG ANC7 G7tJN6GTIONGi'(o{�oVIbE v ---P____G._ ___� SCALE 1/4" = 1'O' A LdM (£ d.N�bTLM• AT ttw�xe*wAe.£Iz SUFPI.Y !a'6UT1 'FI-{ Ysv-V�i(HENRY F-qx ._�.lo 1 B \ LOM�A.NY, e•BNNEtN YA�LV£,OR EgU6L�G4¢6.5 __. ___8 MIN 6 Az-"UAI-. fill-- 14,00ATION AV-= ,GOPFV`i . 4 6p.1d6£ -(N61zMOM��p.y(SLAI-� GIYWI' I t Ne_wcrl oN onlulrJnl- 2Z00`r- AT INLET,pt� T n- RECORD DRAWING COUNTY SANITATION DISTRICTS OF %a ��� ORANGE. COUNTY, CALIFORNIA 2. INaiUI-,ATE N-I- cwCi,GWR, Nei, Hi4�. 2 _ --� ��� 4�,�c fy, APi p6R. SfEGIF1GATtrJNS. - F. �,y...A ' Z -_—. .�"_..... `r 3• ZEE Mr., M�G � oETA+�E� pIFING M_� �A?�j3 R ,utaMeNry , HEAT £%GNAW6E?6. CENTRAL LABORATORY 6 PLANT No.1 { " MECHANICAL ROOM NUMBER 1 FLOOR PLAN 3 �9\��f CAN�OPNYP FOUNTAIN VALLEY, CALIFORNIA BOs✓LE E/TG/fTEER//1G CORPORRT/QM t SCALE 1/4" = 1'0" - - - 1501 Quail Street,R O.N.3030,Newport Heaeh,CA 92658 9420 EXNAd T -UP re 2'""1L1919.P FOR uuw awo -_-` I CON"T, 'AS BUIl,'T" !L I,All 2�"to alnwlnxarlo J V. .-.__._ 931 CUll —_ _.- MECHANCAL PLANRM-1 M-5 N0. DESCRIPTION APPNOVE.D fIA.r nonwN SNkE7 REVISIONS cuttKio No.7'L or1'?li 6""CC T SLAB W21x57 W21x57 �- ¢x4"x 5/I[n L WELO TYP. Zoo GALLON EXPAN510N TANK ALARM SEE JOB ------ PANEL NO. M-039 —19 FIRE EXTINGUISHER 0000 0 _ I VACUUM PU MP e"HWR AIR I .L I I F --- -- PIPING ROUTED IN FIRSTIf DRYER I I _ _ I I I FLOOR CEILING SPACE IL._ - L- �' I G"HwS FROM MECHANICAL D•I I ----- � I I L -- - I I I ROOM I. SEE DWG.M5 3/W Roos ' 1 L---- ---I �----I FOR CONTINUATION. ENO I I VIEW Fl I AIR COMPRESSOR I '/2"Roos t- -1 I .--_.. __4 2'.4"x 5/,(L I- 6"HW5 I I I 1 I BOILER 4 I !o"HwR 1 P101 Hx-2 I i i MCCI - 5'-0 I I I I _ COMBUTION AIR LOUVER I W9 L-.JI I MCP2 FULL HEIGHT OF WALL iU I (MIN.I2"BELOW CLG.f I I MIN.12"ABOVE FLOOR) L -.------SEE ARCH.DRAWINGS 8'., L---' i EXPANSION TANK SUPPORT DETAIL I -----— -------� P4 ___ L-- BOILER 3 a"e S.O.V,f OLIND FLANGE FOR FUTURE CENTRAL 1 1 PLANT CONN. _O _ _� N O I FIRE HEATING P3 i I I EXTINGUISHER EXPANSION 001 LER 2 TANK,HUNG I ROMI [T FCEILING T3 M-lo m I 1 COMPUTER �a I I, I I , -- J r-- --- , L_-- I I 9EE JOB No.M-039 L BOI ER 1 i L ", 'r 7 m M-9 L ILo v I j ILVRPI (2)24"O GAB VENT I I UP TNRU ROOF WH-2 10">4 GA5 VENT UP TNRU ROOF IG"d UP 11 IL6 TO EF-13 SEISMIC BRACING ..-...(o"HHWS vAAWR UP TO SECOND FLOOR RECORD DRAWING �P 11,.1, SEEM-3.1 FOR CONT. '111'- COUNTY SANITATION DISTRICTS OF MECHANICAL ROOM NO. 2 FLOOR PLAN 2 RECORD DRAWINGS ORANGE COUNTY, CALIFORNIA SCALE 1/4" = 1'-0" 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 CENTRAL LABORATORY ANY ERRORS OR OMISSIONS WHAICH MAY BE HEREIN AS A RESULT. PLANT No. 1 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA URAWINc ruo - unit 9-28-93 1 " A5 BUILT" 1950 DESICNEu MECHANICAL PLAN RM-2 M-6.1 R NO. DESCRIPTION APPROVED DATE DRAWN L.E. ������ REVISIONS CHECKED NU.73A ur 129 460V, 3 RECORD DRAWINGS LL� r THESE RECORD DRAWINC S HAVE BEEN PREPARED BASED ON INFORMATION PROVIDED BY OTHERS. THE L US V/ //5V/ /¢p ENGINEER HAS NOT VERIF D THE ACCURACY OF THIS INFORMATION AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WHAICH MAY BE HEREIN AS A RESULT. M G M -INSTALED BY MIECHANICA //5 V,/45 (YI GpJfQAGTOQ fSEQUENCE 2FA0 LAG F3*NEL /I/,/'/6U - INSTALED BY rsLECTRIUL. IX' HVmm,PERArURE vuAwfirm? wCONfRACTOQ BULB IV sA D/5CHARCE os DS D-5 Ds 3/4f!F' 6-1 B 2 8 3 BRECEIVER 3-WAY FLr > Pop COW7AIOLtER tfx^G lf9L l`E SET -55 TO E 3 WAY MODULATING OvPLEx AIR con�eEssOR FAVIM CNN r R .PEfi'EAT✓ALIlE TO CNN COIL FAom CLANS ATD FLT-OIL FILTER PRV -P¢E36URE RELIEF VALVE POP -POP SAFETY Sr.r O F� ATD -AVTOYIATIC TANK DRAIN ATD FP -ELECTRIC PNEOPIATIC SWITCH F5 -FLOOR 61NK SUPPLY AIR CONTROL CC-5 & CC-6 A CONTROL AIR SUPPLY SYSTEM 'B 1 BOILER CONTROL G' ZONE CONTROL D -10 BULB YA'X0-1-Ly A/.P III1 115V, /¢ i I1 �O/JCYAR6E JET 65°F M y N /' H Rro T T M HUM/O/STAYp/CAL Ar SEE PLAN RJR LOIAT/DN NOA HOA E E DUCT THERMOSTi4T sEr -75' P-3 P-4 f/PQ P 3 R¢ yPe B UB/N SUPPLY .PECEivER COA'TiPOLLEA.' A/,Q DUCT SEE PLAN Foe LOUlrion/ M�DULAT/LAG .2ENEAJ [a/C. yP'P 3-1VAY VALVE TD.P 0-30 Af/N TC f/PP E 3 WAY YALYE--�` CAOL/LAG CO/L CC-I, CC-2, CC-3, CC WWAIS w/z HPR-14/Gh16ST PRE-SS URE RF44Y fE-S cNws HEATING HOT WATER CONTROL E SUPPLY AIR CONTROL AND DEHUMIDIFICATION CONTROL I F MAKEUP AIR REHEAT GONTROI, G SYSTEM OPERATES 24 HOURS CHILLED WATER SYSTEM. CHILLED WATER SYSTEM SHALL BE ENERGIZED WIZEN RA SP SEN50R LOCATEO//V CHILLED WATER PUMP IS ENERGIZED FROM OSA. Z - iG?ES3U,PE NOTE." PE-2 AC-2 A. CHILLER SHALL HAVE LEAD LAG CONTROL. AREA ADJACENT is G1B. HUM/O/rY- 5;�7 7n ENER6/ZE PE-3 AC-3 B./NDEVAP COOLER PUMP IS ENERGIZED WHEN OSA IS 75° OR MCWE //fR vPEIC. CHILLER CAPACITY CONTROL BY CHILLER MANUFACTURER. CONTROLLER P6-4 AC-4 DA R S SENSOR LOCATED HEATING SYSTEM CONTROL. HEATING SYSTEM PUMPS SHALL BE ENERGIZED �y //V NxG'*r1VE PR�SSU H WHEN CONTROL SYSTEM IS ENERGIZED THRU PNEUMATIC ELECTRIC SWITCH LAB AREA. PE-5. BOILER SHALL FIRE ON THEIR OWN CONTROLS TO MAINTAIN SET POINT TEMPERATURE. PTO EVAP CRXER PUMP ���P3?T���,,, �I /N AC/UN/r'$EE M-d _AC UNIT CONTROL M _6I SENSOR/N O/3GN.Ale A. PRIMARY COOLING COIL SHALL BE CONTROLLED FROM SENSOR INJ DISCHARGE AIR TO MODULATE 3 WAY CHILLED WATER VALVE TO ---- 85X RHO 60 MAINTAIN PRIMARY AIR SET POINT TEMPERATURE. /NCE7 GU/oE RECEVE.P `�„rROLER ENE B. DEHUMIDIFICATION. SPACE STAT SHALL OVERSEE THE - --------- - PRIMARY AIR TEMPERATURE CONTROL THRU HIGHEST PRESSURE RECORD DRAWIN G RELAY TO OPEN THE 3 WAY CHILLED WATER VALVE. STATIC PRESSURE CONTROL ' Y �N,\ SEN.SCR /N O/SCH AIR ( -FofESSi^ COUNTY SANITATION DISTRICTS OF HUMIDITY CONTROL. HUMIDITY SENSOR LOCATED IN DIGCFlARGE AIR SHALL ENERGIZE ! I oN l�, ORANGE COUNTY, CALIFORNIA THE DIRECT EVAP COOLER PUMP TO ADD MOISTURE TO THE AIR. PREHEAT CONTROL, CONTROLLER WITH SENSOR LOCATED DOWNSTREAM OF I,., 0273 '° CENTRAL LABORATORY PREHEAT COIL SHALL MODULATE 3 WAY VALVE TO MAINTAIN SET PO', �,.� TEMPERATURE. - •1/A. `�P� * PLANT No.1 QC, ;NCH A3`' P 10444 ELLIS AVE. ZONE CONTROL ROOMS THERMOSTAT SHALL MODULATE 3 WAY VALVE AT REHEAT ,.f'of cwL FOUNTAIN VALLEY, CALIFORNIA COIL_T0_MAMTAIN ZONE TEMPERATURE. 9Er 6'D" BOYLE E!"1G/lTEER/!TG CORPORLiTlO/7 C-/ SHONN MAKE UP AIR ZONES. DUCT THERMOSTAT SHALL MODULATE 3 WAY VALVE AT --- ------- AC-2�3�4 5/M/LAR /�E,ST REHEAT COIL. _.. 1501 Quail Street,P.O.Boa 3030,Newpon Beach,G 92658-9020 --- -- • 7NNi63300 STATIC PRESSURE CONTROL. SENSORS LOCATED IN ADJACENT SPACES SHALI, MODULATE INLET GUIDE VANES ON AC UNITS TO MAINTAIN NEGATIVE - M PRESSURE IN LAB AREAS. ECHAPYCAL CONTROL; III�Ti - AC-UNIT HUMIDITY CONTROL H SEQUENCE OF CONTROL CILAGRA MS H N0. DESCRIPTION APPROVED DATE uRgwN REVISIONS CHECKED NO.7 OF 12 460 Y, -4 0 Ai/' 1 I I I TT I T I T 1 TI I I IIIT III I I I I I I I I I I 4-Fos vs 11l os T,s s1)5 oNLy NQA NBA /10A _ ( N(14 NOA #CA N0A � Ms MS MS /V,S MS MS MS M.S AC-1 !'-s 4C.2 _ a AC•.3 ns Q/ AC-4 PE-344-1 NO,q HOA A3i's;P J HL�A _ 7 HoA F, F DIRECr EUA7? p/,pECr FVAP J D/4Ec7 E✓AP COriLE.e PUMP MGY)LER f UMP _Cm'wRT E✓AP M LoOLER F3'/M7' Cr'C1GE',e PUMP/N .9c UN/1- N iIC' UNl7 /N/1c (/N!7- /N AC UN/TTU E.F-4,EF9 TvPE 4CXYFTF /N MCP PE L.00Ar]E/N/Yc"P ! 5AV-2 PE (!i-q/7 �NMCf'' .5/M/LA.e PE [c>r,47E/NMCP Ta FF-Q EF-1 (TYPI -E PLUMB1A EF-/3 ( ....... -.-. AI r s �� 6 t 1 I I 7c.r '"�' ..���..{A t ----- ----r--- i.<//IY//�M/� Lnwvoinr,�l �/ - MOTOR HOA y� /-f1Nac! .� t--...-..__ gEUY, r/�q P?NEY. 1�, A _ GvNTRoL A/7Z M`i Abe CDOLED rtis A/R CDOLE — L" MS - MAC SrARIEe CN/LEER CN/LL ER 05 -P1srnN/1Ezr Sw J1S OiBcoNNiCT' >\ --D/SCONNECJ- rJ P-6 p_7 e7S4 o[/TS/DE AIR EF-II EF-12. P - P!/MP 11107ZW 1-4 woe'e s EF- EXHAUST l=AN 1✓/,QES - PE - P7'/EUMAT/C ELEC7RlC Sh! T Try/[.FI"___EXHAUST F $ A !LK47TE/N[VCR Q /vl fj hf - MAIN CONT&'CL 5UI Pp4V A/k CNW CNW U-sr'ST tiYeXS,s SP✓ Hcnvs. iCOWJ1✓/TCf/ FLO!✓ !/✓/TCF/ FYae EXHAUST F•4N4 EF-9 2 Ef-/n ONLY -VAL 4'NLt9R2 /P-4 H/l[7D5 s✓ASN RING GOLENO/p R EC 0 R D DRAWING �N,,.�,�,�,�;,,��;N�, VR[ E SEE P-4R - VAL.I�E .Y/LfLL OPEN N//EN FAN EF'-q /.S FNERG/2E"L� LOG4rcD ON ONdy � - - O-REFER r0 REV,# Z rix -Rov/OUS CONTROL MOD/F1o#r1oNS __ —_.�__.�. .\ p i C F ESy Q COUNTY SANITATION DISTRICTS O F /�REV/5/oN5 INLJICArED ONLY oN TH/S 5Nr• i45 SU/LTS //S V ql� ORANGE COUNTY, CALIFORNIA �K�ONLR� �y SHALL REFLECT PRE V/tIUS MOU/F/Gf1 T/OHS, P n' L p lEAD1 rH/LLEQ m �µi�1 K 0 ' 2 (� M70273 . CENTRAL LABORATORY ��!v �!/hN��P�\A/*J 10 44 ELLIS AVE. FOf-CA- FN/ FOUNTAIN VALLEY, CALIFORNIA RECORD DRAWINGS B041LE EP7G/I7E/,aI�TG COF.PORRT/On 1301 Quail Street,P.O.Box 3030,Newport Beach,CA 92658-9020 THESE RECORD DRAWINGS HAVE BEEN PREPARED BASED ON INFORMATION PROVIDED BY OTHERS. THE - - - nuao-am�^ ENGINEER HAS NOT VERIFIED p ND THE ACCURACY OF THIS INFORMATION AND SHALL NOT BE RESPONSIBLE FOR 1A1 f'AN�4 %v U// /'//tifr cNn i/c _ _- iwAwmc_p L7/c.arEo MECHANICAL CONTROL I Wm ANY ERRORS OR OMISSIONS WHAICH MAY BE HEREIN AS A RESULT. I PLA/I ce/A/d L/O n1 r,n Nr.D NO. DESCRIPTION APPROVED DATE inlnw" DIAGRAMSREVISIONS ca lrckin No.'75 GYJCHARGE fUCT/ON RECORD DRAWINGS 3r,"'S SAP 7D fUC01) T/ON suerioN oiscNARCE 5/LiE A�/Y/if'P THESE RECORD DRAWINGS HAVE BEEN PREPARED BASED ON PIPE -ZAk0- HAN INFORMATION PROVIDED BY OTHERS. THE ENGINEER HAS NOT -D4 OpO� OfQ Y CITE iG4l E VgAVE VERIFIED THE ACCURACY OF THIS INFORMATION AND SHALL NOT 6ATE YAL VE� O BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WHAICH MAY i BE HEREIN AS A RESULT. CHECK k�wz XE Q0�r1 °A`rGE POr LuN/oN F1PES 6AU6'E— O _, FEEDER STRAINER FLEX CONN CONK. ,�I FLEX FL ANGLO C2-lWeFV,.ISER jYjf�,,- ago— G/�TE VAI VE - WEL46D TEE MOTOR rWELDEO ELBO!✓ niNinun a, PyrrfP GAFROM .S P/PE O/q. / - 30fYfi5-LEG /✓ELOEO __ ' AW/✓SYS7, Sr"eAlIv •AA J � 3�7 GLQA/N COCK-► L UN/G.V ORA/N 1/AL VE TCJ J'Ur�POA'T/9'.�E I✓E/BN> Li9UN KILVE - -— --�• � � SET GP ON Y/BRA 7104' EL/M/NATOR PAO 70 U.PRY!✓E/6N7 GIB PIPE !� POT FEEDER SPLIT CASE PUMP DETAIL PIPING AT PUMPS B C.LA - GLASS _ .- EXPANSION TANK 0--0P'1VA/N RCWIVO P/N A J/E/Vr CAP z - O _--- _ uq/,V sNACLE N/rH L'V LEVEL Wr S0 GAL HANGEie +E'OO 2 ,�'�' S/B` AWN STORM COLLAR HHA 260 GAL AIDPMAL LEIWL COLD \l R 116EL�/AM 7x7 A/QC2q/'T GV GV _' _'_ `_ 1 _ - - _ rt HEAVY A/2E ROPE- FL ASHING Cnnr ChANn.EL SUPPORT -� rH/M Btu RELIEF YALVE .SRA E SE1 35 PSIG PRESSYRE AFCt-#C IIILN` /O�M/N R�OFMG OVER FL ASHAV6 s ?PSIS FOR BRA/G 1NG CONR TO. P/PE 0'7QAPEZE ANat DCWE.STIC bETA/LS "I2M /•' Cw STSTEM -"ACNA, :' ?P/C 5U/OE PIP-- TO REA Oil y-fie ( I �fA/[DEL/NES RJR SEISM/C PIPING 04 ACCESS/OLE GOG47/p/fUQ ' 3 wqr -z R?PT ���� / _M RESrR A/NTJ OG/9E[HAN/C/4{ CONNECTioN. TE2M/HATE ---- A�LMRE+fAO COdf RO.0 PLG 6YS TEJ-1S $ PLUMB/NG A/TN 3�4 HIJSt=fAVN. ( I 90' i1q, RENT GO/!rF d5 GA G.I SLEEVE AALlNO2r// ryPEIAL 5>'SrEM� PLATES 23r34.37, I IV2'CLEARANCE MMIIM F H LOLP ATG pU"1 7r0 STO ' Cso VENT LAB FRG1^I WAl•ER HEALER [xAN/o FS AIR VENT DETAIL D FLUE VENT THRU ROOF JE I F SEISMIC RESTRAINT FOR PIPING G JIfNOT fl E' COOL-LNG/CHILLED WATER PPINI6 OHITHE RaOF PE t.CGs BOLuTrED TO WF WILL IIAVE ALLIMI&JIM SACKET� ON THE 517ED 1650LATIOW METAL TACL-ETS ON THE CWLIPIG/CHILLED AND IaOT WATEF< 0' ( 9"G¢ Iq►i"w PIPE C A E POSED TO WEATHK F-WILL b ��' So FIAIyG E_R�, ` 011. STAII{LESS STECL_- Ift c1 GALVANIZED PIPE STRAP ��._._��__ %�--__..��-- x0 _- �� G, •4 9LJp REDWOOD 1 FASTEN TO REDWOOD Z SUPPORT ,fJ SLEEPER W/GALVANIZED DUCT 2/S6P a r� D LAG BOLTS cHwsscMwR NNWS4HHWR �° A�' �'A MT' N/INSULATION. FOR SIZES SEE PLANS SNIDE FLANGE jJ —AfW-HARDEN/NG ELASTOME2IG Extti;. LONG_ TAPE GoMPOU/✓O F-LEVATION. 12 ET ET LONG SEALANT" Lee ROOF SHEET METAL Lg,q O 24 GA. GALVANIZED SADDLE (TYPICAL) xd-p'ww SETA I L i SHEET METAL CAP _ �Q,eAW BAND ��Piau•r SHEET METAL FLASH/NG 7 it � �it a.is � / EXISTING ROOF ---- y42x8m$ASEkvr &LSE FLASH/NG �'m 4- plpw _9M-Wow-r+�o- -_-- OASE CONNECnON AT.VOTTOM -,T OWPOK7I-E i---- - rtY SLEEPER DETAIL K /YP F1e a cr/M Po'rIP "e .-il —SECtIc�N A-A OESs/o COUNTY SANITATION DISTRICTS OF VERTICAL HOT WATER TANK ON 3-L>aGy /�Q �pNJ. A/� ORANGE COUNTY, CALIFORNIA SPAYSiON EE ARCH.SHIELD RAGS, -'OR ROIOFiNG _ r � �M•+/�11� r m, HOP EDGE OF METAL CAP E%_ L ACK A,POUND D(/� 6" CURB �.� M 0273 A CENTRAL LABORATORY PLANT No.1 {N/rH FC F/BE,QCr(/(5$ �f9/.� H PN\GP *' 10044 ELLIS AVE. 6"x4'.30" LONG REDWOOD SLEEPER AT �NS(lL9T/ON SEISMIC RESTRAINTS �J f�CALIF`�QN FOUNTAIN VALLEY, CALIFORNIA 6'-D" 0/C. SET IN t'A.STIC C_L05URE ANGLE wELDEJD To BOYLE Er7GIrIEERIl7G CORPOR�iTJ0I7 THE DECK"ANGLE EXTENDED OVER THE BLOCKING /A3e "Ill Quail Street,P.0.Box 3030,Newpon Beach,CA 92658-9020 7MNM-3300 --I-`�O a DRAWING No. Z 4-H'.)o DATE - of/2 M-10 ROOF PIPE SUPPORT'DETAIL RECORD DRAWING "AS BUILT" 5691 DESIGNED ►aEc.�uwCALDeTA1LS H DUCT ROOF PENETRATION DETAIL I N0 DESCRIPTION APPROVED DATE DRAWN SHEET REVISIONS CHECKED No7'/ 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 WHAICH MAY BE HEREIN AS A RESULT. /ooz OS9 AC-1 EF2 EFL AC-3:= � -f _ 1 _ .. -scr�z �...�._ - .". _._ T260¢ -- - 130Bo¢•- .. 7204y Imo¢ ii-ftxJ¢ 2a'J¢ F.H. GE'N GEN R.E'Y;QOOM 9904 Faso¢ _5/�XJ¢ E34i7¢: SUPPLY AIR /00/o OSA - 45240¢ SUPPLY AIR 16V% .)SA EXHAtJSr 41R --/.5, 990¢ E'xHAasr AIR - P3 20a�C MEcJJ. ROOM No./ EXH AJR — 600 AC-1 UNIT A, AC-3 UNIT EP-S z F 4 AC-2 /oor o EF/Z- AC 9 !s'ck2f 11 --- 112W 79&9¢ /6i" -,00¢• , � � IJIOo¢ - f3'�6'ew J4,� 5C FH. ,e sttaz+oN ,5'N. G E'N. yr FN r,tl .SOD¢ .f, F JJJ a A SUPPLY A- 100% OSA - 944-80 0 �UPf�d..Y A/P /60Z OSA - 25,265 SC F.H - FUME" H000 .E HAUST AIR - e5760-¢ QO¢.. RECORD DRAWING AC-2 UNIT C AC-4 UNIT � _�J� COUNTY SANITATION DISTRICTS OF Fr:t isslor r'� 1 �y• ORANGE COUNTY, CALIFORNIA -Roo 3 pI' CENTRAL LABORATORY 4 cry / PLANT No.1 �"l,`HP�` \Q/ 10844 ELLIS AVE. q�f OF-CAl�4U�% FOUNTAIN VALLEY, CALIFORNIA AIR BALANCE DIAGRAMS sovl-eenairmEmnacvfPaRmnorl I501 Quail Strew,P.O.Boa 30A Newport Beach,CO.926E r9020 ]M/IM-370D �Q DRAWING Nn. DATE_ 1 '/j I FCRNGFtAJJGt /O — I I " f131cD AIR BAI.ANCE DIAGRAMS N0. DESCRIPTION APPROVED DATE Ds1AWN SHE REVISIONS NO.78 00217 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-1968 Agenda Date: 2/2/2022 Agenda Item No: 7. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. FE20-06 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1, Project No. FE20-06; B. Award a Construction Contract to Garney Pacific, Inc. for Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1, Project No. FE20-06 for an amount not to exceed $793,000-1 and C. Approve a contingency of $79,300 (10%). BACKGROUND Sludge Dewatering and Odor Control at Plant No. 1, Project No. P1-101, completed a new Thickening and Dewatering facility in 2020. The facility includes three thickening centrifuges and three dewatering centrifuges. The thickening centrifuges increase the sludge solids concentration to the anaerobic digesters. The dewatering centrifuges remove water from the anaerobically digested sludge to reduce biosolids hauling and disposal costs. RELEVANT STANDARDS • Comply with California Public Contract Code Section 20103.8, award construction contract to lowest responsive, responsible bidder • Maintain a proactive asset management program • 24/7/365 treatment plant reliability PROBLEM Excessive vibration is occurring in the sludge piping to the thickening centrifuges, and from the thickening centrifuges. This vibration becomes worse with increasing flows. At higher flow rates, the vibration causes excessive wear on the pumps and creates the potential for the discharge piping to Orange County Sanitation District Page 1 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1968 Agenda Date: 2/2/2022 Agenda Item No: 7. fail. Standard pipe supports are not an option because of the congestion in the ceiling area with so many other conduits, pipes, and cable trays. PROPOSED SOLUTION Award a Construction Contract for Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1, Project No. FE20-06. This project will add additional bracing, supports, and dampeners to the existing sludge piping to reduce vibration. TIMING CONCERNS Until the additional bracing, supports, and dampeners are installed, the system will continue to be operated at lower speeds to reduce the risk of damage to the piping system. In addition, additional pumps are being operated to handle the sludge demand which reduces their useful life. RAMIFICATIONS OF NOT TAKING ACTION Without this project, the facility capacity will continue to be reduced and the sludge pumps will have to continue to be operated more frequently and at lower speeds. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The technical specifications for Project No. P1-101 required the construction contractor to design and detail pipe supports. However, the pipe supports installed by the contractor did not prevent the vibration issue. OC San could not require the contractor to remedy the vibration issue for two reasons. First, the cost and complexity of designing and bracing the pipes required for this facility would have greatly exceeded what a reasonable bidder would have included in their bid. Second, the specifications did not specifically require the supports to be designed for the thrust load from the pressure in the pipe. That deficiency, however, could have been addressed by a change order had the solution not been as complex. Staff determined that the vibration issue should be addressed under a separately bid project rather than a change order to the original construction contract. This is a lesson learned. OC San now carefully considers when to require consultants to design pipe supports in detail, depending on the complexity and configuration of piping. In 2005, when the design contract was awarded, this was not the case. Construction Contract Solicitation OC San advertised Project No. FE20-06 for bids on November 2, 2021, and seven sealed bids were received on December 8, 2021. A summary of the bid opening follows: Orange County Sanitation District Page 2 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1968 Agenda Date: 2/2/2022 Agenda Item No: 7. Engineer's Estimate $ 1,000,000 Bidder Amount of Bid Garney Pacific, Inc. $793,000 Vicon Enterprise $875,000 GSE Construction Company, Inc. $884,200 Houalla Enterprises, Ltd dba Metro Builders$1,024,844 & Engineers Group, Ltd Mehta Mechanical Company, Inc. dba $1,100,000 MMC, Inc. Tharsos, Inc. $1,197,000 Kiewit Infrastructure West Co. $1,397,000 The bids were evaluated in accordance with the OC San's policies and procedures. A Notice of Intent to Award was sent to all bidders on December 29, 2021, informing them of the intent of OC San to recommend award of the construction contract to Garvey Pacific, Inc. Staff recommends awarding a Construction Contract to the lowest responsive and responsible bidder, Garney Pacific, Inc., for a total amount not to exceed $793,000. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301. A Notice of Exemption will be filed with the OC Clerk-Recorder after OC San Board of Directors approval of the construction contract. FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San's Purchasing Ordinance. This item has been budgeted (Budget Update, Fiscal Year 2021-2022, Appendix A, Page A-8, Small Construction Projects Program, Project No. M-FE) and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Construction Contract RF:dm Orange County Sanitation District Page 3 of 3 Printed on 1/25/2022 powered by LegistarTM PART A CONTRACT AGREEMENT C-CA-102621 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL .......................................................................................1 SECTION -2 MATERIALS AND LABOR................................................................4 SECTION - 3 PROJECT ........................................................................................5 SECTION -4 PLANS AND SPECIFICATIONS.......................................................5 SECTION - 5 TIME OF COMMENCEMENT AND COMPLETION..........................5 SECTION -6 TIME IS OF THE ESSENCE ............................................................5 SECTION - 7 EXCUSABLE DELAYS.....................................................................6 SECTION - 8 EXTRA WORK.................................................................................6 SECTION - 9 CHANGES IN PROJECT..................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS.............................................................................................9 SECTION - 13 COMPLETION................................................................................10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS...........................................................................12 SECTION - 16 INSURANCE ..................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION......................................................21 SECTION - 18 TERMINATION...............................................................................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-102621 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 THIS AGREEMENT is made and entered into, to be effective, this February 23, 2022, by and between Garney Pacific, Inc., hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OC SAN". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OC SAN and CONTRACTOR agree as follows: SECTION — 1 GENERAL 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 OC SAN. 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. CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 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 the date for submittal 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 iii. 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: C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 2 of 25 a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as directed. Full-size details shall take precedence over scale Drawings as to 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 OC SAN's CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 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 OC SAN, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OC SAN 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, OC SAN may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN 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-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 4 of 25 SECTION — 3 PROJECT The Project is described as: PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 SECTION —4 PLANS AND SPECIFICATIONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 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 OC SAN, unless otherwise specified therein and shall diligently prosecute the Work to completion within three hundred sixty-five (365) calendar days from the date of the "Notice to Proceed" issued by OC SAN, excluding delays caused or authorized by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes five (5) calendar days determined by OC SAN likely to be inclement weather when CONTRACTOR will be unable to work. SECTION — 6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 5 of 25 coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OC SAN, 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. OC SAN 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, "Extension of Time 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". OC SAN'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 OC SAN specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 6 of 25 In the event a Change Order is issued by OC SAN pursuant to the Contract Documents, OC SAN 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 OC SAN's ENGINEER. The decision of the ENGINEER shall be final. SECTION —9 CHANGES IN PROJECT OC SAN 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 OC SAN-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". SECTION — 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OC SAN 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 CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 7 of 25 provided in approved Change Orders, the sum of Seven Hundred Ninety-Three Thousand Dollars ($793,000) 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. OC SAN shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four (4) week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work— General". The Total amount of Progress Payments shall C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 8 of 25 not exceed the actual value of the Work completed as certified by OC SAN'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 OC SAN; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OC SAN since the commencement of the Work as determined by OC SAN; 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 OC SAN to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions —"Retained Funds; Substitution of Securities." SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions — "Retained Funds; Substitution of Securities." CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 9 of 25 SECTION — 13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General Conditions. SECTION — 14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OC SAN has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OC SAN. The CONTRACTOR C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 10 of 25 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, OC SAN 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 OC SAN, 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. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC SAN 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 CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 11 of 25 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. Registration; Record of Wages; Inspection: CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). SECTION — 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OC SAN'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 OC SAN. 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 C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 12 of 25 Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION — 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OC SAN, 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 OC SAN 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 CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 13 of 25 foregoing insurance shall not derogate from the provisions for indemnification of OC SAN 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. OC SAN 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 OC SAN premises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OC SAN herein, the requirement(s) providing the more protective coverage for both OC SAN and the Third Parties shall control and be purchased and maintained by CONTRACTOR. If CONTRACTOR maintains higher limits than the minimums shown in this Section, OC SAN requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 14 of 25 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 OC SAN, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OC SAN in connection with the planning, development and construction of the Project. In all its insurance coverages (except for Professional Liability/Errors and Omissions coverages, if applicable) related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. A. Limits of Insurance 1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury and property damage. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate limit may be equivalent to the per occurrence limit. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Four Million Dollars ($4,000,000) per occurrence and a general aggregate limit of Four Million CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 15 of 25 Dollars ($4,000,000) 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. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate limit may be equivalent to the per occurrence limit. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OC SAN 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. C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 16 of 25 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 limit of liability coverage: combined single limit of One Million Dollars ($1,000,000)for bodily injury, personal injury, and property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a form acceptable to OC SAN. 5. Workers' Compensation/EmPloyer's Liability: CONTRACTOR shall provide such workers' 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. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OC SAN. At the option of OC SAN, either: the Insurer shall reduce or eliminate such deductibles or CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 17 of 25 self-insured retentions as respects OC SAN, its Directors, officers, agents, consultants, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC SAN 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. OC SAN, 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 OC SAN 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 OC SAN shall be excess only and not contributing with insurance provided under this policy. 2. Cancellation and Policy Change Notice. The CONTRACTOR is required to notify OC SAN in writing of any insurance cancellation notice it receives or other knowledge of pending or actual insurance policy cancellation within two (2) working days of receipt of such notice or acquisition of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in writing of any change in the terms of insurance, including reduction in coverage or increase in deductible/SIR, within two (2) working days of receipt of such notice or knowledge of same. C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 18 of 25 Said notices shall be mailed to OC SAN at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division 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 "A2, 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. OC SAN recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OC SAN's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OC SAN will 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 OC SAN or its agent. E. Verification of Coverage CONTRACTOR shall furnish OC SAN with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 19 of 25 requirements herein stated. All certificates and endorsements are to be received and approved by OC SAN before Work commences. OC SAN 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. OC SAN 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 OC SAN with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability ACORD Form 25 or other equivalent certificate of insurance form 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 00 01 C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 20 of 25 b. Additional Insured Including Form CG 20 10 and Products-Completed Operations Form CG 20 37 All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN. C. Waiver of Transfer of Rights of Form CG 24 04 Recovery Against Others to Us/ Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Submit workers' compensation waiver of subrogation endorsement provided by carrier for OC SAN approval. b. Cancellation Notice No endorsement is required. However, CONTRACTOR is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article C.2., Cancellation and Policy Change Notice, above. 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 OC SAN 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 OC SAN in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OC SAN for its convenience provided that such termination is effectuated in a CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 21 of 25 manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or "Termination for Convenience", provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OC SAN, 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 OC SAN'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. OC SAN 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, OC SAN 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 OC SAN 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 C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 22 of 25 manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OC SAN 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 OC SAN unless such assignment has had prior written approval and consent of OC SAN and the Surety. SECTION —21 RESOLUTION OF DISPUTES OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OC SAN, 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 Contractor Safety Standards. [THIS SECTION INTENTIONALLY LEFT BLANK] CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 23 of 25 SECTION —23 NOTICES Any notice required or permitted under this Contract shall be sent by certified mail, return receipt requested, at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OC SAN: 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: Garney Pacific, Inc. 324 E. 11th Street, Suite E2 Tracy, CA 95376 Copy to: Bill E. Williams, President Garney Pacific, Inc. 324 E. 11th Street, Suite E2 Tracy, CA 95376 C-CA-102621 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 24 of 25 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Garney Pacific, Inc. 324 E. 11 th Street, Suite E2 Tracy, CA 95376 By Date Printed Name Its CONTRACTOR's State License No. 999415 (Expiration Date — 12/31/2022) OC SAN: Orange County Sanitation District By Date John B. Withers Board Chairman By Date Kelly A. Lore Clerk of the Board By Date Ruth Zintzun Purchasing & Contracts Manager CONFORMED C-CA-102621 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 25 of 25 EXHIBIT A SCHEDULE OF PRICES C-EXA-062221 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-062221 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—"OC SAN's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OC SAN 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. CONFORMED C-EXA-062221 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 1 of 8 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 OC SAN 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 OC SAN, 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, OC SAN 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 OC SAN's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OC SAN in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-062221 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 2 of 8 The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN'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, OC SAN 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 et. 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 OC SAN 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 OC SAN 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 OC SAN 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 OC SAN reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-062221 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 3 of 8 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 OC SAN, 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 OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN'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, OC SAN 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 OC SAN, 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-062221 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 4 of 8 acceptance by OC SAN, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OC SAN, and agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, 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 OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN 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 OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN 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, OC SAN may make Final Payment subject to resolution of those claims. OC SAN 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 OC SAN's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; CONFORMED C-EXA-062221 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 5 of 8 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. OC SAN 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-062221 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 6 of 8 ATTACHMENT 1 — 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 OC SAN 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 OC SAN 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 OC SAN 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 CONFORMED C-EXA-062221 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 7 of 8 ATTACHMENT 2 — SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Garney Pacific, Inc.) BF-14 Schedule of Prices, Pages 1-2 C-EXA-062221 CONFORMED PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 8 of 8 Bid Submitted By: Garney Pacific,Inc. (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work, whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OC SAN via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work, including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable 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. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-102121 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 1 of 2 Bid Submitted By: Gamey Pacific,Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Description Unit of Approx Unit Price Extended Price No. Measurement Qty 1 Mobilization: The amount for this Bid Item shall not exceed $50,000 of the Total Amount of Bid and shall be in conformance with the Contract Documents. All amounts included in this Bid Item greater than the allowable Lump Sum 1 = $50,000 maximum payment of $50,000 of the Total Amount of Bid shall be paid under the Bid Item#2. 2. All other portions of the Work set forth in the Contract Documents except for the Work performed in Bid Item 1: Work under this item shall Allowance 1 = $ 743,000.00 include all labor, equipment, materials, and services necessary for all other Work not specified in Bid Item 1. TOTAL AMOUNT OF BID (BASIS OF AWARD) $ 793,000.00 BF-14 SCHEDULE OF PRICES C-BF-102121 PROJECT NO. FE20-06 THICKENING AND DEWATERING BUILDING PIPE SUPPORT IMPROVEMENTS AT PLANT NO. 1 Page 2 of 2 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2074 Agenda Date: 2/2/2022 Agenda Item No: 8. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Engineering Program Contract Performance Report for the period ending December 31, 2021. BACKGROUND The Engineering Program involves awarding and managing many construction and consulting contracts. In 2008, the Orange County Sanitation District (OC San) Board of Directors began awarding contingencies along with construction and consulting contracts for the General Manager to approve construction change orders and amendments to consulting contracts up to the amount of the approved contingency. This practice reduces administrative costs, expedites resolution of project issues that arise, helps avoid contractor delay claims, and facilitates efficient management of many contracts. The Engineering Program Contract Performance Report summarizes construction and consulting contract performance and activities for the quarter ending December 31, 2021. This report is updated quarterly. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Engineering Program Contract Performance Report for the period ending December 31, 2021 JM:jw Orange County Sanitation District Page 1 of 1 Printed on 1/25/2022 powered by LegistarTM nr6SAN Engineering Program Contract Performance Report ORANGE COUNTY SANITATION DISTRICT For the Period Ending December 31, 2021 DATE: January 24, 2022 TO: Orange County Sanitation District Board of Directors FROM: James D. Herberg, General Manager Through: Kathy Millea, Director of Engineering This report summarizes the status, activities, and performance of construction contracts and consultant agreements. This report also identifies the names and status of projects being performed under master budgets for planning studies, research, small construction projects, O&M capital projects, and information technology projects. Table of Contents Part 1 — Construction Contracts page 2 Active Construction Contracts Construction Contracts Closed in Last Quarter Cumulative Change Order Rates — Closed Construction Contracts Part 2 — Engineering Services Agreements page 9 Active Engineering Services Agreements Active Task Orders by Master Agreement Part 3 - Master Budget Projects page 14 Planning Studies Status Report Research Program Status Report Small Construction Projects Program Status Report Information Technology Capital Program Status Report Operations and Maintenance Capital Program Status Report Part 4 - Supplemental Engineering Services Contract page 20 Supplemental Engineering Services Contract Status Supplemental Engineering Services Contract Labor Summary Page 1 nr6SAN Engineering Program Contract Performance Report ORANGE COUNTY SANITATION DISTRICT For the Period Ending December 31, 2021 PART 1 - CONSTRUCTION CONTRACTS Table 1 lists the Board-awarded construction contracts active as of December 31, 2021, while Table 2 lists the General Manager-awarded construction contracts. The General Manager may award contracts up to $100,000 and task orders up to $300,000. The graph below shows the number and total value of projects broken down plant and collections. OLD ONE Active Construction Contracts Plant Projects 25 Contracts $575 million Collections Projects 10 Contracts $112 million 25 unique contractors One Board-awarded construction contracts was closed in this quarter, as listed in Table 3. One construction contract awarded by the General Manager was closed in this quarter, as listed in Table 4. Page 2 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 1-Active Board-Awarded Construction Contracts as of 12/31/2021 Current Award Board Award Contract Original Current Contingency Contingency Project Contract Contractor Date %Spent Amount Change Orders Amount Contingency Contingency Used Remaining 2-72 Newhope-Placentia Trunk Replacement 2-72B Newhope-Placentia Trunk Replacement,Segment B OHL USA,INC. 06/15/2018 99% $58,242,000 $5,844,854 $64,086,854 6.5% 12.0% 10.0% 2.0% 3-62 Westminster Blvd Force Main Replacement 3-62 Westminster Blvd Force Main Replacement Teichert Energy&Utilities Group, 12/18/2019 71% $27,743,000 $759,976 $28,502,976 10.0% 10.0% 2.7% 7.3% Inc. 3-64 Rehabilitation of Western Regional Sewers 3-64B Los Alamitos Trunk Sewer Rehabilitation Steve P.Rados,Inc. 05/26/2021 6% $17,775,000 $0 $17,775,000 10.0% 10.0% 0.0% 10.0% 7-66 Sunflower and Red Hill Interceptor Repairs 7-66 Sunflower and Red Hill Interceptor Repairs Charles King Company,Inc. 07/28/2021 1% $4,777,000 $0 $4,777,000 10.0% 10.0% 0.0% 10.0% J-117 Ocean Outfall System Rehabilitation J-117B Outfall Low Flow Pump Station Shimmick Construction Co.,Inc. 12/19/2018 61% $90,200,000 $515,273 $90,715,273 8.0% 8.0% 0.6% 7.4% J-120 Process Control Systems Upgrades 1-120 Process Control Systems Upgrades ABB Inc. 07/20/2021 0% $11,818,480 $0 $11,818,480 10.0% 10.0% 0.0% 10.0% J-127 Natural Gas Pipelines Replacement at Plant Nos.1 and 2 J-127 Natural Gas Pipelines Replacement at Plant Nos.1 and Innovative Construction Solutions 07/22/2020 66% $745,500 $0 $745,500 10.0% 10.0% 0.0% 10.0% 2 J-135 Central Generation Engine Overhauls at Plant No.1 and 2 J-135A Central Generation Engine Overhaul at Plant No.1 Cooper Machinery Services LLC 03/24/2021 14% $3,705,932 $187,330 $3,893,262 20.0% 20.0% 5.1% 14.9% M-FE Small Construction Projects Program FE10-21 Area 02 Craig Regional Park Manhole Improvements Deark E&C,Inc. 07/28/2021 0% $427,400 $0 $427,400 9.9% 9.9% 0.0% 9.9% N N FE18-11 Headworks Explosive Gas Monitoring Systems at Plant Baker Electric,Inc. 3/25/2020 80% $223,984 $0 $223,984 10.0% 10.0% 0.0% 10.0% W No.land No.2 FE18-12 Erosion Control at Santa Ana River and Hamilton Ave Engineering&Environmental 09/01/2021 0% $162,281 $0 $162,281 15.0% 15.0% 0.0% 15.0% Construction FE18-14 Plant Water Pipeline Replacement in Kinnison, MMC,Inc. 12/16/2020 0% $1,134,000 $0 $1,134,000 15.0% 15.0% 0.0% 15.0% Lindstrom,and Scott Tunnels at Plant No.2 FE18-15 Plant Boiler System Relief at Plant No.2 MMC,Inc. 04/21/2021 0% $230,000 $0 $230,000 15.0% 15.0% 0.0% 15.0% FE18-16 Truck Loading Basement Drain Modifications at Plant Mehta Mechanical Company,Inc. 10/27/2021 0% $162,500 $0 $162,500 10.0% 10.0% 0.0% 10.0% No.1 FE18-19 12KV Distribution B and East RAS Pump Station Roofing O'Connell Engineering& 05/27/2020 100% $674,800 $16,664 $691,464 10.0% 10.0% 2.5% 7.5% Replacement Construction,Inc. FE19-01 Pump Station Portable Generator Connectors Pacific Industrical Electric 09/22/2021 0% $1,207,479 $0 $1,207,479 10.0% 10.0% 0.0% 10.0% FE19-04 Sunflower Pump Replacement at Plant No.1 GSE Construction Company,Inc. 10/27/2021 0% $2,123,200 $0 $2,123,200 10.0% 10.0% 0.0% 10.0% FE19-06 EPSA Motor Cooling Improvements at Plant No.2 Mehta Mechanical Company,Inc. 09/01/2021 0% $854,000 $0 $854,000 10.0% 10.0% 0.0% 10.0% Operationally-Funded Projects FR1-0007 Control Center Offices and Day Training Room Thomas Solar Energy 05/26/2021 9% $256,790 $0 $256,790 10.0% 10.0% 0.0% 10.0% Remodeling at Plant No.1 FR1-0008 Trickling Filter 480 Volt Cable Replacement at Plant No.Baker Electric,Inc. 12/22/2021 0% $251,586 $0 $251,586 20.0% 20.0% 0.0% 20.0% 1 FR2-0013 P2 Trickling Filter Sludge Pump Room Exhaust Fan MMC,Inc. 04/21/2021 0% $184,000 $0 $184,000 20.0% 20.0% 0.0% 20.0% Relocation at Plant No.2 FR2-0021 Boilers Retubing at Plant 2 RF MacDonald 02/08/20211 0% $51,250 $0 $51,250 0.0% 0.0% 0.0% 0.0% FRC-0002 Bay Bridge Pump Station Valve Replacement Innovative Construction Solutions 11/18/2020 47% $598,000 $33,647 $631,647 10.0% 55.0% 5.6% 49.4% FRC-0004 Seal Beach Pump Station Isolation Valve Replacement J.R.Filanc Construction Company, 12/16/2020 64% $466,830 $0 $466,830 20.0% 20.0% 0.0% 20.0% Inc. FRC-0013 Bay Bridge Pump Station Forcemain Isolation Valve Charles King Company,Inc. 08/25/2021 95% $289,585 $0 $289,585 50.0% 68.0% 0.0% 68.0% Replacement MP-305 Cengen Supply Air Fan Support Replacement at Plant 1.R.Filanc Construction Company, 12/16/2020 65% $297,000 $27,878 $324,878 15.0% 15.0% 9.4% 5.6% No.2 Inc. Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 1-Active Board-Awarded Construction Contracts as of 12/31/2021 Current Award Board Award Contract Original Current Contingency Contingency Project/Contract Contractor Date %Spent Amount Change Orders Amount Contingency Contingency Used Remaining M-SM-CAP Operations&Maintenance Capital Program SC19-03 Return Activated Sludge Pump Station Elevator OTIS 12/16/2020 5% $432,400 $0 $432,400 20.0% 20.0% 0.0% 20.0% Rehabilitation at Plant No.2 P1-105 Headworks Rehabilitation at Plant 1 P1-105 Headworks Rehabilitation at Plant 1 Kiewit Infrastructure West Co. 02/24/2021 7% $222,330,000 $0 $222,330,000 4.0% 4.0% 0.0% 4.0% P1-128 Headquarters Complex PI-128A Headquarters Complex at Plant No.1 Swinerton Builders 05/26/2021 5% $102,544,973 $0 $102,544,973 5.0% 5.0% 0.0% 5.0% P1-134 South Perimeter Security and Utility Improvements at Plant No.1 P1-134 South Perimeter Security and Utility Improvements at Tovey/Shultz Construction,Inc. 07/28/2021 0% $4,396,779 $0 $4,396,779 10.0% 10.0% 0.0% 10.0% Plant No.1 P1-135 Digester Ferric Chloride Piping Replacement at Plant No.1 P1-135 Digester Ferric Chloride Piping Replacement at Plant PPM Contracting(PPM) 02/02/2021 0% $515,000 $0 $515,000 10.0% 10.0% 0.0% 10.0% No.1 P2-122 Headworks Modifications at Plant No.2 for GWRS Final Expansion 32-122 Headworks Modifications at Plant No.2 for GWRS Final Shimmick Construction Co.,Inc. 01/22/2020 74% $14,487,735 $276,841 $14,764,576 10.0% 10.0% 1.9% 8.1% Expansion P2-123 Return Activated Sludge Piping Replacement at Plant 2 32-123 Return Activated Sludge Piping Replacement at Plant 2 Shimmick Construction Co.,Inc. 09/25/2019 70% $6,042,110 $228,873 $6,270,983 10.0% 10.0% 3.8% 6.2% P2-98 Primary Treatment Rehabilitation at Plant No.2 32-98A A-Side Primary Clarifiers Replacement at Plant 2 IPCL CONSTRUCTION,INC. 05/26/2021 0% $111,405,880 $0 $111,405,880 6.0% 6.0% 0.0% 6.0% 0) Total $686,756,4741 $7,891,336 $694,647,810 (D A Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 2-Active GM-Awarded Construction Contracts and Task Orders as of 12/31/2021 Current Award Original Award Contract Change Order Project/Contract Contractor Date %Spent Amount Change Orders Amount Rate Operationally-Funded Projects FR2-0024 Headworks 480V Cable Replacement at Plant No.2 J.R.Filanc Construction Company, 6/3/21 0% $259,150 $0 $259,150 0.0% Inc. Total 1 $259,150 $0 $259,150 aD m Cn Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 3-Board-Awarded Construction Contracts Closed in Last Quarter Date Board Award Final Contract Original Final Final Change Unused Project/Contract Contractor Award Date Closed Amount Change Orders Amount Contingency Contingency Order Rate Contingency P1-128 Headquarters Complex P1-128C Headquarters Complex Site Preparation Resource Environmental, 07/01/2020 10/19/21 $1,555,000 $39,557 $1,594,557 10.0% 10.0% 2.5% 7.5% Inc. Total $1,555,000 $39,557 $1,594,557 M CD CD 0) Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 4-GM-Awarded Construction Contracts and Task Order Closed in Last Quarter Date Original Award Final Contract Final Change Project/Contract Contractor Award Date Closed Amount Change Orders Amount Order Rate M-FE Small Construction Projects Program FE19-09 Newhope-Placentia Trunk Grade Separation Charles King Company,Inc. 09/21/2020 9/2/21 $298,850 $0 $298,850 0.0% II Replacement Repairs Total $298,850 $0 $298,850 m m J nriSSAN Engineering Program Contract Performance Report ORANGE COUNTY SANITATION DISTRICT For the Period Ending December 31, 2021 When the Orange County Sanitation District (OC San) Board awards a construction contract, they also approve a contingency which allows the General Manager to approve contract change orders up to the amount of the contingency. One purpose of this report is to document how much of the contingency is utilized. A contract's change order rate is only meaningful when the work is completed. As such, the change order performance charts in this report are based only on contracts closed since the Board began approving contingencies in 2008. The following chart shows how cumulative change order rates have changed for plant, collections, and all contracts since the contingency system was implemented. 12.00% Cumulative Change Order Rates Closed Construction Contracts 11.00% 10.00% -All 9.00% Collections Plant 8.00% 7.00% 6.00% 5.00% 4.00% 3.00% 2.00% opp p�p op o 000 oo oo o o o o o rl eM-1 eM-1 Vi rl e1 -1 en-1 eM-1 N N N N N Page 8 nr6SAN Engineering Program Contract Performance Report ORANGE COUNTY SANITATION DISTRICT For the Period Ending December 31, 2021 PART 2 — ENGINEERING SERVICES AGREEMENTS OC San engages engineering consultants through Professional Service Agreements (PSAs), Professional Design Services Agreements (PDSAs), Professional Construction Services Agreements (PCSAs), and Master Professional Services Agreements (Master Agreements). PDSAs are used to obtain design engineering services, and PCSAs are a subsequent agreement with the design consultant to provide support services during construction. PSAs are used for planning studies and other consultant assignments. There are currently 18 firms with active engineering services agreements, not including firms with Master Agreements. Master Agreements are issued to a pool of pre-qualified consultants for smaller projects. On those smaller projects, OC San solicits task order proposals from three or four of the firms and awards a task order to the most qualified consultant. There are currently four sets of Master Agreements. • 2012 Master Design Agreements (expired) • 2017 Master Agreements for Wastewater Treatment Planning Studies (expired) • 2018 Master Design Agreements (expired) • 2020 Master Agreements for On-Call Planning Studies • 2021 Master Design Agreements The two Master Design Agreement from 2012 and 2018, and the 2018 Master Agreements for Wastewater Planning Studies have expired, meaning no new task orders can be issued under them, but previously-issued task orders remain active until completed. Task Orders are limited by OC San Ordinance No. OCSD-56 to $300,000 per task order. A status table for all Active Engineering Services Agreements (PDSAs and PCSAs) is attached under Table 5, and a status table for all Active Task Orders by Master Agreement is attached under Table 6 (Master Agreements). Page 9 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 5-Active Engineering Services Agreements as of 12/31/2021 Award Board Award Current Contract Original Current Contingency Contingency Project Contract Type Consultant Date %Spent Amount Amendments Amount Contingency Contingency Used Remaining 2-49 Taft Branch Improvements 2-49 Taft Branch Improvements PDSA Woodward and Curran 02/03/2021 7% $2,200,000 $26,000 $2,226,000 10.0% 10.0% 1.2% 8.8% 2-72 Newhope-Placentia Trunk Replacement 2-72 Newhope-Placentia Trunk Replacement PCSA Lee&Ro 03/23/2016 90% $3,253,946 $0 $3,253,946 10.0% 10.0% 0.0% 10.0% 3-62 Westminster Blvd Force Main Replacement 3-62 Westminster Blvd Force Main Replacement PCSA Stantec Consulting Services,Inc. 12/18/2019 36% $1,183,000 $0 $1,183,000 10.0% 1 10.0% 0.0% 1 10.0% 3-64 Rehabilitation of Western Regional Sewers 3-64 Rehabilitation of Western Regional Sewers PDSA 1AECOM Technical Services,Inc. 01/27/2016 83% $17,639,250 $195,850 $17,835,100 10.0% 10.0% 1.1% 8.9% 3-64B Los Alamitos Trunk Sewer Rehabilitation PCSA JAECOM Technical Services,Inc. 05/26/2021 12% $610,000 $0 $610,000 10.0% 10.0% 0.0% 10.0% 3-67 Seal Beach Pump Station Replacement 3-67 Seal Beach Pump Station Replacement PDSA Lee&Ro 12/18/2019 81% $5,947,850 $317,032 $6,264,882 10.0% 10.0% 5.3% 4.7% 5-67 Bay Bridge Pump Station Replacement 5-67 Bay Bridge Pump Station Replacement PDSA Arcadis US Inc. 10/25/20171 30% $7,137,000 $1,750,315 $8,887,315 10.0% 35.0% 24.5% 10.5% 5-68 Newport Beach Pump Station Pressurization Improvements 5-68 Newport Beach Pump Station Pressurization PDSA Dudek 05/06/2020 54% $542,988 $0 $542,988 10.0% 10.0% 0.0% 10.0% Improvements 7-65 Gisler-Red Hill Interceptor Rehabilitation 7-65 Gisler-Red Hill Interceptor Rehabilitation PDSA JCDM Smith Inc. 09/23/2020 59% $1,754,000 $61,303 $1,815,303 10.0% 10.0% 3.5% 6.5% 7-66 Sunflower and Red Hill Interceptor Repairs 7-66 Sunflower and Red Hill Interceptor Repairs PCSA GHD 07/28/2021 7% $166,000 $0 $166,000 10.0% 10.0% 0.0% 10.0% 7-68 MacArthur Force Main Improvements 7-68 MacArthur Force Main Improvements PDSA Michael Baker International,Inc. 05/26/2021 0% $500,000 $0 $500,000 10.0% 1 10.0% 0.0% 1 10.0% J-117 Ocean Outfall System Rehabilitation 1-117B Outfall Low Flow Pump Station PCSA Brown and Caldwell 12/19/2018 45% $8,563,913 $692,120 $9,256,033 10.0% 10.0% 8.1% 1.9% N J-124 Digester Gas Facilities Replacement 1-124 Digester Gas Facilities Replacement PDSA I Brown and Caldwell 11/15/2017 95% $11,770,000 $903,117 $12,673,117 10.0% 10.0% 7.7% 2.3% 0 J-98 Electrical Power Distribution System Improvements 1-98 Electrical Power Distribution System Improvements PDSA Brown and Caldwell 01/29/2020 54% $2,240,000 $92,078 $2,332,078 10.0% 10.0% 4.1% 5.9% 1-98 Electrical Power Distribution System Improvements PSA SEL Engineering Services,Inc. 02/26/2020 8% $1,296,878 $0 $1,296,878 10.0% 10.0% 0.0% 10.0% M-FR-830 Master Operationally Funded FR3-0007 Control Center Offices and Day Training Room PSA AECOM Technical Services,Inc. 01/15/2020 8% $81,351 $0 $81,351 0.0% 0.0% 0.0% 0.0% Remodeling at Plant No.1 M-STUDIE!Planning Studies Program PS17-03 Active Fault Location Study at Plant No.2 PSA Lettis Consultants International,Inc. 03/06/2019 0% $868,286 $12,500 $880,786 10.0% 10.0% 1.4% 8.6% PS18-09 Ocean Outfall Condition Assessment and Scoping PSA Carollo Engineers,Inc. 03/25/2020 0% $2,744,000 $0 $2,744,000 10.0% 40.0% 0.0% 40.0% Study PS20-02 Collection System Flow Level Monitoring Study PSA Woodward and Curran 7/28/21 0% $616,562 $0 $616,562 10.0% 10.0% 0.0% 10.0% P1-105 Headworks Rehabilitation at Plant 1 P1-105 Headworks Rehabilitation at Plant 1 PCSA lCarollo Engineers,Inc. 03/02/2021 7% $16,500,000 $0 $16,500,000 10.0% 10.0% 0.0% 10.0% PS-105 Headworks Rehabilitation at Plant 1 PDSA Carollo Engineers,Inc. 05/27/2015 96% $17,528,957 $8,059,598 $25,588,555 10.0% 51.0% 46.0% 5.0% P1-128 Headquarters Complex PS-128 Headquarters Complex PDSA HDR Engineering,Inc. 06/22/2016 94% $11,785,709 $1,148,553 $12,934,262 10.0% 10.0% 9.7% 0.3% P1-128C Headquarters Complex Site Preparation PCSA HDR Engineering,Inc. 07/01/2020 20% $178,000 $0 $178,000 10.0% 10.0% 0.0% 10.0% PS-128A Headquarters Complex at Plant No.1 PCSA HDR Engineering,Inc. 05/26/2021 5% $4,900,000 $0 $4,900,000 10.0% 10.0% 0.0% 10.0% P1-128A Headquarters Complex at Plant No.1 PSA AECOM Technical Services,Inc. 04/28/2021 5% $6,750,000 $0 $6,750,000 10.0% 10.0% 0.0% 10.0% P3-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No.1 P1-129 Return Activated Sludge Piping Replacement at PCSA AECOM Technical Services,Inc. 07/24/2019 89% $140,000 $0 $140,000 10.0% 10.0% 0.0% 10.0% Activated Sludge Plant No.1 P3-132 Uninterruptable Power Supply Improvements at Plant 1 PS-132 Uninterruptable Power Supply Improvements at PDSA Tetra Tech,Inc. 10/23/2019 89% $784,680 $62,755 $847,435 10.0% 10.0% 8.0% 2.0% Plant 1 P3-133 Primary Sedimentation Basins No.6-31 Reliability Improvements at Plant No.1 P1-133 Primary Sedimentation Basins No.6-31 Reliability PDSA Carollo Engineers,Inc. 09/25/2019 98% $1,219,667 $0 $1,219,667 10.0% 10.0% 0.0% 10.0% Improvements at Plant No.1 P3-134 South Perimeter Security and Utility Improvements at Plant No.1 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 5-Active Engineering Services Agreements as of 12/31/2021 Award Board Award Current Contract Original Current Contingency Contingency Project Contract Type Consultant Date I %Spent Amount Amendments Amount Contingency Contingency Used Remaining P1-134 South Perimeter Security and Utility Improvements PCSA HER Engineering,Inc. 07/28/2021 6% $235,000 $0 $235,000 10.0% 10.0% 0.0% 10.0% at Plant No.1 P2-122 Headworks Modifications at Plant No.2 for GWRS Final Expansion P2-122 Headworks Modifications at Plant No.2 for GWRS PCSA CDM Smith Inc. O1/15/2020 50% $2,200,000 $0 $2,200,000 10.0% 10.0% 0.0% 10.0% Final Expansion P2-123 Return Activated Sludge Piping Replacement at Plant 2 P2-123 Return Activated Sludge Piping Replacement at Plant PCSA SPEC Services,Inc. 09/25/2019 98% $252,329 $0 $252,329 10.0% 10.0% 0.0% 10.0% 2 P2-124 Interim Food Waste Receiving Facility P2-124 Interim Food Waste Receiving Facility PDSA Kennedy/Jenks Consultants 09/05/2018 100% $695,000 $31,168 $726,168 10.0% 10.0% 4.5% 5.5% P2-128 TPAD Digester Facility at Plant 2 P2-128 TPAD Digester Facility at Plant 2 PDSA Brown and Caldwell 06/23/2020 17% $39,300,000 $93,380 $39,393,380 10.0% 10.0% 0.2% 9.8% P2-98 Primary Treatment Rehabilitation at Plant No.2 P2-98 Primary Treatment Rehabilitation at Plant No.2 PDSA Black&Veatch 07/27/2016 100% $18,141,423 $1,593,582 $19,735,005 10.0% 10.0% 8.8% 1.2% P2-98B B/C-Side Primary Clarifiers Interim Repair at Plant 2 PCSA Black&Veatch O1/23/2019 55% $549,534 $0 $549,534 10.0% 10.0% 0.0% 10.0% P2-98A A-Side Primary Clarifiers Replacement at Plant 2 PCSA Black&Veatch 05/26/2021 3% $8,400,000 $0 $8,400,000 10.0% 10.0% 0.0% 10.0% SP-196 Process Control Systems Upgrades Study SP-196 Process Control Systems Upgrades Study I PSA IStantec Consulting Services,Inc. 03/01/20181 1% $1,389,866 $108,966 $1,498,832 10.0% 10.0% 7.8% 2.2% Total $200,065,189 $15,148,317 $215,213,506 **This PSA was awarded by the General Manager because it is less than$100,000. N to N Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 6-Active Task Orders by Master Agreement as of 12/31/2021 Master Agreement/Project Consultant Award Date Original Task Amendments Current Task Order Value Order Value 2012 Master Professional Design Service Agreements(Expired) FE10-21 Area 02 Craig Regional Park Manhole Improvements GHD 10/8/2012 $58,440 $41,560 $100,000 2017 Master Agreements for Wastewater Treatment Planning Studies PS18-11 ETAP Model Updates for Plant Nos 1 and 2 Brown and Caldwell 3/17/2020 $227,412 $0 $227,412 PS19-03 Laboratory Rehabilitation Feasibility Study HDR Engineering,Inc. 10/20/2020 $274,888 $0 $274,888 2018 Master Professional Design Service Agreements FR2-0013 Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No.2 AECOM 11/6/2019 $75,120 $0 $75,120 FE19-02 Cengen Plant Water Pipe Replacement at Plant No.1 AECOM 04/30/2020 $156,498 $0 $156,498 FE19-11 Primary Clarifiers Nos.6-31 Lighting and Alarm Improvements at Plant No.1 AECOM 9/15/2020 $226,685 $6,137 $232,822 FE19-13 VFD Replacements at Seal Beach Pump Station AECOM 3/12/2021 $78,033 $0 $78,033 m N FE20-01 Wastehauler Station Safety and Security Improvements AECOM 3/12/2021 $161,012 $0 $161,012 FR2-0022 Digester O Structural Repairs at Plant No.2 AECOM 4/6/2021 $46,115 $0 $46,115 J-127 Natural Gas Pipelines Replacement at Plant Nos.1 and 2 Black&Veatch 1/21/2019 $271,964 $28,036 $300,000 FE19-03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No.1 Black&Veatch 9/1/2020 $244,728 $55,272 $300,000 FR1-0011 VFD Replacements at Plant No.1 Black&Veatch 3/30/2021 $283,000 $17,000 $300,000 FE18-14 Plant Water Pipeline Replacement in Kinnison,Lindstrom,and Scott Tunnels at Plant Dudek 11/6/2019 $108,308 $0 $108,308 No.2 P1-135 Digester Ferric Chloride Piping Replacement at Plant No.1 Dudek 2/19/2020 $127,174 $0 $127,174 FE20-04 Cengen Cooling Water Pipe Replacement at Plant No.2 Dudek 5/18/2021 $240,000 $0 $240,000 FE20-08 Olive Sub-Trunk Siphon Rehabilitation at Santa Ana River Dudek 6/15/2021 $240,000 $0 $240,000 FE18-16 Truck Loading Basement Drain Modifications at Plant No.1 GHD,Inc. 12/4/2019 $70,130 $18,365 $88,495 FE18-13 Redhill Relief Sewer Relocation at State Route 55 GHD,Inc. 3/27/2020 $168,612 $54,883 $223,495 FE19-10 Digesters C,D,F,G,and I Gas Balance Lines Replacement at Plant No.2 GHD,Inc. 1/19/2021 $25,000 $58,000 $83,000 FE20-07 Santa Ana Trunk Rehabilitation at Plant No.1 GHD,Inc. 5/4/2021 $100,625 $0 $100,625 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 6-Active Task Orders by Master Agreement as of 12/31/2021 Master Agreement/Project Consultant Award Date Original Task Amendments Current Task Order Value Order Value FE20-03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No.1 GHD,Inc. 6/15/2021 $249,000 $0 $249,000 FRC-0009 Bitter Point Trunk Sewer Repair at Bitter Point Pump Station GHD,Inc. 6/15/2021 $159,451 $0 $159,451 FE18-19 12KV Distribution Center B and East RAS Pump Station Roof Replacement HDR Engineering,Inc. 09/16/2019 $74,771 $8,672 $83,443 FE18-20 Blower Building No.1 Air Compressors at Plant No.1 HDR Engineering,Inc. 8/18/2020 $243,954 $11,982 $255,936 FE20-02 Digester C,D,F,and G Mechanical Rehabilitation at Plant No.2 HDR Engineering,Inc. 3/2/2021 $188,212 $22,396 $210,608 FE18-15 Plant Boiler System Relief at Plant No.2 IDS Group,Inc. 10/22/2019 $23,299 $0 $23,299 FE18-06 CenGen Instrument Air Compressors Replacement at Plant No.1 and No.2 IDS Group,Inc. 04/28/2020 $89,876 $0 $89,876 FE19-06 EPSA Motor Cooling Improvements at Plant No.2 IDS Group,Inc. 05/05/2020 $88,206 $0 $88,206 FE20-09 CenGen Smoke Detection Improvements at Plant No.1 and No.2 IDS Group,Inc. 6/15/2021 $63,275 $0 $63,275 FE20-05 Plant Water Piping Replacement at Secondary Clarifiers 1-26 at Plant No.1 IDS Group,Inc. 6/15/2021 $186,626 $0 $186,626 m w FRC-0010 Warner Avenue Vault Cover Improvements Kleinfelder,Inc. 11/10/2021 $205,000 $0 $205,000 2020 Master Agreements for On-Call Planning Studies PS20-01 Collections Yard Relocation Feasibility Study AECOM 4/30/2020 $147,181 $0 $147,181 PS20-04 Power Generation Overhaul Feasibility Study Brown and Caldwell 4/6/2021 $122,748 $101,518 $224,266 RE20-02 Chemical Resilience Study Hazen and Sawyer 6/1/2021 $278,784 $0 $278,784 PS20-03 Truck Loading Bay Odor Control Improvements Study at Plant No.2 Hazen and Sawyer 7/20/2021 $226,021 $0 $226,021 2021 Master Professional Design Service Agreements FRC-0010 Warner Avenue Vault Cover Improvements Kleinfelder,Inc. 11/10/2021 $205,000 $0 $205,000 SC19-06 EPSA Standby Power Generator Control Upgrades at Plant No.2 SPEC Services,Inc. 11/2/2021 $241,153 $0 $241,153 Total $5,976,301 $423,821 $6,400,122 nr6SAN Engineering Program Contract Performance Report ORANGE COUNTY SANITATION DISTRICT For the Period Ending December 31, 2021 PART 3 — MASTER BUDGET PROJECTS The Board-adopted budget for Fiscal Years 2020-21 and 2021-22 includes master program budgets that allow staff to more quickly initiate, execute, and manage smaller projects that fit within the scope of a particular program. The projects chartered under these program budgets are referred to as sub-projects and are managed to the same standards as projects specifically listed in the adopted budget. A status table for each of these programs listing the sub-projects is attached. Master Program Title Status Table Planning Studies Program Table 7 Research Program Table 8 Small Construction Projects Program Table 9 Information Technology Capital Program Table 10 Operations & Maintenance Capital Program Table 11 Page 14 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 7-Planning Studies Status Report Project Number Project Name Status Allocated Budget PS15-02 Edinger Pump Station Rehabilitation Study Closed $ 782,840 PS16-02 SCE Feed Reliability Improvements Study Closed $ 215,605 PS17-03 Active Fault Location Study at Plant No.2 Active $ 1,300,000 PS17-08 CECA-Facilities Master Plan Closed $ 999,966 PS18-06 Go/No-Go Lights and Signage Active $ 495,000 PS18-09 Ocean Outfall Condition Assessment and Scoping Study Active $ 4,205,117 PS18-11 ETAP Model Updates for Plant No.2 Closed $ 360,022 PS19-03 Laboratory Rehabilitation Feasibility Study Active $ 450,000 PS20-01 Collections Yard Relocation Feasibility Study Active $ 375,000 PS20-02 Collection System Flow Level Monitoring Study Active $ 743,218 PS20-03 Truck Loading Bay Odor Control Improvements Study at Plant No.2 Active $ 383,682 PS20-04 Power Generation Overhaul Feasibility Study Active $ 320,000 PS20-05 Cen Gen Pressure Vessel Integrity Assessment at Plant Nos.land 2 Active $ 400,000 PS20-07 College Pump Station Wet Well Condition Assessment Study Active $ 200,000 PS20-08 Euclid Trunk Sewer Hydraulic Modeling and Odor Control Analyses Active $ 500,000 PS20-09 Thickening&Dewatering Plant Water Study at Plant No.7 Active $ 400,000 PS21-01 Exterior Lighting Study at Plant Nos.1 and 2 Active $ 550,000 PS21-02 Public Announcement and Fire System at Plant Nos.1 and 2 Active $ 500,000 PS21-03 Process Model for Denitrification Alternatives at Activated Sludge I Active $ 50,000 PS21-04 Energy and Digester Gas Master Plan Active $ 1,102,000 Grand Total $ 14,332,450 Number of Chartered Projects 20 Board Approved Program Budget $ 28,652,000 Remaining Unallocated Budget $ 14,319,550 Page 15 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 8-Research Program Status Report Project Number Project Name Status Allocated Budget RE17-02 Biogas Scrubber Evaluation Closed $ 767,362 RE19-01 Primary Scum Equipment Evaluation at Plant No.1 Active $ 69,853 RE20-01 Co-Thickened Sludge Density Meter Trial atl Plant No.1 Active $ 121,000 RE20-02 Chemical Resilience Study at Plant No.1 and 2 Active $ 329,996 RE20-04 Holding Digester 6 Solids Shredder Study at Plant No.1 Active $ 95,000 RE20-06 Co-Thickened Sludge Pump Trial at Plant No.1 Active $ 160,000 RE21-01 Supercritical Water Oxidation Demonstration at Plant No.1 Active $ 6,890,000 Grand Total $ 8,433,211 Number of Chartered Projects 7 Board Approved Program Budget $ 8,500,000 Remaining Unallocated Budget $ 66,789 Page 16 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 9-Small Construction Projects Program Status Report Project Number Project Name Status Allocated Budget FE10-21 Area 02 Craig Regional Park Manhole Improvements Active $ 1,359,000 FE14-05 Plant No.1 Fleet Services UST Leak Remediatior Closed $ 1,202,568 FE15-07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Closed $ 2,800,988 FE17-01 Carbon Canyon Pipeline Sag Repairs Closed $ 833,949 FE17-03 Battery Storage System at Plant No.1 Active $ 650,000 FE17-05 Plant 1 ICS Network Extension Active $ 1,050,000 FE18-06 CenGen Instrument Air Compressors Replacement at Plant No.1 Active $ 1,450,000 FE18-08 West Trunk Bypass Sewer Realignment Active $ 158,000 FE18-11 Headworks Explosive Gas Monitoring Systems at Plant No.1 and No.2 Active $ 605,000 FE18-12 Erosion Control at Santa Ana River and Hamilton Ave Active $ 445,000 FE18-13 Redhill Relief Sewer Relocation at State Route 5E Active $ 2,840,000 FE18-14 Plant Water Pipeline Replacement in Kinnison,Lindstrom,and Scott Tunnels at Plant No.: Active $ 1,895,000 FE18-15 Plant Boiler System Relief at Plant No.2 Active $ 560,000 FE18-16 Truck Loading Basement Drain Modifications at Plant No.1 Active $ 592,000 FE18-17 Trunkline Sampler Power Feed at Plant No 2 Closed $ 248,993 FE18-19 12KV Distribution B and East RAS Pump Station Roofing Replacement Active $ 1,188,000 FE18-20 DAFT Air Compressors Replacement at Plant No.1 Active $ 1,200,000 FE19-01 Pump Station Portable Generator Connectors- Active $ 2,570,000 FE19-02 Cengen Plant Water Pipe Replacement at Plant No.1 Active $ 2,250,000 FE19-03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No.1 Active $ 3,200,000 FE19-04 Sunflower Pump Replacement at Plant No.1 Active $ 6,300,000 FE19-06 EPSA Motor Cooling Improvements at Plant No.2 Active $ 1,475,000 FE19-08 Secondary Treatment VFD Replacements at Plant No.2 Active $ 3,337,000 FE19-09 Newhope-Placentia Trunk Grade Separation Replacement Repairs Active $ 500,000 FE19-10 Digesters C,D,F,G and I Gas Balance Lines Replacement at Plant No.2 Active $ 1,200,000 FE19-11 Primary Clarifiers Nos.6-31 Lighting and Alarm Improvements at Plant No.1 Active $ 1,250,000 FE19-12 Rebuild Shop Fume Extractor Installation at Plant No 1 Active $ 365,000 FE19-13 VFD Replacements at Seal Beach Pump Station Active $ 690,000 FE20-01 Wastehauler Station Safety and Security Improvements Active $ 830,000 FE20-02 Digester C,D,F,and G Mechanical Rehabilitation at Plant No.2 Active $ 2,800,000 FE20-03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No.] Active $ 4,250,000 FE20-04 Cengen Cooling Water Pipe Replacement at Plant No.2 Active $ 3,500,000 FE20-05 Plant Water Piping Replacement at Secondary Clarifiers 1-26 at Plant No.1 Active $ 1,545,000 FE20-06 Thickening and Dewatering Building Pipe Support Improvements at Plant No.1 Active $ 1,500,000 FE20-07 Santa Ana Trunk Rehabilitation at Plant No.1 Active $ 1,240,000 FE20-08 Olive Sub-Trunk Siphon Rehabilitation at Santa Ana Rivei Active $ 1,850,000 FE20-09 CenGen Smoke Detection Improvements at Plant No.1 and No.2 Active $ 600,000 FE20-10 Adolfo Lopez Chemical Dosing Station Installatior Active $ 1,000,000 FE21-01 Plasma Cutting Fume Extractor installation at Plant No.1 Rebuild ShoF Active $ 277,000 FE21-02 Lighting Improvements Boiler and Sludge Dewatering Areas at Plant No.1 Active $ 320,000 FE21-04 Thickening and Dewatering Facility Handrail Installation at Plant No.] Active $ 230,000 Grand Total $ 62,157,498 Number of Chartered Projects 41 Board Approved Program Budget $ 90,000,000 Remaining Unallocated Budget $ 27,842,502 Page 17 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 10-Information Technology Capital Program Status Report Project Number Project Name Status Allocated Budget IT16-11 Business Continuity Plan Closed $ 117,600 IT17-06 Printer Obsolescence Closed $ 335,141 IT17-07 Safety Management Suite Closed $ 95,900 IT17-10 Electronic Operator Round Form Active $ 45,000 IT17-12 Sever/Network Power Improvements Active $ 90,000 IT17-14 Specialized Application Programing&Support Closed $ 114,296 IT18-03 Timecard Systems Upgrade Closed $ 78,696 IT18-09 Records Management Information System Active $ 323,591 IT18-10 Board Services Management System Closed $ 50,596 IT19-01 IT Safety VPP Systems(IT19-01) Active $ 210,000 IT19-05 IT P1&P2 Data Refresh(IT19-05) Active $ 1,200,000 IT20-04 Cyber Security Program(IT20-04)6520004 Active $ 150,000 IT20-05 Client Management Modernization(ICE-69_IT20-05)6520005 Active $ 99,000 IT20-06 Nintex Workflow Cloud Implementation(ICE-75_IT20-06)6520006 Active $ 350,000 IT20-07 Professional Services for Valo/SharePoint(ICE-74_IT20-07)6520007 Active $ 100,000 IT20-08 Field Computer for Nerissa and Interface with LIMS(ICE-68_IT20-07)6520008 Active $ 121,000 IT20-09 ITSM Migration(ICE-70_IT20-09)6520009 Active $ 275,000 IT20-10 Digitize Quality Assurance Tracking Processes/TNI/ELAP StandardslCE-76_IT20-10)6520010 Active $ 145,700 IT20-11 Sewer Agency Fee System 2(SAFS 2)Upgrade(ICE-77 IT20-11)6520011 Active $ 42,042 IT20-12 Web-based Cloud Proxy Security with an Isolation Platform(ICE-78_6520012) Active $ 50,000 IT21-01 Access Network Equipment Obsolescence Replacement(ICE-79_IT21-01)6521001 Active $ 1,249,500 IT21-02 Hyper Converged Infrastructure for Plant 1 ICS network(ICE-80 IT21-02)6521002 Active $ 492,800 IT21-03 Door Access Control System for P2 Construction Management Trailers(ICE-83_IT21-03652100; Active $ 79,706 IT21-04 Databridge Scale Management Software(ICE-84_IT21-04) Active $ 39,263 Grand Total $ 5,854,831 Number of Chartered Projects 24 Board Approved Program Budget $ 10,000,000 Remaining Unallocated Budget $ 4,145,169 Page 18 Engineering Program Contract Performance Report for Quarter Ending 12/31/2021 Table 11-Operations& Maintenance Capital Program Status Report Project Number Project Name Status Allocated Budget MP-276-1 Central Generation Engine Overhauls at Plant No.1 and Plant No. Active $ 5,900,000 SC17-01 CENGEN#1 Elevator Rehab Closed $ 110,020 SC17-03 CenGen Oil Filter Platform Closed $ 277,753 SC18-01 P1 Primary Clarifier Fall Protection Improvements Closed $ 50,000 SC18-05 P1 Laboratory HVAC Boiler Burner Replacement At Plant No.] Active $ 455,000 SC18-08 MacArthur Pump Station-FM Valve Replacement Closed $ 71,068 SC18-09 Admin Bldg UPS System Replacement Closed $ 81,332 SC19-02 Truck Loading-Conveyors 3&6(SC19-02) Closed $ 205,300 SC19-03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No.: Active $ 890,000 SC19-05 as the Lido PS UPS Replacement Closed $ 79,317 SC19-06 EPSA Standby Power Generator Control Upgrades at Plant No.2 Active $ 1,600,000 SC19-07 Sunflower Pump Station Gearbox Swing Unit Purchase Closed $ 215,988 SC20-02 Ocean Outfall Booster Station Elevator Rehabilitatior Active $ 410,000 SC21-01 P1 Blower Bldg Turbine Gen Con Closed $ - Grand Total $ 10,345,778 Number of Chartered Projects 14 Board Approved Program Budget $ 15,622,000 Remaining Unallocated Budget $ 5,276,222 Page 19 nr6SAN Engineering Program Contract Performance Report ORANGE COUNTY SANITATION DISTRICT For the Period Ending December 31, 2021 PART 4 — SUPPLEMENTAL ENGINEERING SERVICES CONTRACT In May 2016, OC San Board of Directors approved a $41 million professional services agreement with Jacobs Project Management Co. to provide supplemental engineering and support staff services for a four-year term with the option of three one-year renewals. The benefits of using a supplemental engineering services contract, as opposed to hiring full-time staff or limited-term employees, include rapid mobilization of highly skilled/technical staff, flexibility to change the mix of staff positions on an immediate and as-needed basis, the ability to reduce staff as workloads decrease, access to technical experts to support special tasks, and access to staff with wastewater project experience. A status table for the supplemental engineering services contract summary is attached under Table 12, and the supplemental engineering services labor summary can be found under Table 13. Table 12—Supplemental Engineering Services Contract Status Total Fees Time Contract $41,000,000 86 months (1) Actuals to Date $28,862,907 70% 68 months 79% Remaining $12,137,093 30% 18 months 21% (1)Assuming one more 1-year extension Table 13-Supplemental Engineering Services Labor Summary This Quarter Inception to Date Labor Hours 9,621 210,607 Full Time Equivalents 21.4 20.6 Labor Costs (no expenses) $1,535,350 $28,181,186 Average Hourly Rate $160 $134 Page 20 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2087 Agenda Date: 2/2/2022 Agenda Item No: 9. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: CHANGE ORDER TO WESTAIR GASES AND EQUIPMENT FOR PLANT NO. 2 LIQUID OXYGEN EMERGENCY PURCHASE ORDER NO. 107389-OB GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Change Order to Purchase Order No. 107389-OB, with WestAir Gases and Equipment, for an additional amount of $180,000 for Plant No. 2 liquid oxygen, for the period of February 1, 2022 through August 19, 2022, for a unit price of $0.50 per 100CF, delivery $180, hazmat $20, and fuel charge $20, for a total estimated annual amount of $275,000-1 and B. Approve a (15%) unit price contingency. BACKGROUND The Orange County Sanitation District's (OC San) Plant No. 2 facility requires liquid oxygen for the secondary treatment process which must operate effectively in order to maintain compliance with our ocean discharge permit. Due to the spread of COVID-19, hospitals and other healthcare facilities in Southern California are utilizing additional oxygen for COVID-19 treatment. OC San's primary oxygen supplier has been unable to provide all the oxygen required to meet Plant demand. Last year a second oxygen supplier, WestAir Gases and Equipment, was contracted to provide supplemental delivery of liquid oxygen when our primary source (Airgas USA, LLC) is limited or unavailable. RELEVANT STANDARDS • Comply with environmental permit requirements • Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PROBLEM The current liquid oxygen Emergency Purchase Order is low on funds. This emergency purchase order is required to ensure a stable oxygen supply. Orange County Sanitation District Page 1 of 2 Printed on 1/26/2022 powered by LegistarTM File #: 2022-2087 Agenda Date: 2/2/2022 Agenda Item No: 9. PROPOSED SOLUTION Approve a Change Order to add funds to the Purchase Order with WestAir Gases and Equipment for the purchase of liquid oxygen. TIMING CONCERNS OC San requires additional funds to be in place so the existing supplemental supplier will be available during the agreement term through August 19, 2022. RAMIFICATIONS OF NOT TAKING ACTION Without the additional funding, the supplemental supply of liquid oxygen would discontinue, increasing the risk that OC San would not be able to provide effective secondary treatment at Plant No. 2. This risk could result in process upsets, ocean discharge permit violations, and regulatory penalties PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA N/A FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San's Purchasing Ordinance. This item has been budgeted in the FY 2021-2022 Operating Budget, Division 840, Plant No. 2. (Line item: Supplies, Section 6, Page 88). Date of Approval Contract Amount Contingency 02/23/2022 $275,000 15% ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: N/A MPV:JL:JS:cf:gc Orange County Sanitation District Page 2 of 2 Printed on 1/26/2022 powered by LegistarTM Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2086 Agenda Date: 2/2/2022 Agenda Item No: 10. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: QUARTERLY ODOR COMPLAINT REPORT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Fiscal Year 2021-22 Second Quarter Odor Complaint Report. BACKGROUND During the second quarter of FY 2021-22, the Orange County Sanitation District (OC San) had the following attributable odor complaints: Plant No. 1 had no attributable odor complaints, Plant No. 2 had no attributable odor complaints, and the collection system had no attributable odor complaints. A summary of the odor complaints with a table tracking the history is included as an attachment. RELEVANT STANDARDS • Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2 • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • 12 or fewer odor complaints per year under normal operating conditions in the collection system ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • FY 2021-22 Second Quarter Odor Complaint Report PP:BR:cr:gc Orange County Sanitation District Page 1 of 1 Printed on 1/25/2022 powered by LegistarTM Orange County Sanitation District Odor Complaint Report Fiscal Year 2021/22 — 2nd Quarter 1. Plant No. 1 Treatment Facility Odor Complaint Summary Plant No. 1 received no attributable odor complaints during the 2nd quarter. Plant No. 2 Treatment Facility Odor Complaint Summary Plant No. 2 received no attributable odor complaints during the 2nd quarter. 2. Collections Facilities Odor Complaint Summary The Collection System received no attributable odor complaints during the 2nd quarter. All Odor Complaints Tracking 1 st Qtr 2nd Qtr 3 d Qtr 4th Qtr Oct. 2021 to Dec. 2021 FY FY FY FY Cumulative 21/22 21/22 21/22 21/22 FY 21/22 All Public Collections P1 P2 Total Total Total Total Total Complaints Attributable 0 0 0 2 0 2 to OC San Not Attributable 4 2 0 5 6 11 to OC San Total Public Complaints 4 2 0 7 6 13 Received: Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2076 Agenda Date: 2/2/2022 Agenda Item No: 11. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-133 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Primary Sedimentation Basins No. 6- 31 Reliability Improvements at Plant No. 1, Project No. P1-133; B. Award a Construction Contract to Shimmick Construction Company, Inc. for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133, for an amount not to exceed $6,275,000-1 and C. Approve a contingency of $627,500 (10%). BACKGROUND Primary treatment is the second step in the process at Orange County Sanitation District (OC San) Reclamation Plant No. 1. Primary treatment removes approximately 75% of the suspended solids from raw wastewater prior to the secondary treatment processes. Primary treatment occurs in structures referred to as primary clarifiers or primary sedimentation basins. Plant No. 1 includes two sets of primary clarifiers; a set of 26 rectangular clarifiers and a much older set of three circular clarifiers. The circular clarifiers are nearing the end of their useful life and are scheduled to be replaced as part of a future project scheduled to start in 2026 and will take approximately five years to complete. RELEVANT STANDARDS • Comply with California Public Contract Code Section 20103.8, award construction contract to lowest responsive, responsible bidder • 24/7/365 treatment plant reliability Orange County Sanitation District Page 1 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2022-2076 Agenda Date: 2/2/2022 Agenda Item No: 11. PROBLEM During replacement of the circular clarifiers, only the rectangular clarifiers will be available. During this time, the reliability of the rectangular clarifiers is paramount to maintain the required Level of Service. The reliability of the rectangular clarifiers is currently limited by aging infrastructure including influent launders that are structurally unsound, limitations in sludge pumping capability, and accumulation of water in a below-grade foul air duct. PROPOSED SOLUTION Award a construction contract for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133. This project will replace three primary sludge pumps, replace failing concrete launders, address water accumulation in a below-grade foul air pipe, provide fire alarm- related flow sensors for a ventilation system, and add lighting at each of the primary sludge pumps. TIMING CONCERNS The reliability improvements are needed before the circular clarifiers are taken out of service in 2026. RAMIFICATIONS OF NOT TAKING ACTION Without the reliability improvements, staff may not be able to maintain permit compliance, particularly when the circular clarifiers are taken out of service in 2026. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OC San advertised Projects No. P1-133 and FE19-11 for bids on September 29, 2021, and eight sealed bids were received on November 18, 2021 . A summary of the bid opening follows: Engineer's Estimate $ 7,900,000 Bidder Amount of Bid Shimmick Construction Company, Inc. $ 6,275,000 Kiewit Infrastructure West Co. $ 6,813,000 Mehta Mechanical Company, Inc. dba MMC Inc. $ 7,954,000 J.F. Shea Construction, Inc. $ 8,189,000 J.R. Filanc Construction Co. Inc. $ 8,215,000 Orion Construction Corporation $ 8,864,470 Environmental Construction, Inc. $ 8,899,655 Houalla Enterprises, Ltd. dba Metro Builders & Engineers Group, Ltd. $ 9,178,351 Orange County Sanitation District Page 2 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2022-2076 Agenda Date: 2/2/2022 Agenda Item No: 11. The bids were evaluated in accordance with the OC San's policies and procedures. A notice was sent to all bidders on December 16, 2021 informing them of the intent of OC San staff to recommend award of the Construction Contract to Shimmick Construction Company, Inc. CEQA The project is exempt from CEQA under the Class 1 categorical exemption set forth in California Code of Regulations Section 15301. A Notice of Exemption has been filed with the OC Clerk- Recorder. FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San's Purchasing Ordinance. This item has been budgeted (Budget Update, Fiscal Year 2021-2022, Appendix A, Page A-9, Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133) and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Construction Contract • Presentation RC:jw Orange County Sanitation District Page 3 of 3 Printed on 1/25/2022 powered by LegistarT" PART A CONTRACT AGREEMENT C-CA-062821 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS.................................................................1 SECTION -2 MATERIALS AND LABOR................................................................4 SECTION - 3 PROJECT ........................................................................................4 SECTION -4 PLANS AND SPECIFICATIONS.......................................................4 SECTION - 5 TIME OF COMMENCEMENT AND COMPLETION..........................5 SECTION -6 TIME IS OF THE ESSENCE ............................................................5 SECTION - 7 EXCUSABLE DELAYS.....................................................................5 SECTION -8 EXTRA WORK.................................................................................6 SECTION -9 CHANGES IN PROJECT..................................................................6 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS.............................................................................................9 SECTION - 13 COMPLETION..................................................................................9 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.........................9 SECTION - 15 SURETY BONDS...........................................................................11 SECTION - 16 INSURANCE ..................................................................................12 SECTION - 17 RISK AND INDEMNIFICATION......................................................20 SECTION - 18 TERMINATION...............................................................................20 SECTION - 19 WARRANTY...................................................................................21 SECTION - 20 ASSIGNMENT................................................................................22 SECTION - 21 RESOLUTION OF DISPUTES........................................................22 SECTION - 22 SAFETY & HEALTH.......................................................................22 SECTION - 23 NOTICES .......................................................................................23 C-CA-062821 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 THIS AGREEMENT is made and entered into, to be effective, this February 23, 2022, by and between Shimmick Construction Company, Inc., hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OC SAN". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OC SAN 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 OC SAN. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions — Definitions. CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 1 of 24 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 the date for submittal 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 iii. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as directed. Full- size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 2 of 24 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 OC SAN's ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. 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. CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 3 of 24 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 OC SAN, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OC SAN 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, OC SAN may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION — 3 PROJECT The Project is described as: PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 SECTION —4 PLANS AND SPECIFICATIONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 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. C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 4 of 24 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 OC SAN, unless otherwise specified therein and shall diligently prosecute the Work to completion within seven hundred thirty (730) calendar days from the date of the "Notice to Proceed" issued by OC SAN, excluding delays caused or authorized by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes five (5) calendar days determined by OC SAN 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, 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 OC SAN, 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. OC SAN 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, "Extension of Time for Delay", and the General CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 5 of 24 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". OC SAN'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 OC SAN specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OC SAN pursuant to the Contract Documents, OC SAN 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 OC SAN's ENGINEER. The decision of the ENGINEER shall be final. SECTION —9 CHANGES IN PROJECT OC SAN 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 OC SAN-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 6 of 24 No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". SECTION — 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OC SAN 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 Six Million Two Hundred Seventy-Five Thousand Dollars ($6,275,000) 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. OC SAN 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. CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 7 of 24 After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work— General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OC SAN'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 OC SAN; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OC SAN since the commencement of the Work as determined by OC SAN; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 8 of 24 3. "Retention Amount" for each Progress Payment means the percentage of each Progress Payment to be retained by OC SAN to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions —"Retained Funds; Substitution of Securities." SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 et 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, OC SAN 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. CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 9 of 24 B. General Prevailing Rate: OC SAN has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OC SAN. 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, OC SAN 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 OC SAN, 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. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. CONTRACTOR C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 10 of 24 shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC SAN 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. Registration; Record of Wages; Inspection: CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). SECTION — 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OC SAN'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 CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 11 of 24 approved by OC SAN. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION — 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OC SAN, 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 OC SAN 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 C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 12 of 24 for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OC SAN 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. OC SAN 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 OC SAN premises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OC SAN herein, the requirement(s) providing the more protective coverage for both OC SAN and the Third Parties shall control and be purchased and maintained by CONTRACTOR. 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 OC SAN, its or their officers, agents, or employees performing Work or rendering services on behalf of OC SAN in connection with the planning, development and construction of the Project. In all its insurance coverages (except for Professional Liability/Errors and CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 13 of 24 Omissions coverages, if applicable) related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. A. Limits of Insurance 1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury and property damage. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate limit may be equivalent to the per occurrence limit. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Four Million Dollars ($4,000,000) per occurrence and a general aggregate limit of Four Million Dollars ($4,000,000) 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. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate limit may be equivalent to the per occurrence limit. C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 14 of 24 C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OC SAN 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 limit of liability coverage: combined single limit of One Million Dollars ($1,000,000) for bodily injury, personal injury, and property damage. CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 15 of 24 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a form acceptable to OC SAN. 5. 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. 6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance for pollution liability covering bodily injury, property damage (including loss of use of damaged property or property that has not been physically injured or destroyed), cleanup costs, and defense costs (including costs and expenses for investigation, defense, or settlement of claims). Coverage shall carry limits of at least One Million Dollars ($1,000,000) per claim and aggregate and shall apply to sudden and non-sudden pollution conditions (including sewage spills), both at the site or needed due to migration of pollutants from the site, resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants or pollutants. If CONTRACTOR provides coverage written on a claims-made basis, OC SAN has the right to approve or reject such coverage in its own discretion. If written on a claims-made basis, the CONTRACTOR warrants that any retroactive date applicable to coverage under C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 16 of 24 the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two years beginning from the time that the Project under this Contract is completed. B. Self-Insured Retentions Any self-insured retentions must be declared to and approved by OC SAN. At the option of OC SAN, either: the Insurer shall reduce or eliminate such self-insured retentions as respects OC SAN, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC SAN 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. OC SAN, 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 OC SAN 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 OC SAN shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 17 of 24 premium except after ten (10) days prior written notice by certified mail, return receipt requested. Should there be material changes in coverage or an increase in SIR amounts, CONTRACTOR shall give thirty (30) days prior notice of such an event to OC SAN. 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 "A2, 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. OC SAN recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OC SAN's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OC SAN will 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 OC SAN or its agent. E. Verification of Coverage CONTRACTOR shall furnish OC SAN 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 OC SAN before Work commences. OC SAN reserves the right to require complete, certified copies of all C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 18 of 24 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. OC SAN 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' Certificate of Liability and mandatory endorsements affecting coverage. Upon request, CONTRACTOR must furnish OC SAN with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25 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 CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 19 of 24 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement 5. Pollution Liability Endorsements There shall be a Separation of Insured Clause or endorsement, providing that coverage applies separately to each insured, except with respect to the limits of liability. There shall also be an endorsement or policy language containing a waiver of subrogation rights on the part of the insurer. OC SAN, its directors, officers, agents, CONSULTANTS and employees and all public agencies from whom permits will be obtained as well as their directors, officers, agents, and employees shall be included as insureds under the policy. Any additional insured endorsement shall contain language at least as broad as the coverage language contained in ISO form CG 20 10 11 85 or alternatively in both CG 20 10 10 01 and CG 20 37 10 01 together. SECTION — 17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OC SAN 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 OC SAN in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OC SAN for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default' and/or "Termination for Convenience", provided that no termination may be effected unless proper notice is C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 20 of 24 provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OC SAN, 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 OC SAN'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. OC SAN 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, OC SAN 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 OC SAN of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR for faulty materials, equipment or Work. CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 21 of 24 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 OC SAN unless such assignment has had prior written approval and consent of OC SAN and the Surety. SECTION —21 RESOLUTION OF DISPUTES OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OC SAN, 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 Contractor Safety Standards. [THIS SECTION LEFT INTENTIONALLY BLANK] C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 22 of 24 SECTION —23 NOTICES Any notice required or permitted under this Contract shall be sent by certified mail, return receipt requested, at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OC SAN: 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: Shimmick Construction Company, Inc. 530 Technology Drive, Suite 300 Irvine, CA 92618 Copy to: W. Andrew Sloane III, Executive Vice-President Shimmick Construction Company, Inc. 530 Technology Drive, Suite 300 Irvine, CA 92618 CONFORMED C-CA-062821 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 23 of 24 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Shimmick Construction Company, Inc. 530 Technology Drive, Suite 300 Irvine, CA 92618 By Date: Printed Name Its CONTRACTOR's State License No. 594575 (Expiration Date — 5/31/2022) OC SAN: Orange County Sanitation District By Date: John B. Withers Board Chairman By Date: Kelly A. Lore Clerk of the Board By Date: Ruth Zintzun Purchasing & Contracts Manager C-CA-062821 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 24 of 24 EXHIBIT A SCHEDULE OF PRICES C-EXA-062221 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....6 ATTACHMENT 1 - CERTIFICATION FOR REQUEST FOR PAYMENT.........................7 ATTACHMENT 2 - SCHEDULE OF PRICES..................................................................8 C-EXA-062221 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—"OC SAN's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OC SAN 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. CONFORMED C-EXA-062221 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 1 of 8 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 OC SAN 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 OC SAN, 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, OC SAN 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 OC SAN's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OC SAN in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-062221 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 2 of 8 The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN'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, OC SAN 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 et. 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 OC SAN 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 OC SAN 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 OC SAN 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 OC SAN reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-062221 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 3 of 8 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 OC SAN, 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 OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN'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, OC SAN 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 OC SAN, the CONTRACTOR C-EXA-062221 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 4 of 8 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 acceptance by OC SAN, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OC SAN, and agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, 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 OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN 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 OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN 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, OC SAN may make Final Payment subject to resolution of those claims. OC SAN 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. CONFORMED C-EXA-062221 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 5 of 8 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OC SAN's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; 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. OC SAN 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-062221 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 6 of 8 ATTACHMENT 1 — 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 OC SAN 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 OC SAN 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 OC SAN 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 CONFORMED C-EXA-062221 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 7 of 8 ATTACHMENT 2 — SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Shimmick Construction Company, Inc.) BF-14 Schedule of Prices, Pages 1-2 C-EXA-062221 CONFORMED PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 8 of 8 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work, whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OC SAN via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work, including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable 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. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-072621 ADDENDUM NO. 3 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 1 of 2 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item No. Description Unit of Measurement Extended Price 1. Mobilization:As described in Specifications P1-133 Section 01155 and Specifications FE19-11 Section 01155 and in conformance with the Contract Documents for the lump Lump Sum $300,000 sum price of... 2. All other portions of the Work, as described in Specifications P1-133 Section 01155 and Specifications FE19-11 Section 01155 and in conformance with the Contract Documents Lump Sum $5,875,000 for the lump sum price of... 3. Demobilization: Including final progress payment, clean-up and retention of the Project site as described in Specifications P1-133 Section 01155 and Specifications FE19-11 Lump Sum $100,000 Section 01155 and in conformance with the Contract Documents for a lump sum price of TOTAL AMOUNT OF BID (BASIS OF AWARD) $ 6,275,000 BF-14 SCHEDULE OF PRICES C-BF-072621 ADDENDUM NO. 3 PROJECT NO. P1-133 PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY IMPROVEMENTS AT PLANT NO. 1 Page 2 of 2 1/25/2022 Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1 Project No. P1-133 Construction Contract Award • -I. — �''�- �ou�i III 1 Project • • P1-126Primar� m _ _ s Clarifiers F Replacements P1-133 y ran e K I Primary Water Dis r Sedimentation J `• . Y Basins No.6-31 17090 . l l�Ji 2 1 1/25/2022 Key Proiect Elements Concrete Launders Replacement Primary Sludge Pump Replacement - Pats i 3 . • Results Bidder Amount of . . Engineer's Estimate $7,900,000 Shimmick Construction Company,Inc. I $6,275,000 Kiewit Infrastructure West Co. $6,813,000 Mehta Mechanical Company,Inc.dba MMC Inc. $7,954,000 J.F.Shea Construction,Inc. $8,189,000 J.R.Filanc Construction Co.Inc. $8,215,000 Orion Construction Corporation $8,864,470 Environmental Construction,Inc. $8,899,655 Houalla Enterprises,Ltd.dba Metro Builders&Engineers Group,Ltd. $9,178,351 4 2 1/25/2022 Recommendation Recommend to the Board of Directors to: • Receive and file Bid Tabulation and Recommendation for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133; • Award a Construction Contract to Shimmick Construction Company, Inc. for Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133, for an amount not to exceed $6,275,000; and • Approve a contingency of$627,500 (10 percent). 5 ions 6 3 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-1784 Agenda Date: 2/2/2022 Agenda Item No: 12. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2, PROJECT NO. FR2-0018 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Activated Sludge Clarifier Repairs at Plant No. 2, Project No. FR2-0018; B. Receive and file Award Protest from J.R. Filanc Construction Co., Inc. dated December 20, 2021 concerning the award to W.M. Lyles Co.; C. Receive and file Award Protest from Shimmick Construction Co., Inc. dated December 22, 2021 concerning the non-responsive bids submitted by all other contractors; D. Receive and file Orange County Sanitation District's determination letter dated January 4, 2022, issued to all bidders, recommending the rejection of all bids and re-advertising the project; and E. Reject all bids and direct staff to re-advertise this project for bid. BACKGROUND The Activated Sludge Plant at the Orange County Sanitation District (OC San) Plant No. 2 uses chain and flight mechanisms to collect sludge settling along the length of the clarifiers to hoppers at the upstream end. The collectors, which include 2,900 feet of plastic chains and 160 flights per clarifier are subject to degradation and wear. Although the collector mechanisms were replaced in six of the clarifiers in 2020, the collectors in the remaining six clarifiers have been in service since 1996. RELEVANT STANDARDS • Comply with California Public Contract Code Section 20103.8, award construction contract to lowest responsive, responsible bidder • Maintain a proactive asset management program Orange County Sanitation District Page 1 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1784 Agenda Date: 2/2/2022 Agenda Item No: 12. PROBLEM The collectors in six of the clarifiers are at the end of their useful life, resulting in a number of recent catastrophic failures that required expensive repairs during which the clarifiers were unavailable for service for many weeks. Bids for Activated Sludge Clarifier Repairs at Plant No. 2, Project No. FR2-0018, were opened on November 23, 2021. Following receipt of two award protests, staff, with advice from legal counsel, concluded that erroneous instructions in the Invitation for Bids created an incurable ambiguity that warrants rejecting all bids. PROPOSED SOLUTION Reject all bids for Activated Sludge Clarifier Repairs at Plant No. 2, Project No. FR2-0018 and re- advertise the project with a corrected Invitation for Bids. Staff will also revise some specifications that will allow bidders to better determine how to complete the work within the specified duration. TIMING CONCERNS The collectors will continue to require frequent maintenance. The clarifiers must be reliable so that the Activated Sludge Plant at Plant No. 2 will have sufficient capacity to handle peak wet weather flows. RAMIFICATIONS OF NOT TAKING ACTION Board action is required by the California Public Contract Code to reject all bids and re-advertise the project. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OC San advertised Project No. FR2-0018 for bids on October 4, 2021 and 11 bids were received on November 23, 2021. A summary of the bid results is as follows: Engineer's Estimate $ 4,836,000 Bidder Amount of Bid W.M. Lyles Co. $4,394,500 JR Filanc Construction Co., Inc. $4,735,900 Abhe & Svoboda, Inc. $4,861,546 Environmental Construction, Inc. $5,101,891 Kiewit Infrastructure West Company $5,111,000 Metro Builders & Engineers Group, Ltd. $5,402,788 Steve P. Rados, Inc. $5,443,000 Mehta Mechanical Company Inc. $5,524,000 Orange County Sanitation District Page 2 of 3 Printed on 1/25/2022 powered by LegistarTM File #: 2021-1784 Agenda Date: 2/2/2022 Agenda Item No: 12. Orion Construction Corporation $5,847,000 Shimmick Construction Co., Inc. $6,136,040 Tharsos Inc. $6,655,941 The bids were evaluated in accordance with the OC San's policies and procedures. On December 20, 2021, OC San received an award protest from the second apparent low bidder, J.R. Filanc Construction Co., Inc. (Filanc). Filanc alleged that W.M. Lyles Co.'s bid was non- responsive due to non-compliance with the bidding requirements. On December 22, 2021, OC San received an award protest from the tenth apparent low bidder, Shimmick Construction Co., Inc. (Shimmick). Shimmick alleged that all other bids were non-responsive due to non-compliance with the bidding requirements. Both protests focused on BF- 4 Performance History and Financial Resources, Attachment C, Baseline Construction Bid Schedule (Bar Chart) and Baseline Narrative Bid Work Plan requirements (BF-4, Attachment C). Both protests alleged that bids were non- responsive due to omission of a narrative and/or a bar chart bid schedule by some of the Bidders, including W.M. Lyles Co. (apparent low bidder). After reviewing the Invitation for Bids requirements related to the award protests, the Evaluation Team found an inadvertent error in BF-4, Attachment C instructions which created ambiguity in the bidding requirements. Staff consulted with General Counsel regarding the award protests received and provided additional findings by the Evaluation Team. On December 27, 2021, General Counsel provided their response and recommended to re-bid the project since both protests ultimately stem from the fact that the instructions in BF-4, Attachment C were ambiguous. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301. A Notice of Exemption will be filed with the OC Clerk-Recorder after OC San Board of Directors approval of the construction contract. FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Award Protest letter from J.R. Filanc Construction Co., Inc. dated 12/20/2021 • Award Protest letter from Shimmick Construction Co., Inc. dated 12/22/2021 • OC San Determination letter dated 01/04/2022 SSJW Orange County Sanitation District Page 3 of 3 Printed on 1/25/2022 powered by LegistarTM 1 1 1 J.R.FILANC CONSTRUCTION COMPANY,INC. F/LANC -- 740 North Andreasen Drive,Escondido,CA 92029'Phone:760-941-7130'Fax::760-941-3969 'www.filanc.com — -- - - December 20, 2021 Orange County Sanitation District E Attn: Brandon Garcia Via email: Construction(aDocsan.gov E i i t RE: Award Protest Filing; CIC SAN Project No. FR2-0018 Activated Sludge Clarifier Repairs at P2 Dear Mr. Garcia: JR Filanc Construction Company, Inc (Filanc) submits this notice of award protest and I requests that OC SAN rescind its recommendation of award to W.M. Lyles (Lyles) as the lowest responsive, responsible bidder on the FR2-0018 Activated Sludge Clarifier Repairs at Plant No. 2 Project. Lyles' bid is substantially non compliant with the instructions to bidders, and therefore should be rejected. As the second low bidder on I the Project, OC SAN should recommend that Filanc be awarded the contract. As set forth below, Lyles' bid must be rejected by Orange County Sanitation District (OC SAN) because it failed to substantially and materially comply with the bid requirements stated in the contract documents. In addition, W.M. Lyles' failure to comply with the bid requirements gave them an unfair advantage in the bidding competition, and jeopardizes the public interest in fair public contracting and best value projects. Filanc requests that OC SAN reconsider its recommendation to award the contract to Lyles, reject Lyles' bid, and recommend award of this Contract to Filanc, the lowest compliant bidder on the Project. Filanc requests that OC SAN promptly notify all bidders that it intends to award the contract to Filanc as the apparent low bidder for the Project. CA Lb.No.134887 �. � I i F/LANC Lyles' Bid is not Substantially Compliant with the Bidding Requirements "A bid is responsive if it promises to do what the bidding instructions require." MCM Construction, inc v. City and County of San Francisco (1988) 66 Cal.App.4t>> 359, 368. A bid is nonresponsive if it does not conform to the public agency's specifications for the contract. Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4tl' 1181, 1188. Lyles' bid failed to comply with the instructions to bidders on two counts. 1. Lyles' bid failed to provide a complete BF-4 (G) Attachment C, Baseline Bid Schedule (bar chart) and Baseline Narrative Bid Workplan (continued). This failure by Lyles is far more glaring than the ICA Verification mentioned below. Lyles has ignored a major element of the bid package in a clear breach of very important bid requirements. OC SAN requires this schedule and workplan to be submitted to allow them to "...review the Baseline Construction Bid Schedule and Baseline Narrative Bid Work Plan as part of the Bid evaluation process to ensure compliance with requirements..." This allows the Owner to conduct a post bid review to gain a proper perspective on each bidders' intentions during the work, including whether the Bidder has certified that he will execute work on mandated locations, sequences, and related items to ensure continued operability of the plant as work progresses. The section further states that a defect (negative float) in the baseline narrative shall deem a bidder non responsive. As Lyles has not even attempted to submit a baseline narrative, their bid is completely non compliant and should be rejected. In not submitting the baseline and narrative, Lyles has not certified that they will comply with and be bound by the stringent constraints on sequence and scheduling of work as required by Section 1.12 and 1.13 of the bid documents. [See Section 01110, 01120 and 01140 of the bid set documents.] Section 01120, 1.12 requires the Contractor to follow a specific sequence of work on the Clarifiers. Section 01140, 1.13 requires the "Contractor to work on one clarifier at a time until they are fully tested, certified, and completed...[and]...allow for two weeks between end of testing and start of next clarifier so OCSD has a chance to put new clarifier in service and drain next clarifier." December 20, 2021 Page 2 F/LANC The contractor's cost of general conditions is directly related to the length of the project. A contractor not bound by the sequence and restraints outlined in the specifications referenced above would be capable of completing the project on an expedited schedule and would be at a significant competitive advantage. By demanding that each bidding contractor specifically demonstrate their understanding and compliance with the project constraints through the inclusion of a baseline schedule and narrative, OC SAN emphasized this issue as a point of particular concern. Lyles' failure to submit this information constitutes a substantial breach of the bid requirements, and material non- compliance with the specifications. 2. Lyles' bid failed to include the IRAN Contracting Act Verification Addendum No.2 modified the BID SUBMITTAL FORMS and required all bidders to submit a signed Iran Contracting Act Verification. Lyles did not provide this certification. OC SAN should not waive Lyles' failures to substantially comply with the bid documents and instruction to bidders for two important reasons. First, Lyles' non-compliance could have resulted in Lyles successfully requesting relief from bid. Second, Lyles' non- compliance offered an unfair advantage against other bidders. A bid defect (technical noncompliance) cannot be tolerated by a Public Agency if it affords a bidder an advantage or benefit not afforded to the other bidders or if the bid defect could have formed the basis for relief from bid by the apparent low bidder. Valley Crest Landscape, Inc. v. City of Davis (1996) 41 Cal.App.4th 1432. In addition, Lyles recently completed project No. MP-248, wherein the other 6 of 12 clarifiers in this area of the existing treatment plant were rehabilitated with a substantially sirnilar scope of work. Lyles certainly was aware of the requirements, and yet elected to avoid them in submitting its bid. Importantly, Filanc fully complied with every instruction to bidders and other requirements stated in the bid documents. Filanc and other bidders incurred substantial time and expense in generating the baseline and narrative as required by the bid documents. Lyles avoided this effort and expense, thus preventing a "free and open competition" for this contract which explicitly requires that all bidders comply with the sarne set of instructions and requirements as stated in the bid documents. Filanc, December 20, 2021 Page 3 F/LANC and the other bidders, have been denied the opportunity to compete fairly with Lyles where Lyles' non compliance with the bid requirements was initially tolerated, and Lyles was able to avoid incurring effort and cost in generating and providing the required documents at bid time. OC SAN has an opportunity to rectify this situation by rejecting Lyles' bid, and recommending award to Filanc. The affected parties in this scenario are Filanc and WM Lyles, as they are the only parties with a stake in the outcome of this protest. We appreciate the opportunity to discuss this matter further with OC SAN. Sincerely, David J. Kiess Vice President J.R. Filanc Construction Attachments: [Bid Submittal Form BF-4 (G), Attachment C] [Addendum No.2 Bid Submittal Form BF-15] [Specification Section 01120] [Specification Section 01140] December 20, 2021 Page 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego Subscribed and sworn to (or affirmed) before me on this day of December 20 , 20 21 , by David J. Kiess proved to me on the basis of satisfactory evidence to be the person who appeared before me. *my ADRIANAY.IGLESIAS Notary Public-California San Diego County Commission#2378408 Comm.Expires Oct 14,2025 Signatur �1 Bid Submitted By: (Name of Firm) ATTACHMENT C BF-4(G) BASELINE CONSTRUCTION BID SCHEDULE (BAR CHART)AND BASELINE NARRATIVE BID WORK PLAN (Continued) 1. The Baseline Construction Bid Schedule (Bar Chart)shall begin with the Notice to Proceed date and conclude with the Contract completion date, and shall not exceed the maximum number of days shown in the Contract. ❑ Yes ❑ No 2. The Baseline Construction Bid Schedule (Bar Chart)shall include but not be limited to the following activities as applicable: submittals, procurement, mobilization, work tasks,weather allowance, closeout and milestones for Substantial Completion and Final Completion of the Work. ❑ Yes ❑ No 3. Each activity shall be shown separately on the Baseline Construction Bid Schedule. ❑ Yes ❑ No 4. The Baseline Construction Bid Schedule(Bar Chart)shall allocate a minimum of twenty five (25) calendar days for OC SAN submittal review. ❑ Yes ❑ No A. The Baseline Narrative Bid Work Plan shall describe in words the key elements illustrated in the Baseline Construction Bid Schedule and the requirements cited in this attachment. ❑ Yes ❑ No OC SAN will review the Baseline Construction Bid Schedule (Bar Chart)and Baseline Narrative Bid Work Plan as part of the Bid evaluation process to ensure compliance with requirements specified in this Attachment D. A Baseline Construction Bid Schedule (Bar Chart) showing negative float shall not be accepted by OC SAN and shall deem Bidder Non-Responsive to the requirements of this IFB. The Baseline Construction Bid Schedule(Bar Chart) submittal shall not relieve the successful contractor from schedule requirements as specified in the Contract Documents after the Contract has been awarded. BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-081821 PROJECT NO. FR2-0018 ACTIVATED SLUDGE CLARIFIER REPAIRS AT P2 Page 9 of 9 Bid Submitted By: (Name of Firm) BF-15 IRAN CONTRACTING ACT VERIFICATION To comply with the Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208) requirement, complete one of the options below. Option 1 —Certification I, the official named below, certify I am duly authorized to execute this certification on behalf of the entity identified below and (a)the entity identified below is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (DGS)and (b) is not a financial institution extending twenty million dollars ($20,000,000)or more in credit to another person/contractor, for 45 days or more, if that other person/contractor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DGS list of persons engaged in investment activities in Iran. Contractor/Financial Institution (Printed) Federal ID Number By(Authorized Signature) Date Printed Name and Title of Person Signing Option 2— Exemption Pursuant to Public Contract Code sections 2203(c)and (d), a public entity may permit a contractor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on or enter into or renew a contract for goods and services. If the entity listed below has obtained an exemption from the certification requirement under the Iran Contracting Act of 2010, complete the information below and attach documentation demonstrating the exemption approval. Contractor/Financial Institution (Printed) Federal ID Number By (Authorized Signature) Date Printed Name and Title of Person Signing BF-15 IRAN CONTRACTING ACT VERIFICATION C-BF-102121 PROJECT NO. FR2-0018 ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 ADDENDUM NO. 2 Page 1 of 1 WORK SEQUENCE PART 1 - GENERAL 1.1 SUMMARY A. This section specifies a Work sequence and the requirements for meeting work restrictions, requirements, and limitations. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. The requirements of the following sections and divisions apply to the Work of this section. Other sections and divisions of the Specifications, not referenced below, shall also apply to the extent required for proper performance of the Work. 1. Section 01110, Summary of Work 2. Section 01140, Work Restrictions 3. Section 01300, Contractor's Construction Schedule and Reports 4. Section 15710, Chain and Flight Clarifier Equipment 1.3 REFERENCE CODES, REGULATIONS, AND STANDARDS (NOT USED) 1.4 DEFINITIONS 1. Phase: A grouping of work that is sufficient to construct and test all applicable Project Elements in the suggested work sequence as presented in the Contract Documents, The work grouping is restricted as noted in Specification Section 01140, Work Restrictions. B. Milestone. A milestone is a period of time during which the work specified must be completed within in accordance with Section 01300 - Contractor's Construction Schedule and Reports. 1.5 SUBMITTALS A. Submittals shall be made in accordance with the General Requirements. B. Tile CONTRACTOR shall submit as part of its Baseline Schedule and Updated Schedule any alternate Work sequence(s) that deviate from the sequence specified herein to the ENGINEER for review and acceptance. The Work sequence shall include activities which meet all the requirements and Work restrictions, including handling of sewage and schedule constraints. The proposed modified sequence shall explicitly state that the Work sequence specified is not being used. C. The CONTRACTOR's Baseline Schedule, as specified in Specification Section 01300, Contractor's Construction Schedule and Reports, shall address the detailed implementation steps necessary to accomplish the Work specified in the Contract Documents. All Work which requires coordination with the ENGINEER and/or Activated Sludge Clarifier Repairs at P2 WORK SEQUENCE Project No. FR2-0018 BID SET 01120-1 - - shutdown-of any--existing-component or system whether specifically identified in.this Specification section or not,and in accordance with Specification Section 01140-Work Restrictions shall be a standalone activity presented in the Construction Schedule.The Work sequence presented in the Construction Schedule shall include, but be not limited to, the following sequencing information: 1. A summary sequence of work depicting the order and timing of effort at all facilities necessary to deliver the Work. Sequencing shown shall include key activities necessary for removal from service, repair, installation, testing and return to service for all Project Elements. 2. Date, time, duration, and exact location at which activity is to begin. 1.6 QUALITY ASSURANCE (NOT USED) 1.7 DELIVERY, HANDLING, AND STORAGE (NOT USED) 1.8 SITE CONDITIONS(NOT USED) 1.9 WARRANTY A. CONTRACTOR shall provide warranties as specified to the ENGINEER for each clarifier. 1.10 CONTINUITY OF SYSTEM OPERATIONS A. Refer to Section 01140, Work Restrictions. 1.11 REQUIREMENTS OF WORK SEQUENCE A. The Work sequence described in the Contract Documents is presented to make the CONTRACTOR aware of certain requirements which are necessary to maintain OCSD operations. B. It is the CONTRACTOR's responsibility to fully schedule and coordinate the Work.The CONTRACTOR shall arrange a meeting to discuss the details and sequencing strategy of the schedule. C. Sequencing constraints that shall be considered and incorporated by the CONTRACTOR while developing the Work sequence are described in Specification section 01140, Work Restrictions, D. The ENGINEER will notify the CONTRACTOR of any operational or other OCSD changes that might affect subsequent Phases, prior to the start of the next Phase. E. The CONTRACTOR shall request acceptance by the ENGINEER of any changes that are planned to the sequence or scheduling of Work for subsequent Phases twenty-one (21)Days prior to the start of the next Phase. The changes shall be measured against the latest version of the Construction Schedule that has been accepted by OCSD at the time. F. All work shall be sequenced and staged to minimize the impacts to plant operation, impact on other construction projects, and as directed. WORK SEQUENCE Activated Sludge Clarifier Repairs at P2 Project No. FR2-0018 01120-2 BID SET 1.12 WORK SEQUENCE A. The Work sequence indicated below shall be followed unless otherwise directed by the ENGINEER. See Specification Section 01140, Work Restrictions for additional requirements. OCSD reserves the right to resequence the work. 1. Clarifier A 2. Clarifier B 3. Clarifier E 4. Clarifier H 5. Clarifier 1 6. Clarifier K 1.13 WORK NOT SUBJECT TO SEQUENCING (NOT USED) 1.14 SEQUENCE OF WORK LIMITATIONS A. The CONTRACTOR shall phase Work as shown and in a manner that does not exceed the limitations noted in Specification section 01140 - Work Restrictions. Work not specifically listed herein shall be sequenced in a logical order and shown in the CONTRACTOR's Construction Schedule as accepted by the ENGINEER. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 DEMONSTRATION A. The CONTRACTOR shall integrate testing requirements described in Specification Section 01810, Section 15710, and Division 16 and 17 into the Work sequence. Activated Sludge Clarifier Repairs at P2 WORK SEQUENCE Project No. FR2-0013 BID SET 01120-3 Section 01140 WORK RESTRICTIONS PART 1 - GENERAL 1.1 SUMMARY A. This section specifies constraints for completing the Work, CONTRACTOR's use of the Project site, other Work restrictions, and coordination between construction activities and Plant No. 2 operation. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. The requirements of the following sections and divisions apply to the Work of this section. Other sections and divisions of the Specifications, not referenced below, will also apply to the extent required for proper performance of this Work. 1. Section 01110, Summary of Work 2. Section 01120, Work Sequence 3. Section 15710, Chain and Flight Clarifier Equipment 1.3 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS (NOT USED) 1.4 DEFINITIONS A. Facility Cleaning Requirements: The CONTRACTOR activities and effort necessary to drain facilities, clean facilities, properly dispose of any solids, trash, or debris, and manage nuisance flows during the Work, after receiving a Facility Out of Service notification from the ENGINEER. B. Wet Season: Starting October 161h and ending April 141h of the following calendar year. C. Dry Season: Starting April 15111 and ending October 15t"of the same calendar year. 1.5 SUBMITTALS (NOT USED) 1.6 QUALITY ASSURANCE (NOT USED) 1.7 DELIVERY, HANDLING, AND STORAGE (NOT USED) 1.8 SITE CONDITIONS (NOT USED) 1.9 WARRANTY (NOT USED) 1.10 CONCURRENT WORK NEAR THE PROJECT A. CONTRACTOR shall be aware of on-going work near the area of this Project performed by others under separate contracts. See project Section 01110, Summary of Work. B. The CONTRACTOR shall coordinate with the listed projects and obtain dates of any shutdown of treatment processes on those projects which could affect the Work. 1.11 CONTRACTOR'S USE OF PROJECT SITE A. CONTRACTOR shall do the following: 1. Assume full responsibility for protection and safekeeping of products and materials stored on and off the Project site. Activated Sludge Clarifier Repairs at P2 WORK RESTRICTIONS Project No. FR2-0018 BID SET 01140-1 2. Conduct all operations such that they do not interfere with OCSD operations or other onsite contractors. Move stored products that interfere with the operation of OCSD or other on-site contractors. 3. Provide all tools, ladders, cranes, hoists, lifting equipment, other equipment and incidentals required for the Work. 4. Ensure that all facilities and utilities are in good working condition for use by OCSD personnel at all times unless an advance notification for plant shutdown is authorized by the ENGINEER in writing and is performed as specified in the General Requirements. 5. Obtain off-site access rights and permits. Conform to Document 2, Part H, Reference Documents. See sample permit from Project MP-248 in Document 1 of Part H, Additional Contract Requirements and Reference Documents. OCSD will reimburse County permit fees that are documented in writing. B. Limits on CONTRACTOR's use of site shall be: 1. CONTRACTOR shall be restricted to the construction work areas (designated Work Area in Part F)and the staging areas shown on the Plans(Part F)or as otherwise designated by ENGINEER. 1.12 SEASONAL WORK RESTRICTIONS 1. Not used. 1.13 GENERAL CONSTRAINTS ON SEQUENCE AND SCHEDULING OF WORK A. The CONTRACTOR shall start in the west side of the activated sludge plant. See sequence in Section 01120, Work Sequence. OCSD reserves the right to change the sequence the work at its discretion without incurring additional cost. The CONTRACTOR shall work on one clarifier at a time until they are fully tested, certified, and completed. OCSD will provide written notification to move onto the next clarifier. Allow for two weeks between end of testing and start of next clarifier so OCSD has a chance to put new clarifier in service and drain next clarifier. B. There will be times that there will not be process water to fill the clarifiers and put them back into service for testing. This could happen when the piping is out of service under a separate project. In this case the CONTRACTOR shall use plant water to fill the clarifiers for testing. The CONTRACTOR shall convey plant water to the clarifiers from a nearby source. This filling process will take about 2 days. C. CONTRACTOR shall provide all material and labor to make temporary arrangements as required for performance of the Work. D. Include costs for compliance with the specific sequencing limitations and constraints. E. Upon facility shutdown, the CONTRACTOR shall clean the facility in order to perform the Work in conformance with the Contract Documents. Facility Cleaning Requirements include all labor, equipment and materials necessary to clean the Work area so that the Work can be performed per technical requirements and per Contractor Safety Standards. Facility Cleaning Requirements include: 1. Residual draining of water. The ENGINEER will direct the CONTRACTOR where residual water flow can be discharged near the Work. The CONTRACTOR shall coordinate with the ENGINEER for discharge locations for each Clarifier. 2. Residual solids cleanup. The ENGINEER will provide plant water connect points near the facility for cleaning water. The ENGINEER will direct the CONTRACTOR where residual water and solids flow can be discharged near the facility. Any debris remaining after solids cleanup shall be hauled away for disposal at the proper receiving facilities. Cleaning waste will only be received on Mondays from 10:00 a.m. to 3:00 WORK RESTRICTIONS Activated Sludge Clarifier Repairs at P2 Project No. FR2-0018 01140-2 BID SET p.m. and on Tuesdays through Fridays from 9:00 a.m. to 3:00 p.m. Deliveries shall be scheduled only through the ENGINEER at least twenty-four(24) hours beforehand. A completed and signed Grit Dumping and Authorization Form shall be in possession of the driver upon arrival at Plant No. 2. Various training, protocol, and instructions shall be followed, as required by the OCSD Sewer Grit Disposal Procedure. CONTRACTOR shall not be charged for dumping of the Clarifier Structure waste provided this spec and the required procedures are followed. CONTRACTOR shall assume 2 cubic yards of trash and debris (up to 2,000 pounds) per Clarifier to be handled and disposed. 3. Management of nuisance flow or backflow of water or dewatering shall be considered part of Facility Cleaning Requirements. F. Staff Assistance. OCSD staff will only be available to support the CONTRACTOR's staff for LVT/LOTO, Testing, Inspection, and consultation during OCSD's normal working hours Monday through Friday. All inspection, witnessing milestones and witnessing of tests shall take place only during these times. No inspection or test witnessing or other coordination is available on OCSD Holidays or weekends. G. Load Limitations. No vehicles or equipment shall drive on or be placed on the aeration basin or above ground slabs or walkways around the clarifiers except by written approval. Small forklifts will be allowed if certain safety protocols are followed. H. Nuisance Flow. Management of nuisance flow or backflow of water or dewatering in the clarifiers shall be considered part of the Work. The CONTRACTOR shall assume management of nuisance flows of up to 200 gallons per minute (gpm) during the dry season. During the wet season this nuisance flow will increase to include rainfall and other infiltration and inflow from the groundwater. For bidding purposes assume wet season flow will peak to 400 gpm during rainfall. I. Allow for up to 28 calendar days of delay in the event that Project No. P2-123 has not been completed and half of the clarifiers are out of service. 1.14 REQUIREMENTS FOR OPERATION OF TREATMENT PLANT A. General: 1. The health, safety and welfare of the OCSD municipal service is dependent on the continuous and uninterrupted operation of the OCSD Plant No. 2. CONTRACTOR shall conduct the Work in such a fashion that no unplanned disruptions to treatment plant operations occur due to CONTRACTOR Work and that required facility treatment capacity is maintained continuously throughout the construction period. 2. Shutdowns of existing equipment shall be as specified herein and in accordance with the Specification Section 01120, Work Sequence. 3. CONTRACTOR's activities judged to be detrimental to the safe and proper treatment of the wastewater will be postponed or prohibited as deemed appropriate by the ENGINEER. 4. CONTRACTOR shall be responsible for any damage resulting from construction activities. B. CONTRACTOR shall be subject to monetary fines for actions that impair the operational capabilities of this treatment plant and result in serious environmental damage. C. The CONTRACTOR shall not limit the ability of OCSD to keep Plant No. 2 treatment facilities operational. CONTRACTOR shall take the following measures to proactively preclude limiting OCSD Plant 2 operations: Activated Sludge Clarifier Repairs at P2 WORK RESTRICTIONS Project No. FR2-0018 BID SET 01140-3 1. Adhere to the conditions and restrictions noted in the Contract Documents. 2. Minimize downtime of the OCSD facilities/processes affected by this Project. D. CONTRACTOR shall perform Work in a manner that does not impair the operational capabilities of the treatment facilities or reduce the capacity of the facilities, except as provided for in the Construction Schedule accepted by the ENGINEER. E. CONTRACTOR shall provide safe, continuous access to control equipment for OCSD treatment plant operations and maintenance personnel. F. CONTRACTOR shall coordinate with the ENGINEER to plan resumption of Work and any revised work sequencing necessary. Work can be interrupted at any time due to OCSD operational needs. 1.15 INTERRUPTION OF TREATMENT PROCESSES A. The CONTRACTOR shall execute the Work while the existing facilities are in operation,. 1. CONTRACTOR shall coordinate with the ENGINEER for any shutdown of facilities required during the implementation of the Work and shall not commence Work until a shutdown has been performed by OCSD. 2. CONTRACTOR shall minimize shutdown times by thorough advanced planning as described in the General Requirements. 3. When the CONTRACTOR needs a facility shutdown, a written request shall be provided to the ENGINEER for acceptance as specified in the section entitled "Advance Notification for Plant Shutdown"of the General Requirements. 4. The ENGINEER will review the acceptability of shutdowns longer than the requirements of the Contract Documents on a case-by-case basis. B. The CONTRACTOR shall indicate required shutdowns of existing facilities (per GR- 10,Advance Notification of Plant Shutdown)and/or interruptions of existing operations in the Construction Schedule and the progress period schedule updates. 1. Following receipt of a notice of required shutdown, the ENGINEER will notify the CONTRACTOR as to the feasibility of the requested date. Evaluation of the request will be based upon the OCSD treatment plant ability to reliably meet capacity demands and forecasted storm events. The CONTRACTOR shall allow ENGINEER to have flexibility to adjust actual shutdown dates accepted earlier to within seven (7) Days of requested shutdown date at no additional cost to OCSD. 2. Where required to minimize treatment process interruptions while complying with specified sequencing constraints, CONTRACTOR shall provide temporary pumping, temporary odor control facilities, power, lighting, controls, instrumentation, and safety devices. 3. The CONTRACTOR shall provide all labor, equipment, and material required to isolate, drain, wash down, clean and make safe existing facilities (structures, piping and equipment)that are to be removed from service or connected to perform the Work. 4. The CONTRACTOR shall coordinate all Work to avoid any interference with normal operation of treatment plant equipment and processes. 1.16 SEWAGE SPILLS A. Spills of untreated or partially treated sewage to surface waters or drainage courses is prohibited. In the event of a spill caused by the CONTRACTOR's operations, the CONTRACTOR shall immediately return operations to normalcy through temporary or permanent means. Temporary corrections shall be made permanent at the next WORK RESTRICTIONS Activated Sludge Clarifier Repairs at P2 Project No. FR2-0018 01140-4 BID SET scheduled interruption to operations. All permanent corrections shall meet the applicable requirements of the Contract Documents. B. If CONTRACTOR does not immediately return operations to normalcy,the ENGINEER will be entitled to employ others to stop the spill without giving written notice to the CONTRACTOR. C. All costs incurred by OCSD and all penalties assessed against OCSD as a result of a spill caused by the actions of the CONTRACTOR, its employees, or subcontractors, shall be borne in full by the CONTRACTOR. Costs include, but are not limited to, legal fees and other expenses to OCSD resulting directly or indirectly from the spill under the terms of discharge permits issued to OCSD, or otherwise incurred by OCSD as a result of the spill. 1.17 STAGING AND TEMPORARY FACILITIES A. The CONTRACTOR shall utilize the designated staging area as indicated in the Contract Documents for the exclusive use of delivery, handling and storage of tools, materials and equipment and placement of temporary office only. The CONTRACTOR shall return the staging and storage surface area to its original pre-construction condition as a prerequisite to attaining Final Completion of the Work. B. The CONTRACTOR shall provide all required facilities, storage, trailers, needed for proper execution of the Work,and safe and secure storage of materials and equipment in a manner that minimizes interference with the OCSD operation and maintenance personnel. C. The CONTRACTOR shall provide all required power connections, telephone, water, and sewer hookups necessary for proper operation of the temporary facilities. Costs to establish these utilities and maintain service shall be included in the Contract Price. The costs required to remove and de-commission the temporary facilities at the end of the Project shall be included in the Contract Price. The CONTRACTOR shall coordinate the location of utility connection with the ENGINEER during mobilization. D. The CONTRACTOR shall be responsible for maintaining the security, safety, and cleanliness of the temporary facilities staging area throughout the course of construction. E. The CONTRACTOR shall not use public and/or private property for field offices and/or for any purpose other than as designated in the Contract Documents without obtaining written authorization of the jurisdiction and/or owner and submitting a copy of the authorization to the ENGINEER. PART 2- PRODUCTS 2.1 MANUFACTURERS (NOT USED) 2.2 MATERIALS A. Sump Pumps: 1. CONTRACTOR shall provide own power for nuisance flow management. Utilize engine (diesel) driven sump pumps or engine driven generator. 2. Engines used to power sump pumps shall be in noise attenuated enclosures and meet the latest local Air Quality Management Board requirements. Activated Sludge Clarifier Repairs at P2 WORK RESTRICTIONS Project No. FR2-0018 BID SET 01140-5 PART 3- EXECUTION 3.1 ACCESS A. The CONTRACTOR shall coordinate with County and other Agencies to obtain a permit to access the work area from the bike trail to the southwest of the clarifiers. Use of the area outside the plant fences or walls shall be for the placement of new materials into the clarifier only and removal of items and shall be limited to conditions spelled out in the permit. All effort to obtain such permit shall be included in the bid. All effort to comply with conditions of the permit shall be included in the bid. The use of the gates along the southerly boundary shall be by written approval. See Document 1 in Part H —Additional Contract Requirements and Reference Documents for a copy of the permit used for MP-248. See Document 2 in Part H for other OCSD restrictions that the CONTRACTOR shall comply with when using this off-site access. Requirements substantially different than the sample permit are not included in the scope of work. 3.2 PREPARATION A. Comply with the related provisions of the Contractor Safety Standards included in the Contract Documents. Comply with the OSHA and Cal/OSHA requirements. 1. CONTRACTOR shall provide all necessary safety an any other measures to allow the ENGINEER and OCSD access and movement within confined spaces. 2. The local Fire Department shall not be the CONTRACTOR's primary rescue means for any emergency in the confined space. The CONTRACTOR shall have a trained rescue team capable of any rescue(s)that might become necessary inside the confined space. Rescue team training documentation shall be provided to OCSD as part of the safety submittals. B. Alternative Work Hours 1. The Contract Duration is based on completion of all Work during the work days and hours stated in the General Requirements. The CONTRACTOR may be required to work alternative work hours; extended hours, multiple shifts and/or concurrent activities to meet critical schedule milestones, and Work restrictions or for schedule recovery. The CONTRACTOR shall submit a written request for alternative work hours and receive acceptance by the ENGINEER in accordance with the General Requirements before beginning work in alternative work hours. 2. The CONTRACTOR can elect to work alternative hours for convenience or schedule recovery (not required by schedule or operating constraint). The CONTRACTOR shall submit a written request for alternative work hours and receive acceptance by the ENGINEER in accordance with the General Requirements before beginning work in alternative work hours. The CONTRACTOR shall reimburse OCSD for additional expenses for inspection, testing, or incidentals caused by the alterative work hours for convenience, as stated in the General Requirements. The CONTRACTOR shall include in the Bid Price any costs to work alternative hours for convenience. The CONTRACTOR shall reimburse OCSD for additional expenses for inspection, testing, or incidentals caused by the alterative work hours for schedule recovery. C. CONTRACTOR shall give advance written notification to the ENGINEER for shutdown to take a facility out of service. The notification shall be twenty-one (21) Days in advance of the Work. CONTRACTOR's Construction Schedule shall include twenty- one (21) Days for OCSD to remove facility from service starting from receipt of CONTRACTOR's written notification to access facility. After OCSD has removed the facility from service, OCSD will notify CONTRACTOR that it is available for access to WORK RESTRICTIONS Activated Sludge Clarifier Repairs at P2 Project No. FR2-0018 01140-6 BID SET perform Work. CONTRACTOR shall not enter facility to perform Work until after receipt of OCSD's notification. 1. OCSD will gravity drain requested facilities to remove most liquids. Lock Out Tag Out Verify (LTV/LOTO) actions to enable CONTRACTOR to perform Work in conformance with Contract Documents will be performed prior to making facility available for Work. After gravity draining by OCSD has completed, CONTRACTOR shall perform any Facility Cleaning Requirements to render the facility ready for Work. 2. CONTRACTOR shall have full access into and around facility for purposes of performing Work. No other use is granted to CONTACTOR. 3. Upon completion of the Work,CONTRACTOR shall notify ENGINEER to begin the process of coordinating the return of the facility to service. 3.3 INSTALLATION A. Enforce safety procedures as required by the Work and in compliance with the codes and standards specified above, and with the Contractor Safety Standards. The CONTRACTOR is cautioned that not all of these measures are indicated in the work sequence, work restrictions portions of the specifications. See Contractor Safety Standards that are part of the contract. Activated Sludge Clarifier Repairs at P2 WORK RESTRICTIONS Project No. FR2-0018 BID SET 01140-7 Shimmick Construction Co. , Inc. SHIMMICK Technology Dr. Sui Suite 300 Irvine, CA 92618 Main: 949.333.1501500 SHIMMICK.COM 22 December 2021 VIA EMAIL TO construction(a)-ocsan.gov Brandon Garcia Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Subject: Bid Protest— Project FR2-0018 Activated Sludge Clarifier Repairs at Plant No. 2 Ref: OC San's Recommendation of Award for Project FR2-0018 Dear Mr. Brandon Garcia: 1. Introduction Shimmick Construction Company (Shimmick) is the lowest responsive, responsible bidder on the project known as FR2-0018 Activated Sludge Clarifier Repairs at P2 ("Project"). The Project consists of the replacement of all mechanical "chain and flight" collection system components within six (6) clarifiers at the Secondary Clarifiers at Plant No. 2. The Orange County Sanitation District ("OC San") received bids for the Project on November 23, 2021. The bidders consisted of Abhe & Svoboda, Inc.(A&S), Environmental Construction Inc. (Environmental), Houalla Enterprises, Ltd. dba Metro Building Engineering Group Ltd. (Metro), J.R. Filanc Construction Co. Inc. (Filanc), Kiewit Infrastructure West Co. (Kiewit), Mehta Mechanical Co. Inc. dba MMC, Inc. (MMC), Orion Construction Corp. (Orion), Steve P. Rados, Inc. (Rados), Tharsos Inc (Tharsos), and W.M. Lyles Co. (Lyles). This is Shimmick's protest to the non-responsive bids submitted by all other contractors. As set forth below, all other contractors' bids did not conform to OC San's bid instructions. Summarily, other contractors: (1)failed to provide a Baseline Bid Schedule and Baseline Narrative Bid Work Plan per BF-4, (2) omitted commissioning activities critical to the Baseline Construction Bid Schedule, (3) omitted submittal activities which are required under specification section 01810, and (4)failed to properly show project completion within the requested 580 calendar days due to the omission of the aforementioned activities. • A&S: Non-responsive for reasons 1-4 above • Environmental: Non-responsive for reasons 1-4 above • Metro: Non-responsive for reasons 1-4 above • Filanc: Non-responsive for reasons 2-4 above Shimmick Construction Co. , Inc. SHIMMICK Technology Dr. Sui Suite 300 Irvine, CA 92618 Main: 949.333.1501500 SHIMMICK.COM • Kiewit: Non-responsive for reasons 2-4 above • MMC.: Non-responsive for reasons 1-4 above • Orion: Non-responsive for reasons 2-4 above • Rados: Non-responsive for reasons 2-4 above • Tharsos: Non-responsive for reasons 1-4 above • Lyles: Non-responsive for reasons 1-4 above Each error and omission renders all other Contractors' bid non-responsive. The errors and omissions may not be waived because — individually and in the aggregate — they impacted the other contractors' bid price and/or resulted in an unfair advantage not available to Shimmick. California law precludes acceptance of the other contractors' flawed, non-responsive bids. The project should be awarded to Shimmick the lowest responsive, responsible bidder who met the Scheduling requirements of OC San. 2. Factual Background Bid Submittal Form 4 ("BF-4") Attachment C States, "The Baseline Construction Bid Schedule (Bar Chart) shall include but not be limited to the following activities as applicable: submittals, procurement, mobilization, work tasks, weather allowance, closeout and milestones for Substantial Completion and Final Completion of the Work." Contractors A&S, Environmental, Metro, MMC, Tharsos and Lyles did not submit a Baseline Construction Bid Schedule or Baseline Narrative Bid Work Plan. As these documents were not submitted, OC San is unable to ensure compliance with requirements specified as part of the Bid evaluation process and should deem these bidders non-responsive per BF-4 Attachment C. Additionally, Specification section 01140-1.13.A states, "The CONTRACTOR shall work on one clarifier at a time until they are fully tested, certified, and completed. OCSD will provide written notification to move onto the next clarifier. Allow for two weeks between end of testing and start of next clarifier so OCSD has a chance to put new clarifier in service and drain next clarifier[AHl]." Filanc, Kiewit, Orion and Rados did not include the Gate Report Submittals as described in Specification Section 01810-1.4 in their Baseline Construction Bid Schedules. According to Specification section 01810 - Table 1 b ("Table 1 b"), there will be gate reports which will require submission and OC San's approval prior to proceeding with the next Phase of Commissioning. Shimmick identified two gate reports which will necessarily be on the critical path of the project. These reports consist of Commissioning Phase 1 Gate Report which is required to be submitted after the Phase 1 Pre-ORT activities are completed and Commissioning Phase 2 Gate Report which is required to be submitted after the Phase 2 ORT and FAT activities are completed. As these commissioning activities and submittals were not identified in these contractors' Baseline Construction Bid Schedules, they have not allocated the required time for testing and commissioning as specified by OC San. Attachment C Question 4 States, "The Baseline Construction Bid Schedule (Bar Chart) shall allocate a minimum of twenty five (25) calendar days for OC SAN submittal review." Filanc, Kiewit, Orion and Rados did not include these required submittal activities within their bid will require an additional 50 days per clarifier to be added to its schedule. This amounts to a total Shimmick Construction Co., Inc. 530 Technology Dr. Suite 300 Irvine, CA 92618 Main: 949.333.1500 SHIMMICK.COM of 300 Calendar days (50 days X 6 clarifiers). This failure is another reason the bids of the aforementioned contractors are non-responsive. And finally, BF-4 Attachment C states, "A Baseline Construction Bid Schedule (Bar Chart) showing negative float shall not be accepted by OC SAN and shall deem Bidder Non-Responsive to the requirements of this IFB." The addition of the missing submittal activities to Filanc, Kiewit, Orion and Rados' Bid Schedules will increase the total number of calendar days in their schedules by 300 days and subsequently make the Filanc, Kiewit, Orion and Rados' bids non-responsive. In order to meet contractual requirements, including minimal schedule review times, Shimmick included extensive OT and multiple shifts in its bid price. The failure of other contractors to submit bids accounting for schedule review times and other project requirements will result in providing those contractors with an unfair competitive advantage over Shimmick. This is not permitted under California law. Accordingly, Shimmick respectfully requests that OC San reject all of the non-responsive bids submitted as set forth above and award the Project to Shimmick. Thank you. Fernando De Leon VP MEP Division Shimmick Construction 10844 Ellis Avenue AN Fountain Valley.CA 92708 OC6S714.9.2.2411 ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov January 4, 2022 Via Email: dodear(a)wmlylesco.com David H. O'Dear Ananaun W.M. Lyles Co. 525 W. Alluvial Ave., Suite B Brea Fresno, CA 93711 Buena Park SUBJECT: Notice to all Bidders Cypress Project No. FR2-0018, Activated Sludge Clarifier Repairs at Plant No. 2 Fountain Valley This notice supersedes the Award Recommendation Notice issued by the Orange County Fullerton Sanitation District (OC SAN) on December 15, 2021, for the above-referenced Project. Garden Grove After further evaluation of the bids, the Evaluation Team has determined that there was an inadvertent error in the IFB documents, which resulted in ambiguity in the bidding Huntington Beach requirements. The Evaluation Team hereby rescinds its previous recommendation and will Irvine recommend rejecting all bids and re-advertising the Project in early 2022. La Habra The recommendation will be included as an item on OC SAN's Operations Committee agenda. The Operations Committee Meeting is scheduled for: La Palma Date: February 2, 2022 Los Alamitos Time: 5:00 P.M. Pacific Time Newport Beach Location: Orange County Sanitation District Board Room, Administration Building Orange 10844 Ellis Avenue Fountain Valley, CA 92708 Placentia Santa Ana If approved by the Operations Committee, the recommendation will be forwarded to OC SAN's Board of Directors for approval. The Board of Directors Meeting is scheduled for: seal Beach Date: February 23, 2022 Stanton Time: 6:00 P.M. Pacific Time Tustin Location: Orange County Sanitation District Board Room, Administration Building Villa Park 10844 Ellis Avenue Fountain Valley, CA 92708 County of Orange Costa Mesa The Final Agenda Report will be posted not less than 72 hours prior to the Board of Sanitary District Directors Meeting. Should you wish to determine if the item has been placed on the agenda, please contact the Clerk of the Board at (714) 593-7433. Midway city Sanitary District 11,1,1 y si1.oy Ludwig Laws L Wl ON J- .Jv..... Irvine Ranch OC a .wcn-y gapus, CmtreN.rnLapS,LUOIN, ml=LLAPUS@0CSD.COM Water District Dale:2022 01 04 10:56:00-08'00' Ludwig Lapus Yorba Linda Senior Contracts Administrator Water District LL:ND:yp cc: K. Millea, S. Speakman, R. Cuellar, K. Lore, B. Garcia, C. Marcin, N_ Dubrovski Our Mission:To protect public health and the environment by providing effective wastewater collection, treatment. and recycling. Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2091 Agenda Date: 2/2/2022 Agenda Item No: 13. FROM: James D. Herberg, General Manager Originator: Lan C. Wiborg, Director of Environmental Services SUBJECT: COVID-19 SEWAGE SURVEILLANCE PROJECT UPDATE GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND Each month, staff provides informational presentations on topics of interest to the Board of Directors. This month's first topic: Orange County Sanitation District COVID-19 Sewage Surveillance Project Update. Sewage Surveillance, also known as Wastewater-Based Epidemiology, is the study of community- level infection prevalence through measuring the concentration of the pathogen either directly or indirectly (i.e., using biomarkers) in the pooled community sewage samples. Staff will present an update on the status of OC San's sewage surveillance efforts to date. RELEVANT STANDARDS • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Make it easy for people to understand OC San's roles and value to the community • Commitment to safety & reducing risk in all operations ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • California Water Quality Monitoring Council Resolution No. 2021-0001 • SWRCB Resolution No. 2021-0049 • Presentation Orange County Sanitation District Page 1 of 1 Printed on 1/26/2022 powered by LegistarTM CALIFORNIA WATER QUALITY MONITORING COUNCIL RESOLUTION NO. 2021-0001 WATERUAITY MONITORING WASTEWATER-BASED SURVEILLANCE OF COVID-19 COUNCIL WHEREAS: 1. The World Health Organization declared COVID-19 a world health emergency in January 2020, followed shortly thereafter by the United States declaring a public health emergency. 2. Public health officials need accurate and timely information on the spread, movement, and control of the COVID-19 virus. 3. California's research and wastewater utilities quickly demonstrated international leadership in advancing a new approach to prevalence assessment: Wastewater-based epidemiology (WBE)to quantify trends in COVID-19. WBE complements clinical testing and can detect the virus shed by both symptomatic and asymptomatic individuals. WBE also yields information several days and almost two weeks sooner than it takes to collate individual testing and hospitalization records, respectively. 4. California's utilities undertook these efforts at their own expense, partnering with research institutions such as Stanford University, the University of California (UC) at Berkeley, UC Davis, UC San Diego, University of Arizona, Loma Linda University, University of Southern California, the Water Research Foundation, and the Southern California Coastal Water Research Project Authority to implement those efforts. Several utilities initiated these efforts as early as March 2020, with continual participation for the last 18 months. Those early efforts established sampling and analysis protocols subsequently adopted by others and demonstrated to the world that WBE is a valuable tool to inform COVID-19 public health response. 5. The US Department of Health and Human Services subsequently partnered with utilities in two phases of pilot studies to study the logistics of implementing WBE nationally. Eleven California utilities participated in Phase 1 and 25 utilities participated in Phase 2. 6. The California Department of Public Health and the State Water Resources Control Board entered into a formal partnership with the Centers for Disease Control and Prevention in December 2020 in a comprehensive program to further develop the WBE approach. Five California utilities participated in that program, again at their own expense, voluntarily collecting wastewater samples three times a week, analyzing samples according to protocol, submitting data to the Center for Disease Control's National Wastewater Surveillance System (NWSS), and participating in monthly California NWSS Workgroup coordination meetings for the state's pilot wastewater surveillance program. Originally a six-month project, these five utilities continue to participate in the program and make their data available to the public. 7. The California Water Quality Monitoring Council (Council) was formed by CA Senate Bill 1070 (Kehoe, 2006) and is mandated under California Water Code Section 13181 to enhance the effectiveness of California's water quality monitoring systems, with Council members appointed by the Secretaries of CaIEPA and Department of Natural Resources. The Council worked with utilities to help enhance the sampling and analysis protocols for WBE and was impressed by the commitment of California's wastewater utility community to help inform management of this public health crisis. NOW THEREFORE BE IT RESOLVED THAT: The California Water Quality Monitoring Council (Council) formally recognizes and extends its profound appreciation for the efforts of the utilities below to develop and implement wastewater monitoring that informs responses to the COVID-19 pandemic and protects the health of Californians. Utilities that were early trendsetters in implementing wastewater-based epidemiology prior to the formal development of State and Federal programs and who have maintained sampling for more than a year: • East Bay Municipal Utilities District • Orange County Sanitation District • Los Angeles County Sanitation Districts Los Angeles City Sanitation and Environment City of San Diego Public Utilities San Francisco Public Utilities Commission City of Gilroy City of Davis Silicon Valley Clean Water City of Palo Alto Regional Water Quality Control Plant San Jose-Santa Clara Regional Wastewater Facility Sacramento Regional County Sanitation District City of Sunnyvale City of San Bernardino Water Reclamation Facility • Sanitary District No.5 of Marin County • Central Marin Sanitation Agency • Las Gallinas Valley Sanitary District • Sausalito-Marin City Sanitary District • Sewerage Agency of Southern Marin • Novato Sanitary District • Central Contra Costa Sanitary District • Delta Diablo Sanitary District • West County Water District • City of Yountville • City of American Canyon • Union Sanitary District • City of Vacaville Lake County Sanitation District South Orange County Wastewater Authority Oro Loma Sanitary District Las Virgenes Municipal Water District 2 Mariposa Public Utility District Utilities that participated in the Center for Disease Control's National Wastewater Surveillance System program in cooperation with the State Water Quality Control Boards: • Los Angeles County Sanitation Districts • Los Angeles Sanitation and Environment • City of San Diego Public Utilities • Orange County Sanitation District • San Francisco Public Utilities Commission Utilities that participated in the US Health and Human Services national monitoring pilot program: • East Bay Municipal Utilities District • Orange County Sanitation District • Los Angeles County Sanitation Districts • Los Angeles City Sanitation and Environment • City of San Diego Public Utilities • San Francisco Public Utilities Commission • Sacramento Regional Wastewater Treatment Plant • Central Contra Costa Sanitary District • Encina Water Pollution Control Facility • Oxnard Wastewater Treatment Plant • Silicon Valley Clean Water • City of San Mateo Wastewater Treatment Plant • Laguna Niguel Regional Treatment Plant • City of San Luis Obispo Water Resource Recovery Facility • Delta Diablo • Las Virgenes Municipal Water District • Carmel Area Wastewater District • City of Eureka • City of Fresno • Valley Sanitary District • City of Lincoln Wastewater Plant • City of Lompoc WWTP • City of Oxnard • City of Paso Robles • City of Redlands • San Elijo JPA • City of Santa Barbara • City of Santa Cruz • City of Santa Rosa • City of Watsonville WWTF • City of San Bernardino Municipal Water Department • Sewer Authority Mid-Coastside 3 CERTIFICATION: The undersigned Co-Chairs of the Council do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the California Water Quality Monitoring Council held on November 10, 2021. AYE: Co-Chair Karen Mogus Co-Chair (alternate) Chad Dibble Council Member Grant Sharp Council Member (alternate) Mark Cady Council Member Helen Fitanides Council Member Ray Heimstra Council Member Steve Weisberg NAY: None ABSENT: Drinking Water Council Member Regulated Community— POTWs Council Member ABSTAIN: Council Member Peter Vroom Karen Mogus Mark Gold Co-Chair representing CaIEPA Co-Chair representing CNRA 4 STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2021-0049 RECOGNIZING WASTEWATER TREATMENT UTILITIES' VOLUNTARY CONTRIBUTIONS TO MONITORING FOR COVID-19 IN WASTEWATER WHEREAS: 1. The World Health Organization declared COVID-19 a world health emergency in January 2020, followed shortly thereafter by the United States declaring a public health emergency. 2. Public health officials need accurate and timely information on the spread, movement, and control of the COVID-19 virus. 3. California's research institutions and wastewater utilities quickly demonstrated international leadership in advancing a new approach to prevalence assessment: Wastewater-based epidemiology (WBE) to quantify trends in COVID-19. WBE complements clinical testing and can detect the virus shed by both symptomatic and asymptomatic individuals. WBE also yields information several days sooner than it takes to collate individual testing and hospitalization records, respectively. 4. California's wastewater utilities undertook these efforts at their own expense, partnering with research institutions such as Stanford University, the University of California (UC) at Berkeley, UC Davis, UC San Diego, University of Arizona, Loma Linda University, University of Southern California, the Water Research Foundation, and the Southern California Coastal Water Research Project Authority to implement those efforts. Several utilities initiated these efforts as early as March 2020, with continual participation for the last 18 months. Those early efforts established sampling and analysis protocols subsequently adopted by others and demonstrated to the world that WBE is a valuable tool to inform COVID-19 public health response. 5. The US Department of Health and Human Services subsequently partnered with utilities in two phases of pilot studies to study the logistics of implementing WBE nationally. Eleven California utilities participated in Phase 1 and 25 utilities participated in Phase 2. 6. The California Department of Public Health and the State Water Resources Control Board entered into a formal partnership with the Centers for Disease Control and Prevention in December 2020 in a comprehensive program to further develop the WBE approach. Five California utilities participated in that program, again at their own expense, voluntarily collecting wastewater samples three times a week, analyzing samples according to protocol, submitting data to the Center for Disease Control's National Wastewater Surveillance System (NWSS), and participating in monthly California NWSS Workgroup coordination meetings for the state's pilot wastewater surveillance program. Originally a six-month project, these five utilities continue to participate in the program and make their data available to the public. 7. Utilities that were early trendsetters in implementing wastewater-based epidemiology prior to the formal development of State and Federal programs and who have maintained sampling for more than a year: • East Bay Municipal Utilities District • Orange County Sanitation District • Los Angeles County Sanitation Districts • Los Angeles City Sanitation and Environment • City of San Diego Public Utilities • San Francisco Public Utilities Commission • City of Gilroy • City of Davis • University of California, Davis • Silicon Valley Clean Water • City of Palo Alto Regional Water Quality Control Plant • San Jose-Santa Clara Regional Wastewater Facility • Sacramento Regional County Sanitation District • City of Sunnyvale • City of San Bernardino Water Reclamation Facility • Sanitary District No.5 of Marin County • Central Marin Sanitation Agency • Las Gallinas Valley Sanitary District • Sausalito-Marin City Sanitary District • Sewerage Agency of Southern Marin • Novato Sanitary District • Central Contra Costa Sanitary District • Delta Diablo Sanitary District • West County Water District • City of Yountville • City of American Canyon • Union Sanitary District • City of Vacaville • Lake County Sanitation District • South Orange County Wastewater Authority • Oro Loma Sanitary District • Las Virgenes Municipal Water District • Mariposa Public Utility District 2 8. Utilities that participated in the Center for Disease Control's National Wastewater Surveillance System program in cooperation with the State Water Quality Control Boards: • Los Angeles County Sanitation Districts • Los Angeles Sanitation and Environment • City of San Diego Public Utilities • Orange County Sanitation District • San Francisco Public Utilities Commission 9. Utilities that participated in the US Health and Human Services national monitoring pilot program: • East Bay Municipal Utilities District • Orange County Sanitation District • Los Angeles County Sanitation Districts • Los Angeles City Sanitation and Environment • City of San Diego Public Utilities • San Francisco Public Utilities Commission • Sacramento Regional Wastewater Treatment Plant • Central Contra Costa Sanitary District • Encina Water Pollution Control Facility • Oxnard Wastewater Treatment Plant • Silicon Valley Clean Water • City of San Mateo Wastewater Treatment Plant • Laguna Niguel Regional Treatment Plant • City of San Luis Obispo Water Resource Recovery Facility • Delta Diablo Sanitary District • Las Virgenes Municipal Water District • Carmel Area Wastewater District • City of Eureka • City of Fresno • Valley Sanitary District • City of Lincoln Wastewater Plant • City of Lompoc WWTP • City of Oxnard • City of Paso Robles • City of Redlands • San Elijo JPA • City of Santa Barbara • City of Santa Cruz • City of Santa Rosa • City of Watsonville WWTF • City of San Bernardino Municipal Water Department • Sewer Authority Mid-Coastside 3 THEREFORE BE IT RESOLVED THAT: The State Water Resources Control Board formally recognizes and extends its profound appreciation for the voluntary efforts and expenditures the aforementioned utilities have contributed to the development and implementation of wastewater monitoring to inform responses to the COVID-19 pandemic to protect the health of Californians. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 16, 2021 . AYE: Chair E. Joaquin Esquivel Vice Chair Dorene D'Adamo Board Member Sean Maguire Board Member Laurel Firestone Board Member Nichole Morgan NAY: None ABSENT: None ABSTAIN: None `-f C ,n c Yi� '--j wmatd- Jeanine Townsend Clerk to the Board 4 1/26/2022 Update on OC San's COVID-19 Sewage Surveillance Efforts 1. 1 • • • Introduction to sewage surveillance • OC San, SWRCB/CDPH, and CDC efforts • Next steps • Acknowledgement z z 1 1/26/2022 Sewage Surveillance .' What is sewage surveillance (WBE)? • Measure microbiological markers in wastewater • Community-level infection • Augment clinical surveillance • Inform on public health interventions How is it used during COVID-19? • SARS-CoV-2 markers shed in feces (symptomatic/asymptomatic) • Early and unbiased indicator of changes in community infection • Variant detection 3 Early Days A lot ofUnknowns -----__——_fl Ina Los Angeles Times inlen*icw early I'll week,Z.as quoted as saying, "I wouldn't go in the water if you paid me SCIeTItIStS arc unsure Of COiOItaV1iUS effects at the beatSl million right now."She Posited that SARS-CoV-2,the virus that causes COVID-rg, BY R05ANNA%IA Q 9 days later,in a could enter the ocean—through raw or poorly APR 2,20201 a'00 AM follow-up article treated sewage—and then get kicked back opoATro o7Ie AM into the air along the surf zone. ®a leading atmospheric chemist s Institution of Oceanography, But new research published 7infectious rview at the ScnpP surfer, has changed her thinking.T wants to yell out her window at eveh includes an accvlcra tvtl puhliud) runner,andbiker she spots along in the journal Nature,which he Diego mast. virus did not appear to remaiin o in the water if you PaDnmeU fecal matter. l ��tg shesaid million right now, "The main exposure risk to the water The beach,in her estimation, is one of the recreation community remains sewage laces to be these days,as pollution and urban runoff into the ocean, most dangerous p which can increase after major storms such a 4 2 1 Wait or Innovate? • Lessons from prior wastewater surveillance efforts • Obtain expert advice i • Establish current and future use cases • Sustainable field and laboratory resources • Criteria for collaboration i OC San Efforts 3 1111cls 1 in raw wastewater SWRCB:DPR-2 Aaaed sAnsrov-z University of Arizona (WEST Center) Stanford I Univ.of Michigan I SCCWRP Lab Assessment CDPHISWRCBI CDC 1/26/2022 California • National Efforts =Ngn(BakbSBeC F2) • California NWSS • Part of CDC's NWSS • Began 12/2020 with 5 largest wastewater agencies • Currently includes 22 agencies A _PkmeBe EBMUD:OYBentl ov�(oD) (sn�m•rco) • Monitor sewage for SARS-CoV-2 -ona&-_) marker and variants A,.dg~ ucw ,�.V. n Berm ro(sBMgv) c°unN B°waa lr�" • Data transmitted to CDC NWSS portal ( 7 7 CIC San Sewage Surveillance 6 SAN Coronavirus in Sewage at OC San Plant 1(Data through 1/25/2022) onn"ce co°Mry a45 9000 New Cases(7-day average)-OC San Service Area y •Coronavirus Concentration(DPR-2) 8000 • `w •Coronavirus Concentration(SCCWRP) p • 7000 y •Coronavirus Concentration(ZYMO) 'a c 30 • 6000 A y c w • u Q 5000 (o C • Z 9 Op4000 m v t u w 15 • • 3000 m V� • c A O •� • •• • 2000 p G E • • % •; • 1000 • • • • 0 • 0 Notes:For recent dates,new case numbers are preliminary.Non-detect results are not shown on graph. ~ 8 8 4 1/26/2022 OC San Sewage A SANCoronavirus in Sewage at OC San Plant 1(Data through 1/25/2022) o.ce covxn 45n�nox msmicr 9000 New Cases(7-day average)-OC San Service Area •Coronavirus Concen1rati-(DPR-2) 8000 mod„ •fjoronavuus Concentration(SCCWRP) A •Coronavirus Concentration(ZVMO) p a 7000 m w � O 30 6000 • V ` " • 3 `m m 5000 m 0¢ Z ua l N • • 4000 S c • • u •u 15 3000 m `o _ • • s `o¢ A u H • O 2000 c • 0 = 1000 • 0 • 0 ./1/21 lz/15/21 12/29/21 1/12/2z Notes:For recent dates,new case numbers are preliminary.Non-detect results are not shown on graph. 9 9 Looking Ahead • Continue to partner with CDPH and SWRCB to support CDC NWSS • Test sewage 3x/week through December 2022 • Continue surveillance and add variant monitoring CDPH / CDC 10 10 5 1/26/2022 Statewide • • • for OC San y v u; tv u au Lh� 644 . t STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO.2021-0049 RECOGNIZING WASTEWATER TREATMENT UTILITIES'VOLUNTARY CONTRIBUTIONS TO MONITORING FOR COVID-19 IN WASTEWATER CALIFORNIA WATER QUALITY MONITORING COUNCIL RESOLUTION NO.2021-0001 WATERUALITY MONITORING WASTEWATER-BASED SURVEILLANCE OF COVID-19 COUNCIL 11 Acknowledge • Margil Jimenez —Scientist • Jennifer Cabral — Administration Manager • Management • Partners J� © C( A �tz •,Cal�forn�a I)cparn„cnc of v ZYMRESEARCH 5' Trussell PublieHealth Water Boards the BreuryoJSeirnnuro Make Things.SirP, TECHN-LOGIESINC U.S.Department of ce n nters f.,Disease 09CASA Nete Human services ergy Sustainable for Controland Prevenoon � TechnologyWat8Ener Center 12 12 6 1/26/2022 Questions 41 Samuel Choi schoi@ocsan.gov 13 7 Administration Building OPERATIONS COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2103 Agenda Date: 2/2/2022 Agenda Item No: 14. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: PURCHASING, CONTRACTS, AND MATERIALS MANAGEMENT DEPARTMENT OVERVIEW GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND Each month, staff provides informational presentations on topics of interest to the Board of Directors. This month's second topic: Orange County Sanitation District's procurement process, bids vs. Request for Proposals (RFP), and sole source contracts vs. competitive contracts. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Participate in local, state, and national cooperative purchasing programs • Comply with OC San Policy: Ordinance No. OC SAN-56 ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Presentation Orange County Sanitation District Page 1 of 1 Printed on 1/25/2022 powered by LegistarTM 1/25/2022 �1 PresentedPurchasing and Ruth Zintzun, Contracts Manager Purchasing, Contracts, and Operations Materials Management Committee Department Overview OC SAN ORANGE COUNTY DISTRICT Mission Statement "Provide goods, services, and information with the commitment to achieving the highest ethical, economic, and progressive standards possible." provision q� competit�orlb Procurement ,,,.. W�a price tendering* logistico; AV 2 1 1/25/2022 Rules • Regulations • State Law • OC San Policies • Public Contract Code • Ordinance No. OC SAN-56 • Mini-Brooks Act • CA Government Code • Federal and State Grant Requirements 3 3 Purchasin • Approval • • • Ordinance No. OC SAN-56 ➢ Sufficient Budget Available and Authorized ➢ General Manager up to $100K ➢ Standing Committees up to $200K ➢ Board Approval if over$200K 4 2 1/25/2022 Materials Management Shipping and -—-� receiving Quality Stocking and control distribution • 6,300 inventory Items Materials Management i Tool crib Inventorycontrol • $7.8 m of inventory Uniform Disposal management 5 Contracts Public Works Construction $471 m awarded last year Professional Services $74 m awarded last year Contract Administration $720 m construction projects in active administration Template Updates Continually updated to reflect evolving practices and updated regulations 6 6 3 1/25/2022 Purchasing 70+ Annual solicitations • Equipment • Services $50M Annual PO value • Consulting Services • Supplies DK+ POs issued annually Procurement Process Identification of Need p� • • O�� Choosing Relevant Procurement Method Solicitation Development a cc141, Conduct Solicitation Evaluate Submittals Q --ce LAP Obtain Appropriate Approvals Finalize and Award -�; 1) • • Q X Contract Administration 8 S 4 1/25/2022 Procurement Methods Public Works . • Construction,erection,or alteration of any type of structure,building,or improvement • Publicly advertised competitive solicitation if work is over$35,000 • Awarded to lowest Responsive&Responsible Bidder • No contract negotiations 9 Procurement • • Request for • • • Qualifications Services provided by professionals that involve specialized judgement,skill,and expertise • Competitive solicitation if service is over$10,000 • Award is based on Best Value • Contract negotiations may occur io 10 5 1/25/2022 Procurement Methods . . . Fixed,movable,disposable,and/or reusable products,equipment,materials,or supplies; or furnishing of materials,labor,time,or effort by a Contractor. • Competitive solicitation if goods or services are over$10,000 • Awarded to lowest Responsive&Responsible bidder • No contract negotiations 11 Exem • ions Emergency- A Sole Source Purchases that are required to prevent Goods and/or services are: immediate interruption or cessation of 11 Of a unique nature based on the quality, necessary services or to safeguard life, durability,availability,fitness or property,or the public health and welfare qualifications for a particular use;or 2) Only available from one source • General Manager or designee determines the urgent need or sole source • Awarded through negotiated procurement Board Chairman concurrence if emergency over$100,000 ➢ Board ratified at next regular meeting 12 6 1/25/2022 Developments Electronic Bidding ®Adobe Sign PV,"hb' Remote Warehousing Electronic Signatures v ; EBIX Insurance Verification Vendor Outreach 13 13 Questions 14 14 7 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California LOS Level Of Service RFP Request For Proposal Water Agencies APWA American Public Works MGD Million Gallons Per Day RWQCB Regional Water Quality Association Control Board AQMD Air Quality Management MOU Memorandum of SARFPA Santa Ana River Flood District Understanding Protection Agency ASCE American Society of Civil NACWA National Association of Clean SARI Santa Ana River Engineers Water Agencies Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy SARWQCB Santa Ana Regional Water Act Quality Control Board California Air Resources Non-Governmental Santa Ana Watershed CARB Board NGOs Organizations SAWPA Project Authority CASA California Association of NPDES National Pollutant Discharge SCADA Supervisory Control And Sanitation Agencies Elimination System Data Acquisition National Water Research Southern California CCTV Closed Circuit Television NWRI Institute SCAP Alliance of Publicly Owned Treatment Works CEQA California Environmental O& M Operations&Maintenance SCAQMD South Coast Air Quality Quality Act Management District Capital Improvement Orange County Council of SOCWA South Orange County CIP Program OCCOG Governments Wastewater Authority CRWQCB California Regional Water OCHCA Orange County Health Care SRF Clean Water State Quality Control Board Agency Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation SSMP Sewer System District Management Plan CWEA California Water Environment OCWD Orange County Water District SSO Sanitary Sewer Overflow Association EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and TDS Total Dissolved Solids Health Administration US Environmental Protection Professional EPA Agency PCSA Consultant/Construction TMDL Total Maximum Daily Load Services Agreement FOG Fats, Oils, and Grease PDSA Professional Design Services TSS Total Suspended Solids Agreement Per-and Polyfluoroalkyl Waste Discharge gpd gallons per day PFAS Substances WDR Requirements GWRS Groundwater Replenishment PFOA Perfluorooctanoic Acid WEF Water Environment System Federation Water Environment& ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Reuse Foundation IERP Integrated Emergency POTW Publicly Owned Treatment WIFIA Water Infrastructure Response Plan Works Finance and Innovation Act Water Infrastructure JPA Joint Powers Authority ppm parts per million WIIN Improvements for the Nation Act Local Agency Formation PSA Professional Services WRDA Water Resources LAFCO Commission I Agreement I Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS—A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS —The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) — The amount of oxygen used when organic matter undergoes decomposition by microorganisms.Testing for BOD is done to assess the amount of organic matter in water. BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. 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 farmland 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 (D/T) —The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) — 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 SYSTEM(GWRS)—Ajoint 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 OCSD provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS)—Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP(NBP)—An alliance of the NACWA and WEF,with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PER-AND POLYFLUOROALKYL SUBSTANCES (PFAS) — A large group (over 6,000) of human-made compounds that are resistant to heat,water,and oil and used for a variety of applications including firefighting foam,stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS)and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression,thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) — An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants,food packaging, and cookware(Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS)—A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. PLUME—A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW)—A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE—A regional brine line designed to convey 30 million gallons per day 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. 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. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS 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.