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04-07-2021 Operations Committee Meeting Complete Agenda Packet 3-31-2021
ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which temporarily suspend portions of the Brown Act which addresses the conduct of public meetings. The General Manager and the Chairman of the Board of Directors have determined that due to the size of the Orange County Sanitation District’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. The Operations Committee meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx You may submit your comments and questions in writing for the Operations Committee’s consideration in advance of the meeting by using the eComment feature available via the webpage above or sending them to OCSanClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 5:00 p.m. on Tuesday, April 6, 2021. You may also submit comments and questions for the Operations Committee’s consideration during the meeting by using the eComment feature that will be available via the webpage above for the duration of the meeting. All public comments will be provided to the Operations Committee and may be read into the record or compiled as part of the record. Thank you. OC ~SAN ORANGE COUNTY SANITATION DISTRICT March 31, 2021 NOTICE OF MEETING OPERATIONS COMMITTEE ORANGE COUNTY SANITATION DISTRICT Wednesday, April 7, 2021 – 5:00 P.M. ACCESSIBILITY FOR THE GENERAL PUBLIC Due to the spread of COVID-19, the Orange County Sanitation District will be holding all upcoming Board and Committee meetings by teleconferencing and Internet accessibility. This meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx A regular meeting of the Operations Committee of the Orange County Sanitation District will be held in the manner indicated herein on Wednesday, April 7, 2021 at 5:00 p.m. 0 ~SAN 10844 Ellis Avenue Fountain Valley, CA 92708 714.962.2411 ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving: Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park County of Orange Costa Mesa Sanitary District Midway City Sanitary District Irvine Ranch Water District Yorba Linda Water District OPERATIONS COMMITTEE MEETING DATE BOARD MEETING DATE 04/07/21 04/28/21 05/05/21 05/26/21 06/02/21 06/23/21 07/07/21 07/28/21 AUGUST DARK 08/25/21 09/01/21 09/22/21 10/06/21 10/27/21 11/03/21 11/17/21 * 12/01/21 12/15/21 * JANUARY DARK 01/26/22 02/02/22 02/23/22 03/02/22 03/23/22 * Meeting will be held on the third Wednesday of the month ROLL CALL OPERATIONS COMMITTEE Engineering and Operations & Maintenance Meeting Date: April 7, 2021 Time: 5:00 p.m. Adjourn: COMMITTEE MEMBERS (14) Stacy Berry (Chair) Brooke Jones (Vice-Chair) Doug Chaffee Stephen Faessel Ryan Gallagher Johnathan Ryan Hernandez Steve Jones Sandra Massa-Lavitt Kim Nichols Bob Ooten Jesus J. Silva Chad Zimmerman David Shawver (Board Chair) John Withers (Board Vice-Chair) OTHERS Brad Hogin, General Counsel STAFF 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 Kelly Lore, Clerk of the Board ORANGE COUNTY SANITATION DISTRICT Effective 2/9/2021 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR Anaheim Stephen Faessel Jose Diaz Brea Glenn Parker Steven Vargas Buena Park Art Brown Connor Traut Cypress Stacy Berry Anne Hertz Fountain Valley Patrick Harper Glenn Grandis 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 Jose Medrano La Palma Marshall Goodman Nitesh Patel Los Alamitos Mark A. Chirco Ron Bates 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 Sergio Contreras Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Phil Hawkins County Areas Board of Supervisors Doug Chaffee Donald P. Wagner OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 7, 2021 - 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 Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com 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. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file. 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@ocsd.com at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg, jherberg@ocsd.com / (714) 593-7300 Asst. General Manager: Lorenzo Tyner, ltyner@ocsd.com / (714) 593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsd.com / (714) 593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsd.com / (714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsd.com / (714) 593-7365 Director of Environmental Services: Lan Wiborg, lwiborg@ocsd.com / (714) 593-7450 OC ~SAN ORANGE COUNTY SANITATION DISTRICT OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 7, 2021 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AND DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: Your participation is always welcome. The Operations Committee meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx. You may submit your comments and questions in writing for the Operations Committee’s consideration in advance of the meeting by using the eComment feature available via the webpage above or sending them to OCSanClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 5:00 p.m. on April 6, 2021. You may also submit comments and questions for the Operations Committee’s consideration during the meeting by using the eComment feature that will be available via the webpage above for the duration of the meeting. All public comments will be provided to the Operations Committee 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. 1.2021-1565APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Regular Meeting of the Operations Committee Meeting on March 3, 2021. Originator:Kelly Lore Agenda Report 03-03-2021 Operations Committee Minutes Attachments: Page 1 of 5 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 7, 2021 2.2021-1443FLEET PURCHASE OF REPLACEMENT VEHICLES LT. DUTY TRUCKS, MED. DUTY TRUCKS, SEDANS/SUVs FOR FY20/21 RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Purchase Order to National Auto Fleet Group for the purchase of one new Ford Transit Cargo Van, four new Ford Escape Hybrid compact SUVs, four new Ford F250 Utility Body trucks, one new Ford F350 Crew truck, and two new F550 Mechanic Utility trucks using Sourcewell Cooperative Contract No. 120716-NAF for a total amount of $631,418 plus freight; and B. Approve a contingency of $31,571 (5%). Originator:Rob Thompson Agenda ReportAttachments: 3.2021-147824-MONTH / 12,000-HOUR SERVICE ON THREE THICKENING CENTRIFUGES AT PLANT NO. 1 RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order Contract to GEA Mechanical Equipment US Inc. to perform Original Equipment Manufacturer recommended 24-month/12,000-hour service on three Thickening Centrifuges at Plant No. 1, for a total amount not to exceed $723,158; and B. Approve a contingency of $72,316 (10%). Originator:Rob Thompson Agenda ReportAttachments: 4.2021-1516PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2, PROJECT NO. FE18-15 RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Plant Boiler System Relief at Plant No. 2, Project No. FE18-15; B. Award a Construction Contract to Mehta Mechanical Company, Inc., dba MMC, Inc. for a total amount not to exceed $230,000; and C. Approve a contingency of $34,500 (15%). Originator:Kathy Millea Agenda Report FE18-15 Contract Agreement & Exhibit A Attachments: Page 2 of 5 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 7, 2021 5.2021-1518ASSIGNMENT, WELL TRANSFER, AND OPERATORSHIP AGREEMENT WITH CHEVRON U.S.A. INC. RECOMMENDATION: Recommend to the Board of Directors to: Approve the Assignment, Well Transfer, and Operatorship Agreement between the Orange County Sanitation District and Chevron U.S.A. Inc. to accept the assignment of the NC-79 well located at Plant No. 2, APN No. 059-215-80, along with the related rights and obligations. Originator:Kathy Millea Agenda Report Assignment and Well Transfer Agreement Attachments: 6.2020-1218TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2, PROJECT NO. FR2-0013 RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No. 2, Project No. FR2-013; B. Reject low bid from MLC Constructors, Inc. as non-responsive; C. Award a Construction Contract to Mehta Mechanical Co., Inc. DBA MMC, Inc. for Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No. 2, Project No. FR2-0013, for a total amount not to exceed $184,000; and D. Approve a contingency of $36,800 (20%). Originator:Kathy Millea Agenda Report FR2-0013 Contract Agreement Package Attachments: NON-CONSENT: 7.2021-1433HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128A RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with AECOM Technical Services, Inc. to provide construction management, testing, and inspection services for Headquarters Complex at Plant No. 1, Project No. P1-128A, for an amount not to exceed $6,750,000; and Page 3 of 5 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 7, 2021 B. Approve a contingency of $675,000 (10%). Originator:Kathy Millea Agenda Report P1-128A PSA DRAFT Item 7 Presentation - P1-128A PSA Const Mgmt Attachments: 8.2020-1138NEWHOPE-PLACENTIA TRUNK SEWER REPLACEMENT, PROJECT NO. 2-72B RECOMMENDATION: Recommend to the Board of Directors to: Approve a contingency increase of $2,038,470 (3.5%) to the construction contract with Group OHL USA, Inc. for Newhope-Placentia Trunk Sewer Replacement, Project Nos. 2-72B and 2-72C, for a total construction contingency of $5,824,200 (10%). Originator:Kathy Millea Agenda Report Item 8 Presentation - 2-72B_2-72C Contingency Attachments: INFORMATION ITEMS: 9.2021-1418ORANGE COUNTY SANITATION DISTRICT COLLECTION System RECOMMENDATION: Information Item. Originator:Rob Thompson Agenda Report Item 9 Presentation - Wastewater Collection System Attachments: DEPARTMENT HEAD REPORTS: CLOSED SESSION: None. 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. Page 4 of 5 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 7, 2021 ADJOURNMENT: The next Operations Committee meeting is scheduled for Wednesday, May 5, 2021 at 5:00 p.m. Page 5 of 5 OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1565 Agenda Date:4/7/2021 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 Meeting on March 3, 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 March 3, 2021 Orange County Sanitation District Printed on 3/30/2021Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT Orange County Sanitation District Minutes for the OPERATIONS COMMITTEE Wednesday, March 3, 2021 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Operations Committee was called to order by Committee Chair Stacy Berry on Wednesday, March 3, 2021 at 5:02 p.m. in the Administration Building of the Orange County Sanitation District. Chair Berry stated that the meeting was being held telephonically and via audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19). Committee Vice-Chair Brooke Jones led the Flag Salute. ROLL CALL AND DECLARATION OF QUORUM: Roll call was taken and a quorum was declared present, as follows: PRESENT:Stacy Berry, Brooke Jones, Stephen Faessel, Ryan Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver, John Withers and Chad Zimmerman ABSENT:Doug Chaffee STAFF PRESENT: Kelly Lore, Clerk of the Board, and Mortimer Caparas 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; Jennifer Cabral; Raul Cuellar; Brian Engeln; Tina Knapp; Joshua Martinez; Jeff Mohr; Giti Radvar; and Thomas Vu were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel was in attendance telephonically. PUBLIC COMMENTS: None. REPORTS: Chair Berry and General Manager Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2021-1495 Originator: Kelly Lore Page 1 of 5 OC ~SAN ORANGE COUNTY SANITATION DISTRICT OPERATIONS COMMITTEE Minutes March 3, 2021 MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Operations Committee Meeting on February 3, 2021. AYES:Stacy Berry, Brooke Jones, Stephen Faessel, Ryan Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver, John Withers and Chad Zimmerman NOES:None ABSENT:Doug Chaffee ABSTENTIONS:None 2.PURCHASE OF INVENTORY REPLACEMENT PUMPS FOR PLANT NO. 1 DIGESTER HIGH-RATE PUMPS 2021-1457 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Sole Source Purchase Order to Flo-Systems for the purchase of two Hidrostal I16K-SS pumps for Plant No. 1 Digesters, for a total amount not to exceed $158,728, including taxes and freight; and B. Approve a contingency of $15,873 (10%). AYES:Stacy Berry, Brooke Jones, Stephen Faessel, Ryan Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver, John Withers and Chad Zimmerman NOES:None ABSENT:Doug Chaffee ABSTENTIONS:None 3.BIOSOLIDS HAULING SERVICE CONTRACT 2021-1467 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Page 2 of 5 OPERATIONS COMMITTEE Minutes March 3, 2021 A. Approve a Service Contract to Denali Water Solutions, LLC to collect and haul Orange County Sanitation District’s biosolids from Reclamation Plant No. 1 and/or Treatment Plant No. 2 to the Inland Empire Regional Composting Facility and alternative sites if needed for the period beginning May 12, 2021 through December 21, 2022, for the unit price of $15.45 per ton of biosolids, plus fuel surcharges, for a total amount not to exceed $600,000 per contract term, with four (4) one-year renewal options: and B. Approve a 10% unit price per ton contingency. AYES:Stacy Berry, Brooke Jones, Stephen Faessel, Ryan Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver, John Withers and Chad Zimmerman NOES:None ABSENT:Doug Chaffee ABSTENTIONS:None NON-CONSENT: Directors Johnathan Hernandez and Steve Jones appeared to be away during the vote for Item Nos. 4 and 5. 4.HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105 2020-1379 Originator: Kathy Millea Director of Engineering Kathy Millea presented an informative PowerPoint Presentation describing the complex construction necessary to rehabilitate the Headworks. Ms. Millea and Assistant General Manager Lorenzo Tyner responded to concerns from the Committee regarding the low number of bidders, the $70 million difference between the bid and the Engineers estimate, and the low contingency requested. Mr. Tyner stated that over 200 people viewed the plans and specifications, but only three bids were received. Ms. Millea stated that due to the complexity of the construction and possible unknown factors, the contingency was set at 4%, and staff will report back to the Board on progress and risks midway through construction. The Committee suggested the development of a risk register and possible construction partnering. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Page 3 of 5 OPERATIONS COMMITTEE Minutes March 3, 2021 A. Receive and file Bid Tabulation and Recommendation for Headworks Rehabilitation at Plant No. 1, Project No. P1-105; B. Award a Construction Contract to Kiewit Infrastructure West Co. for Headworks Rehabilitation at Plant No. 1 for a total amount not to exceed $222,330,000; and C. Approve a contingency of $8,893,200 (4%). AYES:Stacy Berry, Brooke Jones, Stephen Faessel, Ryan Gallagher, Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver, John Withers and Chad Zimmerman NOES:None ABSENT:Doug Chaffee, Johnathan Ryan Hernandez and Steve Jones ABSTENTIONS:None 5.HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105 2020-1380 Originator: Kathy Millea Ms. Millea provided a PowerPoint presentation describing the necessary professional construction services required for this project. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Construction Services Agreement with Carollo Engineers, Inc. to provide construction support services for Headworks Rehabilitation at Plant No. 1, Project No. P1-105, for an amount not to exceed $16,500,000; and B. Approve a contingency of $1,650,000 (10%). AYES:Stacy Berry, Brooke Jones, Stephen Faessel, Ryan Gallagher, Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver, John Withers and Chad Zimmerman NOES:None ABSENT:Doug Chaffee, Johnathan Ryan Hernandez and Steve Jones ABSTENTIONS:None INFORMATION ITEMS: 6.OPERATIONS & MAINTENANCE: WASTEWATER 101 2021-1417 Originator: Rob Thompson Assistant General Manager Rob Thompson provided a PowerPoint presentation regarding the Water Reclamation Process including: metering and diversion structure, Page 4 of 5 OPERATIONS COMMITTEE Minutes March 3, 2021 primary and secondary treatment, effectiveness of water treatment, solids recovery process, dewatering operation, truck loading, central generation engines, and annual operating costs. ITEM RECEIVED AS AN: Information Item. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Berry declared the meeting adjourned at 6:20 p.m. to the meeting to be held on Wednesday, April 7, 2021 at 5:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 5 of 5 OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1443 Agenda Date:4/7/2021 Agenda Item No:2. FROM:James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: FLEET PURCHASE OF REPLACEMENT VEHICLES LT. DUTY TRUCKS, MED. DUTY TRUCKS, SEDANS/SUVs FOR FY20/21 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Purchase Order to National Auto Fleet Group for the purchase of one new Ford Transit Cargo Van, four new Ford Escape Hybrid compact SUVs, four new Ford F250 Utility Body trucks, one new Ford F350 Crew truck, and two new F550 Mechanic Utility trucks using Sourcewell Cooperative Contract No. 120716-NAF for a total amount of $631,418 plus freight; and B. Approve a contingency of $31,571 (5%). BACKGROUND As part of an overall fleet right-sizing and modernization strategy, the Orange County Sanitation District (OC San) Fleet Services Division systematically replaces its vehicles. The replacement is based on the ability of current vehicles to meet the needs of the assigned group, vehicle age, maintenance cost, condition, and mileage. OC San maintains a fleet of vehicles necessary to meet its business needs. The fleet is comprised of 27 heavy-duty equipment trucks, 92 light-duty trucks, 35 sedans, 12 SUVs, and 10 vans, for a total of 176 vehicles. Replacement of older vehicles improves safety by ensuring the vehicles are equipped with airbags, anti-lock brakes, and traction control. Light-duty trucks compose the largest segment of the fleet and support equipment needs of the Engineering, Operations, Collection Facilities, and Maintenance staff. Replacement vehicles also offer new capabilities such as integrated davits or cranes to improve lifting and ergonomic safety or cargo vans that provide secure, temperature-controlled sample storage. Approximately 25% of OC San’s vehicles are “Green” or Flex-fuel vehicles. The replacement vehicles are evaluated for “Green” (electric, hybrid, or CNG) vehicles. Orange County Sanitation District Printed on 3/31/2021Page 1 of 3 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1443 Agenda Date:4/7/2021 Agenda Item No:2. RELEVANT STANDARDS ·Participate in local, state, and national cooperative purchasing programs ·Maintain a proactive asset management program ·Ensure the public’s money is wisely spent PROBLEM The vehicles below are identified for replacement as they are no longer economical to maintain and are exhibiting deteriorating physical condition. Type Year Make Model Mileage Replacement Identifier Lt. Truck 2002 Chevrolet 2500 Heavy Duty 51,297 C Lt. Truck 2002 Chevrolet 2500 Heavy Duty 52,928 C Lt. Truck 2002 Chevrolet 2500 Heavy Duty 41,375 C Lt. Truck 2006 Ford F250 40,105 D Lt. Truck 2007 Ford F150 63,263 A Lt. Truck 2004 Ford F350 44,233 C Md. Truck 1997 Ford F350 32,719 E Md. Truck 1998 Chevrolet 3500 Heavy Duty 44,078 E Sedan/Suv 2000 Ford Explorer 73,233 B Sedan/Suv 2006 Ford Escape 50,531 B Sedan/Suv 1999 Ford Taurus 35,571 B Sedan/Suv 2000 Ford Taurus 39,449 B PROPOSED SOLUTION Staff recommends replacing the above vehicles with the following vehicles. Unit Quantities & Vehicle Description Total Amount Includes options, taxes, and tire fees. Replacement Identifier One 2021 Ford T250 Transit Cargo Van $37,938 A Four 2021 Ford Escape Hybrid SUV $125,260 B Four 2022 Ford F250 XL Utility trucks $184,961 C One 2022 Ford F350 Crew truck $40,895 D Two 2022 Ford F550 XL Mechanical trucks with crane $242,364 E The cargo van,replacement identifier A,will provide evidentiary control for laboratory samples collected by the Source Control staff and also provide a secure workspace while working in the field. Source Control staff perform sampling-related tasks outdoors,exposing them and laboratory samples to the elements such as sun, heat, rain, and cold, which can negatively impact sampling standards. Orange County Sanitation District Printed on 3/31/2021Page 2 of 3 powered by Legistar™ File #:2021-1443 Agenda Date:4/7/2021 Agenda Item No:2. The small SUV with light bar,replacement identifier B,provides a more efficient,safer,and visible platform for supervision, engineering, and inspection staff. The light duty trucks, replacement identifiers C and D, are in-kind replacements. Two medium-duty mechanic trucks with small cranes,replacement identifier E,are used by fleet and collection staff and will replace existing medium-duty trucks. TIMING CONCERNS A 5%contingency is recommended should there be a pricing change between the date of approval and the date of purchase due to tariffs and uncontrolled market conditions. RAMIFICATIONS OF NOT TAKING ACTION The vehicles selected for replacement are becoming unreliable,deteriorating,and are no longer economical to maintain.Additionally,these vehicles are not equipped with the modern safety features currently required for fleet vehicles. ADDITIONAL INFORMATION OC San has provisions to purchase materials,services,and equipment from cooperative agreements. These cooperative agreements tend to produce lower unit prices. OC San utilizes a Cooperative Agreement through Sourcewell (formerly National Joint Powers Alliance),Cooperative Contract No.120716-NAF with National Auto Fleet Group,in accordance with Ordinance No. OCSD-52, Section 2.03(B), Cooperative Purchases. This Cooperative Agreement was awarded using a competitive bid process like OC San’s and has been vetted by OC San’s Purchasing Division.The amount of savings under this Cooperative Agreement is $63,542 versus list pricing. FINANCIAL CONSIDERATIONS The request complies with authority levels of OC San’s Purchasing Ordinance.The budgeted item is in the FY 2020-21 Budget, Line items: 4, 5, 6 Section 8, Page 98, Fleet Services. Date of Approval Contract Amount Contingency 04/28/2021 $631,418 $31,571 (5%) 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 DS:sr:gc Orange County Sanitation District Printed on 3/31/2021Page 3 of 3 powered by Legistar™ OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1478 Agenda Date:4/7/2021 Agenda Item No:3. FROM:James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: 24-MONTH / 12,000-HOUR SERVICE ON THREE THICKENING CENTRIFUGES AT PLANT NO. 1 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order Contract to GEA Mechanical Equipment US Inc. to perform Original Equipment Manufacturer recommended 24-month/12,000-hour service on three Thickening Centrifuges at Plant No. 1, for a total amount not to exceed $723,158; and B. Approve a contingency of $72,316 (10%). BACKGROUND The Plant No. 1 Thickening and Dewatering facility consists of three GEA-Westfalia (GEA) Separator Thickening Centrifuges and three GEA Dewatering Centrifuges. Thickening Centrifuges thicken the sludge feed from the primary and secondary treatment units before being fed to the anaerobic digestion process. By removing water from the solids feed stream to the digester complex, Orange County Sanitation District (OC San) has been able to increase its solids conversion capacity without building more land and energy intensive digestion structures and supporting mechanical systems. RELEVANT STANDARDS ·24/7/365 treatment plant reliability ·Maintain a proactive asset management program ·Comply with environmental permit requirements PROBLEM The Original Equipment Manufacturer (OEM), GEA, recommends a major maintenance cycle at the 24-month/12,000-hour run-time milestone to ensure the equipment’s reliability and useful life expectancy. The three Thickening Centrifuges are at, or near, the 24-month/12,000-hour threshold for major service. This service is designed to prevent premature or unexpected failure of major components by replacement of major wear/tear parts with OEM parts and services. Orange County Sanitation District Printed on 3/30/2021Page 1 of 3 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1478 Agenda Date:4/7/2021 Agenda Item No:3. PROPOSED SOLUTION Approve 24-month/12,000-hour service Purchase Order Contract with GEA Mechanical Equipment US Inc.,the OEM supplier,which includes parts,labor,and travel for the three Thickening Centrifuges. TIMING CONCERNS OC San’s Thickening Centrifuges are at,or near,the recommended 12,000-hour run-time level which increases the risk of more expensive major component failure. RAMIFICATIONS OF NOT TAKING ACTION Failure to maintain and service the equipment will result in higher lifecycle costs and could result in extended equipment downtime affecting operational permits and/or equipment failure. ADDITIONAL INFORMATION GEA Mechanical Equipment US Inc.is the only authorized distributor for GEA within OC San’s geographical region.GEA is a Board-approved sole source manufacturer for centrifuge parts and service. CEQA Equipment maintenance is categorically exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301.Section 15301 (Class 1) exempts from CEQA “the operation,repair,maintenance,permitting,leasing,licensing,or minor alteration of existing public or private structures,facilities,mechanical equipment,or topographical features,involving negligible or no expansion of existing or former use,”including “(b)Existing facilities of both investor and publicly-owned utilities used to provide electric power,natural gas, sewerage, or other public utility services”. FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San’s Purchasing Ordinance.This recommendation will be funded under the Repair and Maintenance line item for Plant No.1 Maintenance Department (Budget Fiscal Year 2021-22,Section 6,Page 92).The available funding is sufficient for this action. A 10%contingency is requested in the event of pricing changes due to tariffs,delays in placing the order beyond the quote availability, or other unforeseeable changes. Date of Approval Contract Amount Contingency 04/28/2021 $723,158 $72,316 (10%) Orange County Sanitation District Printed on 3/30/2021Page 2 of 3 powered by Legistar™ File #:2021-1478 Agenda Date:4/7/2021 Agenda Item No:3. 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 RM:jg:no:ab:gc Orange County Sanitation District Printed on 3/30/2021Page 3 of 3 powered by Legistar™ OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1516 Agenda Date:4/7/2021 Agenda Item No:4. FROM:James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2, PROJECT NO. FE18-15 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Plant Boiler System Relief at Plant No. 2, Project No. FE18-15; B. Award a Construction Contract to Mehta Mechanical Company, Inc., dba MMC, Inc. for a total amount not to exceed $230,000; and C. Approve a contingency of $34,500 (15%). BACKGROUND The anaerobic digesters at Plant No. 2 are used to biologically stabilize and reduce the solids produced by treating wastewater. Under normal circumstances, the heat required to maintain biological process in the anaerobic digesters is recovered from the Central Generation engines. When the engines or the heat recovery system are unavailable, two auxiliary steam boilers are used instead. These two boilers have an operating permit from the South Coast Air Quality Management District that requires emissions testing every six months whether the boilers are used or not. RELEVANT STANDARDS ·Comply with environmental permit requirements ·Commitment to safety & reducing risk in all operations ·Comply with California Public Contract Code Section 20103.8, award Construction Contract to lowest responsive, responsible bidder PROBLEM Mandatory emissions testing for the auxiliary steam boilers requires the boilers to produce more steam than can be used, which requires the release of steam to the atmosphere. There is, however, no provision for the safe release of steam. To conduct the testing, staff opens a manual valve in the steam line in the tunnels. This creates a safety issue for the person opening and closing the valve Orange County Sanitation District Printed on 3/30/2021Page 1 of 3 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1516 Agenda Date:4/7/2021 Agenda Item No:4. and releases a large amount of hot steam and high-pitched noise in the area. PROPOSED SOLUTION Award a construction contract for Plant Boiler System Relief at Plant No.2,Project No.FE18-15. This project will install a new steam line to a steam separator on the roof of the boiler building where steam can be safely released into the atmosphere.The steam separator will also attenuate the noise of the released steam. TIMING CONCERNS Safety risks associated with the steam release to conduct the boiler emissions testing will continue until the work can be completed. RAMIFICATIONS OF NOT TAKING ACTION Safety risks associated with the steam release to conduct the boiler emissions testing will continue. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Orange County Sanitation District (OC San)advertised Project No.FE18-15 for bids on January 4,2021 and two sealed bids were received on February 16,2021.A summary of the bid opening follows: Engineer’s Estimate $ 120,000 Bidder Amount of Bid Mehta Mechanical Company, Inc., dba MMC, Inc. $ 230,000 ACCO Engineered Systems, Inc.$ 236,773 Only two bids were received,and they were nearly double the engineer’s estimate.Given that OC San has received many bids on some recent small contracts,the reason that only two contractors submitted bids is not clear.The estimate had assumed a more favorable bid environment,both for construction and for materials.The project involves a significant amount of stainless steel piping, which may be subject to high price volatility given recent supply chain uncertainties.The closeness of the two bids suggests that the price represents the fair market value.Given the safety driver for this project, staff believes the project is still warranted even with the higher bid price. The bids were evaluated in accordance with OC San policies and procedures.A notice was sent to all bidders on March 16,2021 informing them of the intent of OC San staff to recommend award of the Construction Contract to Mehta Mechanical Company, Inc., dba MMC, Inc. Staff recommends awarding a Construction Contract to the lowest responsive bidder,Mehta Orange County Sanitation District Printed on 3/30/2021Page 2 of 3 powered by Legistar™ File #:2021-1516 Agenda Date:4/7/2021 Agenda Item No:4. Staff recommends awarding a Construction Contract to the lowest responsive bidder,Mehta Mechanical Company, Inc., dba MMC, Inc., for a total amount not to exceed $230,000. CEQA This project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301 because the project involves repairs,replacement,and or minor alteration of existing facilities involving no expansion of use or capacity.A Notice of Exemption was filed with the OC Clerk-Recorder on July 28, 2020. FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 48,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 JM:DR:dm Orange County Sanitation District Printed on 3/30/2021Page 3 of 3 powered by Legistar™ C-CA-103020 PART A CONTRACT AGREEMENT C-CA-103020 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 ................................................................................ 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 ....................................................................................... 23 C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 1 of 25 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 THIS AGREEMENT is made and entered into, to be effective, this April 28, 2021, by and between Mehta Mechanical Co. Inc. dba MMC Inc., hereinafter referred to as “CONTRACTOR” and the Orange County Sanitation District, hereinafter referred to as “OCSD”. WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION – 1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence “Contract Documents” refers to those documents identified in the definition of “Contract Documents” in the General Conditions – Definitions. C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 2 of 25 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-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 3 of 25 shape and details of construction. Specifications shall govern as to material and workmanship. b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. c. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR’s attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD’s 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. C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 4 of 25 In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION – 2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR’S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION – 3 PROJECT The Project is described as: PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 5 of 25 SECTION – 4 PLANS AND SPECIFICATIONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within one hundred eighty (180) calendar days from the date of the “Notice to Proceed” issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes zero (0) calendar days determined by OCSD 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 OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of subcontractors, C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 6 of 25 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”. OCSD’s decision will be conclusive on all parties to this Contract. SECTION – 8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated Changes”, and “Contract Price Adjustments and Payments”. In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD’s ENGINEER. The decision of the ENGINEER shall be final. C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 7 of 25 SECTION – 9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER Initiated Changes”. SECTION – 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, “Liquidated Damages and Incentives.” SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of Two Hundred Thirty Thousand Dollars ($230,000) 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 C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 8 of 25 not limited to Sections entitled “Mobilization Payment Requirements” and “Payment Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four (4) week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OCSD’s ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 9 of 25 B. As used in this Section, the following defined terms shall have the following meanings: 1. “Net Progress Payment” means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. “Progress Payment” means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; c. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. “Retention Amount” for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions –“Retained Funds; Substitution of Securities.” 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.” C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 10 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, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 11 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, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Apprentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more. E. 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 OCSD as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 12 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 OCSD’s General Counsel – one in the amount of one hundred percent (100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 13 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 OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 14 of 25 CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated Changes”, the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter OCSD premises/worksite without possessing the required insurance coverage. CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the “Third Parties”), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties’ insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD 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 C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 15 of 25 exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages (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 OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, 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 C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 16 of 25 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 OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 17 of 25 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; Or alternatively, (2) Five Hundred Thousand Dollars ($500,000) per person for bodily injury, One Million Dollars ($1,000,000) per accident for bodily injury, and Five Hundred Thousand Dollars ($500,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella 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 OCSD. 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. C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 18 of 25 B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for 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 C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 19 of 25 in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20) days prior to the effective date of the change(s). The letter must be signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s) will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker’s compensation insurance, subject to OCSD’s option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 20 of 25 herein specified. Said substitution shall occur within twenty (20) days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations and work. OCSD and any public agency issuing permits for the Project must be named as “Additional Insured” on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are Iisted in order of preference) C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 21 of 25 In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 c. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement SECTION – 17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, “General Indemnification”. SECTION – 18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, “Termination for Default” and/or “Termination for Convenience”, provided that no termination 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 C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 22 of 25 effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be made at the time and in the manner provided in the General Conditions, “Termination for Default” and “Termination for Convenience”. SECTION – 19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD’s designs, Drawings and Specifications. The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final Completion” that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any corrected deficiency until the later of (1) the remainder of the original one-year warranty period; or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 23 of 25 SECTION – 20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION – 21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION – 22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled “Safety” and Exhibit B Contractor Safety Standards. 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 OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 24 of 25 Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: Mehta Mechanical Co. Inc. dba MMC Inc. 5901 Fresca Dr. La Palma, CA 90623 Copy to: Jagat S. Mehta, President Mehta Mechanical Co. Inc. dba MMC Inc. 5901 Fresca Dr. La Palma, CA 90623 C-CA-103020 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 25 of 25 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Mehta Mechanical Co. Inc. dba MMC Inc. 5901 Fresca Dr. La Palma, CA 90623 By______________________________ ______________________________ Printed Name Its______________________________ CONTRACTOR’s State License No. 573635 (Expiration Date – 07/31/2022) OCSD: Orange County Sanitation District By______________________________ David John Shawver Board Chairman By______________________________ Kelly A. Lore Clerk of the Board By______________________________ Ruth Zintzun Purchasing & Contracts Manager C-EXA-080414 EXHIBIT A SCHEDULE OF PRICES C-EXA-080414 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-080414 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 1 of 8 EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;” 2. General Conditions – “Payment – General”; 3. General Conditions – “Payment – Applications for Payment”; 4. General Conditions – “Payment – Mobilization Payment Requirements;” 5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”; 6. General Conditions – "Contract Price Adjustments and Payments”; 7. General Conditions – “Suspension of Payments”; 8. General Conditions – “OCSD’s Right to Withhold Certain Amounts and Make Application Thereof”; and 9. General Conditions – “Final Payment.” EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. C-EXA-080414 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 2 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 OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-080414 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 3 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 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 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. C-EXA-080414 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 4 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 OCSD, including: a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon C-EXA-080414 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 5 of 8 acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been 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 OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims. 5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that: a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment; b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c. All warranties are in full force and effect, and; d. The releases and the warranties shall survive Final Payment. 6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein. 7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment. EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; C-EXA-080414 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 6 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. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. C-EXA-080414 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 7 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 OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance. _________________________________________ Name _________________________________________ Title _________________________________________ Date C-EXA-080414 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 CONFORMED Page 8 of 8 ATTACHMENT 2 – SCHEDULE OF PRICES See next pages for Bid Submittal Forms: Mehta Mechanical Co. Inc. dba MMC Inc. BF-14 SCHEDULE OF PRICES, Pages 1 - 2 Bid Submitted By: _M_M_C __ I_n_c_. ___________ _ (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 OCSD 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-042720 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 Page 1 of2 MMC Inc. Bid Submitted By: ______________ _ EXHIBIT A SCHEDULE OF PRICES (Name of Firm) BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Description Unit of Extended Price No. Measurement 1. Mobilization: The amount for this Bid Item shall not exceed $6,000 of the Total Amount of Bid and shall be in conformance with the Contract Documents. All Lump Sum $ 6,000 amounts included in this Bid Item greater than the allowable maximum payment of $6,000 of the Total Amount of Bid shall be paid under 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 Lump Sum $ 2 '2.. 4 1tJtJ0 shall 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) BF-14 SCHEDULE OF PRICES C-BF-042720 PROJECT NO. FE18-15 PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2 Page 2 of 2 OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1518 Agenda Date:4/7/2021 Agenda Item No:5. FROM:James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: ASSIGNMENT, WELL TRANSFER, AND OPERATORSHIP AGREEMENT WITH CHEVRON U.S.A. INC. GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Approve the Assignment, Well Transfer, and Operatorship Agreement between the Orange County Sanitation District and Chevron U.S.A. Inc. to accept the assignment of the NC-79 well located at Plant No. 2, APN No. 059-215-80, along with the related rights and obligations. BACKGROUND In the past, the current site of Plant No. 2 in the city of Huntington Beach was used for oil wells. A- Side Primary Clarifiers Replacement at Plant No. 2, Project No. P2-98A, will be constructed on top of an old oil well. In order to properly abandon the oil well and build a new structure above it, the Orange County Sanitation District (OC San) must be registered as both the owner and operator. RELEVANT STANDARDS ·Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities ·Protect OC San assets PROBLEM Records indicate that an oil well, designated as NC-79, is located under the Project P2-98A construction site. Per state records, Chevron U.S.A. Inc. has operatorship rights of NC-79, even though OC San owns this oil well. The state will not issue OC San a permit until it is registered as both the owner and operator of the well. PROPOSED SOLUTION Approve the Assignment, Well Transfer, and Operatorship agreement with Chevron U.S.A. Inc. along with the related rights and obligations. This agreement requires no payment by either party. Orange County Sanitation District Printed on 3/30/2021Page 1 of 2 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1518 Agenda Date:4/7/2021 Agenda Item No:5. TIMING CONCERNS A-Side Primary Clarifiers Replacement at Plant No.2,Project No.P2-98A construction is anticipated to begin in June 2021.Construction of the clarifiers could be delayed if an oil well abandonment permit is not obtained. RAMIFICATIONS OF NOT TAKING ACTION Without approval of this agreement,the required permit cannot be obtained,and one of the clarifiers would not be constructed. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION A-Side Primary Clarifiers Replacement at Plant No.2,Project No.P2-98A,will construct four new primary clarifiers,a new odor control and chemical facility,a new electrical distribution center building,and ancillary facilities and utilities,as well as demolish four existing primary clarifiers,a power building,and an air treatment facility.The construction contract documents include abandonment of oil well NC-79.The estimated construction cost of the entire project is $129 million, and construction will last approximately five years. CEQA This project is exempt from CEQA under the Class 2 categorical exemptions set forth in California Code of Regulations sections 15302 because the project involves replacement or reconstruction of existing structures and facilities where the new structure replaced will have substantially the same purpose and capacity as the structure replaced.A Notice of Exemption was filed with the Orange County Clerk-Recorder on April 26, 2018. 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: ·Assignment, Well Transfer, and Operatorship Agreement SN:dm Orange County Sanitation District Printed on 3/30/2021Page 2 of 2 powered by Legistar™ 1 1552341.1 ASSIGNMENT, WELL TRANSFER, AND OPERATORSHIP AGREEMENT This ASSIGNMENT, WELL TRANSFER, AND OPERATORSHIP AGREEMENT (“Agreement”) dated as of 1 March 2021 (“Effective Date”), is made by and between CHEVRON U.S.A. INC., a Pennsylvania corporation, with a mailing address at 9525 Camino Media, Bakersfield, California 93311 (“Assignor”) and ORANGE COUNTY SANITATION DISTRICT, with a mailing address at 10844 Ellis Ave, Fountain Valley, CA 92708 (“Assignee”). RECITALS A. Assignor wishes to assign and transfer to Assignee the NC-79 well, API #05921580 as further described in Exhibit A (“Assigned Wells”), along with the related rights and obligations, including rights to own, operate, access, excavate, monitor, abandon and/or re-abandon, and modify the Assigned Wells as set forth in this Agreement. B. Assignee wishes to accept from Assignor the assignment of the Assigned Wells and related rights and obligations, including rights to own, operate, access, excavate, monitor, abandon and/or re- abandon, and modify the Assigned Wells as set forth in this Agreement. AGREEMENT 1. DEFINITIONS, INTERPRETATION AND EXHIBITS 1.1 Definitions. As used in this Agreement, these words or expressions have the following meanings: “Abandonment Obligations” means abandoning, decommissioning, removing or making safe the Assigned Wells as and to the extent required by CALGEM, applicable statutes, regulations, and guidelines, and contractual obligations for the Assigned Wells. Abandonment Obligations include all of the following: (A) The plugging, abandonment, and re-abandonment of the Assigned Wells. (B) The clearance, restoration, and remediation of the lands affected by the Assigned Wells. (C) The removal, remediation, and abatement of any petroleum material, any contamination or pollution (including spilling, leaking, pumping, pouring, emitting, emptying, discharging, leaching, dumping, disposing or other release of any chemical substance, pollutant, contaminant, toxic substance, radioactive material, hazardous substance, NORM, waste, saltwater, cuttings, muds, crude oil, or petroleum product) of surface soils and water, subsurface soils, air, groundwater, or any vessel, piping, equipment, tubing, or subsurface structure or strata associated with the Assigned Wells. “Affiliate” of a Party shall mean any Person that, directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with such Party. For purposes of this definition, “control” means ownership of fifty percent (50%) or greater of the voting interest (stock or otherwise) of such entity. “Agreement” has the meaning given in the introductory paragraph of this Agreement. 2 1552341.1 “Assignee” has the meaning given in the introductory paragraph of this Agreement. “Assigned Wells” has the meaning given in the recitals of this Agreement. “Assignor” has the meaning given in the introductory paragraph of this Agreement. “Assignor Group” means Assignor, Assignor’s Affiliates, and their Affiliates, and the directors, officers, and employees of all of them. “CALGEM” means the California Geologic Energy Management Division or its successor agency or agencies with regulatory authority over the matters that are the subject of this Agreement. “Claim” means any claim, liability, penalty, fine, loss, demand, damages, Lien, cause of action of any kind, obligation, costs, judgment, interest, and award (including recoverable legal counsel fees and costs of litigation of the Person asserting the Claim), whether arising by law, contract, tort, voluntary settlement, or otherwise. “Effective Date” has the meaning given in the introductory paragraph of this Agreement. “Indemnitee(s)” means each Person who is a member of Assignor Group. “Laws” has the meaning set forth in Section 7. “Lien” means charge, encumbrance or similar right available to creditors at law to secure debts owed to them. “NORM” means the presence of naturally occurring radioactive materials. “Party” means Assignee or Assignor and “Parties” mean both of them. “Person” means an individual, corporation, company, state, statutory corporation, government entity or any other legal entity. 1.2 Interpretation. Unless the context expressly requires otherwise, all of the following apply to the interpretation of this Agreement: (A) The plural and singular words each include the other. (B) The masculine, feminine, and neutral genders each include the others. (C) The word “or” is not exclusive. (D) The word “includes” and “including” are not limiting but are terms of enlargement so other items or components are includable although not specifically expressed. (E) References to matters “arising” (or which “arise” or “arises”) “out of this Agreement” include matters which arise in connection with this Agreement or have a causal connection with or which flow from this Agreement or which would not have arisen or occurred but for the entering into this Agreement or the performance of or failure to perform obligations under this Agreement. 3 1552341.1 (F) The headings in this Agreement are included for convenience and do not affect the construction or interpretation of any provision of, or the rights or obligations of a Party under, this Agreement. 1.3 Exhibits. (A) Exhibit A attached to the body of this Agreement are integral parts of this Agreement and are incorporated by reference into this Agreement. (B) If a conflict exists between the body of this Agreement and Exhibit A, the body prevails to the extent of the conflict. 2. CONVEYANCE 2.1 Assignment. Assignor assigns to Assignee, and Assignee accepts from Assignor, without warranty of any kind, either express or implied and in accordance with all terms and conditions of this Agreement, all of Assignor's right, title, and interest in and to the Assigned Wells, except as limited by Section 2.3 below. 2.2 Well Transfer. Assignor and Assignee shall complete and execute all agreements, documents, notifications, and materials necessary to assign and transfer the Assigned Wells. Assignee shall deliver to CALGEM the Notification of Well and/or Facility Disposition form within 10 business days after the Effective Date and send Assignor a copy of the approved form as received from CALGEM, within ten days of such receipt. 2.3 Operating Rights. Assignor assigns and grants Assignee the right to operate the Assigned Wells, only as is necessary and/or desirable to complete any work on the Assigned Wells in connection with Assignee’s development project (i.e., lowering the well and any associated testing, repair, maintenance, etc. associated therewith), as well as any repair, maintenance, abandonment, re-abandonment, or remediation work which is required or desired now or in the future. For the purposes of this Agreement, Assignee’s right to operate the Assigned Well is consistent with the definition set forth in California Public Resources Code, Division 3, Chapter 1, Section 3009, and includes the corresponding rights and responsibilities associated with the right to operate the Assigned Well in accordance with all terms and conditions of this Agreement and the California Public Resources Code, Division 3, Chapter 1, including indemnity bonding requirements. Assignor does not assign or grant Assignee any right to production of any oil, gas, water, or minerals, or any right to inject or dispose of any substance into the Assigned Wells. 3. NO WARRANTY OR REPRESENTATION BY ASSIGNOR 3.1 This Agreement is made on an “AS IS, WHERE IS” basis, “WITH ALL FAULTS,” and WITHOUT WARRANTIES WHATSOEVER WITH RESPECT TO THE ASSIGNED WELLS TRANSFERRED, EITHER EXPRESS OR IMPLIED it being expressly agreed by Assignor and Assignee that ASSIGNOR MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ORIGIN, QUANTITY, QUALITY, CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SAFETY OF EQUIPMENT, COMPLIANCE WITH GOVERNMENTAL REGULATIONS, OR CONDITION OF THE ASSIGNED WELL. 4 1552341.1 3.2 All descriptions set forth in this Agreement and any information furnished to Assignee by Assignor before or after the Effective Date concerning the Assigned Well, have been and will be furnished solely for Assignee's convenience and have not constituted and will not constitute a representation or warranty of any kind by Assignor, and any reliance on same by Assignee will be at Assignee's sole risk and liability. 4. ASSUMPTION OF OBLIGATIONS 4.1 Assumed Obligations. Assignee shall perform the Abandonment Obligations for the Assigned Wells. 4.2 Other Risks. Assignee acknowledges that Assignor assigns the Assigned Wells without representation or warranty of any kind, and Assignee expressly assumes sole responsibility for all liabilities and Claims in any way arising out of or related to the Assigned Wells arising on or after the Effective Date. 4.3 INDEMNITY 4.4 General Indemnity. UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, ASSIGNEE RELEASES, DISCHARGES, INDEMNIFIES, AND SHALL DEFEND AND HOLD HARMLESS INDEMNITEES AGAINST ALL CLAIMS IN ANY WAY ARISING OUT OF OR RELATING TO THE ASSIGNED WELL OR THIS AGREEMENT ARISING ON OR AFTER THE EFFECTIVE DATE. 4.5 Defense of Claims. 4.6 Whenever Assignee is obligated hereunder to indemnify Indemnitees against Claims, Assignee shall defend and hold Indemnitees harmless against those Claims and against all reasonable costs, expenses, and fees of any kind (including attorneys’ fees) incurred by Indemnitees in defending those Claims. 4.7 Assignor has the right to reasonably object to counsel selected by Assignee, following written notice Assignor to Assignee objecting to such counsel, and select alternative counsel at the cost of Assignee. 5. CONFLICT OF INTEREST No director, employee, or agent of either Party will give or receive any commission, fee, rebate, gift, or entertainment of significant cost or value in connection with this Agreement. For five years after the Effective Date, any representatives authorized by either Party may audit the applicable records of the other Party solely for the purpose of determining whether there has been compliance with this provision. The provisions of this Section 6 will survive termination of this Agreement. 6. GOVERNING LAW This Agreement is governed by and interpreted under the laws of the State of California, without regard to its choice of law rules. 5 1552341.1 7. NOTICES All notices required or permitted under this Agreement must be in writing and delivered by mail (postage prepaid), by overnight courier, or by hand delivery to the address of the Party receiving the notice set out in the signature page to this Agreement. A notice shall be effective upon actual receipt by the Party to whom it is addressed. Notices sent by email are ineffective. 8. PUBLIC ANNOUNCEMENTS Except as otherwise expressly required by law, a Party shall not issue any public announcement or statement concerning this Agreement or its subject matter without obtaining the other Party’s prior written consent, which consent shall not be unreasonably withheld or delayed. 9. THIRD PARTY RIGHTS Except as otherwise expressly stated herein, a Person who is not a party to this Agreement has no rights under this Agreement and may not enforce any provision of this Agreement. 10. ASSIGNMENT The rights and obligations of either Party may be assigned in whole or in part; provided, however, any such assignment by Assignee will not relieve it of its obligations under this Agreement unless the Parties and the Person to whom Assignee intends to make such assignment, execute a novation. The requirement for a novation shall apply to subsequent assignments by Assignee. The terms of this Agreement will be binding upon and inure to the benefit of the Parties and their heirs, successors and assigns, and the obligations and responsibilities of Assignee to Assignor under this Agreement will run with the Assigned Wells. 11. GENERAL PROVISIONS 11.1 Prior Agreements. This Agreement comprises the complete and exclusive agreement between the Parties regarding the subject matter of this Agreement, and supersedes all oral and written communications, negotiations, representations, or agreements in relation to that subject matter made or entered into before the Effective Date. 11.2 Amendment. This Agreement may not be amended orally or by performance. No amendment to this Agreement is effective unless made in writing and signed by authorized representatives of both Parties. 11.3 Waiver. Assignor’s or Assignee’s failure to pursue remedies for breach of this Agreement, or for Assignor or Assignee to take or not take other actions hereunder, does not constitute a waiver by Assignor or Assignee, respectively, of any breach of this Agreement by Assignee or Assignor or raise any defense against Claims against Assignee or Assignor for breach of this Agreement. The waiver or failure to require the performance of any covenant or obligation contained in this Agreement or pursue remedies for breach of this Agreement does not waive a later breach of that covenant or obligation. 11.4 Severability. Each provision of this Agreement is severable and if any provision is determined to be invalid, unenforceable or illegal under any existing or future law by a court, arbitrator of competent jurisdiction or by operation of any applicable law, this invalidity, unenforceability or illegality does not impair the operation of or affect those portions of this Agreement that are valid, enforceable and legal unless the deletion of such 6 1552341.1 provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable. 11.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original of this Agreement, and which together will constitute one and the same instrument. 11.6 Topical Headings. The topical headings used in this Agreement are for convenience only and will not be construed as having any substantive significance or as indicating that all of the provisions of this Agreement relating to any topic are to be found in any particular section. 11.7 Survival. Except as set forth in Section 11 above, all provisions in this Agreement, including those containing representations, warranties, releases and indemnities, and governing law, survive indefinitely until, by their respective terms, they are no longer operative or are otherwise limited by an applicable statute of limitations. 11.8 Authorized Representatives. Each Party represents and warrants that the Agreement has been duly executed and delivered by its authorized officer or other representative and constitutes its legal, valid, and binding obligation enforceable in accordance with its terms, upon delivery of the fully executed document, and no further consent or approval of any other Person is required in connection with its execution, delivery, and performance of the Agreement. 11.9 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement or to show the ability to carry out the intent and purposes of this Agreement. The provisions of this Section 12.9 will survive termination of this Agreement. The remainder of this page left intentionally blank. 7 1552341.1 IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT. The Parties have executed this Agreement in duplicate as evidenced by the following signatures of authorized representatives of the Parties: ASSIGNOR: CHEVRON U.S.A. INC. ASSIGNEE: ORANGE COUNTY SANITATION DISTRICT Signature: Name: Lance Burton Title: Attorney in Fact Name: Title: ADDRESS FOR NOTICES: ADDRESS FOR NOTICES: 9525 Camino Media Bakersfield, CA 93311 10844 Ellis Ave Fountain Valley, CA 92708 Attention: Land Manager Telephone: 661-654-7075 Attention: Telephone: David John ShawverBoard Chairman Kelly A . Lore, Clerk of the Board 714-593-7433 1552341.1 EXHIBIT A– LEGAL DESCRIPTION Well Number Operator Section Township Range API County State Newport West NC-79 Chevron USA Inc 19 T06S R10W 059-21580 Orange California OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1218 Agenda Date:4/7/2021 Agenda Item No:6. FROM:James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2, PROJECT NO. FR2-0013 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No. 2, Project No. FR2-013; B. Reject low bid from MLC Constructors, Inc. as non-responsive; C. Award a Construction Contract to Mehta Mechanical Co., Inc. DBA MMC, Inc. for Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No. 2, Project No. FR2-0013, for a total amount not to exceed $184,000; and D. Approve a contingency of $36,800 (20%). BACKGROUND The Trickling Filter/Solids Contact Facility is one of two secondary treatment processes at Orange County Sanitation District (OC San) Plant No. 2. The facility includes a below-grade pump room that requires ventilation for Operations and Maintenance staff to safely access and to remove heat generated by the pump motors. RELEVANT STANDARDS ·California Public Contract Code Section 20103.8: Award Construction Contract to lowest responsive, responsible bidder ·Commitment to safety & reducing risk in all operations ·Maintain a proactive asset management program PROBLEM Ventilation of the Trickling Filter Sludge Pump Room depends on an exhaust fan located 15 feet above the floor that cannot be safely accessed for routine and corrective maintenance. Orange County Sanitation District Printed on 3/30/2021Page 1 of 3 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2020-1218 Agenda Date:4/7/2021 Agenda Item No:6. PROPOSED SOLUTION Award a Construction Contract for Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No.2,Project No.FR2-0013.This project will replace the existing fan with a new wall-mounted fan that can be safely accessed from the ground level. Replacement of the fan requires the existing duct work and fan to be removed first.To avoid overheating and to maintain a safe working environment,a substantial temporary ventilation system is required.For this reason,any construction delays have the potential to immediately incur additional costs associated with maintaining the temporary ventilation system.For this reason,staff is requesting a contingency of 20%, rather than the usual 10%. TIMING CONCERNS Delaying the fan replacement would increase the risk that the existing fan may fail because it cannot be properly maintained.A fan failure would require an expensive and complex temporary ventilation system be installed to provide a safe work environment and remove excess heat that could impact pump operations. RAMIFICATIONS OF NOT TAKING ACTION Without this project, the fan would not be properly maintained. ADDITIONAL INFORMATION OC San advertised for bids on November 18,2020,and four sealed bids were received on January 5, 2021. A summary of the bids follows: Engineer’s Estimate $186,000 UBidder UAmount of Bid MLC Constructors, Inc.$179,300 Mehta Mechanical Co, Inc. DBA MMC, Inc.$184,000 Metro Builders & Engineers Group, Ltd $210,969 Tharsos Inc.$265,565 The bids were evaluated in accordance with OC San’s policies and procedures.The apparent lowest bidder,MLC Constructors,Inc.(MLC)was not able to demonstrate that they had completed the required three similar projects in the last ten years. An evaluation of the second apparent low bidder,MMC,Inc.,found MMC,Inc.to be both responsive and responsible.A notice was sent to all the bidders on February 18,2021,informing them of the intent of OC San to recommend award of the construction contract to MMC, Inc. Staff recommends awarding a Construction Contract to the lowest responsive,responsible bidder, MMC, Inc. for a total amount not to exceed $184,000. Orange County Sanitation District Printed on 3/30/2021Page 2 of 3 powered by Legistar™ File #:2020-1218 Agenda Date:4/7/2021 Agenda Item No:6. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations sections 15301 because the project involves repairs,replacement,and or minor alteration of existing facilities involving no expansion of use or capacity.A Notice of Exemption was filed with the OC Clerk-Recorder on May 14, 2020. FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San’s Purchasing Ordinance.This recommendation will be funded under the Repairs and Maintenance line item for Division 880, Division Mechanical Maintenance (Adopted Budget,FY 2020-2021 and 2021 -2022,Section 6,Page 96), 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: ·Construction Contract JM:DR:dm Orange County Sanitation District Printed on 3/30/2021Page 3 of 3 powered by Legistar™ C-CA-103020 PART A CONTRACT AGREEMENT C-CA-103020 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION – 1 GENERAL CONDITIONS .......................................................... 1 SECTION – 2 MATERIALS AND LABOR ........................................................ 4 SECTION – 3 PROJECT .................................................................................. 4 SECTION – 4 PLANS AND SPECIFICATONS ................................................ 5 SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION ................... 5 SECTION – 6 TIME IS OF THE ESSENCE ...................................................... 5 SECTION – 7 EXCUSABLE DELAYS ............................................................. 6 SECTION – 8 EXTRA WORK ........................................................................... 6 SECTION – 9 CHANGES IN PROJECT ........................................................... 7 SECTION – 10 LIQUIDATED DAMAGES FOR DELAY .................................... 7 SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ................. 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 CONFORMED C-CA-103020PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 1 of 25 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 THIS AGREEMENT is made and entered into, to be effective, this April 28, 2021, by and between Mehta Mechanical Co. Inc. dba MMC Inc., hereinafter referred to as “CONTRACTOR” and the Orange County Sanitation District, hereinafter referred to as “OCSD”. WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION – 1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A.Contract Documents Order of Precedence “Contract Documents” refers to those documents identified in the definition of “Contract Documents” in the General Conditions – Definitions. C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 2 of 25 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 CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 3 of 25 directed. Full-size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. c. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR’s attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD’s 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. C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 4 of 25 In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION – 2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR’S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION – 3 PROJECT The Project is described as: PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 5 of 25 SECTION – 4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within one hundred eighty (180) calendar days from the date of the “Notice to Proceed” issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes zero (0) calendar days determined by OCSD 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 OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 6 of 25 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”. OCSD’s decision will be conclusive on all parties to this Contract. SECTION – 8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated Changes”, and “Contract Price Adjustments and Payments”. In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD’s ENGINEER. The decision of the ENGINEER shall be final. CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 7 of 25 SECTION – 9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method, or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services, or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER Initiated Changes”. SECTION – 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, “Liquidated Damages and Incentives.” SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of One Hundred Eighty-Four Thousand Dollars ($184,000) 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 C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 8 of 25 not limited to Sections entitled “Mobilization Payment Requirements” and “Payment Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four (4) week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OCSD’s ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 9 of 25 B. As used in this Section, the following defined terms shall have the following meanings: 1. “Net Progress Payment” means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. “Progress Payment” means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; c. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. “Retention Amount” for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions –“Retained Funds; Substitution of Securities.” 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.” C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 10 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, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 11 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, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Apprentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more. E. 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 OCSD as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 12 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 OCSD’s General Counsel – one in the amount of one hundred percent (100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 13 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 OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 14 of 25 CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated Changes”, the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter OCSD premises/worksite without possessing the required insurance coverage. CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the “Third Parties”), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties’ insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD 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 CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 15 of 25 exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages (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 OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, 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 C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 16 of 25 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 OCSD or any other additional insured because of any SIR, deductible, or any other form of self-insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 17 of 25 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; Or alternatively, (2) Five Hundred Thousand Dollars ($500,000) per person for bodily injury; Five Hundred Thousand Dollars ($500,000) per accident for bodily injury, and Five Hundred Thousand Dollars ($500,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella 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 OCSD. 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. C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 18 of 25 B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10) days prior written notice by certified CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 19 of 25 mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20) days prior to the effective date of the change(s). The letter must be signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s) will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker’s compensation insurance, subject to OCSD’s option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OCSD will C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 20 of 25 require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations and work. OCSD and any public agency issuing permits for the Project must be named as “Additional Insured” on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25 CONFORMED C-CA-103020 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 21 of 25 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are Iisted in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 c. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement SECTION – 17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, “General Indemnification”. SECTION – 18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, “Termination for Default” and/or “Termination for Convenience”, provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the C-CA-103020 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 22 of 25 manner provided in said General Conditions. If termination for default or convenience is effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be made at the time and in the manner provided in the General Conditions, “Termination for Default” and “Termination for Convenience”. SECTION – 19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD’s designs, Drawings and Specifications. The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final Completion” that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections, or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any corrected deficiency until the later of (1) the remainder of the original one-year warranty period; or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. CONFORMED C-CA-103020PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 23 of 25 SECTION – 20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION – 21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION – 22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled “Safety” and Exhibit B Contractor Safety Standards. C-CA-103020 CONFORMED PROJECT NO. FR2-0013TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 24 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 OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: Mehta Mechanical Co. Inc. dba MMC Inc. 5901 Fresca Drive La Palma, CA 90623 Copy to: Jagat S. Mehta, President Mehta Mechanical Co. Inc. dba MMC Inc. 5901 Fresca Drive La Palma, CA 90623 CONFORMED C-CA-103020PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 25 of 25 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Mehta Mechanical Co. Inc. dba MMC Inc. 5901 Fresca Drive La Palma, CA 90623 By______________________________ ______________________________ Printed Name Its______________________________ CONTRACTOR’s State License No. 573635 (Expiration Date – 7/31/2022) OCSD: Orange County Sanitation District By______________________________ David John Shawver Board Chairman By______________________________ Kelly A. Lore Clerk of the Board By______________________________ Ruth Zintzun Purchasing & Contracts Manager C-EXA-080414 EXHIBIT A SCHEDULE OF PRICES C-EXA-080414 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 CONFORMED C-EXA-080414 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 1 of 8 EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;” 2. General Conditions – “Payment – General”; 3. General Conditions – “Payment – Applications for Payment”; 4. General Conditions – “Payment – Mobilization Payment Requirements;” 5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”; 6. General Conditions – "Contract Price Adjustments and Payments”; 7. General Conditions – “Suspension of Payments”; 8. General Conditions – “OCSD’s Right to Withhold Certain Amounts and Make Application Thereof”; and 9. General Conditions – “Final Payment.” EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. C-EXA-080414 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 2 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 OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. CONFORMED C-EXA-080414 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 3 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 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 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. C-EXA-080414 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 4 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 OCSD, including: a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will CONFORMED C-EXA-080414PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 5 of 8 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 OCSD, 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 OCSD, andagreements are reached on all issues regarding the application for FinalPayment, OCSD, in exchange for an executed release, satisfactory in formand substance to OCSD, will pay the entire sum found due on the approvedapplication for Final Payment, including the amount, if any, allowed on settled Claims. 5.The release from the CONTRACTOR shall be from any and all Claimsarising under the Contract, except for Claims that with the concurrence ofOCSD are specifically reserved, and shall release and waive all unreservedClaims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by theCONTRACTOR 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 theCONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c.All warranties are in full force and effect, and; d.The releases and the warranties shall survive Final Payment. 6.If any claims remain open, OCSD may make Final Payment subject toresolution of those claims. OCSD may withhold from the Final Payment anamount not to exceed one hundred fifty percent (150%) of the sum of theamounts of the open claims, and one hundred twenty-five percent (125%)of the amounts of open stop payment notices referred to in article entitledstop payment notices herein. 7.The CONTRACTOR shall provide an unconditional waiver and release onfinal payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver andrelease on final payment on behalf of the CONTRACTOR (per Civil CodeSection 8138) within thirty (30) days of receipt of Final Payment. C-EXA-080414 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 6 of 8 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; 3. A previous payment or portion thereof for Work was improperly made. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. CONFORMED C-EXA-080414 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 7 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 OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1.The amounts requested are only for performance in accordance with theSpecifications, terms, and conditions of the Contract; 2.Payments to Subcontractors and Suppliers have been made from previous paymentsreceived under the Contract, and timely payments will be made from the proceeds ofthe payment covered by this certification; 3.This request for progress payments does not include any amounts which the primeCONTRACTOR intends to withhold or retain from a Subcontractor or Supplier inaccordance with the terms and conditions of the subcontract; and 4.This certification is not to be construed as Final Acceptance of a Subcontractor’sperformance. _________________________________________ Name _________________________________________ Title _________________________________________ Date C-EXA-080414 CONFORMED PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 8 of 8 ATTACHMENT 2 – SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Mehta Mechanical Co. Inc. dba MMC Inc.) BF-14 Schedule of Prices, Pages 1-2 Bid Submitted By: _M_M_C __ I _n_c_. ___________ _ (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 OCSD 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 app licable 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-042720 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 1 of 2 Bid Submitted By: _M_M_C __ i _n_c_. ___________ _ EXHIBIT A SCHEDULE OF PRICES (Name of Firm) 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 $9,300 of the Total Amount of Bid and shall be in conformance with the Contract Documents and Specifications Section 01155. All amounts included in this Lump Sum N/A X $9,300 = $9,300 Bid Item greater than the allowable maximum payment of $9,300 of the Total Amount of Bid shall be paid under Bid Item 2. 2. All other portions of the Work set forth in the Contract Documents and Specifications Section 01155, except for the Work performed in Bid Lump Sum N/A X / i4',1oo = $ '174 7e;o Item 1: Work under this item shall include all labor, equipment, materials, I and services necessary for all other Work not specified in Bid Item 1 . TOTAL AMOUNT OF BID (BASIS OF AWARD) $ I&~, ooo BF-14 SCHEDULE OF PRICES C-BF-042720 PROJECT NO. FR2-0013 TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN RELOCATION AT PLANT NO. 2 Page 2 of 2 OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1433 Agenda Date:4/7/2021 Agenda Item No:7. FROM:James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128A GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with AECOM Technical Services, Inc. to provide construction management, testing, and inspection services for Headquarters Complex at Plant No. 1, Project No. P1-128A, for an amount not to exceed $6,750,000; and B. Approve a contingency of $675,000 (10%). BACKGROUND Headquarters Complex at Plant No. 1, Project No. P1-128A, will construct a new Headquarters Building on the north side of Ellis Avenue to house approximately 350 staff as well as Board and public meeting spaces. Surface parking and a pedestrian/utility bridge over Ellis Avenue to Plant No. 1 are also included in the project. The Orange County Sanitation District (OC San) manages its many construction contracts using its own staff, supported by a Supplemental Engineering and Support Services Agreement to handle peaks and to provide specialized engineering support. This approach ensures consistent and professional construction management of a wide range of projects. The construction management teams include construction managers, inspectors, cost estimators, schedulers, and administrative staff. Currently, 41 OC San staff and 13 Supplemental Engineering and Support Services employees are performing construction management full time. RELEVANT STANDARDS ·Ensure the public’s money is wisely spent ·California Government Code §4526: Select the “best qualified firm” and “negotiate fair and equitable fees” Orange County Sanitation District Printed on 3/31/2021Page 1 of 5 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1433 Agenda Date:4/7/2021 Agenda Item No:7. PROBLEM Construction of the Headquarters Complex will last two and a half years and will require the equivalent of approximately six full-time staff for construction management.The work will involve construction,codes,trades,and specialties not typically involved with the construction of wastewater treatment and conveyance projects.The involvement of professionals experienced with office building construction is important to make cost-effective decisions during construction. These professionals could be made available through the Supplemental Engineering and Support Services Agreement,but that agreement will expire approximately six months before construction is completed.That could require replacement of the construction management team at a critical time in the project. PROPOSED SOLUTION Award a Professional Services Agreement to provide construction management,testing,and inspection services for Headquarters Complex at Plant No.1,Project No.P1-128A.This contract will provide the requisite resources and expertise to provide oversight and management of the construction of this new facility. TIMING CONCERNS The construction contract for the Headquarters Complex is expected by be awarded in May and construction is scheduled to start in June 2021. RAMIFICATIONS OF NOT TAKING ACTION Without a dedicated Construction Management firm,the role would need to be staffed through the Supplemental Engineering and Support Services Agreement,which will expire prior to construction completion.Existing specialty inspection and materials testing contracts are insufficient to complete this work. PRIOR COMMITTEE/BOARD ACTIONS March 2019 -The Headquarters Complex Ad Hoc Committee endorsed staff's recommendation to use the existing staff augmentation contract with Jacobs Engineering to provide third-party engineering design support and construction management services for the Headquarters Complex as needed. November 2018 -The Headquarters Complex Ad Hoc Committee provided direction to staff to consider hiring a third-party Construction Management firm to oversee the project. ADDITIONAL INFORMATION In early 2019,construction was scheduled to be completed before June 2023,when the Supplemental Engineering and Support Services Agreement expires.At the March 4,2019 Headquarters Complex Ad Hoc Committee meeting,the Committee endorsed staff’s recommendation to utilize that contract to provide construction management services for this project. Challenges in obtaining approval from the City of Fountain Valley delayed the project so thatOrange County Sanitation District Printed on 3/31/2021Page 2 of 5 powered by Legistar™ File #:2021-1433 Agenda Date:4/7/2021 Agenda Item No:7. Challenges in obtaining approval from the City of Fountain Valley delayed the project so that construction will not be completed until late 2023. Consultant Selection: OC San requested and publicly advertised for proposals for construction management services relating to Headquarters Complex at Plant No.1,Project No.P1-128A,on November 5,2020.The following evaluation criterion were described in the Request for Proposals (RFP)and used to determine the most qualified Consultant. CRITERION WEIGHT Project Understanding and Approach 40% Related Project Experience 25% Project Team and Staff Qualifications 35% Seven proposals were received on December 23,2020 and evaluated in accordance with the evaluation process set forth in OC San’s Purchasing Ordinance No.OCSD-52 (Purchasing Ordinance) by a pre-selected Evaluation Team consisting of OC San staff:Senior Engineer (Project Manager,non- voting),Construction Inspection Supervisor,Engineering Supervisor,and Engineering Manager.The Evaluation Team also included one voting representative from the Orange County Water District (GWRS Program Manager),one non-voting representative from the Contracts Administration Division, and one non-voting technical advisor from Jacobs Engineering. The Evaluation Team scored the proposals on the established criterion as summarized in the table below: Proposer Project Understanding and Approach (Max. 40 Points) Related Project Experience (Max. 25 Points) Project Team and Staff Qualifications (Max. 35 Points) Total Score (Max. 100 Points) 1 ARCADIS U.S., Inc. 31 18 25 74 2 AECOM Technical Services, Inc. 29 19 25 73 3 Vanir Construction Management 28 20 23 71 4 Hill International 28 14 25 67 5 Griffin Structures 27 16 23 66 6 The Austin Company 23 14 23 60 7 Project Management Advisors 18 11 14 43 Orange County Sanitation District Printed on 3/31/2021Page 3 of 5 powered by Legistar™ File #:2021-1433 Agenda Date:4/7/2021 Agenda Item No:7. Following scoring,the five highest-scoring firms were invited for interviews.The interviews were conducted on January 28 and February 4,2021.After the interviews,the Evaluation Team determined the highest-scoring proposer based on both the written proposal and the interview. Below is the summary of the final scores. Proposer Project Understanding and Approach (Max. 40 Points) Related Project Experience (Max. 25 Points) Project Team and Staff Qualifications (Max. 35 Points) Total Score (Max. 100 Points) 1 AECOM Technical Services, Inc. 33 21 28 82 2 ARCADIS U.S., Inc. 29 19 29 77 3 Vanir Construction Management 29 20 27 76 4 Griffin Structures 29 19 25 73 5 Hill International 26 16 22 64 AECOM Technical Services,Inc.was selected based on their superior combination of project approach,team experience,and qualifications.The firm proposed an efficient,yet robust,team that was very experienced and had worked together recently on similar successful projects.The AECOM team proposed a project plan that excelled both in risk management as well as testing and inspection strategies. Review of Fee Proposal and Negotiations: Proposals were accompanied by sealed fee proposals.Only the fee proposal of the Evaluation Committee’s highest-ranked firm,as approved by the Director of Engineering,was opened in accordance with the Purchasing Ordinance. Staff conducted negotiations with AECOM Technical Services,Inc.to clarify the requirements of the Scope of Work,the assumptions used for the estimated level of effort,and the proposed approach to meet the goals and objectives for the project.Negotiations were held with multiple follow up e-mails and calls.During negotiations,the Scope of Work was reviewed in detail and certain areas were identified that could be adjusted to better meet the needs of the project.Those changes included a greater allowance for change order cost estimating;oversight and coordination for furnishings, fixtures,and equipment;coordinating building information modeling data with the contractor;and replacing the quality control manager with a more highly qualified individual with mass timber experience. Orange County Sanitation District Printed on 3/31/2021Page 4 of 5 powered by Legistar™ File #:2021-1433 Agenda Date:4/7/2021 Agenda Item No:7. Original Fee Proposal Negotiated Fee Total Hours 29,098 31,537 Total Fee $6,180,186 $6,750,000 The Consultant’s fringe and overhead costs,which factor into the billing rate,have been substantiated.The contract profit is 5.00%,which is based on an established formula based on OC San standard professional agreements. 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 award of the Professional Services Agreement to AECOM Technical Services, Inc. CEQA The project is included in the Addendum to the City of Fountain Valley “Fountain Valley Crossings Specific Plan” Program Environmental Impact Report, State Clearinghouse No. 2015101042. FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 58,Headquarters Complex, Project No. P1-128) 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 Services Agreement ·Presentation TG:DF:dm Orange County Sanitation District Printed on 3/31/2021Page 5 of 5 powered by Legistar™ PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 1 of 20 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the «EffectiveDate» day of «EffectiveMonth», «Year», by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and «Company», for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". The SANITATION DISTRICT and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant for Headquarters Complex at Plant No. 1, Construction Management Services, Contract No. P1-128A, to provide professional services and provide services for the engineering construction management of vertical building construction with elements of a mass timber hybrid structure and all of the elements needed for a building of that type; and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select a CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on «BoardMeetingDate» the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this AGREEMENT, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional 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, and completeness and coordination of the work and services furnished by the CONSULTANT under this AGREEMENT, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this AGREEMENT and shall ensure that all work is performed to the highest industry -- PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 2 of 20 standards for clarity, uniformity, and completeness. CONSULTANT shall timely respond to all comments, suggestions, and recommendations from the SANITATION DISTRICT. All comments from the SANITATION DISTRICT, or its agent, shall be incorporated into the work or addressed, in writing, as to why the comment(s) has/have not been incorporated. CONSULTANT shall ensure that each document prepared is 100% accurate for the level of work submitted (i.e. correct references, terms, capitalization or equal status, spelling, punctuation, etc.) C. In the event that CONSULTANT's services and/or work product(s) is not to the satisfaction of the SANITATION DISTRICT and/or does not conform to the requirements of this AGREEMENT or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its work product(s) within the timeframe specified by the Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. Electronic files shall conform to the SANITATION DISTRICT specifications. Any changes to these specifications by the CONSULTANT are subject to review and require advance written approval of the SANITATION DISTRICT. Electronic files shall be subject to an acceptance period of thirty (30) calendar days during which the SANITATION DISTRICT shall perform appropriate reviews. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT. E. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, and reports compiled or composed by the CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, or (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 3 of 20 A. Total Compensation Total compensation shall be in an amount not to exceed «Grand Total Written Amount» Dollars ($«Grand Total Amount»). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees’ work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment “E” - Fee Proposal. - PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 4 of 20 For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per Attachment “J” – Minor Subconsultant Hourly Rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel, and licenses for an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts and other documentary records to support CONSULTANT’s request for reimbursement of these amounts, see Attachment “D” - Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above. G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications in scope of work resulting from field investigations and field work required by Contract. 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 The SANITATION DISTRICT 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 the SANITATION DISTRICT 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 or management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. The SANITATION DISTRICT 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. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 5 of 20 CONSULTANT shall be responsible for returning to the SANITATION DISTRICT any excess reimbursements after the reimbursement has been paid by the SANITATION DISTRICT. Travel and travel arrangements – Any travel involving airfare, overnight stays or multiple day attendance must be approved by the SANITATION DISTRICT in advance. Local Travel is considered travel by the CONSULTANT within the SANITATION DISTRICT 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 the SANITATION DISTRICT for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of the SANITATION DISTRICT 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 the SANITATION DISTRICT. 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. 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 seventy-five percent (75%) of the not-to-exceed amount of the AGREEMENT, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT 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 the SANITATION DISTRICT’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 the SANITATION DISTRICT 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 The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 6 of 20 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, in a format acceptable to the SANITATION DISTRICT. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by the SANITATION DISTRICT. CONSULTANT understands that submitted costs are subject to Section 12 Audit Provisions. B. CONSULTANT will submit monthly statements covering services and/or work performed for payment for those items included in Section 2 hereof no later than the second Wednesday of the following month and in the format required by the SANITATION DISTRICT. The format must include, as a minimum: 1) current billing period invoicing, 2) current billing period “total percent invoiced to date”, 3) future activities, 4) previous billing period “total invoiced to date”, 5) potential items that are not included in the Scope of Work, 6) concerns and possible delays, 7) percentage of completion to date, and 8) budget status and amount remaining. Such requests shall be accompanied by such supporting data as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount. If the SANITATION DISTRICT determines that the work under this AGREEMENT or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element, The SANITATION DISTRICT may, at the discretion of the Director of Engineering, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for the Project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this AGREEMENT for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 7 of 20 D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this AGREEMENT, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work based on the monthly statements, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this AGREEMENT for such work, or prior settlement upon termination of this AGREEMENT, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this AGREEMENT other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code sections 12650-12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this AGREEMENT may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: (a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; (c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or (e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. PREVAILING WAGES A. To the extent CONSULTANT intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees. 6. 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, PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 8 of 20 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 SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, 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 Regulations Section 16461(e). 7. DOCUMENT OWNERSHIP – CONSULTANT PERFORMANCE A. Ownership of Documents for the Professional Services performed. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the AGREEMENT, or b) in accordance with other provisions of this AGREEMENT. Notwithstanding any other provision of this paragraph or AGREEMENT, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the study or deliverable where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 9 of 20 8. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this AGREEMENT. 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. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this AGREEMENT), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 10 of 20 D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, Five Hundred Thousand Dollars ($500,000) per person for bodily injury, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. 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 a form acceptable by the SANITATION DISTRICT. F. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. 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. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 11 of 20 In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this AGREEMENT or until completion of the services provided for in this AGREEMENT, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this AGREEMENT. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. H. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010) or equivalent. • Additional Insurance (General Liability) (ISO Form) CG2010 11 85 or The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured (Auto Liability) Submit endorsement provided by carrier for the SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 12 of 20 I. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. J. Primary Insurance All liability policies shall contain a Primary and Non-Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured All 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 the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 13 of 20 N. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. 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 SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 9. SCOPE CHANGES In the event of a change in the Scope of Work or a change in the proposed Project, as requested by the SANITATION DISTRICT, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT, including, but not limited to any additional CONSULTANT's fees. 10. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this AGREEMENT, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this Project under this AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant and each of CONSULTANT’s Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant, broken down as indicated in Section 2- COMPENSATION. There shall be no substitution of the listed Subconsultants and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 11. ENGINEERING REGISTRATION The CONSULTANT's personnel and Subconsultants are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 14 of 20 12. AUDIT PROVISIONS. A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this AGREEMENT during the term of this AGREEMENT and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all Project related accounting records and documents, and any other financial data. 13. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants into employees of the SANITATION DISTRICT. CONSULTANT’S staff performing services under the AGREEMENT shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation, and similar matters. 14. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this AGREEMENT, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 15 of 20 ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Diane Marzano, Contracts Administrator Copy: Dean Fisher, Engineering Manager (Project Manager) CONSULTANT: «Company» «ConsultantsName» «Address» «CityStateZip» All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT. 15. TERMINATION The SANITATION DISTRICT may terminate this AGREEMENT at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this AGREEMENT, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT at the address listed in Section 14 - NOTICES. 16. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this Project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this AGREEMENT, which is requested in writing by the SANITATION DISTRICT. 17. 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 PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 16 of 20 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. 18. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each Party is a person duly authorized to execute this AGREEMENT for that Party. 19. 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. 20. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’s sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT’s officers, directors, employees, CONSULTANT’s, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’s fees and costs and the PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 17 of 20 SANITATION DISTRICT’s general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’s supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this AGREEMENT. Under no circumstances shall the insurance requirements and limits set forth in this AGREEMENT be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder. The terms of this AGREEMENT are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this AGREEMENT. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 18 of 20 precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this AGREEMENT until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES CONSULTANT shall comply with all SANITATION DISTRICT policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time. 25. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the AGREEMENT is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the AGREEMENT is otherwise terminated or expires in accordance with the terms of the AGREEMENT, the SANITATION DISTRICT shall give the Consultant written notice that the AGREEMENT will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports, or similarly related documents as required under the AGREEMENT within thirty (30) days of receipt of notice of AGREEMENT closeout. Upon receipt of CONSULTANT’s submittals, the SANITATION DISTRICT shall commence a closeout audit of the AGREEMENT and will either: i. Give the CONSULTANT a final AGREEMENT Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT’s cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in the AGREEMENT Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final AGREEMENT acceptance, the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise), and the CONSULTANT shall remain obligated under all those provisions of the AGREEMENT which expressly or by their nature extend beyond and survive final AGREEMENT Acceptance. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 19 of 20 Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT’s request for final AGREEMENT Acceptance as set forth above shall not be deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or AGREEMENT with, the CONSULTANT’s request for final AGREEMENT Acceptance. 26. ENTIRE AGREEMENT This AGREEMENT constitutes the entire understanding and AGREEMENT between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PSA CONTRACT NO. P1-128A Revised 101520 HEADQUARTERS COMPLEX AT PLANT NO. 1, ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES Page 20 of 20 IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: COMPANY NAME By __________________________________________________ Date __________________________________________________ Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By __________________________________________________ David John Shawver 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” – Labor Hour Matrix Attachment “C” – Conflict of Interest Disclaimer Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Form Attachment “F” – Sample PSA Agreement Attachment “G” – Sample Cost Matrix Attachment “H” – Acknowledgement of Addenda Receipt Attachment “I” – Acknowledgement of Contract Agreement Attachment “J” – Minor Subconsultant Hourly Rate Schedule Attachment “K” – Contractor Safety Standards DM:ms 3/31/2021 1 Headquarters Complex at Plant No. 1, Project No. P1‐128A Presented By: Kathy Millea Director of Engineering Operations Committee April 7, 2021 Consultant Services Award 2 Project Elements •Headquarters Building •Bridge Over Ellis Avenue with Landing on Plant No. 1 •Utilities and Sitework •Construction Cost Estimate $103 Million 1 2 3/31/2021 2 Project Site Development OCSD Plant No. 1Ellis Ave Pa c i f i c St Ba n d i l i e r C i r 3 4 Project Site Development December 2020 3 4 3/31/2021 3 5 Project Schedule MILESTONE DATE Advertise for Bid January 29, 2021 Bid Opening April 27, 2021 Board Award May 26, 2021 Construction NTP June 24, 2021 Substantial Completion September 2023 Final Completion November 2023 6 •OC San CM Approach•In‐house CM Staffing•Industry‐specific experience•Consistency, control, communication •Considerations•Work differs from typical OC San projects•Limited OC San availability•Building/Code Experience•Dedicated team Construction Management Approach 5 6 3/31/2021 4 • Originally Jacobs team proposed and presented at March 2019 Headquarters Ad-Hoc Committee Meeting • Project delays created timing conflicts with the Jacobs Contract • Revised plan includes a stand-alone contract with a new separate firm Third Party Construction Manager 7 8 Construction Management Scope Building Contractor Oversight Field Engineering Change Management Safety Oversight Quality Assurance Oversight and Documentation Deputy Inspection and Testing (Code Compliance) Schedule Control/Oversight Cost Control /Estimating 3D Model Coordination Photographic Documentation Furniture, Fixtures, and Equipment Coordination Commissioning/LEED Coordination Surveying 7 8 p ~, ---L___ ___ '-----' --- ~ ~ [ru '---I ---'-----' ---L___ __ _ Ii © l .e -:·,t 3/31/2021 5 •Seven proposals received •Interviews conducted with five firms •AECOM Technical Services, Inc. selected Selection Process 9 10 • Strong Team • Effective Oversight Plan • Recent Related Experience • Team includes 5 subconsultants (49% of Fee) AECOM Proposal 9 10 l(in90 "'1fto.o.re r'f'.I CONSTRUCTION. w V.O~IOr'QWollMS __ ,..,_",!,!""~•"'"'lflOl'--•oHI ,_....,,.. citad (1EIVI '""''"GUID·A :~-::: l-\ : .... : SURVEYING INC. 3/31/2021 6 Original Fee Proposal Negotiated Fee Total Hours 29,098 31,537 Total Fees $6,180,186 $6,750,000 Negotiations Major refinements to reduce risks •Greater allowance for change order cost estimating •Furnishings, fixtures, and equipment oversight and coordination •Added 3‐D Modeling (BIM) coordination •Added mass timber quality assurance – Subconsultant allowance and more experienced inspection oversight. 11 12 Recommend to the Board of Directors to: •Approve a Professional Services Agreement with AECOM Technical Services, Inc. to provide construction management, testing, and inspection services for Headquarters Complex at Plant No. 1, Project No. P1‐128A, for an amount not to exceed $6,750,000; and •Approve a contingency of $675,000 (10%). Recommendation: Consultant Services 11 12 3/31/2021 7 Questions ? 13 13 OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1138 Agenda Date:4/7/2021 Agenda Item No:8. FROM:James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: NEWHOPE-PLACENTIA TRUNK SEWER REPLACEMENT, PROJECT NO. 2-72B GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Approve a contingency increase of $2,038,470 (3.5%) to the construction contract with Group OHL USA, Inc. for Newhope-Placentia Trunk Sewer Replacement, Project Nos. 2-72B and 2-72C, for a total construction contingency of $5,824,200 (10%). BACKGROUND The upper reaches of the Newhope-Placentia Trunk Sewer carry flows from the cities of Brea, Fullerton, Placentia, and Anaheim to Plant No. 1 for reclamation. The Newhope-Placentia Trunk Replacement, Project No. 2-72, will increase the capacity of the trunk sewer to satisfy current and future flows, allow abandonment under a subsequent project of Yorba Linda Pump Station, and add flexibility to the collections system to divert reclaimable flows to Plant No. 1. In May 2018, a construction contract was awarded to Group OHL USA, Inc. for Newhope-Placentia Trunk Sewer Replacement, Project Nos. 2-72B and 2-72C. The contract replaces four miles of pipeline within sensitive areas along State College Boulevard, including Anaheim’s Platinum Triangle, and business and residential areas. The work includes traffic control sequencing, deep excavations, multiple shifts, sewer bypassing, pipeline abandonment, four trenchless jack and bore crossings through major arterial streets and railroads, and sewer pipe crack repair work on the Rolling Hills Sub- Trunk. At the time of award, the work was scheduled to be complete in February 2021, however, due to unknown conditions and sequencing delays it is expected to complete in the summer of 2021. RELEVANT STANDARDS ·Ensure the public’s money is wisely spent ·Maintain a proactive asset management program ·Achieve less than 2.1 sewer spills per 100 miles PROBLEM Unforeseen conditions encountered during construction have resulted in higher than expected contract changes. The approved construction contract contingency is not estimated to be sufficient to complete construction. PROPOSED SOLUTION Approve a contingency increase of $2,038,470 (3.5%) to the construction contract for a total contingency of $5,824,200 (10%). This increase will cover additional costs to complete the remaining construction work and provide funds for additional construction-related risks. Orange County Sanitation District Printed on 3/30/2021Page 1 of 3 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2020-1138 Agenda Date:4/7/2021 Agenda Item No:8. TIMING CONCERNS Additional contingency funds are required to authorize construction changes to complete all remaining work without causing additional project delays.The work involves construction in public streets and there are safety risks associated with excavation,shoring,street restoration,and traffic control that require timely mitigation.Stopping the work could result in much higher costs resulting from the need to leave the work site in a safe condition for the public and to demobilize and remobilize the Contractor. RAMIFICATIONS OF NOT TAKING ACTION If the contract contingency is not increased,the Orange County Sanitation District (OC San)could potentially be required to direct the Contractor to stop remaining work,restore the streets to original condition,and demobilize.The project will be delayed and impacts to the public roadway will be prolonged due to remaining construction work not being completed. In addition, final connections required to reroute available flows to Plant No. 1 will not be reclaimed. PRIOR COMMITTEE/BOARD ACTIONS May 2018 -Awarded a construction contract with Group OHL USA,Inc.for Newhope-Placentia Trunk Sewer Replacement,Contract Nos.2-72B &2-72C,for a total amount not to exceed $58,242,000,and approved a contingency of $3,785,730 (6.50%). ADDITIONAL INFORMATION Construction work is currently 90%complete and includes the majority of the four miles of open trench pipeline installation,most of the associated sewer lateral connection work,four trenchless jack and bore intersection crossings, and relocation of all City of Anaheim waterlines.It is anticipated that the remaining work,including remaining open trench pipeline installation,connection of all sewer laterals,final connection to the pipeline installed under Project No.2-72A, sewer pipe crack spot repairs of the Rolling Hills Sub-Trunk,and all roadway asphalt and landscape restoration will be completed in the summer of 2021. There have been a significant number of contract changes during construction,primarily due to unknown conditions, resulting in additional costs and delays.Work within the Platinum Triangle Area was expected to be completed before the 2019 baseball season;however,numerous unknown utilities and associated traffic control resequencing required a second mobilization to the Platinum Triangle Area in 2020 to complete the work.The pipeline installation work was also impacted by deep excavations,working around known and unknown utilities,which also impacted lateral construction, and resulted in trenching and shoring challenges.Lastly,unknown existing roadway conditions have also resulted in the need to restore larger sections of pavement than originally anticipated. The current authorized contingency is insufficient to fund forecasted costs based on an analysis of the known and anticipated changes.Additional contingency is requested for changes currently known and for future risks related to the remaining work on the contract,including roadway and landscaping restoration,changed and unknown conditions, anticipated remaining risks to complete all remaining constriction work,and modifications to sequencing and traffic control to reduce the impact on the surrounding community.The Contractor and OC San are working cooperatively to resolve change orders and to mitigate impacts as they are identified. While this requested contingency increase will be sufficient to complete the remaining construction work,Staff is evaluating the need for an additional future contingency request to resolve disputed Contractor change requests which are not included in this item.These disputed Contractor requests are not supported by OC San at this time with the information provided and these are moving through the dispute resolution process.Currently,OC San and the Contractor have been conducting ongoing dispute resolution meetings to evaluate and mitigate potential claims.Depending on the outcome of this process,an additional contingency request may be needed to settle these disputes and/or mitigate potential claims for impacts and associated legal costs. CEQA The project is included in the Addendum to the “1999 OCSD Strategic Plan”Program Environmental Impact Report,State Clearinghouse No. 2006101018. Orange County Sanitation District Printed on 3/30/2021Page 2 of 3 powered by Legistar™ File #:2020-1138 Agenda Date:4/7/2021 Agenda Item No:8. FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 19,Newhope-Placentia Trunk Replacement,Project No.2 -72) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency 04/21/2018 $58,242,000 $3,785,730 (6.5%) 04/28/2021 $2,038,470 (3.5%) ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Presentation AL:dm Orange County Sanitation District Printed on 3/30/2021Page 3 of 3 powered by Legistar™ 3/31/2021 1 NEWHOPE PLACENTIA TRUNK SEWER REPLACEMENT, SEGMENT B and C, PROJECT NO. 2‐72B & 2‐72C Presented by: Dean Fisher Engineering Mgr. Operations Committee April 7, 2021 Construction Contract Contingency Anaheim Contract 2‐72B Fullerton & Anaheim Contract 2‐72A (2+ miles) (Complete) Fullerton Rolling Hills Sub‐Trunk Contract 2‐72C Demolish Yorba Linda Pump Station (Future Project) Contract 2‐65 Grade Separation (Complete) Newhope‐Placentia Trunk 2 St a t e Co l l e g e Bl v d Fullerton Anaheim 1 2 3/31/2021 2 •Approx. 4 miles of pipe •Work for City of Anaheim –Waterline replacements –Misc. sewer upgrades –Transfer 2 miles of existing line for City use •Tie‐in to 2‐72A Project •Rolling Hills Sub‐Trunk Sewer Rehabilitation Project Details 3 Platinum Triangle Project Area Tile Row St a t e Co l l e g e Bl v d Residential & Retail Area 4 3 4 \ -·· AN"-Hf:IM JIIUORT ,.......,.Dr , .... t '/_..,,,.,i,• .. WEST ANAHEIM JUNCTION V, ,-+ ~ ro n Q. j \ • HOUHE..A~ ANAH(IW 3/31/2021 3 5 •Deep excavations •Bypass pumping •Unknown utilities Impact to work in busy intersections Shoring revisions Project Challenges 6 5 6 3/31/2021 4 •Traffic control sequencing Sensitive areas Night work Limited work windows Adjacent projects Project Challenges 7 Many contributing factors Increase in restoration scope Disputed work Project Challenges •Restoration Impacts 8 7 8 3/31/2021 5 9 Project Successes ‐Trenchless Segments Successful Jack & Bore Sections: Katella Ave SCRRA Railroad UPRR Railroad & Cerritos Ave Ball Road 10 •Community Outreach Community Meetings Helped businesses with signageScheduled around Community Input •Collaboration with Anaheim Water Line work Mitigating impacts •No‐Dig Conference Presentation •Working through COVID‐19 Project Successes 9 10 •0 ii•'ifJirJ.§j~•• J:l:D NEW JACK CITY! FIVE JACK AND BORE SEGMENTS INSTALLED ALONG A BUSY TRAFFIC CORRIDOR IN ANAHEIM, CA SA 3/31/2021 6 •Busy intersection •Conflict with existing City sewer line •Implemented same day solution with siphon •Mitigated boring rescue, redesign and schedule impacts Change Mitigation – Katella Intersection 11 •Busy intersection •Conflict with Fiber Optic encasement •Worked with AT&T to chip away encasement to allow sewer pipe installation •Mitigated sewer redesign and schedule impacts Change Mitigation – Orangewood 12 11 12 3/31/2021 7 Description Original Date Actual / Forecasted Date Platinum Triangle Mar 2019 July 2020 Substantial Completion: Field work complete Dec 2020 July 2021 Final Completion: Punchlist and closeout Feb 2021 Sept 2021 Schedule •Seven months behind schedule •Schedule impacts due to: Unknown conditions (utilities) Traffic control and work hour changes Contractor productivity 13 14 •Currently 90% complete •Remaining field work 4 Lateral connections Roadway restoration, 2 miles Median & landscaping restoration, 1.5 miles 2‐72A tie‐in @ SR91 Rolling Hills Sub‐Trunk Sewer Current Project Status 13 14 3/31/2021 8 Type of Change Orders to Date 15 Type of Change Amount Unknown Utility Conflicts $1,089,125 City Inspection Fees & Waterline Changes $886,240 Design Modifications $460,554 Paving Changes $342,874 Unforeseen Obstructions & Existing Utility Repairs $294,216 Traffic Control Changes & Work Resequencing $118,112 TOTAL $3,191,121 •Additional contingency needs:•Known changes and conflicts, not yet negotiated•Risks related to work not yet complete •Potential future needs:•Dispute resolution of Contractor Change Requests Contingency Forecast Additional Contingency Requirements Amount Percent Paving & Landscape Restoration Costs $300,000 0.5% Open Changes Pending Negotiation $1,460,000 2.5% Potential Changes on Remaining Field Work $278,470 0.5% Forecasted Contingency Need $2,038,470 3.5% 16 Contract Status Amount Percent Original Contract $58,242,000 Original Contingency Amount $3,785,730 6.50% Forecasted Contingency Need $2,038,470 3.50% Total Contingency Requested $5,824,200 10.00% 15 16 3/31/2021 9 17 •Project budget is $112,000,000 •Budget is sufficient for this action •Dispute resolution process related to Contractor Change Requests Disputed work Pavement restoration areas Delays and associated costs Project Budget Recommend to the Board of Directors to: Approve a contingency increase of $2,038,470 (3.5%) to the construction contract with Group OHL USA, Inc. for Newhope‐Placentia Trunk Sewer Replacement, Contract Nos. 2‐72B & 2‐72C, for a total construction contingency of $5,824,200 (10%). Recommended Action 18 17 18 3/31/2021 10 Questions? 19 19 ~SAN ORANGE COUNTY SANITATION DISTRICT OPERATIONS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1418 Agenda Date:4/7/2021 Agenda Item No:9. FROM:James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: ORANGE COUNTY SANITATION DISTRICT COLLECTION SYSTEM GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND Each month, staff provides an informational presentation on topics of interest to the Board of Directors. This month’s topic: Orange County Sanitation District Collection System. RELEVANT STANDARDS ·24/7/365 treatment plant reliability ·Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard 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 Printed on 3/31/2021Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT 3/31/2021 1 Wastewater Collection System Robert Thompson, Assistant General Manager Operations Committee April 7, 2021 388 miles of sewers 480 square miles 189 million gallons per day 2.6 million population 20 cities, 4 special districts 15 pump stations 2treatment plants Our Service Area 2 1 2 • • 3/31/2021 2 Wastewater Collection System City Local SewerManhole Private Lateral OC San Regional Trunkline Ocean OutfallOC San Treatment Plants City Manhole To Orange County Water District 3 • OC San relevant standard – 2.1 sewer spills per 100 miles. • Collections’ goal – 0 spills Our Goal ‐Prevent Sewer Spills 4 3 4 W R S ~• G '""~"· •• Oll)uNow'.UtaD,,_~ 3/31/2021 3 • Various pipe materials • Trunks, interconnections, reliefs • Inverted siphons • Diversions Gravity Systems 5 • Flush work • Grit removal • Spill prevention • Tire cleaning • Grit removal • Spill prevention • Line proofing Line Cleaning Types 6 5 6 ;, 5 -I IU.:>11 VVVI I'- • Grit removal • Spill prevention • Tire cleaning • Grit removal • Spill prevention • Line proofing 3/31/2021 4 Line Flushing 7 8 Mechanical Cleaning ‐Tire Tire cleaning • Grit removal • Spill prevention • Line proofing 7 8 8 3/31/2021 5 9 Mechanical Cleaning ‐Tire • Mechanical cleaning means employed by OC San • Pump stations - 15 • Force mains - 20 miles Pressure Systems 10 9 10 3/31/2021 6 • Operational rounds • Pump maintenance • Wet well cleaning • Controls/calibration • Electrical maintenance • Bypass contingency Pump Station Maintenance 11 • Bypass pumping • Emergency response • Critical maintenance • Assessments • Bypass pumping design • Unique to each station • Agile and quick assembly Pump Station Resiliency 12 11 12 3/31/2021 7 • State enforcement • Damage prevention • Other entity request • Centralized system through state: Dig-Alert system • Field locating and marking Underground Line Locating 13 Regional Odor Control 14 13 14 Liquid Treatment Chemical Tanks • Ferroos Chloride (5) • Calcium Nitrate (4) • Magnesium Hydroxkle (4) • In Con~truct,on / In Progre.u (3) Trunk Lines Continuous Liquid-Treatment Baker-Main Euclid Knott Miller-Holder Newport 36 Caustic Batching Manholes ;::-.;:::,~:~:::~::• (PQP) Yorba Linda / ,ur,,~ TO AUNDA OdorControlStatlon H•1•r-Paclflcm P'LAC TIA O Siphon Treatment BueN P•tk f lu,; A. SARI Vapor Scrubber LA "" •Goodman Industrial Center (GIC) 10 8• O.mollsh•d .. , ' ~'""'.r.l~ .. , "YP'II:£ s w.u. LOI TANlON OltANO;AltK AµMTOI SO CIAltD City of SB e ifffany PS'o Adolfo Lopez PS •-IJ.,1 i, N5n In Con,tructlon • SeilUl~~C~.J Mid ay City u.NTA Pump Station Sanltiry Dlstrlct·HA IUCM I Crystal Cove Pump Station N A Re,111~ 3/31/2021 8 • Magnesium Hydroxide• Raises pH to keep 𝐻𝑆ି in solution • Ferrous Chloride (Ferric Salts)• Oxidize sulfide to sulfur • Precipitates sulfide as ferric sulfide • Calcium Nitrate (Bioxide)• Naturally occurring bacteria biochemically oxidize dissolved sulfide in the presence of nitrate • Sodium Hydroxide• Sloughs off slime layer Odor Control Chemicals 15 • Proactive outreach • Investigate • GIS tracking of “Hot Spots” • Received AAEES award and patent for approach Regional Odor Control Efforts 16 15 16 SO ,· + organic matt~r s·+ 2w ___ - anaerobic bacteria H,S S"+H,O+CO, 3/31/2021 9 • Asset inspection • Structural degradation and cleaning • Project scoping • Spill prevention CCTV 17 • Assisted Costa Mesa Sanitary District (CMSD) and East Orange County Water District (EOCWD) with SSO response • Assisted Irvine Ranch Water District (IRWD) with cleaning Agency Assistance 18 17 18 I ~ : 74.6 ... Roots Medium Joint Position: 7 To 1 Severity: None Percent: 10 Joint Maint Weight: 3 3/31/2021 10 Questions ? 19 19 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LOS Level Of Service RFP Request For Proposal APWA American Public Works Association MGD Million Gallons Per Day RWQCB Regional Water Quality Control Board AQMD Air Quality Management District MOU Memorandum of Understanding SARFPA Santa Ana River Flood Protection Agency ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy Act SARWQCB Santa Ana Regional Water Quality Control Board CARB California Air Resources Board NGOs Non-Governmental Organizations SAWPA Santa Ana Watershed Project Authority CASA California Association of Sanitation Agencies NPDES National Pollutant Discharge Elimination System SCADA Supervisory Control And Data Acquisition CCTV Closed Circuit Television NWRI National Water Research Institute SCAP Southern California Alliance of Publicly Owned Treatment Works CEQA California Environmental Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality Management District CIP Capital Improvement Program OCCOG Orange County Council of Governments SOCWA South Orange County Wastewater Authority CRWQCB California Regional Water Quality Control Board OCHCA Orange County Health Care Agency SRF Clean Water State Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and Health Administration TDS Total Dissolved Solids EPA US Environmental Protection Agency PCSA Professional Consultant/Construction Services Agreement TMDL Total Maximum Daily Load FOG Fats, Oils, and Grease PDSA Professional Design Services Agreement TSS Total Suspended Solids gpd gallons per day PFAS Per- and Polyfluoroalkyl Substances WDR Waste Discharge Requirements GWRS Groundwater Replenishment System PFOA Perfluorooctanoic Acid WEF Water Environment Federation ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation IERP Integrated Emergency Response Plan POTW Publicly Owned Treatment Works WIFIA Water Infrastructure Finance and Innovation Act JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the Nation Act LAFCO Local Agency Formation Commission PSA Professional Services Agreement WRDA Water Resources 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) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and 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.