HomeMy WebLinkAbout05-05-2021 Operations Committee Meeting Complete Agenda Packet 4-29-2021
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, May 4, 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
April 29, 2021
NOTICE OF MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, May 5, 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, May 5, 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
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
04/06/22 04/27/22
* Meeting will be held on the third Wednesday of the month
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: May 5, 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, May 5, 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, May 5, 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
May 4, 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.
1.2021-1592APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee held April 7,
2021.
Originator:Kelly Lore
Agenda Report
04-07-2021 Operations Committee Minutes
Attachments:
Page 1 of 8
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 5, 2021
2.2021-1442QUARTERLY ODOR COMPLAINT REPORT
RECOMMENDATION:
Receive and file the Fiscal Year 2020-21 Third Quarter Odor Complaint Report.
Originator:Rob Thompson
Agenda Report
FY 2020-21 3rd Qtr Odor Complaints Report Summary
Attachments:
3.2021-1579REGIONAL ODOR AND CORROSION CONTROL SERVICES (ROCCS)
PROGRAM, SPECIFICATION NO. C-2017-899BD CONTINGENCY
INCREASE
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a unit price contingency increase of $0.74/gallon to the calcium nitrate
contract with US Peroxide, LLC dba USP Technologies for the Regional Odor
and Corrosion Control Services, Specification No. C-2017-899BD (PO
106291-OB), for July 1, 2021 through June 30, 2022, for a new total amount of
$3.21/gal; for a total estimated usage of $1,071,339; and
B. Approve Amendment No. 2 to the contract with Hill Brothers Chemical Company
for Regional Odor and Corrosion Control Services, Specification No.
C-2017-899BD (PO 106264-OB), for the period beginning July 1, 2021 through
June 30, 2022, to approve an additional application service rate of $80/site per
day, a field service rate of $80/site per day, and a flat surcharge delivery fee of
$400 for small truck deliveries (under 2,500 gallons) for low dosage sites of
ferrous chloride only, including but not limited to Crystal Cove Pump Station and
Tiffany Lift Station.
Originator:Rob Thompson
Agenda Report
Amendment No. 2 - Hill Brothers Chemical Company
Attachments:
4.2021-1569LIQUID FERRIC CHLORIDE SPECIFICATION NO. C-2019-1037BD
CONTINGENCY INCREASE
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a unit price contingency of $78.70 per dry ton (13.18%) which is a $19 per dry
ton (3.18%) contingency increase to the liquid Ferric Chloride Agreement with Pencco,
Inc., Specification No. C-2019-1037BD, for the period beginning July 1, 2021 through
June 30, 2022. New dry ton unit cost not to exceed $675.70 per dry ton. New contract
estimated total is $2,027,100 plus applicable sales tax.
Page 2 of 8
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 5, 2021
Originator:Rob Thompson
Agenda ReportAttachments:
5.2021-1582ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending March 31, 2021.
Originator:Kathy Millea
Agenda Report
Engineering Program Contract Performance Report Period
Ending 3/31/2021
Attachments:
6.2020-1140ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK
SEWER REHABILITATION, CONTRACT NOS. 3-64A AND 3-64B
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with AECOM
Technical Services, Inc. to provide construction support services for
Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation,
Contract Nos. 3-64A and 3-64B for a total amount not to exceed $610,000; and
B. Approve a contingency of $61,000 (10%).
Originator:Kathy Millea
Agenda Report
3-64A & 3-64B Professional Construction Services Agreement
Attachments:
7.2020-1238ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK
SEWER REHABILITATION, CONTRACT NOS. 3-64A AND 3-64B
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a Cooperative Reimbursement Agreement between the Orange County
Sanitation District and the City of Cypress for Pavement Slurry Seal Construction in
conjunction with the Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer
Rehabilitation, Contract Nos. 3-64A and 3-64B, for an amount not to exceed $83,000.
Originator:Kathy Millea
Agenda Report
3-64AB Cooperative Agreement for Reimbursement with
Cypress
Attachments:
Page 3 of 8
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 5, 2021
8.2021-1432CONTROL CENTER OFFICES AND DAY TRAINING ROOM
REMODELING AT PLANT NO. 1, PROJECT NO. FR1-0007
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and File Bid Tabulation and Recommendation for Control Center
Offices and Day Training Room Remodeling at Plant No. 1, Project No.
FR1-0007;
B. Award a Construction Contract to Thomas Solar Energy for Control Center
Offices and Day Training Room Remodeling at Plant No. 1, Project No.
FR1-0007, for an amount not to exceed $256,790; and
C. Approve a contingency of $25,679 (10%).
Originator:Kathy Millea
Agenda Report
FR1-0007 Contract Agreement & Exhibit A Schedule of Prices
Attachments:
9.2021-1534MACARTHUR FORCE MAIN IMPROVEMENTS, PROJECT NO. 7-68
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Michael Baker
International, Inc. to provide engineering services for MacArthur Force Main
Improvements, Project No. 7-68, for an amount not to exceed $500,000; and
B. Approve a contingency of $50,000 (10%).
Originator:Kathy Millea
Agenda Report
7-68 PDSA Agreement - Draft
Attachments:
10.2021-1574ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENTS,
CONTRACT NO. FE21-00-XX
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve Annual Professional Design Services Agreements (PDSA) with the
following firms for professional engineering design and construction support
services commencing July 1, 2021 with a maximum annual fiscal year contract
limitation not to exceed $600,000 for each Annual Professional Design Services
Agreement; and
FIRM CONTRACT NO.
1 AECOM Technical Services, Inc. (AECOM) FE21-00-01
2 Arcadis U.S., Inc. (Arcadis) FE21-00-02
3 Black & Veatch Corporation (Black & Veatch) FE21-00-03
Page 4 of 8
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 5, 2021
4 Brown & Caldwell FE21-00-04
5 CDM Smith, Inc. (CDM Smith) FE21-00-05
6 CIVILTEC Engineering, Inc. (CIVILTEC) FE21-00-06
7 Dudek FE21-00-07
8 GHD, Inc. (GHD) FE21-00-08
9 HDR Engineering, Inc. (HDR) FE21-00-09
10 Infrastructure Engineering Corporation (IEC) FE21-00-10
11 Kennedy Jenks Consultants, Inc. (Kennedy Jenks) FE21-00-11
12 Kleinfelder, Inc. (Kleinfelder) FE21-00-12
13 Michael Baker International, Inc. (Michael Baker) FE21-00-13
14 ProjectLine Technical Services, Inc. (ProjectLine) FE21-00-14
15 SPEC Services, Inc. (SPEC Services) FE21-00-15
16 SVA Architects, Inc. (SVA Architects) FE21-00-16
17 Tetra Tech FE21-00-17
18 Woodard & Curran, Inc. (Woodard & Curran) FE21-00-18
B. Approve two additional one-year optional extensions for each PDSA.
Originator:Kathy Millea
Agenda Report
FE21-00-XX - Sample Annual Professional Design Services
Agreement
Attachments:
11.2021-1583NEWHOPE-PLACENTIA TRUNK REPLACEMENT, SEGMENT B AND
SEGMENT C, CONTRACT NOS. 2-72B AND 2-72C
RECOMMENDATION: Recommend to the Board of Directors to:
Approve the First Amendment to Agreement between the Orange County Sanitation
District and the City of Anaheim for Construction of Water Facilities in Conjunction with
the State College Boulevard Sewer Project, which increases by $513,439 the maximum
reimbursement by the City of Anaheim to a new total of $1,813,439.
Originator:Kathy Millea
Agenda Report
2-72B First Amendment to City of Anaheim to Cooperative
Agreement
City of Anaheim Agreement Project No. 2-72B
Attachments:
Page 5 of 8
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 5, 2021
NON-CONSENT:
12.2021-1527HEADQUARTERS COMPLEX AT PLANT NO. 1, CONTRACT NO.
P1-128A
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with HDR
Engineering, Inc. to provide construction support services for Headquarters
Complex at Plant No. 1, Contract No. P1-128A, for an amount not to exceed
$4,900,000; and
B. Approve a contingency of $490,000 (10%).
Originator:Kathy Millea
Agenda Report
P1-128A PCSA Agreement - Draft
Attachments:
13.2021-1429ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK
SEWER REHABILITATION, CONTRACT NOS. 3-64A AND 3-64B
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Orange-Western
Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A
and 3-64B;
B. Award a Construction Contract to Steve P. Rados, Inc. for Orange-Western
Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A
and 3-64B, for a total amount not to exceed $17,775,000; and
C. Approve a construction contract contingency of $1,777,500 (10%).
Agenda Report
3-64A & 3-64B Contract Agreement and Exhibit A
Presentation - 3-64AB_Construction Award
Attachments:
14.2021-1529A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT NO. 2,
CONTRACT NO. P2-98A
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Black & Veatch
Corporation to provide construction support services for A-Side Primary
Clarifiers Replacement at Plant No. 2, Contract No. P2-98A, for an amount not
to exceed $8,400,000; and
B. Approve a contingency of $840,000 (10%)
Page 6 of 8
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 5, 2021
Originator:Kathy Millea
Agenda Report
P2-98A PCSA Agreement (Draft)
Presentation - P2-98A PCSA
Attachments:
15.2021-1530A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT NO. 2,
CONTRACT NO. P2-98A
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for A-Side Primary
Clarifiers Replacement at Plant No. 2, Project No. P2-98A;
B. Award a Construction Contract to PCL Construction, Inc. for A-Side Primary
Clarifiers Replacement at Plant No. 2, Contract No. P2-98A, for an amount not
to exceed $111,405,880; and
C. Approve a contingency of $6,684,353 (6%).
Originator:Kathy Millea
Agenda Report
P2-98A Contract Agreement & Exhibit A Schedule of Prices
Presentation - P2-98A Construction Award
Attachments:
INFORMATION ITEMS:
16.2021-1406CAPITAL IMPROVEMENT PROGRAM PROPOSED BUDGET FOR
FY2021-22
RECOMMENDATION:
Information Item.
Originator:Kathy Millea
Agenda Report
Presentation - CIP FY21-22 Budget Update
Attachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
Page 7 of 8
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 5, 2021
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, June 2, 2021 at 5:00
p.m.
Page 8 of 8
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1592 Agenda Date:5/5/2021 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 held April 7, 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 April 7, 2021
Orange County Sanitation District Printed on 4/26/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, April 7, 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, April 7, 2021 at 5:00 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). Director Jesus Silva 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, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver
and Chad Zimmerman
ABSENT:John Withers
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Brian Engeln were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services;
Jennifer Cabral; Mortimer Caparas; Tanya Chong; Dean Fisher; Tom Grant; Tina Knapp;
Joshua Martinez; Jeff Mohr; and Thomas Vu were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Berry and General Manager Herberg did not provide reports.
Assistant General Manager Rob Thompson provided a brief update on the recent spills in the
cities of Orange and Anaheim.
Page 1 of 7
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Minutes April 7, 2021
CONSENT CALENDAR:
Item Nos. 2 & 5 were pulled and heard separately.
1.APPROVAL OF MINUTES 2021-1565
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee Meeting on
March 3, 2021.
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver
and Chad Zimmerman
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
3.24-MONTH / 12,000-HOUR SERVICE ON THREE THICKENING
CENTRIFUGES AT PLANT NO. 1
2021-1478
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver
and Chad Zimmerman
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
4.PLANT BOILER SYSTEM RELIEF AT PLANT NO. 2, PROJECT NO.
FE18-15
2021-1516
Originator: Kathy Millea
Page 2 of 7
OPERATIONS COMMITTEE Minutes April 7, 2021
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver
and Chad Zimmerman
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
6.TRICKLING FILTER SLUDGE PUMP ROOM EXHAUST FAN
RELOCATION AT PLANT NO. 2, PROJECT NO. FR2-0013
2020-1218
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for Trickling Filter 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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver
and Chad Zimmerman
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
Page 3 of 7
OPERATIONS COMMITTEE Minutes April 7, 2021
At the request of Director Faessel, Item No. 2 was pulled and heard separately.
2.FLEET PURCHASE OF REPLACEMENT VEHICLES LT. DUTY
TRUCKS, MED. DUTY TRUCKS, SEDANS/SUVs FOR FY20/21
2021-1443
Originator: Rob Thompson
Mr. Thompson responded to questions regarding average annual fleet purchases and
described the in-house Fleet Management services.
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver
and Chad Zimmerman
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
At the request of Board Chair Shawver, Item No. 5 was pulled and heard separately.
5.ASSIGNMENT, WELL TRANSFER, AND OPERATORSHIP
AGREEMENT WITH CHEVRON U.S.A. INC.
2021-1518
Originator: Kathy Millea
Director of Engineering Kathy Millea clarified that there are no existing environmental
issues with the acceptance of operatorship of the well which OC San already owns.
MOVED, SECONDED, AND DULY CARRIED TO: 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, API # 05921580, along with the related rights
and obligations.
Page 4 of 7
OPERATIONS COMMITTEE Minutes April 7, 2021
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, David Shawver
and Chad Zimmerman
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
NON-CONSENT:
Director Hernandez appeared to be away during the vote on Item No. 7.
7.HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO.
P1-128A
2021-1433
Originator: Kathy Millea
Ms. Millea provided a PowerPoint presentation that reviewed the project elements and
schedule, project site development, construction management approach, third party
construction manager activity, construction management scope and selection process,
and AECOM's proposal and negotiations.
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Steve Jones, Sandra Massa-Lavitt, Kim Nichols, Robert
Ooten, Jesus Silva, David Shawver and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and John Withers
ABSTENTIONS:None
Director Nichols and Board Chair Shawver appeared to be away during the vote on Item No .
8.
8.NEWHOPE-PLACENTIA TRUNK SEWER REPLACEMENT, PROJECT
NO. 2-72B
2020-1138
Originator: Kathy Millea
Page 5 of 7
OPERATIONS COMMITTEE Minutes April 7, 2021
Engineering Manager Dean Fisher provided a PowerPoint presentation that provided
an overview of the project; the elements of the Newhope-Placentia Trunk; project
details, challenges, and successes; change mitigation; schedule; current project status;
type of change orders to date; contingency forecast; and project budget. Mr. Fisher
responded to questions regarding the complexity of the project vs. 2-72A;
prequalification; and named the Designer, Construction Manager, and Geo Technical
used for this project.
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva and Chad Zimmerman
NOES:None
ABSENT:Kim Nichols, David Shawver and John Withers
ABSTENTIONS:None
INFORMATION ITEMS:
9.ORANGE COUNTY SANITATION DISTRICT COLLECTION SYSTEM 2021-1418
Originator: Rob Thompson
Mr. Thompson provided a PowerPoint presentation that provided an overview of the
wastewater collection system. The presentation included information about OC San's
service area and goals; gravity systems; line cleaning types; line flushing; mechanical
cleaning; pressure systems; pump station maintenance and resiliency; underground
line locating; regional odor control, odor control chemicals, and odor control efforts;
CCTV; and outside agency assistance.
ITEM WAS RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
Page 6 of 7
OPERATIONS COMMITTEE Minutes April 7, 2021
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 6:16 p.m. to the meeting to be held on
Wednesday, May 5, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 7 of 7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1442 Agenda Date:5/5/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
QUARTERLY ODOR COMPLAINT REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Fiscal Year 2020-21 Third Quarter Odor Complaint Report.
BACKGROUND
During the third quarter of FY 2020-21, the Orange County Sanitation District (OC San) had the
following attributable odor complaints: Plant No. 1 had no odor complaints, Plant No. 2 had one odor
complaint, and the collection system had one odor complaint. A summary of the odor complaints with
a table tracking the history is included as an attachment.
RELEVANT STANDARDS
·Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
·12 or fewer odor complaints per year under normal operating conditions in the collection
system
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·FY 2020-21 Third Quarter Odor Complaint Report
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ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2020/21 – 3rd Quarter
1. Plant No. 1 Treatment Facility Odor Complaint Summary
Plant No. 1 received no attributable odor complaints during the 3rd quarter.
Plant No. 2 Treatment Facility Odor Complaint Summary
Plant No. 2 received one attributed odor complaint during the 3rd quarter. The odor complaint wasdue to odors in the truckloading area. The chemical dosing was adjusted in the truckloadingscrubbers for more efficient odor removal.
2.Collections Facilities Odor Complaint Summary
The collection system received one attributable odor complaint during the 3rd quarter. In the City ofCosta Mesa, a reported odor complaint was due to the pressurization and sewer ventilation of foulodors during sewer maintenance activities. The manhole was sealed to reduce sewer odor and
prevent any further complaints.
All Odor Complaints Tracking
Jan. 2021 to Mar. 2021 1st Qtr FY 20/21
2nd Qtr FY 20/21
3rd Qtr FY 20/21
4th Qtr FY 20/21
Cumulative FY 20/21
All Public Complaints Collections P1 P2 Total Total Total Total Total
Attributable
to OC San 1 0 1 6 6 2 14
Not Attributable to OC San 2 3 3 4 5 8 17
Total Public Complaints Received: 3 3 4 10 11 10 31
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1579 Agenda Date:5/5/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
REGIONAL ODOR AND CORROSION CONTROL SERVICES (ROCCS) PROGRAM,
SPECIFICATION NO. C-2017-899BD CONTINGENCY INCREASE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a unit price contingency increase of $0.74/gallon to the calcium nitrate contract with
US Peroxide, LLC dba USP Technologies for the Regional Odor and Corrosion Control
Services, Specification No. C-2017-899BD (PO 106291-OB), for July 1, 2021 through June 30,
2022, for a new total amount of $3.21/gal; for a total estimated usage of $1,071,339; and
B. Approve Amendment No. 2 to the contract with Hill Brothers Chemical Company for Regional
Odor and Corrosion Control Services, Specification No. C-2017-899BD (PO 106264-OB), for
the period beginning July 1, 2021 through June 30, 2022, to approve an additional application
service rate of $80/site per day, a field service rate of $80/site per day, and a flat surcharge
delivery fee of $400 for small truck deliveries (under 2,500 gallons) for low dosage sites of
ferrous chloride only, including but not limited to Crystal Cove Pump Station and Tiffany Lift
Station.
BACKGROUND
In April 2018, the Orange County Sanitation District's (OC San) Board of Directors awarded an
Agreement to Hill Brothers Chemical Company and US Peroxide, LLC dba USP Technologies (the
Suppliers) for the Regional Odor and Corrosion Control Services (ROCCS) Program, Specification
No. C-2017-899BD, for the supply, delivery, and dosing services of magnesium hydroxide, ferrous
chloride, and calcium nitrate. These agreements provide continuous chemical dosing within the
regional trunk system and major tributary sewers using a combination of three chemicals tailored to
unique site requirements. In addition to supplying the chemicals, the Suppliers provide all necessary
equipment, including tanks, containment, pumps, piping, secure fencing, and equipment monitoring
to determine tank levels, leaks, and pump rates. The ROCCS program currently operates 10
continuous chemical dosing sites located in nine member-agency cities to reduce odors in OC San’s
service area and extend sewer pipes' life expectancy. Staff maintains oversight and daily interaction
with the outsourced service providers.
Amendment No. 1 with Hill Brothers Chemical Company was executed effective December 16, 2019,
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File #:2021-1579 Agenda Date:5/5/2021 Agenda Item No:3.
Amendment No.1 with Hill Brothers Chemical Company was executed effective December 16,2019,
replacing Appendix E of the agreement to update the technical specifications for Magnesium
Hydroxide.
When staff initiated the Agreement renewal process with the Suppliers,US Peroxide,LLC dba USP
Technologies notified staff of an increase in the unit price of calcium nitrate.Some of the reasons
cited for the unit price increase are trucking and rail freight fee increases,the supply of critical raw
materials, and market conditions triggering the cost increase.
RELEVANT STANDARDS
·12 or fewer odor complaints per year under normal operating conditions in the collection
system
·Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting.
PROBLEM
The chemical unit cost of calcium nitrate increased beyond the annual approved contingency amount
of 15%.
The current ferrous chloride fee structure does not accommodate low dosage applications that would
allow staff to substitute ferrous chloride for the higher cost calcium nitrate at Crystal Cove Pump
Station and Tiffany Lift Station.
PROPOSED SOLUTION
US Peroxide,LLC dba USP Technologies and staff negotiated a price adjustment for calcium nitrate.
Staff recommends approval of the unit price increase for calcium nitrate to $3.21 per gallon which
represents a 30%annual increase from the current $2.47 per gallon.Staff is adjusting the dosing
levels of the three potential ROCCS chemicals to minimize the total program cost while meeting the
odor and corrosion goals.
Staff also recommends the approval of an Amendment to the Chemical Supplier Agreement with Hill
Brothers Chemical Company to add a low dosage fee structure for ferrous chloride.The original
ferrous chloride fees were for large format storage tanks and pumps.New low dosage ferrous
chloride tanks are proposed at Crystal Cove Pump Station and Tiffany Lift Station to support the
chemical substitution/optimization discussed above.Staff recommends an additional application
service rate of $80/site per day,a field service rate of $80/site per day,and a flat surcharge delivery
fee of $400 for small truck deliveries (under 2,500 gallons) for low dosage sites of ferrous chloride.
TIMING CONCERNS
If no action is taken,then a lapsed or reduced service level for odor control will occur at some remote
dosing stations.
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File #:2021-1579 Agenda Date:5/5/2021 Agenda Item No:3.
RAMIFICATIONS OF NOT TAKING ACTION
Without action,calcium nitrate addition in the collection system will cease and substitution of ferrous
chloride cannot occur.Normal biological action in the sewer system will produce hydrogen sulfide,
which causes odor and corrosion problems in the collection system.
PRIOR COMMITTEE/BOARD ACTIONS
April 2018 -Awarded a Chemical Supplier Agreement to US Peroxide,LLC dba USP Technologies,
for the ROCCS Program,Specification No.C-2017-899BD,for the period July 01,2018,through
June 30,2019,with four (4)one-year renewal options for the supply and delivery of Calcium Nitrate
at the unit price of $1.975/gallon delivered (plus applicable sales tax)with application services at a
unit price of $25/per site per day;field services at a unit price of $25/per site per day;a Crystal Cove
delivery fee of $175 per deliver for an estimated total annual amount of $498,794;and approved
annual unit price and program price contingency of 15% per agreement.
April 2018 -Awarded a Chemical Supplier Agreement to Hill Brothers Chemical Company,for the
ROCCS Program,Specification No.C-2017-899BD,for the following chemical supply and dosing
services for the period July 1,2018 through June 30,2019,with four (4)one-year renewal options,
for the Supply and delivery of Ferrous Chloride at the unit price of $508.82/dry ton delivered (plus
applicable sales tax);with Application Services at a unit price of $25/per site per day and Field
Services at a unit price of $25/per site per day for an estimated total annual amount of $2,001,263;
and approved annual unit price and program price contingency of 15% per agreement.
ADDITIONAL INFORMATION
For Fiscal Year 2023-24, staff intends to advertise for competitive bids to provide these services.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This budgeted item
is in the Fiscal Year 2017-18 Budget, Division 820 (Line item: Supplies Section 06,Page 76).
Date of Approval Contract Amount Contingency
05/26/2021 $1,071,339 (30%) $321,401.70
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Amendment No. 2 - Hill Brothers Chemical Company
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Amendment No. 2 Specification No. C-2017-899BD 032018
AMENDMENT NO. 2
Regional Odor and Corrosion Control System (ROCCS) Program Specification No. C-2017-899BD THIS AMENDMENT TO THE CONTRACT is made and entered into to be effective as of the date fully executed below, by and between the Orange County Sanitation District (hereinafter referred to as “OC San”) and Hill Brothers Chemical Company, Inc. (hereinafter referred to as "Supplier") collectively referred to as the “Parties”.
WHEREAS, OC San and Supplier have previously executed a Contract dated May 29, 2018, to provide Ferrous Chloride and Magnesium Hydroxide “Services”; and
WHEREAS, the Parties wish to amend the Contract to make certain modifications which shall be called Amendment No. 2 (“Amendment”); and WHEREAS, the Parties desire that the Contract as modified by Amendment No. 1 and this Amendment shall constitute the sole and entire Contract between the Parties. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the Parties in carrying out the terms of this Amendment No. 2, it is mutually agreed as follows: 1. EXHIBIT B BID SUBMTTAL – Revised to include the following agreed upon additional rates for the delivery of Ferrous Chloride:
• Delivery Surcharge of $400 for small truck deliveries under 2,500 gallons
• Application Service Fee of $80/per site per day and Field Service Fee of $80/per site per day for low dosage sites 2. This modifying Amendment is supplemental to the Contract dated May 29, 2018 and Amendment No. 1 dated March 30, 2020 and is by reference made a part of said Contract. All the terms, conditions, and provisions thereof, unless specifically modified herein, shall continue in full force and effect. 3. In the event of any conflict or inconsistency between the provisions of this Amendment and any of the provisions of the original Contract or Amendment No. 1, the provisions of this Amendment No. 2 shall in all respects govern and control. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Amendment No. 2 to be signed by the duly authorized representatives as of the day and year last signed below. ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: ___________________________________ David John Shawver Chair, Board of Directors Dated: _________________ By: ___________________________________ Kelly A. Lore Clerk of the Board Dated: _________________ By: ___________________________________
Ruth Zintzun Purchasing & Contracts Manager
Amendment No. 2 Specification No. C-2017-899BD 032018
HILL BROTHERS CHEMICAL COMPANY
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1569 Agenda Date:5/5/2021 Agenda Item No:4.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
LIQUID FERRIC CHLORIDE SPECIFICATION NO. C-2019-1037BD CONTINGENCY INCREASE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a unit price contingency of $78.70 per dry ton (13.18%) which is a $19 per dry ton (3.18%)
contingency increase to the liquid Ferric Chloride Agreement with Pencco, Inc., Specification No. C-
2019-1037BD, for the period beginning July 1, 2021 through June 30, 2022. New dry ton unit cost
not to exceed $675.70 per dry ton. New contract estimated total is $2,027,100 plus applicable sales
tax.
BACKGROUND
Ferric Chloride is used at both treatment plants. The main use is in the primary treatment process to
enhance coagulation. Ferric Chloride also reduces odors and corrosion by controlling hydrogen
sulfide formation and is added to the digesters as needed for hydrogen sulfide control.
In May 2019, the Orange County Sanitation District (OC San) Board of Directors awarded an
Agreement to Pencco, Inc. for liquid Ferric Chloride, Specification No. C-2019-1037BD, for a unit
price of $597 per dry ton delivered, for an estimated annual amount of $1,791,000 (plus applicable
sales tax) with four, one-year renewal options. The Board of Directors also approved a unit price
contingency of 10%.
In March 2020, staff negotiated a price increase of 9.8% which is within the 10% unit price
contingency for the contract period July 1, 2020 to June 30, 2021.
When staff initiated the agreement renewal process for July 1, 2021 through June 30, 2022, Pencco
notified staff that there will be an increase in the unit price for Ferric Chloride. The unit price increase
is related to an increase in iron commodity pricing.
RELEVANT STANDARDS
·24/7/365 treatment plant reliability
·Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
·Meet volume and water quality needs for the GWRS
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File #:2021-1569 Agenda Date:5/5/2021 Agenda Item No:4.
PROBLEM
The negotiated chemical unit cost for July 1,2021 to June 30,2022 has increased beyond the
approved contingency amount.
PROPOSED SOLUTION
Staff recommends approval of a unit price increase of an additional 3%contingency or $19/dry ton.
This equates to an increase of 13.18%for the second renewal period from the original cost of
$597/dry ton.Maintaining Pencco as a supplier is consistent with OC San’s strategy to maintain
supplier diversity.Kemira Water Solutions,Inc.has agreed to a unit cost of $693 per dry ton from
July 1,2021 to June 30,2022 which is within the original contingency approval for that purchase
order.Staff intends to rebid both Ferric Chloride supply Purchase Orders next year if there are price
increases from the vendors.
TIMING CONCERNS
The current contract expires June 30, 2021.
RAMIFICATIONS OF NOT TAKING ACTION
Without action,Ferric Chloride will be supplied by only one firm with limited contracted volume.If a
single vendor cannot supply enough Ferric Chloride for OC San’s process needs,problems with
primary treatment settleability and odor complaints in the treatment plant are possible.
PRIOR COMMITTEE/BOARD ACTIONS
May 2019 -Awarded a Purchase Order Agreement with Pencco,Inc.for the purchase of liquid ferric
chloride,Specification No.C-2019-1037BD,for the period beginning July 1,2019 through June 30,
2020,for a unit price of $597 per dry ton delivered,for an estimated annual amount of $1,791,000
(plus applicable sales tax)with four (4)one-year renewal options;and approved a unit price
contingency of 10% per agreement.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted in the FY 2020-21 and FY 2021-22 Budget,Divisions 830 and 840 (Line item:Supplies,
Section 6, Pages 84 & 88).
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
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1582 Agenda Date:5/5/2021 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period ending March
31, 2021.
BACKGROUND
The Engineering Program involves awarding and managing many construction and consulting
contracts. In 2008, the Orange County Sanitation District Board of Directors began awarding
contingencies along with construction and consulting contracts and amendments for consulting
contracts up to the amount of the approved contingency. This practice reduces administrative costs,
expedites resolution of project issues that arise, helps avoid contractor delay claims, and facilitates
efficient management of many contracts.
The Engineering Program Contract Performance Report summarizes construction and consulting
contract performance and activities for the quarter ending March 31, 2021. This report is updated
quarterly.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Engineering Program Contract Performance Report for the period ending March 31, 2021
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~SAN
ORANGE COUNTY SANITATION DISTRICT
DATE: April 19, 2021
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2021
TO: Orange County Sanitation District
Board of Directors
FROM : James D. Herberg, General Manager
Through: Kathy Millea, Director of Engineering
This report summarizes the status, activities, and performance of public works
construction contracts and consultant agreements. This report also identifies the names
and status of projects being performed under master budgets for planning studies,
research , small construction projects, O&M capital projects, and information technology
projects.
Table of Contents
Part 1 -Construction Contracts page 2
Active Construction Contracts
Construction Contracts Closed in Last Quarter
Cumulative Change Order Rates -Closed Construction Contracts
Part 2 -Engineering Services Agreements page 9
Active Engineering Services Agreements
Active Task Orders by Master Agreement
Part 3 -Master Budget Projects page 13
Planning Studies Status Report
Research Program Status Report
Small Construction Projects Program Status Report
Information Technology Capital Program Status Report
Operations and Maintenance Capital Program Status Report
Part 4 -Supplemental Engineering Services Contract page 19
Supplemental Engineering Services Contract Status
Supplemental Engineering Services Contract Labor Summary
Page 2
~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2021
PART 1 -CONSTRUCTION CONTRACTS
Table 1 lists the Board-awarded construction contracts active as of March 31, 2020.
Table 2 lists active construction projects awarded by the General Manager, either
because the contract value is within his signature authority, or because the work is being
done under a task order with a $300,000 limit. The graph below shows the number and
total value of projects broken down plant and collections.
Plant Projects
23 Contracts
$360 million
Active Construction Contracts
24 unique contractors
Collections Projects
5 Contracts
$87 million
Six Board-awarded construction contracts were closed in this quarter, as listed in Table 3.
Two construction contracts awarded by the General Manager were closed in this quarter,
as listed in Table 4.
Page 3
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 1 -Active Board-Awarded Construction Contracts as of 3/31/2021
Award Board Award
Project/ Contract Contractor Date %Complete Amount Change Orders
2-72 Newhope-Placentia Trunk Replacement
2-72B Newhope-Placentia Trunk Replacement, Segment B OHL USA, INC. 06/15/2018 93% $58,242,000 $2,941,348
3-62 Westminster Blvd Force Main Replacement
3-62 Westminster Blvd Force Main Replacement Teichert Energy & Utilities Group, 12/18/2019 57% $27,743,000 $188,603
Inc.
J-117 Ocean Outfall System Rehabilitation
J-117B Outfall Low Flow Pump Station Shimmick Construction Co., Inc. 12/19/2018 33% $90,200,000 $504,722
J-126 Safety Improvements Program
J-126C NFPA 820 HVAC and Electrical Improvements MMC, Inc. 03/05/2019 92% $469,000 $0
J-126JK Stairs, Hatches, Walkway Hazards, Ladders, Guardrails, Olsson Construction, Inc. 10/24/2018 100% $3,637,601 $264,529
Roof Fall Protection
J-127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2
J-127 Natural Gas Pipelines Replacement at Plant Nos. 1 and Innovative Construction Solutions 07/22/2020 7% $745,500 $0
2
Pl-105 Headworks Rehabilitation at Plant 1
Pl-105 Headworks Rehabilitation at Plant 1 Kiewit Infrastructure West Co. 02/24/2021 0% $222,330,000 $0
Pl-128 Headquarters Complex
Pl-128C Headquarters Complex Site Preparation Resource Environmental, Inc. 07/01/2020 96% $1,555,000 $0
Pl-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1
Pl-129 Return Activated Sludge Piping Replacement at Abhe & Svoboda, Inc. 07/24/2019 100% $6,863,092 $68,360
Activated Sludge Plant No. 1
Pl-135 Digester Ferric Chloride Piping Replacement at Plant No. 1
Pl-135 Digester Ferric Chloride Piping Replacement at Plant PPM Contracting (PPM) 02/02/2021 0% $515,000 $0
No.1
P2-98 Primary Treatment Rehabilitation at Plant No. 2
P2-98B B/C-Side Primary Clarifiers Interim Repair at Plant 2 Myers & Sons Construction, LLC 01/23/2019 82% $8,665,000 $428,356
P2-122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
P2-122 Headworks Modifications at Plant No. 2 for GWRS Final Shimmick Construction Co., Inc. 01/22/2020 31% $14,487,735 $37,844
Expansion
P2-123 Return Activated Sludge Piping Replacement at Plant 2
P2-123 Return Activated Sludge Piping Replacement at Plant 2 Shimmick Construction Co., Inc. 09/25/2019 44% $6,042,110 $62,446
M-FE Small Construction Projects Program
FE18-11 Headworks Explosive Gas Monitoring Systems at Plant Baker Electric 01/22/2020 0% $223,984 $0
No. 1 and No. 2
FE18-14 Plant Water Pipeline Replacement in Kinnison, MMC, Inc. 12/16/2020 0% $1,134,000 $0
Lindstrom, and Scott Tunnels at Plant No. 2
FE18-19 12KV Distribution B and East RAS Pump Station Roofing O'Connell Engineering & 5/27/20 47% $674,800 $0
Replacement Construction, Inc.
M-SM-CAP Operations & Maintenance Capital Program
SC17-03 CenGen Oil Filter Platform Metro Builders & Engineers Group, 12/4/19 100% $134,479 $10,968
Ltd.
SC18-05 Pl Laboratory HVAC Boiler Burner Replacement At ODC Engineering & Technology 11/20/19 100% $283,000 $4,932
Plant No.1
SC19-03 Return Activated Sludge Pump Station Elevator OTIS 12/16/20 0% $432,400 $0
Rehabilitation at Plant No. 2
Current
Contract Original Current Contingency Contingency
Amount Contingency Contingency Used Remaining
$61,183,348 6.5% 6.5% 5.1% 1.4%
$27,931,603 10.0% 10.0% 0.7% 9.3%
$90,704,722 8.0% 8.0% 0.6% 7.4%
$469,000 10.0% 10.0% 0.0% 10.0%
$3,902,130 10.0% 10.0% 7.3% 2.7%
$745,500 10.0% 10.0% 0.0% 10.0%
$222,330,000 4.0% 4.0% 0.0% 4.0%
$1,555,000 10.0% 10.0% 0.0% 10.0%
$6,931,452 10.0% 10.0% 1.0% 9.0%
$515,000 10.0% 10.0% 0.0% 10.0%
$9,093,356 10.0% 10.0% 4.9% 5.1%
$14,525,579 10.0% 10.0% 0.3% 9.7%
$6,104,556 10.0% 10.0% 1.0% 9.0%
$223,984 10.0% 10.0% 0.0% 10.0%
$1,134,000 15.0% 15.0% 0.0% 15.0%
$674,800 10.0% 10.0% 0.0% 10.0%
$145,447 10.0% 10.0% 8.2% 1.8%
$287,932 10.0% 10.0% 1.7% 8.3%
$432,400 20.0% 20.0% 0.0% 20.0%
Page 4
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 1 -Active Board-Awarded Construction Contracts as of 3/31/2021
Award Board Award
Project/ Contract Contractor Date %Complete Amount Change Orders
Operationally-Funded Projects
FRC-0004 Seal Beach Pump Station Isolation Valve Replacement J.R. Filanc Construction Company, 12/16/20 0% $466,830 $0
Inc.
MP-105 P2 CENGEN Steam Turbine Rehabilitation Dresser-Rand 3/25/18 64% **$484,220 $0
MP-305 Cengen Supply Air Fan Support Replacement at Plant J.R. Filanc Construction Company, 12/16/20 0% $297,000 $0
No.2 Inc.
MP-638 Activated Sludge Plant Clarifier Inlet Gate Replacement Innovative Construction Solutions 12/18/19 60% $658,300 $0
at Plant No. 2
Total $446,284,051 $4,512,108
•• Original Award was $245,424, and later amended to $484,220 with a contingency reduction by Board Action on 4/22/20
Current
Contract Original Current Contingency Contingency
Amount Contingency Contingency Used Remaining
$466,830 20.0% 20.0% 0.0% 20.0%
$484,220 20.0% 20.0% 0.0% 20.0%
$297,000 15.0% 15.0% 0.0% 15.0%
$658,300 10.0% 10.0% 0.0% 10.0%
$450,796,159
Page 5
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 2 -Active GM-Awarded Construction Contracts and Task Orders as of 3/31/2021
Award Original Award
Project / Contract Contractor Date %Complete Amount
M-FE Small Construction Projects Program
FE19-09 Newhope -Placentia Trunk Grade Separation Charles King Company, Inc. 9/21/20 100% $298,8S0
Replacement Repairs
Operationally Funded Projects
FRl-0010 Laboratory Building Roof Repair at Plant No 1 J.R. Filanc Construction Company, 1/19/21 0% $88,283
Inc.
FR2-0019 Digester O Repairs at Plant No. 2 Jamison Engineering 8/28/20 60% $131,000
FR2-0021 Boilers Retubing at Plant 2 RF MacDonald 2/8/21 0% $51,250
FRC-0008 East Lido Forcemain Repair W.A. Rasic Construction Company 4/6/21 0% $129,721
Total $699,104
Current
Contract Change Order
Change Orders Amount Rate
$0 $298,850 0.0%
$0 $88,283 0.0%
$0 $131,000 0.0%
$0 $51,250 0.0%
$0 $129,721 0.0%
$0 $699,104
Page 6
Project / Contract
P2-92 Sludge Dewaterlng and Odor Control at Plant 2
P2-92 Sludge Dewatering and Odor Control at Plant
2
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 3 -Board-Awarded Construction Contracts Closed in Last Quarter
Date Board Award
Contractor Closed Award Date Amount Change Orders
Shimmick Construction Co., 1/19/21 01/12/2015 $49,850,000 $2,991,000
Inc.
Pl-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1
Pl-129 Return Activated Sludge Piping Replacement Abhe & Svoboda, Inc. 1/5/21 07/24/2019 $6,863,092 $68,360
at Activated Sludge Plant No. 1
M-FE Small Construction Projects Program
FE18-17 Trunkline Sampler Power Feed at Plant No 2 M. Brey Electric, Inc. 12/4/20 3/25/20 $101,050 $0
M-SM-CAP Operations & Maintenance Capital Program
SC17-03 CenGen Oil Filter Platform Metro Builders & Engineers 3/9/21 12/04/2019 $134,479 $10,960
Group, Ltd.
SC18-05 Pl Laboratory HVAC Boiler Burner ODC Engineering & 2/2/21 11/20/2019 $283,000 $9,767
Replacement At Plant No.1 Technology
Operationally-Funded Projects
FE17-06 Tustin Ave Manhole and Pipe Repair Nuline Technologies, LLC 2/16/21 10/24/2019 $350,000 $90,684
Total $57,581,621 $3,170,771
Final Contract Original Current Contingency Unused
Amount Contingency Contingency Used Contingency
$52,841,000 5.0% 6.0% 6.0% 0.0%
$6,931,452 10.0% 10.0% 1.0% 9.0%
$101,050 20.0% 20.0% 0.0% 20.0%
$145,439 10.0% 10.0% 8.1% 1.9%
$292,767 10.0% 10.0% 3.5% 6.5%
$440,684 10.0% 30.0% 25.9% 4.1%
$60,752,392
Page 7
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 4 -GM-Awarded Construction Contracts and Task Order Closed in Last Quarter
Date Original Award
Project / Contract Contractor Closed Award Date Amount Change Orders
Operationally-Funded Projects
FRC-0005 East Coast Highway Trunk Repair Charles King 3/2/21 08/17/2020 $197,840 $28,780
FRC-0006 480V Feeder Replacement at the Rocky Point Charles King Company, Inc. 1/19/21 06/24/2020 $90,700 $15,751
Pump Station
Total $288,540 $44,531
Final Contract Final Change
Amount Order Rate
$226,620 14.5%
$106,451 17.4%
$333,071 15%
Page 8
~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2021
When the Orange County Sanitation District (OC San) Board awards a construction
contract, they also approve a contingency which allows the General Manager to approve
contract change orders up to the amount of the contingency. One purpose of this report
is to document how much of the contingency is utilized. A contract's change order rate is
only meaningful when the work is completed. As such, the change order performance
charts in this report are based only on contracts closed since the Board began approving
contingencies in 2008. The following chart shows how cumulative change order rates
have changed for plant, collections, and all contracts since the contingency system was
implemented.
12.00%
11.00%
10.00%
9.00%
8.00%
7.00%
6.00%
5.00%
4.0()%
3.00%
2.00%
Cumulative Change Order Rates
Closed Construction Contracts
All
-collections
-Plant
Page 9
~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2021
PART 2 -ENGINEERING SERVICES AGREEMENTS
OC San engages engineering consultants through Professional Service Agreements
(PSAs), Professional Design Services Agreements (PDSAs), Professional Construction
Services Agreements (PCSAs), and Master Professional Services Agreements (Master
Agreements). PDSAs are used to obtain design engineering services, and PCSAs are a
subsequent agreement with the design consultant to provide support services during
construction. PSAs are used for planning studies and other consultant assignments.
There are currently 19 firms with active engineering services agreements.
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects.
On those smaller projects, OC San solicits task order proposals from three or four of the
firms and awards a task order to the most qualified consultant. There are currently six
sets of Master Agreements.
• 2012 Master Design Agreements (expired)
• 2015 Master Design Agreements (expired)
• 2017 Master Agreements for Wastewater Treatment Planning Studies
• 2018 Master Design Agreements
• 2020 Master Agreements for On-Call Planning Studies
The two Master Design Agreements from 2012 and 2015 and the 2017 Master
Agreements for Wastewater Planning Studies have expired, meaning no new task orders
can be issued under them, but previously-issued task orders remain active until
completed. Task Orders are limited by OC San Ordinance No. OCSD-52 to $300,000
per task order. The 2020 Master Agreements for Planning Studies were awarded in
September to replace the 2017 Master Agreements for Collection and Wastewater
Planning Studies that expired in October 2020.
A status table for all Active Engineering Services Agreements (PDSAs and PCSAs) is
attached under Table 5, and a status table for all Active Task Orders by Master
Agreement is attached under Table 6 (Master Agreements).
Page 10
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 5 -Active Engineering Services Agreements as of 3/31/2021
Award Board Award
Proiect / Contract TvPe Consultant Date % Complete Amount Amendments
2-49 Taft Branch Improvements
2-49 Taft Branch Improvements PDSA Woodard & Curran, Inc. 2/24/21 0% $2,200,000 $0
2-72 Newhope-Placentla Trunk Replacement
2-72 Newhope-Placentia Trunk Replacement PCSA Lee& Ro 3/23/16 22% $3,253,946 $0
3-62 Westminster Blvd Force Main Replacement
3-62 Westminster Blvd Force Main Replacement PCSA Stantec Consulting Services, Inc. 12/18/19 11% $1,183,000 $0
3-64 Rehabllltatlon of Western Regional Sewers
3-64 Rehabilitation of Western Regional Sewers PDSA AECOM Technical Services, Inc. 1/27/16 63% $17,639,250 $1,088,654
3-67 Seal Beach Pump Station Replacement
3-67 Seal Beach Pump Station Replacement PDSA Lee & Ro 11/20/19 26% $5,947,850 $0
5-67 Bay Bridge Pump Station Replacement
5-67 Bay Bridge Pump Station Replacement PDSA Arcadis US Inc. 10/25/17 10% $7,137,000 $1,750,315
5-68 Newport Beach Pump Station Pressurization Improvements
5-68 Newport Beach Pump Station Pressurization PDSA Dudek 5/6/20 26% $542,988 $0
Improvements
7-65 Gisler-Red Hill Interceptor Rehabilitation
7-6S Gisler -Red Hill Interceptor Rehabilitation PDSA CDM Smith Inc. 9/23/20 13% $1,754,000 $0
7-66 Sunflower and Red Hill Interceptor Repairs
7-66 Sunflower and Red Hill Interceptor Repairs PDSA GHD 9/2S/19 73% $308,712 $14,548
J-117 Ocean Outfall System Rehabilitation
J-117B Outfall Low Flow Pump Station PCSA Brown and Caldwell 12/19/18 32% $8,563,913 $346,857
J-124 Die:ester Gas Facilities Reolacement
J-124 Digester Gas Facilities Replacement PDSA Brown and Caldwell 11/15/17 74% $11,770,000 -$36,411
J-126 Safety Improvements Program
J-126 Safety Improvements Program PDSA Arcadis 8/29/16 89% **$3,040,000 $0
J-98 Electrical Power Distribution Svstem Improvements
J-98 Electrical Power Distribution System Improvements PDSA Brown and Caldwell 1/29/20 22% $2,240,000 $0
J-98 Electrical Power Distribution System Improvements PSA SEL Engineering Services, Inc. 2/26/20 8% $1,296,878 $0
M-RESEARCH -Research Program
RE17-02 Biagas Scrubber Evaluation PSA Carollo Engineers, Inc. 4/21/17 88% $656,783 $63,097
M-STUDIES Planning Studies Program
PS15-02 Edinger Pump Station Rehabilitation Study PSA Lockwood, Andrews & Newman, Inc. 11/9/17 78% $505,042 $0
PS17-03 Active Fault Location Study at Plant No. 2 PSA Lettis Consultants International, Inc. 3/6/19 41% $868,286 $0
PS17-08 CEQA -Facilities Master Plan PSA Dudek 2/27/19 80% $812,709 $0
PS18-09 Ocean Outfall Condition Assessment and Scoping PSA Carollo Engineers, Inc. 3/25/20 S1% $2,744,000 $0
Study
Pl-101 Sludge Dewaterlng and Odor Control at Plant 1
Pl-101 Sludge Dewatering and Odor Control at Plant 1 PCSA HOR Engineering, Inc. 6/28/12 99% $7,140,000 $2,453,653
Pl-105 Headworks Rehabllltatlon at Plant 1
Pl-105 Headworks Rehabilitation at Plant 1 PDSA Carollo Engineers, Inc. 5/27/15 95% $17,528,957 $7,902,304
Pl-105 Headworks Rehabilitation at Plant 1 PCSA Carollo Engineers, Inc. 3/24/21 0% $16,S00,000 $0
Pl-128 Headquarters Complex
Pl-128 Headquarters Complex PDSA HOR Engineering, Inc. 6/22/16 8% $11,785,709 $1,114,053
P1-128C Headquarters Complex Site Preparation PCSA HOR Engineering, Inc. 7/1/20 15% $178,000 $0
Pl-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1
Pl-129 Return Activated Sludge Piping Replacement at PCSA AECOM Technical Services, Inc. 7/24/19 86% $140,000 $0
Activated Sludge Plant No. 1
Pl-132 Uninterruptable Power Sunnlv Improvements at Plant 1
Pl-132 Uninterruptable Power Supply Improvements at PDSA Tetra Tech, Inc. 10/23/19 44% $784,680 $0
Plant 1
Pl-133 Primary Sedimentation Basins No. 6-31 Rellablllty Improvements at Plant No. 1
Pl-133 Primary Sedimentation Basins No. 6-31 Reliability PDSA Carollo Engineers, Inc. 9/25/19 78% $1,219,667 $0
Improvements at Plant No. 1
Current Contract Original Current Contingency Contingency
Amount Continaencv Continaencv Used Remainina
$2,200,000 10.0% 10.0% 0.0% 10.0%
$3,253,946 10.0% 10.0% 0.0% 10.0%
$1,183,000 10.0% 10.0% 0.0% 10.0%
$18,727,904 10.0% 10.0% 6.2% 3.8%
$5,947,850 10.0% 10.0% 0.0% 10.0%
$8,887,315 10.0% 35.0% 24.5% 10.5%
$542,988 10.0% 10.0% 0.0% 10.0%
$1,754,000 10.0% 10.0% 0.0% 10.0%
$323,260 10.0% 10.0% 4.7% 5.3%
$8,910,770 10.0% 10.0% 4.1% 5.9%
$11,733,589 10.0% 10.0% 0.0% 10.0%
$3,040,000 10.0% 10.0% 0.0% 10.0%
$2,240,000 10.0% 10.0% 0.0% 10.0%
$1,296,878 10.0% 10.0% 0.0% 10.0%
$719,880 15.0% 15.0% 9.6% 5.4%
$505,042 10.0% 10.0% 0.0% 10.0%
$868,286 10.0% 10.0% 0.0% 10.0%
$812,709 10.0% 10.0% 0.0% 10.0%
$2,744,000 10.0% 10.0% 0.0% 10.0%
$9,593,653 8.0% 35.0% 34.4% 0.6%
$25,431,261 10.0% 51.0% 45.1% 5.9%
$16,500,000 10.0% 10.0% 0.0% 10.0%
$12,899,762 10.0% 10.0% 9.5% 0.5%
$178,000 10.0% 10.0% 0.0% 10.0%
$140,000 10.0% 10.0% 0.0% 10.0%
$784,680 10.0% 10.0% 0.0% 10.0%
$1,219,667 10.0% 10.0% 0.0% 10.0%
Page 11
Proiect / Contract Tvoe
P2-92 Sludge Dewaterlng and Odor Control at Plant 2
P2-92 Sludge Dewatering and Odor Control at Plant 2 PCSA
P2-98 Primary Treatment Rehabllltatlon at Plant No. 2
P2-98 Primary Treatment Rehabilitation at Plant No. 2 PDSA
P2-98B B/C-Side Primary Clarifiers Interim Repair at Plant 2 PCSA
Pl-122 Headworks Modifications at Plant No. 2 for GWRS Final Exoansion
P2-122 Headworks Modifications at Plant No. 2 for GWRS PCSA
Final Expansion
Pl-123 Return Activated Sludge Piping Replacement at Plant 2
P2-123 Return Activated Sludge Piping Replacement at Plant PCSA
2
Pl-124 Interim Food Waste Receivine: Facilitv
P2-124 Interim Food Waste Receiving Facility PDSA
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 5 -Active Engineering Services Agreements as of 3/31/2021
Award Board Award
Consultant Date % Comolete Amount Amendments
Brown and Caldwell 12/17/14 88% $4,798,328 $0
Black & Veatch 7/27/16 47% $18,141,423 $1,514,540
Black & Veatch 1/23/19 42% $549,534 $0
CDM Smith Inc. 1/15/20 23% $2,200,000 $0
SPEC Services, Inc. 9/25/19 62% $252,329 $0
Kennedy/Jenks Consultants 9/5/18 100% $695,000 $31,168
Pl-126 Warehouse, Electrical Substation and 12kV Service Center Reolacement at Plant No. 2
P2-126 Warehouse, Electrical Substation and 12kV Service PDSA Stantec Consulting Services, Inc. 11/18/20 0% $4,876,455 $0
Center Replacement at Plant No. 2
Pl-128 TPAD Digester Faclllty at Plant 2
P2-128 TPAD Digester Facility at Plant 2 PDSA Brown and Caldwell 6/23/20 4% $39,300,000 $0
SP-196 Process Control Systems Upgrades Study
SP-196 Process Control Systems Upgrades Study PSA Stantec Consulting Services, Inc. 3/1/18 76% $1,389,866 $108,966
Operationally Funded Projects
FRl-0007 Control Center Offices and Day Training Room PSA AECOM Technical Services, Inc. 1/15/20 8% $81,351 $0
Remodeling at Plant No. 1 (GM Awarded)
Total $200,025,656 $16,351,744
•• Original Award was $1,540,000, and later amended to $3,040,000 by Board Action
Current Contract Original Current Contingency Contingency
Amount Continaencv Continaencv Used Remainina
$4,798,328 10.0% 10.0% 0.0% 10.0%
$19,655,963 10.0% 10.0% 8.3% 1.7%
$549,534 10.0% 10.0% 0.0% 10.0%
$2,200,000 10.0% 10.0% 0.0% 10.0%
$252,329 10.0% 10.0% 0.0% 10.0%
$726,168 10.0% 10.0% 4.5% 5.5%
$4,876,455 10.0% 10.0% 0.0% 10.0%
$39,300,000 10.0% 10.0% 0.0% 10.0%
$1,498,832 10.0% 10.0% 7.8% 2.2%
$81,351 0.0% 0.0% 0.0% 0.0%
$216,377,400
Page 12
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 6 -Active Task Orders by Master Agreement as of 3/31/2021
Master Agreement/ Project Consultant Award Date
2012 Master Professional Design Senrice Agreements (Expired)
FEl0-21 Area 02 Craig Regional Park Manhole Improvements GHD 10/8/2012
2015 Master Professional Design Senrice Agreements (Expired)
FE14-05 Plant No. 1 Fleet Services UST Leak Remediation Dudek 9/1/2015
2017 Master Agreements for Wastewater Treatment Planning Studies
P518-11 ITAP Model Updates for Plant Nos 1 and 2 Brown and Caldwell 3/17/2020
P519-03 Laboratory Rehabilitation Feasibility Study HDR Engineering, Inc. 10/20/2020
2018 Master Professional Design Senrice Agreements
FR2-0013 Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No. 2 AECOM 11/6/2019
FE19-02 Cengen Plant Water Pipe Replacement at Plant No. 1 AECOM 04/30/2020
FE19-11 Primary Clarifiers Nos. 6-31 Lighting and Alarm Improvements at Plant No. 1 AECOM 9/15/2020
FE19-13 VFD Replacements at Seal Beach Pump Station AECOM 3/12/2021
FE20-01 Wastehauler Station Safety and Security Improvements AECOM 3/12/2021
J-127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2 Black & Veatch 1/21/2019
FE19-03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Black & Veatch 9/1/2020
FE18-14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant
No.2 Dudek 11/6/2019
Pl-135 Digester Ferric Chloride Piping Replacement at Plant No. 1 Dudek 2/19/2020
FE18-16 Truck Loading Basement Drain Modifications at Plant No. 1 GHD, Inc. 12/4/2019
FE18-13 Redhill Relief Sewer Relocation at State Route 55 GHD, Inc. 3/27/2020
FE19-10 Digesters C, D, F, G, and I Gas Balance Lines Replacement at Plant No. 2 GHD, Inc. 1/19/2021
FE18-19 12KV Distribution Center Band East RAS Pump Station Roof Replacement HDR Engineering, Inc. 09/16/2019
FE18-20 Blower Building No. 1 Air Compressors at Plant No. 1 HDR Engineering, Inc. 8/18/2020
FE20-02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 HDR Engineering, Inc. 3/2/2021
FE18-15 Plant Boiler System Relief at Plant No. 2 IDS Group, Inc. 10/22/2019
FE18-06 CenGen Instrument Air Compressors Replacement at Plant No. 1 and No. 2 IDS Group, Inc. 04/28/2020
FE19-06 EPSA Motor Cooling Improvements at Plant No. 2 IDS Group, Inc. 05/05/2020
2020 Master Agreements for On-call Planning Studies
No Task Orders Issued to Date --
Total
Original Task Amendments Current Task
Order Value Order Value
$58,440 $41,560 $100,000
$86,116 $73,137 $159,253
$227,412 $0 $227,412
$274,888 $0 $274,888
$75,120 $0 $75,120
$156,498 $0 $156,498
$226,685 $0 $226,685
$78,033 $0 $78,033
$161,012 $0 $161,012
$271,964 $28,036 $300,000
$244,728 $0 $244,728
$108,308 $0 $108,308
$127,174 $0 $127,174
$70,130 $18,365 $88,495
$168,612 $54,883 $223,495
$25,000 $0 $25,000
$74,771 $8,672 $83,443
$243,954 $0 $243,954
$188,212 $0 $188,212
$23,299 $0 $23,299
$89,876 $0 $89,876
$88,206 $0 $88,206
----
$3,068,438 $224,653 $3,293,091
Page 13
~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2021
PART 3 -MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2018-19 and 2019-20 includes master
program budgets that allow staff to more quickly initiate, execute, and manage smaller
projects that fit within the scope of a particular program. The projects chartered under
these program budgets are referred to as sub-projects and are managed to the same
standards as projects specifically listed in the adopted budget. A status table for each of
these programs listing the sub-projects is attached.
Master Program Title Status Table
Planning Studies Program Table 7
Research Program Table 8
Small Construction Projects Program Table 9
Information Technology Capital Program Table 10
Operations & Maintenance Capital Program Table 11
Page 14
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 7 -Planning Studies Status Report
Project Number Project Name
PSlS-02 Edinger Pump Station Rehabilitation Study
PSlG-02 SCE Feed Reliability Improvements Study
PS17-03 Active Fault Location Study at Plant No. 2
PS17-08 CEQA-Facilities Master Plan
PS18-06 Go/No-Go Lights and Signage
PS18-09 Ocean Outfall Condition Assessment and Scoping Study
PS18-11 ETAP Model Updates for Plant Nos 1 and 2
PS19-03 Laboratory Rehabilitation Feasibility Study
PS20-0l O&M Complex and Collections Yard Relocation at Plant No. 2
PS20-02 Collection System Flow Level Monitoring Study
PS20-03 Truck Loading Bay Odor Control Improvements Study at Plant No. 2
PS20-04 Power Generation Overhaul Feasibility Study
Grand Total
Number of Chartered Projects
Board Approved Program Budget
Remaining Unallocated Budget
Status Allocated Budget
Active $ 971,000
Active $ 293,000
Active $ 1,300,000
Active $ 1,247,000
Active $ 495,000
Active $ 3,340,000
Active $ 428,000
Active $ 450,000
Active $ 375,000
Active $ 575,000
Active $ 200,000
Active $ 200,000
$ 9,874,000
12
$ 28,652,000
$ 18,778,000
Page 15
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 8 -Research Program Status Report
Project Number Project Name
RE17-02 Biogas Scrubber Evaluation
RE19-0l Primary Scum Equipment Evaluation at Plant No. 1
RE20-0l Co-Thickened Sludge Density Meter Trial atl Plant No. l
RE20-04 Holding Digester 6 Solids Shredder Study at Plant No. l
Grand Total
Number of Chartered Projects
Board Approved Program Budget
Remaining Unallocated Budget
Status Allocated Budget
Active $ 865,000
Active $ 69,853
Active $ 121,000
Active $ 95,000
$ 1,150,853
4
$ 8,500,000
$ 7,349,147
Page 16
Project Number
FEl0-21
FE14-05
FElS-07
FE17-01
FE17-03
FE17-05
FE18-06
FE18-08
FE18-11
FE18-12
FE18-13
FE18-14
FE18-15
FE18-16
FE18-17
FE18-19
FE18-20
FE19-01
FE19-02
FE19-03
FE19-04
FE19-06
FE19-08
FE19-09
FE19-10
FE19-11
FE19-12
FE19-13
FE20-01
FE20-02
FE20-03
FE20-04
FE20-05
FE20-06
FE20-07
FE20-08
FE20-09
Grand Total
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 9 -Small Construction Projects Program Status Report
Project Name
Area 02 Craig Regional Park Manhole Improvements
Plant No. 1 Fleet Services UST Leak Remediation
Secondary Treatment and Plant Water VFD Replacement at Plant l
Carbon Canyon Pipeline Sag Repairs
Battery Storage System at Plant No. 1
Plant 1 ICS Network Extension
CenGen Instrument Air Compressors Replacement at Plant No. l
West Trunk Bypass Sewer Realignment
Headworks Explosive Gas Monitoring Systems at Plant No. 1 and No. 2
Erosion Control at Santa Ana River and Hamilton Ave
Redhill Relief Sewer Relocation at State Route 5~
Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No.;
Plant Boiler System Relief at Plant No. 2
Truck Loading Basement Drain Modifications at Plant No. l
Trunkline Sampler Power Feed at Plant No 2
12KV Distribution B and East RAS Pump Station Roofing Replacemen1
Blower Building No. 1 Air Compressors at Plant No. l
Pump Station Portable Generator Connectors
Cengen Plant Water Pipe Replacement at Plant No. l
Trickling Filter Sludge and Scum Pumps Replacement at Plant No. l
Sunflower Pump Replacement at Plant No. 1
EPSA Motor Cooling Improvements at Plant No. 2
Secondary Treatment VFD Replacements at Plant No. 2
Newhope -Placentia Trunk Grade Separation Replacement Repairi
Digesters C, D, F, G and I Gas Balance Lines Replacement at Plant No. 2
Primary Clarifiers Nos. 6-31 Lighting and Alarm Improvements at Plant No. l
Rebuild Shop Fume Extractor Installation at Plant No l
VFD Replacements at Seal Beach Pump Station
Wastehauler Station Safety and Security Improvements
Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2
Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. l
Cengen Cooling Water Pipe Replacement at Plant No. 2
Plant Water Piping Replacement at Secondary Clarifiers 1-26 at Plant No. l
Thickening and Dewatering Building Pipe Support Improvements at Plant No. l
Santa Ana Trunk Rehabilitation at Plant No. l
Olive Sub-Trunk Siphon Rehabilitation at Santa Ana River
CenGen Smoke Detection Improvements at Plant No. 1 and No. 2
Number of Chartered Projects
Board Approved Program Budget
Remaining Unallocated Budget
Status Allocated Budget
Active $ 1,359,000
Active $ 1,487,311
Active $ 3,319,600
Active $ 873,000
Active $ 630,000
Active $ 950,000
Active $ 1,450,000
Active $ 158,000
Active $ 470,000
Active $ 330,000
Active $ 2,840,000
Active $ 1,895,000
Active $ 465,000
Active $ 440,000
Active $ 248,000
Active $ 1,188,000
Active $ 1,200,000
Active $ 2,570,000
Active $ 2,250,000
Active $ 1,100,000
Active $ 6,300,000
Active $ 550,000
Active $ 3,337,000
Active $ 500,000
Active $ 300,000
Active $ 1,250,000
Active $ 325,000
Active $ 690,000
Active $ 830,000
Active $ 2,800,000
Active $ 4,250,000
Active $ 3,500,000
Active $ 1,545,000
Active $ 621,000
Active $ 1,240,000
Active $ 1,850,000
Active $ 600,000
$ 55,710,911
37
$ 65,000,000
$ 9,289,089
Page 17
Project Number
IT16-11
IT17-06
IT17-07
IT17-10
IT17-12
IT17-14
IT18-03
IT18-05
IT18-09
IT18-10
IT19-01
IT19-05
IT20-04
IT20-05
IT20-06
IT20-07
IT20-08
IT20-09
IT20-10
IT20-11
IT20-12
Grand Total
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 10 -Information Technology Capital Program Status Report
Project Name
Business Continuity Plan
Printer Obsolescence
Safety Management Suite
Electronic Operator Round Form
Sever/Network Power Improvements
Specialized Application Programing & Support
Timecard Systems Upgrade
Trusted System Document Management
Records Management Information System
Board Services Management System
IT Safety VPP Systems (IT19-01)
IT Pl & P2 Data Refresh (IT19-05)
Cyber Security Program (IT20-04) 6520004
Client Management Modernization (ICE-69_1T20-05) 6520005
Nintex Workflow Cloud Implementation (ICE-75_1T20-06) 6520006
Professional Services for Valo/SharePoint (ICE-74_1T20-07) 6520007
Field Computer for Nerissa and Interface with LIMS(ICE-68_1T20-07) 6520008
ITSM Migration (ICE-70_1T20-09) 6520009
Digitize Quality Assurance Tracking Processes /TNI/ELAP StandardslCE-76_1T20-10) 6520010
Sewer Agency Fee System 2 (SAFS 2) Upgrade (ICE-77 IT20-11) 6520011
Web-based Cloud Proxy Security with an Isolation Platform (ICE-78 6520012)
Number of Chartered Projects
Number of Chartered Projects
Board Approved Program Budget
Remaining Unallocated Budget
Status Allocated Budget
Closed $ 117,600
Closed $ 335,141
Closed $ 95,900
Active $ 45,000
Active $ 90,000
Closed $ 114,296
Closed $ 78,696
Closed $
Active $ 150,000
Closed $ 50,596
Active $ 210,000
Active $ 500,000
Active $ 150,000
Active $ 99,000
Active $ 350,000
Active $ 100,000
Active $ 121,000
Active $ 275,000
Active $ 145,700
Active $ 42,042
Active $ 50,000
$ 3,119,971
21
21
$ 10,000,000
$ 6,880,029
Page 18
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2021
Table 11 -Operations & Maintenance Capital Program Status Report
Project Number Project Name Status
MP-276-1 Central Generation Engine Overhauls at Plant No. 1 and Plant No. 2 Active
SC17-01 CENGEN #1 Elevator Rehab Active
SC17-03 CenGen Oil Filter Platform Active
SC18-01 Pl Primary Clarifier Fall Protection Improvements Active
SC18-05 Pl Laboratory HVAC Boiler Burner Replacement At Plant No.1 Active
SC18-08 MacArthur Pump Station -FM Valve Replacement Active
SC18-09 Admin Bldg UPS System Replacement Active
SC19-02 Truck Loading-Conveyors 3&6 (SC19-02) Active
SC19-03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No. ; Active
SC19-05 as the Lido PS UPS Replacement Active
SC19-06 EPSA Standby Power Generator Control Upgrades at Plant No. 2 Active
SC19-07 Sunflower Pump Station Gearbox Swing Unit Purchase Active
SC20-02 Ocean Outfall Booster Station Elevator Rehabilitatior Active
Grand Total
Number of Chartered Projects
Board Approved Program Budget
Remaining Unallocated Budget
Allocated Budget
$ 5,900,000
$ 110,020
$ 275,000
$ 50,000
$ 455,000
$ 71,068
$ 81,332
$ 205,300
$ 890,000
$ 55,000
$ 1,600,000
$ 199,000
$ 410,000
$ 10,301,720
13
$ 15,622,000
$ 5,320,280
Page 19
~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2021
PART 4 -SUPPLEMENTAL ENGINEERING SERVICES CONTRACT
In May 2016, QC San Board of Directors approved a $41 million professional services
agreement with Jacobs Project Management Co. to provide supplemental engineering
and support staff services for a four-year term with the option of three one-year renewals.
The benefits of using a supplemental engineering services contract, as opposed to hiring
full-time staff or limited-term employees, include rapid mobilization of highly
skilled/technical staff, flexibility to change the mix of staff positions on an immediate and
as-needed basis, the ability to reduce staff as workloads decrease, access to technical
experts to support special tasks, and access to staff with wastewater project experience.
A status table for the supplemental engineering services contract summary is attached
under Table 12, and the supplemental engineering services labor summary can be
found under Table 13.
Table 12 -Supplemental Engineering Services Contract Status
Total Fees Time
Contract $41,000,000 86 months (1)
Actuals to Date $23,637,085 58% 59 months 69%
Remaining $17,362,915 % 27 months 31%
(l) Assuming three 1-year extensions
Table 13 -Supplemental Engineering Services Labor Summary
This Quarter Inception to Date
Labor Hours 8,421 184,212
Full Time Equivalents 18.7 20.8
Labor Costs (no expenses) $1,091,382 $24,250,693
Average Hourly Rate $130 $132
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1140 Agenda Date:5/5/2021 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION,
CONTRACT NOS. 3-64A AND 3-64B
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with AECOM Technical Services,
Inc. to provide construction support services for Orange-Western Sub-Trunk and Los Alamitos
Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3-64B for a total amount not to exceed
$610,000; and
B. Approve a contingency of $61,000 (10%).
BACKGROUND
AECOM Technical Services, Inc. was selected as part of a competitive, qualifications-based
solicitation process to design the Rehabilitation of Western Regional Sewers, Project No. 3-64. At
the time of the solicitation, the Orange County Sanitation District (OC San) documented its intent to
award a subsequent agreement to the design consultant for continuation of engineering services
during construction.
This project will award a construction contract for the Orange-Western Sub-Trunk and Los Alamitos
Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3-64B. The work will rehabilitate over 8-miles
of 21-inch through 39-inch Vitrified Clay Pipe sewer and 115 manholes. This work will reduce the risk
of flow blockage, sewage spill, pipeline failure, inflow/infiltration, improve cleaning and maintenance,
and extend the useful life of the assets.
RELEVANT STANDARDS
·Comply with California Government Code Section 4526 to engage the best Qualified firm “on
the basis of demonstrated competence and qualifications” and “negotiate fair and reasonable
fees”
·Ensure the public’s money is wisely spent
Orange County Sanitation District Printed on 4/29/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2020-1140 Agenda Date:5/5/2021 Agenda Item No:6.
PROBLEM
This project requires the design consultant to provide as-needed services during construction
including submittal review,responding to the Contractor’s requests for information,reviewing
construction change orders,participating in meetings,attending site visits,and preparing record
drawings.
PROPOSED SOLUTION
Award a Professional Construction Support Services Agreement with the design consultant,AECOM
Technical Services, Inc., to provide engineering support services during construction.
TIMING CONCERNS
Engineering support services will be required at the start of construction.Construction is anticipated
to start in June 2021.
RAMIFICATIONS OF NOT TAKING ACTION
The engineering support services needed to facilitate and review construction activities would not be
available by the Engineer of Record, which may negatively impact the contract execution.
PRIOR COMMITTEE/BOARD ACTIONS
January 2016 -Approved a Professional Design Services Agreement with AECOM Technical
Services,Inc.,to provide engineering services for Rehabilitation of Western Regional Sewers,Project
No.3-64,for an amount not to exceed $17,639,250,and approved a contingency of $1,763,925
(10%).
ADDITIONAL INFORMATION
AECOM Technical Services,Inc.has successfully furnished engineering design services for Orange-
Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation,Project Nos.3-64A and 3-64B,and
their support services during construction will provide continuity through the completion of the project.
Staff negotiated with AECOM Technical Services,Inc.for these construction support services in
accordance with OC San’s adopted policies and procedures.The proposed fees are based on
estimated quantities provided by OC San for requests for information,submittal reviews,meetings,
site visits,change order reviews,and design revisions,as well as the level of effort for preparing
record drawings.Staff has determined the negotiated fee to be fair and reasonable for these
services.
CEQA
The project is included in the “Rehabilitation of Western Regional Sewers Project No.3-64”
Environmental Impact Report (EIR)State Clearinghouse Number 2015111077.This EIR was
certified by the Board of Directors and a Notice of Determination was filed on March 23, 2017.
Orange County Sanitation District Printed on 4/29/2021Page 2 of 3
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File #:2020-1140 Agenda Date:5/5/2021 Agenda Item No:6.
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 23,Rehabilitation
of Western Regional Sewers,Project No.3-64)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:
·Professional Construction Services Agreement
HK:dm:sa:gc
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PCSA CONTRACT NO. 3-64A & 3-64B
Revised 072619 ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION Page 1 of 18
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 26th day of May, 2021 by and between ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "OC SAN", and AECOM Technical Services, Inc., for purposes of this Agreement hereinafter referred
to as "CONSULTANT". WITNESSETH: WHEREAS, OC SAN desires to engage CONSULTANT to provide Construction Support Services for Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract No. 3-64A & 3-64B; and, WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and, WHEREAS, OC SAN has adopted procedures in accordance with OC SAN’s Purchasing Ordinance Section 4.03(B) for the continuation of services and has proceeded in accordance
with said procedures to perform this work; and, WHEREAS, at its regular meeting on May 26, 2021 the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee pursuant to OC SAN’s Purchasing Ordinance to approve this Agreement between OC SAN and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A", and by this reference made a part of this Agreement. A. CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by OC SAN is indicated, it is understood to be conceptual approval only and does not relieve
CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of CONSULTANT or its
Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness.
PCSA CONTRACT NO. 3-64A & 3-64B
Revised 072619 ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION Page 2 of 18
C. In the event that work is not performed to the satisfaction of OC SAN and does not conform to the requirements of this Agreement or any applicable industry
standards, CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project
Engineer/Project Manager. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANT and Subconsultants using OC SAN standard software. Conversion of CADD work from any other non-standard CADD format to the OC SAN format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of 56 calendar days during which OC SAN shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported
within the acceptance period at no additional cost to OC SAN. E. All professional services performed by CONSULTANT, including but not limited
to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by CONSULTANT, pursuant to this Agreement, are for the sole use of OC SAN, its agents and employees. Neither the documents nor their contents
shall be released to any third party without the prior written consent of OC SAN. This provision does not apply to information that (a) was publicly known, or otherwise known to CONSULTANT, at the time that it was disclosed to CONSULTANT by OC SAN, (b) subsequently becomes publicly known to CONSULTANT other than through disclosure by OC SAN. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions:
A. Total Compensation Total compensation shall be in an amount not to exceed Six Hundred Ten
Thousand Dollars ($610,000.00). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in
Attachment “E” - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of OC SAN, CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is charged to this project.
PCSA CONTRACT NO. 3-64A & 3-64B
Revised 072619 ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION Page 3 of 18
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee
Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, OC SAN shall pay Profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal.
E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis Attachment “K” - Minor Subconsultant Hourly Rate Schedule and as
specified in Attachment “A” - Scope of Work. OC SAN shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal.
F. Direct Costs
OC SAN shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel, and licenses for an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases, or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN receipts and other documentary records to support CONSULTANT’s request for reimbursement of these amounts, refer to Attachment “D” - Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above.
PCSA CONTRACT NO. 3-64A & 3-64B
Revised 072619 ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION Page 4 of 18
G. Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Subconsultant or Subcontractor due to modifications to Attachment “A” - Scope of Work resulting from field investigations and field work required by the Scope of Work. These
items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to Attachment “D” -Allowable Direct Costs for payment information. H. Reimbursable Direct Costs OC SAN will reimburse CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment “D” - Allowable Direct Costs. The reimbursement of the above-mentioned expenses will be based on an “accountable plan” as considered by the U.S. Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon
receipts and a “per diem” component approved by the IRS. The most recent schedule of the per diem rates utilized by OC SAN can be found on the U.S. General Services Administration (GSA) website at
http://www.gsa.gov/portal/category/104711#. CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel, lodging, and meals arrangements. OC SAN shall apply the most economic and practical method of reimbursement which may include reimbursements based
upon receipts and/or “per diem” as deemed the most practical. CONSULTANT shall be responsible for returning to OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements – Any travel involving airfare, overnight stays, or multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by CONSULTANT within the OC SAN general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial, and Kern Counties. Automobile
mileage is reimbursable if CONSULTANT is required to utilize a personal vehicle for local travel.
Lodging – Overnight stays will not be approved by OC SAN for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN based on reasonableness of meeting schedules and the
amount of time required for travel by CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of OC SAN. Travel Meals – Per-diem rates as approved by the IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals.
PCSA CONTRACT NO. 3-64A & 3-64B
Revised 072619 ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION Page 5 of 18
Additional details related to the reimbursement of the allowable direct costs are provided in Attachment “D” - Allowable Direct Costs.
I. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Proposal will exceed the not-to-exceed amount of this Agreement, including approved additional compensation, CONSULTANT shall notify OC SAN immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of OC SAN’s authorized representative, shall be at CONSULTANT’s own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in CONSULTANT’s invoice and monthly progress report. Failure to notify OC SAN that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this
Agreement. 3. REALLOCATION OF TOTAL COMPENSATION
OC SAN, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total
compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as
required by OC SAN. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data,
including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by OC SAN. Upon approval of such payment request by OC SAN, payment shall be made to CONSULTANT as soon as practicable of 100% of the invoiced amount on a per-project-element basis. If OC SAN determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of:
PCSA CONTRACT NO. 3-64A & 3-64B
Revised 072619 ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION Page 6 of 18
i. The amount considered by OC SAN’s Director of Engineering to be adequate for the protection of OC SAN; or
ii. The percentage of the work accomplished for each project element.
The Director of Engineering may, at his or her discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the Profit as set forth in Section 2 - COMPENSATION above. Said Profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event OC SAN's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any
reason, OC SAN shall have the right to withhold any scheduled proportionate Profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by OC SAN, CONSULTANT will be paid the unpaid balance of any money due for such work,
including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to OC SAN a release of all claims against OC SAN arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to OC SAN for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This
section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of OC SAN a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
PCSA CONTRACT NO. 3-64A & 3-64B
Revised 072619 ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION Page 7 of 18
5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will perform work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. B. 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, CONSULTANT and Subconsultants shall
furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement of
the Department of Industrial Relations. D. CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall
be the property of OC SAN. OC SAN’s ownership of these documents includes use of, reproduction, or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The OC SAN ownership
entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This section shall apply whether 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, CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes
PCSA CONTRACT NO. 3-64A & 3-64B
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or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage.
7. INSURANCE
A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Workers’ Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”.
Further, OC SAN will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice to CONSULTANT, by OC SAN or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this Agreement.
B. General Liability 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 OC SAN and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the General Liability policy
and coverage must be reflected on the submitted Certificate of Insurance. 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.
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D. Automotive/Vehicle Liability Insurance
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). 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 to OC SAN. F. Workers’ Compensation Insurance
CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit,
including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Workers’ Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A
statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the Certificate of Insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Five Million Dollars ($5,000,000) with limits in accordance with the provisions of this paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement, and for a period of 5 years from the date of the completion of the services hereunder.
In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement,
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whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this Agreement.
CONSULTANT shall provide to OC SAN a Certificate of Insurance in a form acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy and shall provide renewal certificates not less than 10 days prior to the expiration of each policy term. H. Proof of Coverage CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OC SAN before work commences. OC SAN reserves
the right to require complete, certified copies of all required insurance policies, including endorsements, 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 OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN.
• Additional Insured
(Auto Liability)
Submit endorsement provided by carrier for OC SAN approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent. I. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days’ prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required 30 days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until 30 days after written notice is given to OC SAN
except for nonpayment of premium, which shall require not less than 10 days
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written notice to OC SAN. Should there be changes in coverage or an increase in deductible or SIR amounts, CONSULTANT and its insurance broker/agent shall
send to OC SAN 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 OC
SAN not less than 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 OC SAN. J. Primary Insurance All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured
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 OC SAN on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or CONSULTANT shall provide a financial guarantee satisfactory to OC SAN
guaranteeing payment of losses and related investigations, claim administration and defense expenses.
N. Defense Costs 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 CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by 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.
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P. Limits Are Minimums
If CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT.
8. SCOPE CHANGES In the event of a change in the Scope of Work, requested by OC SAN, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to OC SAN, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT’s project team
members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT’s project team member. CONSULTANT shall include the respective
compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 -COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT’s project team members without prior written approval by OC SAN. 10. ENGINEERING REGISTRATION CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. OC SAN retains the reasonable right to access, review, examine, and audit, any and
all books, records, documents and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify that CONSULTANT is in compliance with all requirements under this Agreement. CONSULTANT shall
include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three years after its termination.
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C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and OC SAN’s policy.
CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request,
CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified employee of CONSULTANT will be available to assist OC SAN’s auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of OC SAN.
13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid.
Notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Larry Roberson, Senior Contracts Administrator Copy: Hardat Khublall, Project Manager Notices shall be mailed to CONSULTANT at:
AECOM Technical Services, Inc. 999 West Town and Country Road Orange, CA 92868 Attention: Jagadish Gundarlahalli, Principal-in-Charge Copy: Keith Campbell, Project Manager
All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN staff must be approved in writing by OC SAN’s Project
Manager prior to action by CONSULTANT. 14. TERMINATION OC SAN may terminate this Agreement at any time, without cause, upon giving 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.
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CONSULTANT shall be permitted to terminate this Agreement upon 30 days written notice only if CONSULTANT is not compensated for billed amounts in accordance with
the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to OC SAN and/or CONSULTANT in accordance with Section 13 - NOTICES.
15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN copies of all memoranda, correspondence, computation, and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by OC SAN.
16. COMPLIANCE A. Labor CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it
agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. B. Air Pollution CONSULTANT and its Subconsultants and Subcontractors shall comply with all applicable federal, state, and local air pollution control laws and regulations. 17. AGREEMENT EXECUTION AUTHORIZATION Both OC SAN and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party.
18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary
disbursements in addition to any other relief to which it may be entitled.
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20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the 10th day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, OC SAN informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by OC SAN, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’s sole cost and expense and with legal counsel approved by OC SAN,
which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’s officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities,
causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses including without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and OC SAN’s general and administrative expenses (individually, a “Claim”, or collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein
shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from:
(A) the sole or active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties nor 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.
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CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN for a breach by CONSULTANT of any of the
provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder.
The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, to any extent, then OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE CONSULTANT’s performance shall be evaluated by OC SAN. A copy of the evaluation
shall be sent to CONSULTANT for comment. The evaluation, together with the comments, shall be retained by OC SAN and may be considered in future CONSULTANT selection processes.
25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time.
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26. CLOSEOUT
When OC SAN determines that all work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the
Agreement, OC SAN shall give 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 30 days of receipt of notice of Agreement closeout. Upon receipt of CONSULTANT’s submittals, OC SAN shall commence a closeout audit of the Agreement and will either: i. Give CONSULTANT a final Agreement Acceptance: or ii. Advise CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at CONSULTANT’s cost. CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by OC SAN.
Notwithstanding the final Agreement Acceptance CONSULTANT will not be relieved of its obligations hereunder, nor will CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to OC SAN (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance. Any failure by OC SAN to reject the work or to reject CONSULTANT’s request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by OC SAN for any purpose nor imply acceptance of, or agreement with,
CONSULTANT’s request for final Agreement Acceptance. 27. 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.
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IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above
written.
CONSULTANT: AECOM TECHNICAL SERVICES, INC.
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” – Not Used Attachment “C” – Not Used Attachment “D” – Allowable Direct Costs
Attachment “E” – Fee Proposal Attachment “F” – Not Used Attachment “G” – Acknowledgement of PCSA
Attachment “H” – Not Used Attachment “I” – Cost Matrix & Summary Attachment “J” – Not Used
Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards LDR
ATTACHMENT “A”
SCOPE OF WORK
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ATTACHMENT A
PROFESSIONAL CONSTRUCTION SUPPORT SERVICES
SCOPE OF WORK
Contract No. 3-64A & 3-64B Orange-Western Sub-Trunk Rehabilitation and Los Alamitos Trunk Sewer Rehabilitation
Part of Project No. 3-64 Rehabilitation of Western Regional Sewers
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TABLE OF CONTENTS
I. SUMMARY .......................................................................................................................... 3
II. PROJECT SCHEDULE ....................................................................................................... 3
III. PROJECT IMPLEMENTATION ........................................................................................... 3
PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ............................................. 4
Task 4.1 – Project Management ............................................................................................... 4 Task 4.2 – Workshops and Project Meetings ............................................................................ 5
Task 4.3 - Site Visits ................................................................................................................. 6 Task 4.4 – Submittal Reviews ................................................................................................... 6 Task 4.5 – Request for Information (RFI) .................................................................................. 7 Task 4.6 – Contract Document Modifications, Design Changes, and Change Orders ............... 7 Task 4.7 - Specialty Services and Management of Subconsultants .......................................... 8 Task 4.8 – Public Outreach ....................................................................................................... 8 Task 4.9 – Traffic Control ........................................................................................................... 8 Task 4.10 – Geotechnical .......................................................................................................... 8
PHASE 5 – NOT USED .............................................................................................................. 8
PHASE 6 – CLOSE OUT ............................................................................................................... 8
Task 6.1 – Record Drawings ...................................................................................................... 8 Task 6.2 – Project Management ................................................................................................ 9
IV. STAFF ASSISTANCE ........................................................................................................ 10
V. QUANTITATIVE ASSUMPTIONS ...................................................................................... 11
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I. SUMMARY Provide construction engineering support services for the construction and installation, and closeout for the Orange-Western Sub-Trunk Rehabilitation and Los Alamitos Trunk Sewer Rehabilitation, Contract No. No. 3-64A & 3-64B. Quality Assurance/Quality Control (QA/QC): CONSULTANT shall administer a program of QA/QC procedures for producing quality work and shall effectively manage and control the work. Specific procedures shall include but not be limited to planning, coordination, tracking, checking, reviewing, and scheduling the work. CONSULTANT shall subject all work products prepared by the CONSULTANT to the CONSULTANT’s in-house QA/QC procedures prior to
submittal to the Orange County Sanitation District (OC SAN). QA/QC hours and costs shall be incorporated into other tasks within this Scope of Work (SOW). II. PROJECT SCHEDULE
The schedule for the services specified in this SOW shall be provided per the construction
contract schedule, and the following schedule constraints: Major Milestones Estimated Schedule
Provide Construction and Installation Services 6/26/2021 to 3/15/2023
Project Closeout 3/16/2023 to 6/16/2023
Submittals As described under Task 4.4 titled “Submittal Reviews”
Critical submittals, necessary for permitting or required to break ground, shall take priority.
Requests for Information As described under Task 4.5 titled “Request for Information (RFI)”
Record Drawings Draft Record Drawings shall be submitted to OC SAN within 60 calendar days of receipt from OC SAN of the approved Contractor’s As-Built Drawings. The final Record
Drawings shall be submitted within 21 calendar days of receipt of OC SAN comments on the Draft Record Drawings.
TOTAL SCHEDULE TIME Approximately 24 months
III. PROJECT IMPLEMENTATION
All OC SAN projects are divided into six phases. CONSULTANT shall provide engineering support services for Phase 4 – Construction and Installation Services, and Phase 6 – Closeout.
Phase 1 – Project Development – Completed Phase 2 – Preliminary Design – Completed Phase 3 – Final Design – Completed Phase 4 – Construction and Installation Services
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Phase 5 – Not Used Phase 6 – Closeout
PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
OC SAN will administer and provide field inspection for construction contracts. Construction and installation support services shall be provided by the CONSULTANT as requested by OC SAN. CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01 for detailed
requirements. In the event of a conflict between the guidelines and the scope of work as set forth herein, the scope of work shall prevail. CONSULTANT shall provide the following key management personnel: Principal-in-Charge: Jack Gundarlahalli Project Manager: Keith Campbell Project Engineer: Joseph Marcos CONSULTANT shall not reassign the key project personnel without prior approval of OC SAN. OC SAN may request reassignment of any of the CONSULTANT’s or its subconsultant’s personnel, based on an individual’s performance.
For all services, CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01 for detailed requirements, except as specifically modified herein.
For purposes of the Proposal, CONSULTANT shall include labor-hours and fees in the Proposal for appropriate personnel classifications to perform the following tasks:
Task 4.1 – Project Management CONSULTANT shall be responsible for detailed management of the project, including managing its subconsultants, and shall keep OC SAN apprised of the status of the project. CONSULTANT shall conduct monthly project management meetings with OC SAN’s Project Manager by conference call. These meetings shall be attended by OC SAN’s Project Manager and CONSULTANT’s Project Manager at a mutually agreeable time, generally around the second week of the month. The purpose of the meetings shall be to review the CONSULTANT Project Manager’s progress report, status of the project scope, budget, and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted shortly prior to or at each meeting. Subconsultants will
not participate in these project management meetings. Invoices: CONSULTANT shall prepare and submit monthly invoices to OC SAN. The
invoices shall document the labor-hours and billing rate for each person that works on the project for each task in the work breakdown structure (WBS). Overhead, profit, and any direct costs shall also be shown for each task. As part of the summary section of the invoice,
CONSULTANT shall also include the following information:
• Budget
• Current billing period invoicing
• Previous billing period “total invoiced to date”
• Budget amount remaining
• Current billing period “total percent invoice to date”
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• Current billing period “total percent completed to date”
Progress Reports: The monthly progress report shall be submitted with the project invoice as part of the monthly request for payment. The monthly progress report will include the following:
• Work completed in previous billing period
• Work anticipated for the upcoming month
• Outstanding project issues
• Status and issues impacting project scope and budget
• Log documenting work completed on past requests for information (RFIs), submittal reviews, and change order scope preparation
• Percent complete, tabulated on a per task basis
• Cost to complete, tabulated on a per task basis
• Overall project budget, tabulated on a per task basis
• Travel and site visit summary
• Risks along with a log
• Out of scope items log
CONSULTANT shall also provide percent budget spent for each of OC SAN’s WBS cost
codes (i.e. by work package and phase). OC SAN shall provide a list of cost codes by phase to the CONSULTANT. OC SAN will provide a sample invoice structure to the CONSULTANT at the beginning of the project. See “Quantitative Assumptions” in this SOW for the number of months to be allocated for this task.
Task 4.2 – Workshops and Project Meetings
4.2.1 - Construction Hand-Off Workshop: CONSULTANT shall participate in a one-hour Construction Hand-Off Workshop. The purpose of the workshop is for the CONSULTANT and OC SAN design teams to transfer project-specific knowledge to OC SAN construction
management and inspection staff that will be managing and monitoring construction. Topics that might be covered in this meeting include the following:
• Overview of objective of the project
• Review of project elements
• Review of sequencing constraints
• Key issues to be addressed during construction
• Identification of risks and discussions of contingency plans
The workshop will be led by OC SAN.
4.2.2 - PMWeb Procedures Meeting and Submittal Review Procedures Meeting: CONSULTANT shall participate in a one-hour PMWeb procedure meeting and submittal procedure meeting. The purpose of this meeting is to review the roles and logistics for review
and approval of construction contract documents and Contractor submittals. The CONSULTANT’s Project Manager and Project Engineer shall attend in person. The project will utilize PMWeb as the web-based Project Control Management System (PCMS). The PCMS shall be utilized for project communication, tracking, and management.
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3-64A & 3-64B Scope Page 6 of 11
PCMS utilization is to facilitate the electronic exchange of information, the automation of key processes, and the overall management of the contract. When required by OC SAN, paper
documents shall also be provided. In the event of a discrepancy between the electronic version and paper documents, the electronic documents within PCMS shall govern.
4.2.3- Preconstruction Team Conference: CONSULTANT shall participate in a two-hour Preconstruction Conference attended by OC SAN staff, CONSULTANT, Contractor, subcontractors, public agencies, and vendors. This meeting shall be scheduled and presided
over by OC SAN. In this meeting, OC SAN shall describe CONSULTANT’s role in the project as the Design Engineer and the services CONSULTANT shall provide during construction. CONSULTANT’s Project Manager and Project Engineer shall attend. OC SAN will prepare meeting minutes and CONSULTANT shall review and comment on the minutes. No deliverable is required to be prepared by CONSULTANT. 4.2.4- Weekly Construction Progress Meetings: CONSULTANT shall attend or participate by telephone in the weekly construction progress meetings as requested by OC SAN (one hour). Progress meeting minutes will be prepared by OC SAN. No deliverable is required to be prepared by CONSULTANT. Other than attendance of progress meetings, other work arising from meeting discussions shall be covered under the labor hours included in the Quantitative
Assumptions for Task 4.5 or Task 4.6. See “Quantitative Assumptions” in this SOW for the number of meetings to be allocated for
weekly construction progress meetings. Task 4.3 - Site Visits and As-Built Reviews Site Visits: CONSULTANT shall make field visits to assist in field problem resolution and design clarification/verification to help resolve construction issues as they arise and as requested by OC SAN. CONSULTANT’s Traffic Engineer shall make field visits to inspect the traffic control setup when requested by OC SAN. CONSULTANT shall report the nature of the field site visits, the problem resolved, and identify staff requesting the site visit in CONSULTANT’s monthly project report. Other than attendance of site visits, other work arising from site visit discussions shall be covered under the labor hours included in the
Quantitative Assumptions for Task 4.5 or Task 4.6. See “Quantitative Assumptions” in this SOW for the effort to be allocated for site visits. During site visits, CONSULTANT shall review the Contractor’s As-Built Drawings at the 25, 50, 75, and 100 percent of project completion to verify the Contractor has included all relevant
information from approved change orders and RFIs. CONSULTANT shall prepare a report for each of these reviews and submit it to OC SAN. Labor hours for report preparation shall be included in the Quantitative Assumptions for Weekly Assistance under Task 4.5.
Task 4.4 – Submittal Reviews
Submittals from the Contractor will be logged in PMWeb by OC SAN with selected shop drawing and submittals requiring CONSULTANT review. CONSULTANT shall review the shop drawings and submittals for conformance with the requirements of the contract documents within PMWeb within ten calendar days after receipt of submittal. CONSULTANT shall return comments to OC SAN allowing sufficient time for OC SAN to incorporate all comments into a combined review comment set that OC SAN will return to the Contractor. CONSULTANT shall accommodate occasional expedited reviews for time sensitive submittals. Submittals shall include but not be limited to shop drawings, vendor tests, certifications, and test reports.
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3-64A & 3-64B Scope Page 7 of 11
Coordination with other agencies which may be involved in submittal reviews will be performed by OC SAN.
See “Quantitative Assumptions” in this SOW for the number of submittals for this task. This assumes that the CONTRACTOR does not package multiple items in a single submittal. For the
purposes of tracking the quantities included under “Quantitative Assumptions”, CONSULTANT shall count on the basis of the number of submittal items included. Task 4.5 – Request for Information (RFI) CONSULTANT shall respond to RFIs generated by the Contractor or OC SAN via PMWeb. CONSULTANT’s responses to OC SAN shall be as soon as possible or within four calendar days of receipt of the RFI, clarifying the requirements of the contract documents. CONSULTANT shall generate necessary sketches, figures, and modifications to the drawings for clarifications. When required to avoid schedule delay or additional construction-related costs, CONSULTANT shall expedite the review of time sensitive RFIs. It shall also be the goal
to return responses for all RFIs on the day they are received (where no significant research, correspondence or engineering is involved).
If any changes to the drawings are required, the CONSULTANT shall prepare these drawings in AutoCAD and submit them via PMWeb as PDF files to OC SAN. The CONSULTANT shall update all AutoCAD drawings and specifications upon OC SAN acceptance of any changes
resulting from RFIs and change orders. CONSULTANT shall provide electronic AutoCAD files to OC SAN as part of Task 6.1, Record Drawings. See “Quantitative Assumptions” in this SOW for the number of RFIs to be allocated for this task. CONSULTANT shall also allocate time for required efforts to analyze and provide input on issues that may arise on a weekly basis. The assumption for the effort involved in weekly
assistance shall be as indicated under “Quantitative Assumptions” in this SOW. Task 4.6 – Contract Document Modifications, Design Changes, and Change Orders If the contract documents require modifications, due to changed conditions, OC SAN requested changes, omissions, or design errors; CONSULTANT shall prepare preliminary change order
documents and forward them to OC SAN as needed. OC SAN shall review the proposed change and request CONSULTANT to incorporate any changes. OC SAN will issue the change order documents in a formal Request for Proposal (RFP) or Field Change Order (FCO) to the
Contractor. CONSULTANT shall forward design calculations and other design backup documents as necessary to OC SAN. CONSULTANT shall prepare cost estimates for the changes when requested by OC SAN.
Any contract document that requires changes shall be identified with date of change and reference (RFI number, RFP number, FCO number, etc.) shown on the document. Changes shown on drawings shall be clearly marked and “clouded” for accurate identification of the scope of change by the Contractor and inspection staff. CONSULTANT shall maintain up-to- date contract documents. When a change is required on a drawing that has previously undergone a change, the updated drawing showing the previous change shall be used as the base document to identify new changes. CONSULTANT shall submit complete change documentation to OC SAN for use in RFIs, RFPs, and FCOs. This change documentation shall include plan drawings, schematics,
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3-64A & 3-64B Scope Page 8 of 11
details, schedules, and specifications, as required.
CONSULTANT shall also allocate time for required efforts to analyze and provide input on issues that may arise daily such as interference of undisclosed utilities, traffic control issues, bypass evaluations, etc.
See “Quantitative Assumptions” in this SOW for the number of hours to be allocated for design changes and cost estimating assistance.
Task 4.7 – Public Outreach OC SAN will be leading all public outreach efforts required for this construction. The CONSULTANT shall provide support for various public outreach activities, including but not
limited to the following: serving as the community and stakeholder liaison and outreach; planning, coordination, and attendance of community meetings and providing collateral materials. Activities of CONSULTANT’s outreach support staff shall be as directed and
managed by OC SAN.
Task 4.8 – Traffic Control CONSULTANT’s Traffic Engineer and subconsultant Traffic Engineer shall provide support for review, response, interpretation, and advice on project issues related to traffic control conditions, as well as to attend and participate in key meetings identified herein. Reviews and responses will be needed in support of RFIs, contract document modifications, and change
order duties led by the CONSULTANT. This will require the Traffic Engineer to modify and generate new drawings. Coordination and approvals with the permitting agency will be required.
See “Quantitative Assumptions” in this SOW for the number of hours to be allocated for this task.
Task 4.9 – Geotechnical CONSULTANT’s Geotechnical Engineer shall provide support for review, response, interpretation and advice on project issues related to geotechnical conditions, geotechnical baseline report, geotechnical logs and data reports, as well as to attend and participate in key meetings identified herein. CONSULTANT shall provide reviews and responses in support of shop drawing submittals, RFIs, contract document modifications and change order duties led by the CONSULTANT. See “Quantitative Assumptions” in this SOW for the number of hours to be allocated for this task. PHASE 5 – NOT USED
PHASE 6 – CLOSE OUT
Closeout tasks include completion of punch list work by the Contractor, final inspection,
completion of Record Drawings, and electronic data. CONSULTANT shall submit a final invoice at the completion of the project. Task 6.1 – Record Drawings
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3-64A & 3-64B Scope Page 9 of 11
After completion of construction, OC SAN will transmit to CONSULTANT the final field markup set of drawings. At that time, CONSULTANT shall meet with OC SAN’s Inspector and Resident Engineer to confirm Contractor’s As-Built Drawings contain all relevant information.
CONSULTANT shall prepare draft Record Drawings from the Contractor’s As-Built Drawings for all drawings in accordance with the requirements in the CAD Manual. The CONSULTANT shall submit the draft Record Drawings to OC SAN’s Resident Engineer. The draft Record Drawings will be reviewed for content and CAD Compliance by OC SAN staff. A comment log will be returned to the CONSULTANT and, if any comments are generated, the CONSULTANT shall revise the Record Drawings and resubmit to the Resident Engineer for review of the changes and acceptance of the Record Drawings. Traffic Control drawings are excluded from the requirements under this task.
When no additional comments are identified, CONSULTANT shall prepare the final Record
Drawings and submit them along with the Contractor’s As-Built Drawings to the Project Manager. All Record Drawings shall contain a stamp indicating: Record Drawings These Record Drawings have been prepared based on information provided by others. The
Engineer has not verified the accuracy of this information and shall not be responsible for any errors or omissions which may be herein as a result.” The stamp shall optimally be placed in the bottom right hand corner of the border and may be included by x-ref. If importing the stamp by x-ref interferes with content in the bottom right hand corner, the stamp may also be placed in other open space along the bottom of the border. In addition, a note shall be placed over the engineer’s seal stating that “This drawing was originally approved for construction by [name of engineer] on [date] and sealed by [name of engineer] a licensed professional engineer in the State of California No. [License number] “. CONSULTANT shall submit an electronic copy of the Record Drawings to OC SAN for review and approval. The acceptance of the Record Drawings shall be deemed a condition for
completion of work.
The Contractor generated As-Built Drawings described in the Engineering Design Guidelines and the shop drawings will not be updated by CONSULTANT. The format and quantities for delivery of the submittals shall be as specified in the Engineering
Design Guidelines section titled “Software and Electronic File Format Requirements” and as listed below: Contents Draft Record Drawings Final Record Drawings Hard Copy Sets 2 sets of bound 11x17 prints 2 sets of bound 11x17 prints
All related electronic files, including CAD and compiled PDFs
Electronic transmission Electronic transmission
See “Quantitative Assumptions” in this SOW for the number of meetings to be allocated for this task. Task 6.2 – Project Management
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CONSULTANT shall also include project management support labor-hours related to
closeout activities per requirements stated in Phase 4, Project Management Task. See “Quantitative Assumptions” in this SOW for the number of months to be allocated for
this task.
IV. STAFF ASSISTANCE
OC SAN staff member assigned to work with CONSULTANT on the construction phase of this project is Hardat Khublall at (714) 720-6965, email to: hkhublall@ocsd.com. (continued on next page)
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V. QUANTITATIVE ASSUMPTIONS
The assumptions listed in the following table shall be the basis for the assumed level of effort.
Task Description Assumption AECOM MBI TCE
4.1 Project Management 21 months duration from the effective date of the Notice to Proceed
21 Months of PM 6 Months of PM1 Time included in Task 4.8
4.2.4 Weekly Progress Meetings 60 meetings 60 Meetings N/A N/A
4.3 Site Visits 30 person-visits 30 Site Visits 5 Site Visits 5 Site Visits
4.4 Submittals 40 original submittals
30 resubmittals
40 Original Submittals 30 resubmittals
5 Original Submittals 2 resubmittals Time included in Task 4.8
4.5 Requests for Information 50 RFIs 50 RFIs 15 RFIs Time included in Task 4.8
4.5 Weekly Assistance 664 labor hours 604 hours 60 hours Time included in Task 4.8
4.6 Design Changes 300 labor hours 240 hours 60 hours Time included in Task 4.8
4.6 Cost Estimating for Design Changes 80 labor hours 80 hours N/A Time included in Task 4.8
4.7 Public Outreach 350 labor hours 350 hours N/A N/A
4.8 Traffic Control 160 labor hours 60 N/A 100
4.9 Geotechnical 100 labor hours 100 N/A N/A
6.1 As-Built Review Meetings 2 meetings 2 Meetings 2 Meetings N/A
6.2 Project Management 3 months duration in the Closeout Phase 3 Months 1 Month1 N/A
1. Subconsultant Michael Baker International, Inc. (MBI) shall provide Phase 4 – Construction and Installation Services within a 6 month period beginning upon OC SAN’s Notice to Proceed. Involvement beyond this period is not included, except as provided for by written Amendment and for a 1-month period for close out services.
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1238 Agenda Date:5/5/2021 Agenda Item No:7.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION,
CONTRACT NOS. 3-64A AND 3-64B
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a Cooperative Reimbursement Agreement between the Orange County Sanitation District
and the City of Cypress for Pavement Slurry Seal Construction in conjunction with the Orange-
Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3-64B,
for an amount not to exceed $83,000.
BACKGROUND
Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3
-64B, will rehabilitate over eight miles of 21-inch through 39-inch vitrified clay pipe sewer in the cities
of Anaheim, Cypress, Buena Park, Los Alamitos, and Seal Beach. This project includes work in the
City of Cypress on Orange Avenue between Holder Street and Valley View.
RELEVANT STANDARDS
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
·Ensure the public’s money is wisely spent
PROBLEM
Pavement along Orange Avenue in the City of Cypress, where Orange-Western Sub-Trunk and Los
Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3-64B will be performing work, needs
to be slurry sealed as part of the City’s planned maintenance of the road. The City of Cypress
normally imposes a five-year moratorium on any work impacting pavement following slurry sealing.
PROPOSED SOLUTION
Approve a Reimbursement Agreement with the City of Cypress where the Orange County Sanitation
District (OC San) performs the slurry sealing after working in the street, and the City of Cypress
reimburses OC San for the cost of slurry sealing. The cost of this work is not expected to exceed
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2020-1238 Agenda Date:5/5/2021 Agenda Item No:7.
reimburses OC San for the cost of slurry sealing.The cost of this work is not expected to exceed
$83,000.
TIMING CONCERNS
The agreement requires approval so this work can be done as part of OC San’s construction contract
scheduled to begin in June 2021.
RAMIFICATIONS OF NOT TAKING ACTION
Without the Cooperative Reimbursement Agreement,the pavement slurry seal cannot be done as
part of this construction contract.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
CEQA
The project is included in the “Rehabilitation of Western Regional Sewers Project No.3-64”
Environmental Impact Report (EIR)State Clearinghouse Number 2015111077.This EIR was
certified by the Board of Directors and a Notice of Determination was filed on March 23, 2017.
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 23,Rehabilitation of Western Regional Sewers,Project
No. 3-64) 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:
·Cooperative Agreement
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COOPERATIVE AGREEMENT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF
CYPRESS FOR PAVEMENT REHABILATION WORK
This Agreement is made and entered into this day of _________________ 2021 by and between the Orange County Sanitation District, a county sanitation district (“OC SAN”), and the City of Cypress, a municipal corporation (“City”). OC SAN and City are sometimes
referred to herein individually as “Party” and collectively as “Parties.”
RECITALS WHEREAS, segments of Orange Avenue require rehabilitation of the pavement
condition; and
WHEREAS, OC SAN owns, operates, and maintains sewer mains within the City located beneath segments of Orange Ave.; and
WHEREAS, OC SAN has a sewer replacement project called the Orange-Western Sub-
Trunk and Los Alamitos Trunk Sewer Rehabilitation, Project No. 3-64A & 3-64B (“Project”), a segment of which will take place on Orange Ave. and will include pavement rehabilitation work for those portions of Orange Ave. that are affected by the Project; and
WHEREAS, City desires to perform additional pavement rehabilitation work
(“Pavement Rehabilitation”) on portions of Orange Avenue that are not affected by the Project, such work to include the application of a slurry seal to the entire width of Orange Avenue from Valley View Street to Holder Street, an area of approximately 158,000 square feet; and
WHEREAS, the Parties agree that the Contractor OC SAN selects to perform the
Project shall also perform the Pavement Rehabilitation; and WHEREAS, OC SAN agrees to contract and manage the Pavement Rehabilitation as part of the Project if City agrees to reimburse OC SAN for additional contract costs and four
percent staff labor costs associated with the Pavement Rehabilitation subject to the terms and
conditions included herein. AGREEMENT
NOW, THEREFORE, in consideration of the promises and agreements hereinafter set
forth herein, the Parties hereby agree as follows: 1. OC SAN shall:
a. Be and is hereby designated as the contracting and construction agent for
the Parties to do and perform all acts necessary or required in order to complete the Pavement Rehabilitation and to execute and deliver all documents necessary or required in connection with the construction and completion of the Pavement Rehabilitation work on Orange Ave. from Valley View St. to Holder St.
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b. Ensure that the Pavement Rehabilitation work is completed in
compliance with City’s approved project plans and specifications.
c. Prepare and present an invoice to City upon completion and OC SAN acceptance of the Pavement Rehabilitation work, which City shall pay in full within forty-five (45) days after City accepts/approves the Pavement Rehabilitation Work.
d. Be designated lead agency for the Project and Pavement Rehabilitation under the California Environmental Quality Act (“CEQA”).
2. City shall:
a. Review and provide any approvals or comments regarding the plans and specifications for the Pavement Rehabilitation work to be included in bidding documents prepared for the Project, including Project plans and specifications. OC SAN shall not
commence the Pavement Rehabilitation work until the City has approved the plans and
specifications for the Pavement Rehabilitation work. b. At all times, during the progress of construction of the Project, have access to the work site(s) for the purpose of inspection thereof.
c. Promptly notify OC SAN in writing should City deem any remedial measures to be reasonably necessary prior to OC SAN’s acceptance of any work on the Project. d. Promptly notify OC SAN of City’s acceptance/approval or rejection of
the Pavement Rehabilitation Work within thirty (30) days after receiving notice from OC SAN
that the work is complete. City shall be deemed to accept/approve of the work if City fails to provide notice to OC SAN within thirty days. e. Within forty-five (45) days of the City accepting/approving the
Pavement Rehabilitation work as complete, and provided that the City receives an invoice for
such work from OC SAN, reimburse OC SAN for the actual, final costs for all Pavement Rehabilitation work, including OC SAN staff time required to manage the work (collectively, “City Costs”). City Costs shall not exceed eighty-three thousand dollars ($83,000) and shall not include, nor is City responsible for, any pavement rehabilitation or similar work that was
included as part of the Project prior to the execution of this Agreement.
3. General obligations. a. City and OC SAN, and each of their elected officials, officers,
employees and agents, shall be named as additional insureds in all construction contract
commercial general and automobile liability insurance policies relating to the Project. b. Neither City, nor any officer, agent, representative or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or
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omitted to be done by OC SAN, its officers, employees, agents, contractors, or subcontractors, under or in connection with any work, authority, or jurisdiction delegated to OC SAN under
this Agreement. To the fullest extent permitted by law, OC SAN shall defend, indemnify and
hold harmless City, including City’s employees, agents, representatives, and officials, from any liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, costs or expenses of any kind whatsoever, whether actual, alleged, or threatened, without restriction or limitation, and incurred in relation to, as a consequence of,
arising out of or in any way attributable actually, allegedly or impliedly, to the negligence,
recklessness, or willful misconduct of OC SAN and its officers, employees, agents, contractors, or subcontractors, in the performance of this Agreement. All obligations under this provision are to be paid by OC SAN as they are incurred by City. OC SAN shall require in any agreement with a contractor for the Project that the contractor defend, indemnify and hold
harmless City, including City’s officers, employees, agents, contractors, and subcontractors, as
set forth in this provision. c. Neither OC SAN, nor any officer, agent, representative, or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done
or omitted to be done by City, its officers, employees, agents, contractors, or subcontractors,
under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. To the fullest extent permitted by law, City shall defend, indemnify and hold harmless OC SAN, including OC SAN’s employees, agents, representatives, and officials, from any liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, costs or expenses of any kind whatsoever, whether actual,
alleged, or threatened, without restriction or limitation, and incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, to the negligence, recklessness, or willful misconduct of City and its officers, employees, agents, contractors, or subcontractors, in the performance of this Agreement. All obligations under this
provision are to be paid by City as they are incurred by OC SAN.
d. This Agreement, together with any and all exhibits, each of which is hereby incorporated by reference, constitutes the entire agreement between the Parties with respect to the subject matter herein. No representation or promise, whether verbal or written,
that is not set forth herein, shall be binding or have any force or effect on either of the Parties.
e. In the event of any dispute concerning any aspect of this Agreement, the Parties’ representatives shall work in good faith to resolve any such dispute to each Party’s satisfaction prior to initiation of any court action provided, however, that nothing herein shall
prevent either Party from utilizing all remedies at law or equity in the event such dispute cannot
be resolved within thirty (30) days of a written request by one Party to meet and confer with the other to resolve such dispute, or such other period of time as agreed upon in writing. f. Notices permitted or required to be provided pursuant to this Agreement
shall be sent to the following addresses:
To OC SAN: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708
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Attention: Kelly Lore, Clerk of the Board Facsimile: (714) 962-0356
To City: City of Cypress 5275 Orange Avenue Cypress, CA 90630
Attention: Alisha Farnell, City Clerk
Facsimile: (714) 229-6682 By notice to the other Party, either Party may change the address specified above. Service of notice or communication shall be complete, if personally served, when received at the
designated address, or five (5) days after deposit of said notice or communication in the United
States mail, postage prepaid, whichever occurs first.
h. The prevailing Party in any action brought for breach or to enforce any provision of this Agreement, shall be entitled to recover its reasonable attorney’s fees, expert’s
costs, and all court costs.
g. No Third-Party Beneficiaries. This Agreement is entered into by and for OC SAN and City, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto.
i. Within forty-five (45) days after completion and acceptance of the work by OC SAN, OC SAN’s Director of Engineering shall provide written notice to City of OC SAN’s acceptance of the work and shall provide an estimated date that a final accounting of City Costs will be submitted. If outstanding charges (such as contractor’s claims and liens)
delay the final accounting, OC SAN shall so advise City and a final accounting shall be
presented within ninety (90) days from the date of completion of the work. j. City shall have the right to review all invoices, warrants and other related documents used in preparing the final accounting.
IN WITNESS WHEREOF, this Agreement has been duly executed by the respective parties hereto by their duly authorized officers as of the date hereinabove first written.
[SIGNATURES ON FOLLOWING PAGE]
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ORANGE COUNTY SANITATION DISTRICT By:___________________________________
David John Shawver Chair, Board of Directors Date:________________________
APPROVED AS TO FORM: ATTEST: By:__________________________ By:___________________________________ Bradley R. Hogin Kelly Lore
General Counsel Clerk of the Board CITY OF CYPRESS By:___________________________________
Date:________________________
APPROVED AS TO FORM: ATTEST:
By:__________________________ By:___________________________________
Fred Galante City Attorney City of CYPRESS
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1432 Agenda Date:5/5/2021 Agenda Item No:8.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1,
PROJECT NO. FR1-0007
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and File Bid Tabulation and Recommendation for Control Center Offices and Day
Training Room Remodeling at Plant No. 1, Project No. FR1-0007;
B. Award a Construction Contract to Thomas Solar Energy for Control Center Offices and Day
Training Room Remodeling at Plant No. 1, Project No. FR1-0007, for an amount not to exceed
$256,790; and
C. Approve a contingency of $25,679 (10%).
BACKGROUND
The Control Center Building at Plant No. 1 is a two-story office building housing mainly operations
staff. The Day Training Room in this building is typically used by 17 plant operators during day shift
and seven plant operators during night shift, including four lead operators. The room is also used for
frequent meetings among operators.
The Orange County Sanitation District’s (OC San) workspace standards call for four-foot-wide
workstations for the plant operators, eight-foot by eight-foot cubicles for Lead Plant Operators, and
approximately ten-foot by ten-foot individual offices for Supervisors. Operator workstations are not
dedicated to individual operators, so the same workstations are used by more than one operator over
the course of a day. Individual offices are needed for supervisors to conduct sensitive and private
discussions with staff.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Provide a safe and collegial workplace
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1432 Agenda Date:5/5/2021 Agenda Item No:8.
PROBLEM
The layout and furnishings of the Day Training Room do not effectively use space and the existing
furniture and cubicles are in substandard condition.The room also lacks a conference table large
enough to accommodate all the operators present in one shift.Staff has also had to move into other
conference rooms to work,which limits the availability of the conference rooms for other purposes.
The Control Center also lacks enough individual offices for supervisors.
PROPOSED SOLUTION
Award a Construction Contract for Control Center Offices and Day Training Room Remodeling at
Plant No.1,Project No.FR1-0007.This project will remodel the Day Training Room including
lighting improvements,14 new workstations,five new cubicles,and a large conference table.The
project will also convert an area with two offices and two cubicles into an area with three individual
offices and a common space for staff to layout large-format plans.
TIMING CONCERNS
If this project were delayed,the collaboration between operations staff would continue to be inhibited
due to being spread out in different areas of the Control Center Building conference rooms and other
process areas throughout the Plant.
RAMIFICATIONS OF NOT TAKING ACTION
Not completing this project would make it difficult for staff to work together and have space for staff
meetings.Having operations staff occupy conference rooms in the Control Center Building limits
meeting space.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FR1-0007 for bids on January 21,2021 and 15 sealed bids were
received on March 5, 2021. A summary of the bid opening follows:
Engineer’s Estimate $ 428,000
Bidder Amount of Bid
Thomas Solar Energy $ 256,789.87
Aguilar & Calderon Corporation $ 261,569.08
R Dependable Const. Inc.$ 314,400.00
JR Universal Construction, Inc.$ 325,500.00
Thomco Construction, Inc.$ 343,100.00
Horizons Construction Co. Int’l, Inc.$ 371,000.00
Golden Gate Steel, Inc. dba Golden Gate
Construction
$ 372,190.00
California Custom Builders $ 388,157.00
A2Z Construct Inc.$ 390,000.00
Deark E&C, Inc.$ 391,000.00
Caltech Corp $ 411,500.00
Aid Builders Inc.$ 427,500.00
RT Contractor Corp.$ 478,000.00
LOENGREEN Inc.$ 495,043.00
Marjani Builders Inc.$ 496,500.00
Orange County Sanitation District Printed on 4/28/2021Page 2 of 3
powered by Legistar™
File #:2021-1432 Agenda Date:5/5/2021 Agenda Item No:8.
Engineer’s Estimate $ 428,000BidderAmount of BidThomas Solar Energy $ 256,789.87Aguilar & Calderon Corporation $ 261,569.08
R Dependable Const. Inc.$ 314,400.00
JR Universal Construction, Inc.$ 325,500.00
Thomco Construction, Inc.$ 343,100.00
Horizons Construction Co. Int’l, Inc.$ 371,000.00
Golden Gate Steel, Inc. dba Golden Gate
Construction
$ 372,190.00
California Custom Builders $ 388,157.00
A2Z Construct Inc.$ 390,000.00
Deark E&C, Inc.$ 391,000.00
Caltech Corp $ 411,500.00
Aid Builders Inc.$ 427,500.00
RT Contractor Corp.$ 478,000.00
LOENGREEN Inc.$ 495,043.00
Marjani Builders Inc.$ 496,500.00
The bids were evaluated in accordance with OC San policies and procedures.A notice was sent to
all bidders on April 15,2021 informing them of the intent of OC San staff to recommend award of the
Construction Contract to Thomas Solar Energy.
Staff recommends awarding a Construction Contract to the lowest responsive,responsible bidder,
Thomas Solar Energy, for a total amount not to exceed $256,790.
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.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This
recommendation would be funded under the Repairs and Maintenance line item for Division 830,
Plant No.1 Operations (Adopted Budget,Fiscal Years FY 2020-2021 and 2021-2022,Section 6,
Page 84), 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:CS:dm:gc
Orange County Sanitation District Printed on 4/28/2021Page 3 of 3
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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
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CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FR1-0007
CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1
THIS AGREEMENT is made and entered into, to be effective, this May 26, 2021, by and
between Thomas Solar Energy, 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.
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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. FR1-0007 CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1 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.
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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. FR1-0007
CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1
C-CA-103020 PROJECT NO. FR1-0007 CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1 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. FR1-0007
CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within three hundred and one (301) 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. FR1-0007 CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1 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.
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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 Fifty-Six Thousand Seven Hundred
Eighty-Nine Dollars and Eighty-Seven Cents ($256,789.87) as itemized on the Attached
Exhibit “A”.
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Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as 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.
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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.”
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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
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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
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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
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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
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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.
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Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OCSD in connection with the planning, development and construction of the Project. In
all its insurance coverages (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: One Million Dollars ($1,000,000) per occurrence and a general
aggregate limit of Two Million Dollars ($2,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least One Million Dollars
($1,000,000) per occurrence and a general aggregate limit of Two Million
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Dollars ($2,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
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.
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h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of One Million Dollars ($1,000,000) for bodily injury,
personal injury and property damage;
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 ($500,0000) 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
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liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by 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
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non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OCSD’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
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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
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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
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may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
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law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 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
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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: Thomas Solar Energy 9523 Bolsa Avenue Westminster, CA 92683
Copy to: Lyon Cao, President-Project Manager Thomas Solar Energy 9523 Bolsa Avenue Westminster, CA 92683
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Thomas Solar Energy
9523 Bolsa Avenue
Westminster, CA 92683
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 1070867 (Expiration Date – 11/30/2022)
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
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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.
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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.
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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.
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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
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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;
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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.
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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
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ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Thomas Solar Energy BF-14 SCHEDULE OF PRICES, Pages 1 – 2
BF-14 SCHEDULE OF PRICES C-BF-010521
PROJECT NO. FR1-0007
CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1
Page 1 of 2
(Name of Firm)
Bid Submitted By: Thomas Solar Energy
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.
234,567.89
234,289.87
*
* Recalculation of all line items revealed
the correct Total Amount of Bid to be
$256,789.87.
Thomas Solar Energy acknowledge in
writing that this is the correct total.
Bid Submitted By: Thomas Solar Energy
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 $22,500 of the
Total Amount of Bid and shall be in conformance with the Contract
Documents. All amounts included in this Bid Item greater than the allowable Lump Sum 1 = $ $ 22,500
maximum payment of $22,500 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 shall Lump Sum 1 = $ 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-010521
PROJECT NO. FR1-0007
CONTROL CENTER OFFICES AND DAY TRAINING ROOM REMODELING AT PLANT NO. 1
Page 2 of 2
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1534 Agenda Date:5/5/2021 Agenda Item No:9.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
MACARTHUR FORCE MAIN IMPROVEMENTS, PROJECT NO. 7-68
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Michael Baker International, Inc. to
provide engineering services for MacArthur Force Main Improvements, Project No. 7-68, for
an amount not to exceed $500,000; and
B. Approve a contingency of $50,000 (10%).
BACKGROUND
The Orange County Sanitation District (OC San) owns and maintains a 12-inch diameter force main
extending approximately 2,100 feet along MacArthur Blvd. from the MacArthur Pump near Von
Karman Avenue to Birch Street in the City of Newport Beach. This force main is approximately 60
years old.
RELEVANT STANDARDS
·Achieve less than 2.1 sewer spills per 100 miles
·California Government Code §4526: Select the “best qualified firm” and “negotiate fair and
equitable fees”
PROBLEM
Condition assessments indicate that the force main has corroded and is at risk of failure. A failure of
this pipe would likely result in a sewage spill.
PROPOSED SOLUTION
Award a Professional Design Services Agreement for MacArthur Force Main Improvements, Project
No. 7-68. The project will construct two new force mains to replace the single existing force main.
OC San has been standardizing on dual force mains to allow inspection and maintenance without
requiring expensive and disruptive bypass pumping. The additional force main can also be quickly
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ORANGE COUNTY SANITATION DISTRICT
File #:2021-1534 Agenda Date:5/5/2021 Agenda Item No:9.
requiring expensive and disruptive bypass pumping.The additional force main can also be quickly
put into service in the event of a leak or failure of the active force main.
TIMING CONCERNS
The schedule driver of this project is to resolve risks associated with deteriorated facilities to reduce
the risks of potential spills.
RAMIFICATIONS OF NOT TAKING ACTION
Increased risk of failure of the pipes due to continued corrosion causing a sewage spill.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
OC San requested and advertised for proposals for MacArthur Force Main Improvements,Project
No.7-68,on December 29,2020.The following evaluation criteria were described in the Request for
Proposals (RFP) and used to determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 35%
Related Project Experience 30%
Project Team and Staff Qualifications 35%
Three proposals were received on February 11,2021 and evaluated in accordance with the evaluation
process set forth in Ordinance No.OCSD-52 (Purchasing Ordinance)by a pre-selected Evaluation
Team consisting of the following OC San staff:Project Manager,Project Engineer,two Engineering
Supervisors,and a Maintenance Manager.The Evaluation Team also included one non-voting
representative from the Contracts Administration Division.
The Evaluation Team scored the proposals on the established criterion as summarized in the table
below:
Firm Understanding &
Approach (Max 35)
Related
Experience
(Max 30)
Team &
Qualifications
(Max 35)
Total Score
(Max 100)
1 Michael Baker
International, Inc.
30 24 29 83
2 Lockwood, Andrews &
Newman, Inc. (LAN)
27 19 22 68
3 Lee & Ro, Inc.21 20 22 63
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File #:2021-1534 Agenda Date:5/5/2021 Agenda Item No:9.
Following scoring,the Evaluation Team concluded that interviews were not necessary to determine
the most qualified consultant.Michael Baker International,Inc.was selected as the most qualified
Consultant based on their superior project approach and detailed understanding of the project.The
project team and experience directly related to design of both gravity and force mains are well suited
to the scope and potential challenges associated with this project.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals.The fee proposal of the Evaluation Team’s
highest-ranked firm,as approved by the Director of Engineering,was opened in accordance with the
Purchasing Ordinance.
Staff conducted negotiations with Michael Baker International,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 the consultant’s team
members and OC San staff.The design fee was reduced due to consolidation of design
memoranda,combined workshops,reduction of some scope requirements,fewer design meetings,
clarification of scope requirements, and reduction of the final sheet count.
Original Fee
Proposal
Negotiated Fee
Total Hours 2,934 1,699
Total Fee $636,705 $500,000
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.The contract profit is 9.95%,which is based on an established formula based on OC
San’s standard sliding scale requirements.
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 Design Services
Agreement to Michael Baker International, Inc.
CEQA
The project is exempt from CEQA under the Class 1,2,and 3 categorical exemptions set forth in
California Code of Regulations Sections 15301,15302,and 15303 and statutory exemption set forth
in the Public Resource Code Section 21080.21.These sections are exempt from CEQA for projects
involving repair,replacement,minor alteration of existing facilities that have no expansion of use or
capacity,replacement of existing utilities,and that are less than one mile in length within a public
right-of-way for the installation of pipelines.A Notice of Exemption will be filed with the OC Clerk-
Recorder after OC San’s Board of Directors approval of the Construction Contract.
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 &2021-22,Section 8,Pg.35,MacArthur Force
Main Improvements, Project No. 7-68) and the budget is sufficient for the recommended action.
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ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Design Services Agreement
HK:dm
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REQUEST FOR PROPOSALS PROJECT NO. 7-68
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PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the «date» day of «Month», «year» by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and «CONSULTANT COMPANY», for purposes of
this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for MacArthur Force Main Improvements, Project No. 7-68 to provide professional design engineering services to abandon the existing 12-inch force main and to construct two new force mains for redundancy and maintenance; and, WHEREAS, the CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional design engineering services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional design engineering services and has proceeded in accordance with said procedures to select a CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on «Board Meeting Date» the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to the
SANITATION DISTRICT’s Purchasing Ordinance to approve this Agreement between the SANITATION DISTRICT and the 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 The CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. The
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CONSULTANT shall respond to all comments, suggestions, and recommendations on the SANITATION DISTRICT’s review comment sheets (i.e.
DS1, DS2 and DS3). All comments shall be incorporated into the design prior to the next submittal deadline or addressed, in writing, as to why the comment has not been incorporated. CONSULTANT shall ensure that each submittal is 100%
accurate for the level of work submitted (i.e. correct references, terms, capitalization or equal status, spelling, punctuation, etc.) C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the SANITATION DISTRICT’s Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by the CONSULTANT and its Subconsultants using the SANITATION DISTRICT’s CAD
Manual. Conversion of CAD work from any other non-standard CAD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement.
Electronic files shall conform to the SANITATION DISTRICT’s specifications. Any changes to these specifications by the CONSULTANT are subject to review and approval by the SANITATION DISTRICT. Electronic files shall be subject to an acceptance period of 30 calendar days during which the SANITATION DISTRICT shall perform appropriate reviews and including CAD Manual compliance. The CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or recommended under this Agreement allow for competitive bidding. The CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one source, and shall not design plans and specifications around a single or specific product, piece of major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and supported by a written justification that has been approved in writing by the SANITATION DISTRICT. The CONSULTANT shall submit this written justification to the SANITATION DISTRICT prior to beginning work on such plans and specifications. Whenever the CONSULTANT recommends a specific product or equipment for competitive procurement, such recommendation shall include at least two brand names of products that are capable of meeting the functional requirements applicable to the project.
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F. All professional design engineering services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports,
and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any
third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to the CONSULTANT for services in accordance with the following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed «Grand Total Written Amount» Dollars ($«Grand Total Amount»). Total compensation to the CONSULTANT including burdened labor (salaries plus benefits), overhead,
profit, direct costs, and its 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 the CONSULTANT, the SANITATION DISTRICT shall pay to the CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by the CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of the CONSULTANT. Upon request of the SANITATION DISTRICT, the 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 the CONSULTANT, the SANITATION DISTRICT shall compensate the CONSULTANT and its
Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee Proposal.
D. Profit Profit for the CONSULTANT and its Subconsultants shall be a percentage of the professional design engineering services fees (Burdened Labor and Overhead). When the consulting or subconsulting services fee 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
-
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$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 its Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by the CONSULTANT and its 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), the CONSULTANT shall pay to its Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to its Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to the CONSULTANT the actual
costs of its 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 the CONSULTANT and its
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 the CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION DISTRICT. Upon request, the CONSULTANT shall provide to the SANITATION DISTRICT receipts and other documentary records to support the 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 the CONSULTANT and its Contractor due to modifications in the Scope of Work resulting from field investigations and field
work required by the Agreement. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to attachment “D” Allowable Direct Costs for payment
information. H. Reimbursable Direct Costs 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
-
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considered by the U.S. Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a “per diem” component
approved by the IRS. The most recent schedule of the per diem rates utilized by the SANITATION DISTRICT can be found on the U.S. General Services Administration (GSA) website at http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. 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. The 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 general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if the 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 the 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, the CONSULTANT estimates the cost of performing the services described in the CONSULTANT’s Proposal will exceed 75% of the not-to-exceed amount of the Agreement, including approved additional compensation, the CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the professional design engineering services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written
REQUEST FOR PROPOSALS PROJECT NO. 7-68
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consent of the SANITATION DISTRICT’s authorized representative shall be at the 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. 4. PAYMENT A. Monthly Invoice: The 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. The CONSULTANT shall allocate costs in the same manner as it would for payment requests as described
in this Section of the Agreement. The CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS.
B. The CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by the CONSULTANT under this Agreement and shall be prepared by the CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to the CONSULTANT as soon as practicable of 100% of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of
payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element. He or she may, at his or her discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety.
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C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 - COMPENSATION above.
Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by the CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, the CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, the 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 the 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. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent the CONSULTANT’s employees and/or its 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, the
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CONSULTANT and its 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 its 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 its Subconsultants shall furnish a copy of all certified payroll records to the SANITATION DISTRICT and/or general public upon request, provided the public request is made through the SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the
Department of Industrial Relations. D. The CONSULTANT and its Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Design Engineering Services performed. All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or the Professional Design
Engineering 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 Design Engineering 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. The CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by the CONSULTANT, provided that the service rendered by the CONSULTANT was not a proximate cause of the
damage.
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7. INSURANCE
A. General i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class 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 Workers’ Compensation Insurance subject to the SANITATION DISTRICT’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, the SANITATION DISTRICT will require the CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within 20 days of written notice
to the 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 the 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.
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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 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 the CONSULTANT in the amount of One Million Dollars ($1,000,000) in form acceptable to the SANITATION DISTRICT.
F. Workers’ Compensation Insurance
The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Workers’ Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of 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
The CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars
($2,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement,
and for a period of five years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, the CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of the 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.
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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 the CONSULTANT during the course of performing services under the term of this Agreement. The 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 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.
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I. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days’ prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required 30
days’ written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until 30 days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten 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 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 the 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 the 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.
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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 the CONSULTANT. 8. SCOPE CHANGES In the event of a change in the Scope of Work, 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 fees.
9. PROJECT TEAM AND SUBCONSULTANTS The CONSULTANT shall provide to the SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and the CONSULTANT’s project team members anticipated to be used on this project by the CONSULTANT. The CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each of the CONSULTANT’s project team members. The CONSULTANT shall include the respective compensation amounts for the CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 - COMPENSATION.
There shall be no substitution of the listed Subconsultants and the CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The CONSULTANT itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers.
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11. AUDIT PROVISIONS
A. The 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. The SANITATION DISTRICT retains the right to examine the 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 years after its termination.
C. The 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 the SANITATION DISTRICT’s auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make the CONSULTANT an employee of the SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Larry Roberson, Senior Contracts Administrator Copy: Hardat Khublall, Project Manager
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Notices shall be mailed to CONSULTANT at:
«CONSULTANT COMPANY»
«Street Address» «City, State Zip» Attention: «CONSULTANT’s Representative»
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 by the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving 30 days written notice to the CONSULTANT. In the event of such termination, the CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. The CONSULTANT shall be permitted to terminate this Agreement upon thirty 30 days written notice only if the CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or the CONSULTANT in accordance with Section 13 - NOTICES.
15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. The CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE A. Labor The CONSULTANT certifies by the execution of this Agreement that it pays
employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. B. Air Pollution The CONSULTANT and its Subconsultants and Subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations.
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17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and the CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party.
18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled.
20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY The 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 the CONSULTANT that any part of the services fails to meet those standards, the 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, the CONSULTANT shall indemnify, defend (at the
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, the 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 the CONSULTANT’s fees and costs and the SANITATION DISTRICT’s general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by
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the CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of the CONSULTANT, its
principals, officers, agents, employees, the CONSULTANT’s suppliers, the 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 the 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 the CONSULTANT’s supplier, the CONSULTANT, Subconsultant, Subcontractor, nor
anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and the 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.
The CONSULTANT’s liability for indemnification hereunder is in addition to any liability the CONSULTANT may have to the SANITATION DISTRICT for a breach by the 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 the 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 the 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 the CONSULTANT. Payment to the CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the SANITATION DISTRICT will reimburse the CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims.
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The CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES The 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. 26. 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 the 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. The CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within 30 days of receipt of notice of Agreement closeout. Upon receipt of the 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.
The CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance.
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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. 27. 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.
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IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and the 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 Attachment “F” – Professional Design Services Agreement (PDSA)
Attachment “G” – Acknowledgement of PDSA Attachment “H” – Professional Construction Services Agreement (PCSA) Attachment “I” – Cost Matrix and Summary Attachment “J” – Acknowledgement of Addenda Receipt Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards
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ATTACHMENT A SCOPE OF WORK
MacArthur Pump Station Force Main Improvements Project No. 7-68
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TABLE OF CONTENTS
1. PROJECT REQUIREMENTS ................................................................................................................ 4
SUMMARY...................................................................................................................... 4
1.0.1 Professional Design Engineering Services ............................................................ 4
1.0.2 Professional Licensing requirements ..................................................................... 4
BACKGROUND .............................................................................................................. 4
GENERAL PROJECT DESCRIPTION ....................................................................... 4
PROJECT EXECUTION PHASES............................................................................... 4
DESCRIPTION OF PROJECT ELEMENTS .............................................................. 5
1.4.1 Project Element 1 – New force mains and discharge structures............................ 5
1.4.2 Project Element 2 - Temporary Facilities During Construction ............................ 5
1.4.3 Coordination with Other Projects .......................................................................... 5
PROJECT SCHEDULE ................................................................................................. 5
1.5.1 General .................................................................................................................. 5
2. PHASE 2 – PRELIMINARY DESIGN .................................................................................................... 6
Preliminary Design Execution ........................................................................................ 6
Predesign Evalution Studies (not used) ......................................................................... 7
Preliminary Design Production ...................................................................................... 7
2.2.1 General .................................................................................................................. 7
2.2.2 Design Memos ....................................................................................................... 7
2.2.3 Preliminary Design Drawings ............................................................................... 9
2.2.4 Preliminary Design Report (PDR) Production, Contents and Organization ....... 10
2.2.5 Preliminary Design Cost Estimate ...................................................................... 10
Preliminary Design Activities ....................................................................................... 10
2.3.1 Easements, Property Boundaries and Work Area Limits .................................... 10
2.3.2 Topographic Survey ............................................................................................ 10
2.3.3 Traffic Control Services ...................................................................................... 12
2.3.4 Geotechnical Investigation .................................................................................. 12
2.3.5 Utility Investigation ............................................................................................. 13
2.3.6 Public Relations ................................................................................................... 17
2.3.7 Environmental Documentation ............................................................................ 17
2.3.8 Permitting Assistance .......................................................................................... 18
2.3.9 Project Management ............................................................................................ 18
2.3.10 Risk Management .............................................................................................. 19
2.3.11 Quality Control .................................................................................................. 19
PDR Workshops and Meetings .................................................................................... 20
2.4.1 General ................................................................................................................ 20
2.4.2 PDR Production Workshops ............................................................................... 20
2.4.3 PDR Review Workshops ..................................................................................... 20
2.4.4 PDR Constructability Workshop ......................................................................... 20
2.4.5 Technical Progress Meetings............................................................................... 21
2.4.6 Focused Meetings ................................................................................................ 21
3. PHASE 3 – DESIGN ............................................................................................................................ 21
Bid Documents ............................................................................................................... 21
3.0.1 General ................................................................................................................ 21
3.0.2 Engineering Design Guideline Updates .............................................................. 21
3.0.3 General Requirements and Additional General Requirements ............................ 21
1.0
1. 1
1.2
1.3
1.4
1.5
2.0
2.1
2.2
2.3
2.4
3.0
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3.0.4 Design submittals ................................................................................................ 22
3.0.5 Construction Submittal Items List ....................................................................... 22
3.0.6 Temporary Facilities During Contruction ........................................................... 22
Design Support Documentation ................................................................................... 23
3.1.1 Design Submittal Support Documentation .......................................................... 23
3.1.2 Construction Cost Estimate ................................................................................. 23
3.1.3 Construction Schedule ......................................................................................... 24
3.1.4 Procurement Alternatives .................................................................................... 24
Design Activities ............................................................................................................ 24
3.2.1 Easements, Property Boundaries and Work Area Limits .................................... 24
3.2.2 Topographic Survey ............................................................................................ 24
3.2.3 Utility Investigation ............................................................................................. 24
3.2.4 Traffic Control Services ...................................................................................... 25
3.2.5 Public Relations ................................................................................................... 25
3.2.6 Environmental Documentation ............................................................................ 25
3.2.7 Permitting assistance ........................................................................................... 25
3.2.8 Project Management ............................................................................................ 25
3.2.9 Quality Control .................................................................................................... 25
3.2.10 General .............................................................................................................. 25
3.2.11 Design Phase Workshops .................................................................................. 25
3.2.12 Pre-DS2 Constructability Workshop .................................................................. 26
3.2.12 Design Phase Meetings ..................................................................................... 26
3.2.13 Construction Submittal Items List Meeting ...................................................... 26
Bid Phase Support Services .......................................................................................... 26
3.3.1 Bid Phase Support Services ................................................................................. 26
3.3.2 Bid Evaluation Assistance ................................................................................... 27
3.3.3 Conformed Document Preparation ...................................................................... 27
4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ..................................................... 27
5. PHASE 5 – COMMISSIONING SERVICES ........................................................................................ 27
6. PHASE 6 – CLOSE OUT .................................................................................................................... 27
7. GENERAL REQUIREMENTS ............................................................................................................. 27
GENERAL ..................................................................................................................... 27
7.0.1 OCSD Engineering Design Guidelines and Strategic Plan ................................. 27
7.0.2 Project Phases and Tasks ..................................................................................... 28
7.0.3 Construction Sequencing and Constraints ........................................................... 28
7.0.4 Working Hours .................................................................................................... 28
7.0.5 Standard Drawings and Typical Details .............................................................. 28
7.0.6 Software .............................................................................................................. 28
7.0.7 Submittal Review using Bluebeam ..................................................................... 29
7.0.8 Word Track Changes ........................................................................................... 29
7.0.9 GIS Submittals .................................................................................................... 29
8. STAFF ASSISTANCE ......................................................................................................................... 30
9. EXHIBITS ............................................................................................................................................ 30
3.1
3.2
3.3
7.0
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1. PROJECT REQUIREMENTS
SUMMARY
1.0.1 PROFESSIONAL DESIGN ENGINEERING SERVICES
A. Provide professional design engineering services for the project described herein including the following:
1. Preliminary Design Report
2. Permitting assistance
3. Preparation of bid documents
1.0.2 PROFESSIONAL LICENSING REQUIREMENTS
A. All plans and specifications shall be prepared by a professional engineer licensed in the State of California of the associated discipline.
BACKGROUND
The existing MacArthur Pump Station and force main was built in the 1960s under Job No. 7-1-D. In 1989 the internal equipment was replaced under Job No. 7-11-3. The pump station is located in a
commercial area south of the John Wayne Airport, in the City of Newport Beach. The pump station’s
current capacity is approximately 3.6 MGD. MacArthur Pump Station is a combination of an underground wet well and dry well with above grade electrical equipment. Access is available from
MacArthur Boulevard; however, on-site parking is very limited. Flows into the pump station are conveyed from a 21-inch VCP pipe and two VFD operated pumps discharge flows to a single 12-inch ACP force main. The force main alignment is along MacArthur Boulevard, ultimately terminating at a 72-inch manhole located approximately 2,100 feet away in the intersection of Mac Arthur Boulevard and
Birch Street. Flows are then conveyed through the Von Karman Trunk to the Main Street Pump Station and finally to Reclamation Plant No. 1.
GENERAL PROJECT DESCRIPTION
The primary goal for this project is to provide dual force mains for long lasting and dependable service. The existing 12-inch force main will be abandoned and two new force mains will be constructed for redundancy and maintenance. There were no capacity deficiencies identified for the force main. CCTV inspections are not available for review. The existing valve vault structure, located adjacent to the pump station, is not able to accommodate both force main pipelines. Additional bypass pumping connections are needed to facilitate pump station bypassing during maintenance or an emergency. A new valve vault capable of withstanding loading from maintenance vehicles is required for force main isolation valves and bypass pumping connections.
PROJECT EXECUTION PHASES
All SANITATION DISTRICT projects are divided into six phases. CONSULTANT shall provide engineering services for all Project Elements listed in this Scope of Work (SOW) for the following Phases:
Phase 1 – Project Development (Not in this SOW)
Phase 2 – Preliminary Design
Phase 3 – Design
Phase 4 – Construction (Not in this SOW)
1.0
1.1
1.2
1.3
December 2020 7-68 – Design SOW Page 5 of 31
Phase 5 – Commissioning (Not in this SOW)
Phase 6 – Close Out (Not in this SOW)
DESCRIPTION OF PROJECT ELEMENTS
Detailed descriptions of the Project Elements are presented below.
1.4.1 PROJECT ELEMENT 1 – NEW FORCE MAINS AND DISCHARGE STRUCTURES
A. The existing force main will be replaced with two new force mains with a minimum 30-year life expectancy. The force mains will be located in public right-of-way and will discharge into one
or two new structures at or near the intersection of MacArthur Boulevard and Birch Street.
B. The MacArthur Pump Station existing discharge valve vault will be replaced with a new valve
vault to accommodate isolation valves for the two new force mains and bypass pumping connections.
C. The existing force main and structures between MacArthur Pump Station and Diversion Structure No. 83 (SUN0155-0220) will be demolished or abandoned.
D. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element:
1. The force main alignment will be located within the public right of way.
2. The pipe material will be HDPE.
3. A new discharge structure(s) will be provided to connect to the downstream gravity sewer. Ideally, these structures are outside of the intersection and located where it is
safer for Operations & Maintenance (O&M) staff to stop their trucks, set up traffic control and have direct access to the discharge structures.
4. The new valve vault will be located within the SANITATION DISTRICT easement, out of traffic, with one new isolation valve and bypass connection per force main.
1.4.2 PROJECT ELEMENT 2 - TEMPORARY FACILITIES DURING CONSTRUCTION
A. A bypass pumping system will be required for temporary handling of flows during
construction. The temporary bypass pumping system must comply with the SANITATION DISTRICT’s goal of zero sewage spills.
1.4.3 COORDINATION WITH OTHER PROJECTS
A. The following projects may impact or require coordination with this project:
1. City of Newport Beach Public Works Department, Birch Street Paving Improvements 2024-2025
2. City of Newport Beach Public Works Department, MacArthur Blvd Paving Improvements 2026-2027
PROJECT SCHEDULE
1.5.1 GENERAL
A. The table below lists the time frames associated with each major project deliverable and with
the SANITATION DISTRICT’s review and approval of those deliverables. CONSULTANT shall comply with the deadlines indicated in that table.
B. The SANITATION DISTRICT’s Project Manager will issue a Preliminary Design Notice to Proceed (NTP). The SANITATION DISTRICT’s Project Manager (PM) will also issue a Final Design NTP upon the SANITATION DISTRICT’s acceptance of the final Preliminary Design Report.
1.4
1.5
December 2020 7-68 – Design SOW Page 6 of 31
C. The time frames specified below are used to estimate the actual milestone dates based on the assumed NTP date, as shown in Exhibit 8 - Project Schedule Calculation.
D. The SANITATION DISTRICT will consider an alternative CONSULTANT-proposed schedule provided it is consistent with SANITATION DISTRICT resources and schedule constraints and adds value to the SANITATION DISTRICT.
PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
Kickoff Meeting The kickoff meeting will be scheduled to coincide with the Preliminary Design NTP
Preliminary Design NTP
Kickoff Meeting The kickoff meeting will be scheduled to coincide with the Preliminary Design NTP
Submit draft Preliminary Design Report (PDR) 120 working days from receipt of Preliminary Design NTP. CONSULTANT shall establish a schedule with the SANITATION
DISTRICT’s PM for separately submitting working drafts of each design memo for SANITATION DISTRICT review prior to completing
the draft PDR. This schedule shall factor in the logical sequence for completing the memos as well as both CONSULTANT and
SANITATION DISTRICT resources
OCSD Review of Draft PDR 15 workdays from receipt of Draft PDR
Submit Final Preliminary Design Report 20 working days from receipt of SANITATION DISTRICT Comments on Draft PDR
Final Design NTP
SANITATION DISTRICT will issue Notice to Proceed with final design at a kickoff meeting following acceptance of the Final Preliminary
Design Report
Submit Design Submittal 1 (DS1) No submittal required
OCSD Review of DS1 N/A
Submit Design Submittal 2 (DS2) 50 workdays from NTP
OCSD Review of DS2 15 workdays from receipt of DS2
Submit Design Submittal 3 (DS3) 50 workdays from receipt of SANITATION DISTRICT comments on DS2
OCSD Review of DS3 15 workdays from receipt of DS3
Submit Final Design
Submittal (FDS)
50 workdays from receipt of SANITATION DISTRICT comments on
DS3. CONSULTANT shall stop work upon submission of DS3, except as required to participate in SANITATION DISTRICT meetings, until receipt of SANITATION DISTRICT comments on DS3
OCSD Review of FDS 15 workdays from receipt of FDS
Final Technical Specifications and Plans 20 workdays from receipt of SANITATION DISTRICT comments on FDS
2. PHASE 2 – PRELIMINARY DESIGN
The preliminary design phase will define the project. The final deliverable of this phase will be a Preliminary Design Report (PDR) with the basis of design for all elements of the project.
PRELIMINARY DESIGN EXECUTION 2.0
December 2020 7-68 – Design SOW Page 7 of 31
PREDESIGN EVALUTION STUDIES (NOT USED)
PRELIMINARY DESIGN PRODUCTION
2.2.1 GENERAL
A. Preliminary Design Report (PDR) production involves the preparation of design memos, drawings, calculations, and other supporting material resulting in the PDR.
2.2.2 DESIGN MEMOS
A. The CONSULTANT shall produce Design Memos as indicated below in accordance with Exhibit 1 - Preliminary Design Report Requirements. The CONSULTANT shall discuss the combining of design memos with the SANITATION DISTRICT and develop a design memo submittal list.
☐Process Design Configuration
☐Design Configuration
☐Redundancy
☐Monitoring and Sampling
☐Process Flow Diagrams
☐Operating Philosophies
☐Site and Facility Layouts
☐Preliminary Load Criticality Ranking Table
☒Hydraulic Analysis MacArthur Pump Station and Force Mains
☒Hydraulic Analysis
☐Hydraulic Profile
☒Demolition
☒Describe Demolition Requirements
☐Demolition List
☐Demolition Plans
☐Demo EID
☐Rehabilitation Requirements
☒Geotechnical Data Report
☒Geotechnical Borings
☒Review of Existing Data - Preliminary Geotechnical Report
☒Geotechnical Data Report and Recommendations
☒Civil Design Parameters
☒General Civil
☐Drainage Requirements
☐Corrosion Protection Requirements
☒Utility Requirements
☒Records Research and development of Utility Base Map
☒Non-destructive utility locating investigations
☒Potholing (anticipate 10 potholes during Preliminary Design)
☐Structural Design Parameters
☐Architectural Design Parameters
Note: Develop up to [three] alternative concepts for review and acceptance
☐Process Mechanical Design Parameters
☐Building Mechanical Design Parameters
☐Fire Protection
☐Fire Protection Requirements
2.1
2.2
December 2020 7-68 – Design SOW Page 8 of 31
☐Fire Water Flow Analysis
☐Fire Protection Requirements for Existing Facilities
☐Electrical
☐Codes/standards. Brief description of electrical system. Electrical drawings.
☐Identify Electrical System Impacts
☐Report – Data Collection and Verification
☐Preliminary Load List
☐Preliminary Standby Power Requirements
☐ETAP – Preliminary Short Circuit Analysis and Load Flow/Voltage Drop Studies
☐ETAP – Provide Data. The SANITATION DISTRICT will perform ETAP studies.
☐Preliminary Analysis for cable pull calcs, ductbank cable derating, cable tray fill calcs.
☐Hazardous Area Classification Requirements
☐Instrumentation and Control
☐Instrumentation and Control System
☐Specialty Safety Systems
☐Preliminary SAT
☐PLC and RIO Panel Location Map
☐CCTV Coverage Map
☐Landscaping
☐Landscaping Requirements
☐Develop up to [three] alternative concepts for review and acceptance
☐Plant Utility Investigation Findings
☐Vibration Analysis
[Perform vibration analysis for the following equipment: 1. Equipment 1 2. Equipment 2 3. Equipment 3] [(See revised Engineering Design Guidelines Chapter 06, MECHANICAL DESIGN,
Section 06.7 “Vibration Analysis for Rotating Electrical Equipment” located at the end of the SOW)
☒Collections Basis of Design
☒Codes and Standards
☒Hydraulic Analysis
☒Pipeline Basis of Design
☒Manhole Basis of Design
☒Hydraulic Profiles
☐Collections Rehabilitation Alternatives
☐Pipeline Rehabilitation
☐Manhole Rehabilitation
☒Collections Pipeline Design
☒Design Memo Items 1, 2, 3, etc.
☐Open cut vs. Trenchless Technologies
☐Trenchless Technologies at Major Closings
☒ Provide 3 viable alignment options
☒Collections Utility Investigation Findings
☒Collections Conceptual Traffic Control
☐AHJ and Traffic Control Identification
☐Basis for Traffic Control Strategy
☐Traffic Analysis
☒Traffic Control Plans
December 2020 7-68 – Design SOW Page 9 of 31
☐Design Safety Requirements
☐Design Safety Requirements
☐Identify all potential project specific safety issues
☐Identify all potential Cal/OSHA and OCSD safety issues
☐Identify construction safety hazards
☐Use Sample Full Project Safety Review Plan to verify safety elements
☐Risk Management Check List to verify safety elements
☐HAZOP
☒Public Impacts
☒Environmental and Regulatory Requirements
☒CEQA Part of Programmatic EIR
☐CEQA work
☐Determine project environmental and regulatory requirements
☐Matrix of CEQA and Permit Requirements
☐Mitigation, Monitoring and Reporting List
☒Permit Requirements
☒List of Permits Required
☐Oil Well Abandonment
☒Stormwater Requirements
☐Hazardous Material Survey, Mitigation and Control
☐Maintainability
☐Define Maintainability Requirements
☐Maintainability Requirements Plan Drawings
☐Define Maintainability Rules
☐Define Maintainability Information for Project Specific Equipment
☐Facility Operation and Maintenance
☐Facility O&M Requirements
☐Operating Philosophies
☐Preliminary Assessment of O&M Staffing Requirements
☒Implementation Plan
☒Identification of Adjacent Projects
☐Preliminary Commissioning Checklist
☒Preliminary Construction Sequencing Plan
☒Review of Constructability Issues
☒Temporary Handling of Flow
☒Construction Odor Monitoring and Mitigation
☒Preliminary Technical Specification List
2.2.3 PRELIMINARY DESIGN DRAWINGS
A. The CONSULTANT shall produce the following Preliminary Design Report drawings in accordance with Exhibit 1 - Preliminary Design Report Requirements.
☒General
☒Demolition
☒Civil
☐Landscape
☐Structural
☐Architectural
☒Mechanical
☐Electrical
December 2020 7-68 – Design SOW Page 10 of 31
☐Instrumentation and Control
2.2.4 PRELIMINARY DESIGN REPORT (PDR) PRODUCTION, CONTENTS AND ORGANIZATION
A. Preliminary Design Report (PDR) Production involves the preparation of design memos,
drawings, calculations, and other supporting material resulting in the PDR.
B. The CONSULTANT shall combine the materials described below into a draft PDR. The PDR shall be structured as outlined below, with the contents corresponding to the tasks listed in this SOW.
Preliminary Design Report Design Memos Drawings (see Preliminary Design Drawings list below) Submittal Documentation List of Proposed Specifications Sections Calculations Product Data & Catalog Cuts Decision Log Meeting Minutes
C. The Executive Summary shall summarize the conclusions of the Memos included in the report, and specifically include a summary construction schedule and construction cost estimate.
D. The draft PDR and final PDR shall be submitted in searchable PDF format legible on-screen
and as a hard copy. The labeling and organization of the PDF submittal shall be in accordance with Exhibit 14 - Bluebeam Designer Training for Submission.
E. Each design memo shall be a separate file.
F. The SANITATION DISTRICT’s PM may request that the CONSULTANT submit an electronic proof set of the Draft PDR and Final PDR in order to initially confirm that the submittal is ready.
2.2.5 PRELIMINARY DESIGN COST ESTIMATE
A. The CONSULTANT shall provide a cost estimate for the associated PDR submittal indicated
below in accordance with Exhibit 1 - Preliminary Design Report Requirements.
PRELIMINARY DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified
subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants, including reviewing their work products prior to submission to the SANITATION DISTRICT.
2.3.1 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS
A. The CONSULTANT shall identify easement and property boundary requirements and
prepare all easement documents, including performing any field investigations and survey required to identify and prepare easements.
B. Unless otherwise directed, the CONSULTANT shall identify, survey, and show all property boundaries, and all existing and proposed easements, within and/or adjacent to the project
boundaries.
C. CONSULTANT shall show and explicitly identify the limits of work for all portions of the project, including any restrictions to the work allowed in any area, e.g., whether the area can be used for parking or laydown.
D. All survey research and survey field work shall be performed by a Professional Land Surveyor licensed by the State of California.
2.3.2 TOPOGRAPHIC SURVEY
2.3
December 2020 7-68 – Design SOW Page 11 of 31
A. CONSULTANT shall conduct field and aerial surveys as required. Topographic information used on the construction plans shall be generated from a field survey and an aerial mapping process. The SANITATION DISTRICT will not provide the aerial survey information to the CONSULTANT for use on the project.
B. Prior to beginning design, CONSULTANT shall prepare the scope of work for field and aerial surveys required for all applicable Project Elements. CONSULTANT shall establish both vertical
and horizontal control for the project. The field survey shall be used to establish both horizontal and vertical alignment of the facilities and shall note all survey monuments, topographic features, property lines, and elevations. The basis of bearings and benchmarks shall be indicated on the drawings. Control shall meet or exceed NGVD 88 requirements and shall be based on the Plant Local Coordinate System and datum. CONSULTANT’s project schedule shall account for the above.
C. The aerial topography shall be required to meet the following criteria:
1. The final product shall be delivered in AutoCAD.
2. The CAD file shall adhere to the CAD Manual. The SANITATION DISTRICT shall be given the opportunity to review and comment on the compliance to the CAD Manual.
3. Site contours shall be in 1.0-foot intervals.
4. Contour and spot elevations shall be 3D; all other features shall be 2D.
5. CONSULTANT shall include the survey-related documents with the Design Support Documentation portion of the Design Submittals as specified in the Engineering Design
Guidelines, Appendix A, Section A.3.19 “Project Support Documentation (PDS)”.
D. Control Surveys for Collection Systems
1. General: Topographical information used on the construction plans shall be generated from an aerial mapping process. CONSULTANT shall provide for the aerial
and field surveys necessary for the mapping process for all applicable Project Elements of the project SOW and shall provide for the aerial mapping. Providing for the process includes paying for, coordinating and designing the aerial and horizontal/vertical control surveying for the preliminary and final design. CONSULTANT’s responsibilities for the
surveys include generating any subconsultant scopes of work, data interpretation and preliminary design. All survey work is to be done under the direction and control of a
Professional Land Surveyor, licensed by the State of California.
2. Aerial Survey: The aerial photography shall have sufficient coverage for the digital topographic mapping. The photo scale of the aerial photography shall not be more than 100 feet per inch for pipeline work or 20-feet per inch for pump stations. Stereo pairs of
photographs shall be furnished to the SANITATION DISTRICT.
3. Phasing of Work: Other than the aerial and topographic survey work, the balance of
the survey work shall not commence until the design phase of the project has been authorized or concurred to by the SANITATION DISTRICT.
4. Field Survey Aerial: A field survey shall be used to establish both horizontal and vertical control for the project. Control shall meet or exceed NGVD 88 requirements and
shall be based on California State Plan Coordinates (NAD 83) including the 1995 O.C.
surveyor’s adjustments. A sufficient number of points shall be used to accurately complete the digital topographic modeling. No less than five control points per stereo model shall be used.
5. Aerial Field Survey Inclusions: The field survey shall include all survey monuments, topographic features, easements, property lines, culture, and elevations on the plan and
profile sheets. All covers, including the existing sewer manholes, storm drain manholes, and utility and valve vaults shall be identified and marked in the field.
December 2020 7-68 – Design SOW Page 12 of 31
6. SANITATION DISTRICT Review Aerial Survey Line: The general location and alignment of the survey line shall be submitted to the SANITATION DISTRICT prior to performing the field survey. Survey work shall not commence until authorized or concurred to by the SANITATION DISTRICT. CONSULTANT shall be responsible for obtaining and paying for the field survey services.
7. Field Survey Base Line: The field survey shall establish a base line for construction
purposes for pipeline work equal to or greater than 500-feet in length. The line will be used to define the proposed design, in terms of station and offset, and to establish the bearings for right-of-way. The survey line shall be set on 100-foot stations and shall be tied to the established aerial control. The field survey shall tie in all controlling monuments within the map limits and all street centerline intersections. The ties shall be express in both State Plane Coordinates and as station and offset.
8. Manhole Information: The field survey shall also include the measurement of the invert and manhole rim elevations of all existing sewers within the project reach. The
size, orientation and invert of any pipe connections shall also be recorded.
9. Base Map: The base map index contours shall be spaced at 5 feet vertically and the
immediate contours shall be spaced at one-foot contour intervals. The mapping shall include digital topographic mapping. The digital format shall be compatible with the
SANITATION DISTRICT’s Graphic Information System. All surface features, including those hidden from aerial view shall be incorporated into the digital mapping.
10. Plan and Profile Sheets: CONSULTANT shall prepare plan and profile sheets based upon the aerial mapping. The scale for plan and profile sheets shall be one inch equals
forty feet (1” = 40’) horizontal and one inch equals four feet (1” = 4’) vertical. An aerial photographic (photo strip) with the alignment shall be included. The plan view shall be
separate from the photo strip. Intersections shall be adequately detailed at a scale of one inch equals ten feet (1” = 10’) or one inch equals twenty feet (1” = 20’). Manholes and other details shall be drawn at a scale that is adequate to provide clarity and sufficient detail for construction. The pump station construction drawings shall be drafted at scales
of 1/8” = 1’ to 1” = 20’, as adequate, to allow for sufficient detail to be shown. The basis of bearings and benchmarks shall be indicated on the drawings,
11. Survey Note Submittal: CONSULTANT shall submit two bound copies of all survey notes and data used to establish vertical and horizontal control. The information submitted shall be suitable for use to establish construction controls. If additional property and/or right-of-way are required, CONSULTANT shall identify property and/or
rights-of-way to be acquired. CONSULTANT shall prepare legal descriptions and plats for easements and property to be acquired during the final design phase of the project.
2.3.3 TRAFFIC CONTROL SERVICES
A. CONSULTANT shall secure the services of a Subconsultant to determine the traffic control requirements and prepare plans for all utility investigations including potholing, geophysical investigations and geotechnical investigations and assist corresponding subconsultants in
obtaining approval from the City of Newport Beach.
2.3.4 GEOTECHNICAL INVESTIGATION
A. CONSULTANT shall secure the services of a qualified Geotechnical Engineering firm to prepare a Geotechnical Data Report that addresses geotechnical concerns for all applicable
Project Elements of the project SOW.
B. Soil Explorations
1. The geotechnical services shall include exploratory work such as soil borings necessary to observe, test, classify soils, and monitor groundwater levels and potential
groundwater pollutants of concern.
December 2020 7-68 – Design SOW Page 13 of 31
2. The number and spacing of borings shall be based on the geotechnical
professional’s interpretation of needs and recommendation; however, a maximum of one thousand feet (1,000) shall be allowed between pipeline alignment borings along a pipeline alignment.
a. If unexpected or unique soils are encountered, an adequate number of borings shall be taken to try and define the limits of the anomaly.
3. Borings shall also be taken at or near the upstream and downstream connection points for the proposed facility.
4. The depth of the borings shall be adequate to characterize the soils to a depth of at least five feet below the bottom of an excavation or any proposed sewer invert elevation. At least two borings shall extend ten feet below the proposed excavation bottom or sewer invert.
C. Soil Sampling
1. Soil samples for testing shall be collected as needed based upon CONSULTANT’s professional judgment. However, samples intervals shall not exceed two-foot depth intervals alternating SPT and RING samples in each boring. If borings are taken near
existing sewers, samples shall be taken and delivered to the SANITATION DISTRICT for testing for coliforms to determine if sewers are leaking.
D. Soil Exploration Locations
1. The location of all soil explorations shall be plotted on a map and attached to the Geotechnical Report. Preferably, the explorations shall include survey coordinates consistent with the project survey. Complete logs of the soil profiles shall be included in
the report.
2. . Work conducted outside the SANITATION DISTRICT’s treatment plant shall
comply with the requirements of the local jurisdiction.
2.3.5 UTILITY INVESTIGATION
A. To better manage the risks associated with construction excavation, CONSULTANT shall perform a thorough search of all utilities impacted by the work for all applicable Project Elements
of this SOW, regardless of size and all other facilities above or below ground. Utilities include all, utility company-owned and public agency-owned piping, duct banks, and other interferences.
The search shall include utilities within the public right-of-way, and those located on private property and SANITATION DISTRICT property impacted by the proposed project. The search shall include the records and plans of the SANITATION DISTRICT and all respective public and private companies and utilities.
B. Review of SANITATION DISTRICT Records
1. The SANITATION DISTRICT’s “As-built/Record” plans may be incomplete or
inaccurate with respect to the routing of individual utilities, pipelines, etc. in the vicinity of the project. CONSULTANT shall check SANITATION DISTRICT records against those of the other agencies, companies, and utilities. These may include, but not be limited to, oil, gas, fuel, water, and sewer pipelines, traffic control facilities, telephone and electrical
conduit and duct banks, storm drains, manholes, and other structures.
C. Review of Outside Agency Records
1. CONSULTANT shall contact, in writing, all jurisdictional agencies and utility owners to inform them of the SANITATION DISTRICT’s project. CONSULTANT shall request
plans showing all the agency’s or utility’s facilities, pipelines, etc. in the project area. CONSULTANT shall also request plans and schedules for all proposed construction in
the project areas. CONSULTANT shall develop a schedule to minimize project conflicts and/or coordinate SANITATION DISTRICT projects with local agencies.
December 2020 7-68 – Design SOW Page 14 of 31
2. CONSULTANT shall personally visit each agency/company and search through all available plans, files, and documents. CONSULTANT shall meet with applicable field staff from each agency to confirm the completeness of their research. Abandoned utilities shall also be considered.
3. CONSULTANT shall document the contacts and information requested and received, including that from Underground Service Alert (USA). The SANITATION DISTRICT shall
be copied on all correspondence between CONSULTANT and public and private agencies, and utility companies. CONSULTANT shall submit a copy of all documentation to the SANITATION DISTRICT with an itemized submittal letter. CONSULTANT’s PM shall sign the transmittal cover letter and the cover letter shall confirm that CONSULTANT has sent a representative to each agency/company/utility, performed on-site inspections for each utility, and has listed the utilities.
4. CONSULTANT shall contact USA and request a Substructure listing for the project area.
D. On-Site Inspection
1. An on-site inspection shall be made in the project area. During the on-site
inspection, a senior-level CONSULTANT representative shall walk the site accompanied by the SANITATION DISTRICT’s Project Engineer (PE) and Supervising Inspector. The
CONSULTANT representative shall be experienced in the location and identification of utilities in the field. During the on-site inspection, the CONSULTANT shall document all visible features that indicate utilities within the project area and compare them with the available utility plans.
E. Utilities for Adjacent Properties
1. CONSULTANT shall investigate all utilities serving properties adjacent to the work,
and submit a spreadsheet at the end of the utility research accounting for all anticipated utilities for SANITATION DISTRICT review, with the following information:
a. List all utilities anticipated or each adjacent property.
b. Indicate whether or not each such utility was found on as-built drawings of any
agency, with an identification of the agencies identifying such utility.
c. Indicate whether or not the utility was field located by utility through USA process,
and, if so, by which agency.
F. CONSULTANT shall provide all required stamped traffic control plans as part of the encroachment application process required by all cities for use during the geophysical investigations, potholing, geotechnical borings, and field investigations.
G. Subsurface Utility Investigations
1. Investigation of existing utilities shall be in accordance with the respective ASCE
guidelines, except as amended by this SOW. A brief description of the ASCE guidelines defines the Quality Level of detail for researching subsurface utilities as follows:
a. Quality Level D: Information derived from existing records or oral recollections.
b. Quality Level C: Information obtained by surveying and plotting visible above-
ground utility features and by using professional judgment in correlating this information to Quality Level D information.
c. Quality Level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate position of
subsurface utilities. Quality Level B data shall be reproducible by surface geophysics, such as ground penetrating radar, at any point of their depiction. This information is
surveyed to applicable tolerances and reduced onto plan documents.
December 2020 7-68 – Design SOW Page 15 of 31
d. Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed subsurface and surveyed utilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on the plan documents. Accuracy is typically set to 15-mm vertical
and to applicable horizontal survey and mapping accuracy.
2. Refer to CI/ASCE 38-02, Standard Guidelines for Collection and Depiction of Existing
Subsurface Utility Data for details.
3. CONSULTANT shall determine all utilities impacted by the work for all applicable Project Elements of this SOW. Utilities include utility company-owned, and public agency-owned piping, duct banks, and other interferences. All utilities encountered
during the preliminary design shall be shown on the plans. Plans shall show concrete encasements and steel casings on existing utilities as well as abandoned facilities.
4. Subsurface investigation for all utilities in and around the work area shall be performed to Quality Level D and Quality Level C. All utilities shall be plotted both in plan
and profile on a scaled drawing that can later be incorporated into scaled (1” = 40’) plan drawings.
5. CONSULTANT shall submit, for acceptance by the SANITATION DISTRICT, recommendations on which utilities should be investigated to Quality Level A and where Quality Level B investigations should be performed. As part of the submittal, a Potholing Plan and Geophysical Investigation Plan shall be developed including proposed pothole
locations and type of geophysical investigation.
6. Prior to the SANITATION DISTRICT’s acceptance of the Potholing Plan/Geophysical
Investigation Plan, a project field walk by the CONSULTANT PM, SANITATION DISTRICT PE, Supervising Inspector, and other designated SANITATION DISTRICT personnel shall be performed.
H. Potholes and Geophysical Investigation
1. CONSULTANT shall secure the services of a subcontractor to perform the pothole work and geophysical investigation (including ground-penetrating radar).
2. CONSULTANT shall “pothole” and perform geophysical investigation on all utilities described and shown in the accepted Potholing Plan/Geophysical Investigation Plan. CONSULTANT’s staff shall be on-site during potholing to provide direction to potholing crew. SANITATION DISTRICT staff shall also be present during potholing. Field
investigations include visiting the project work site and each utility to verify the location of all interferences.
3. CONSULTANT shall provide all the related work necessary, including, but not limited to:
a. Documentation of information
b. Notification of USA’s “Dig Alert”
c. Providing field survey
d. Obtaining required permits
e. Submission of traffic control plans
f. Setting up traffic control
g. Soft dig potholing
h. Ground-penetrating radar
December 2020 7-68 – Design SOW Page 16 of 31
i. Excavating
j. Backfilling
k. Repairing pavement to local jurisdiction requirements
4. “Soft” excavation potholing methods such as vacuum extraction is preferred; however, excavation methods shall be chosen to adequately define the utility. Crosscut trenches may be preferred for defining some utility locations. Hydro-jetting soft dig
should be avoided in sandy, wet, and contaminated soil conditions.
5. Potholing subcontractor shall measure and document the depth of pavement and of
base material at each pothole, and every five feet along crosscut trenches.
6. Work conducted outside the SANITATION DISTRICT’s treatment plant shall comply with the requirements of the local jurisdiction.
7. CONSULTANT shall provide a licensed land surveyor or hire a licensed survey
subcontractor(s) to field-locate the actual horizontal and vertical location of the constructed potholes. Survey controls shall be set and coordinated with the survey controls used on previous construction drawings. City of Newport Beach and Orange County control points shall be checked; northing, easting and elevation data for each
pothole shall be shown on the Contract Drawings; and physical tie-ins provided in order to easily re-establish pothole locations after construction. CONSULTANT shall supply
and supervise survey work and subcontractors needed to perform the pothole work. Survey datum differences shall also be reconciled.
8. The results of potholing and geophysical efforts shall be summarized in a field findings report.
9. CONSULTANT shall backfill and repair potholes consistent with the requirements of the local jurisdiction. If CONSULTANT is unable to determine local jurisdiction
requirements prior to the proposal, CONSULTANT shall assume the following requirements:
a. The materials removed from the excavation may not be used for backfill, unless approved by the local jurisdiction. If approved, excavated material used to fill potholes
shall be placed with a maximum lift thickness of four inches and mechanically compacted.
b. If not approved, the CONSULTANT shall be responsible for hauling off and disposing of excavated pothole material. In this case, excavation holes shall be filled with a cement slurry mix from the bottom up. The excavated materials shall be tested for hazardous materials and disposed of offsite accordingly. Testing shall be the
minimum required for classifying the materials. The potholing samples shall be tested by a California Environmental Laboratory Accreditation Program (ELAP) certified
laboratory to identify characteristics of hazardous waste. A substance shall be considered hazardous if it possesses properties of toxicity, ignitability, corrosivity and/or reactivity per California Code of Regulations Title 22, Section 66261. In addition, at Minimum, the laboratory testing shall include an on-site Organic Vapor Analyzer (OVA)
test for potential hydrocarbon contaminants. Should the OVA reading be equal to or greater than 45 ppm, further laboratory Minimum testing shall be performed to include Benzene, Toluene, Ethyl Benzene, and Xylene (BTEX) test per EPA guideline 8020 and Total Hydrocarbons (TPH) tests per EPA guideline. should the OVA reading be equal to
or greater than 45 ppm.
c. AC pavement shall be replaced to full depth or the structural section (AC & Base)
plus two inches with hot mix asphalt unless otherwise required by Newport Beach. Cold mix shall only be allowed when the patch will be replaced by the project and where
approved by Newport Beach.
December 2020 7-68 – Design SOW Page 17 of 31
d. Concrete pavement shall be replaced to full depth plus two inches with Portland cement unless otherwise required by Newport Beach.
I. Quantitative Assumptions
1. CONSULTANT’s Fee Proposal shall include a cost for potholes and unit cost for additional potholes. The cost shall provide for a minimum of 10 potholes during preliminary design and 10 potholes during final design.
2. CONSULTANT’s Fee Proposal shall include a cost for geophysical investigation. The cost shall provide for a minimum of 25,000 square feet during preliminary design
(length of alignment x 10 ft width).
J. Relocation of Existing Utilities
1. Project work that requires other agencies to relocate existing utilities shall be coordinated during design by CONSULTANT.
2.3.6 PUBLIC RELATIONS
A. The SANITATION DISTRICT shall conduct all public outreach activities required during
preliminary and final design phases.
2.3.7 ENVIRONMENTAL DOCUMENTATION
A. CONSULTANT services related to Environmental Documentation may span across Phase 2
– Preliminary Design and Phase 3 - Design. When such services are required, they shall be
based on the requirements of Section III – Project Schedule and based on the following requirements. The CONSULTANT shall allocate the budgeted hours between the Environmental Documentation services in Phase 2 and Phase 3 based on when these services will be required.
B. CEQA Documentation Support
1. This project is covered under the Facilities Master Plan Programmatic Environmental Impact Report. A Notice of Determination (NOD) will be filed for the project after Board approval of the construction contract. The CONSULTANT is to incorporate applicable components of the MMRP into the design and specifications of the contract documents.
C. Review of Existing CEQA Documentation
1. The SANITATION DISTRICT has adopted the CEQA documentation in the course of
various programs and projects. These CEQA documents may cover or impact the proposed work on this project.
a. CEQA Programmatic Environmental Impact Report for 2017 Facilities Master Plan
2. CONSULTANT shall identify features of the proposed Project Work as described in
the Preliminary Design Report that would require revisions to these CEQA documents. CONSULTANT shall also recommend what further studies or CEQA work would be
warranted by the changes.
D. Mitigation, Monitoring and Reporting Program Compliance
1. The SANITATION DISTRICT prepared a Mitigation, Monitoring, and Reporting Program (MMRP) for this project. CONSULTANT shall prepare the following material
related to compliance with the MMRP:
a. An MMRP Design Compliance Table that lists the particular construction contract document General Requirement, technical specification, or drawing that addresses each MMRP requirement. Exhibit 13 shows the template to be used to prepare the Design
Compliance Table.
December 2020 7-68 – Design SOW Page 18 of 31
2. The CONSULTANT shall develop a checklist of all applicable construction-phase and post-construction phase monitoring and reporting requirements originating from the
following:
E. The checklist shall include the following:
1. Applicable EIR Mitigation Measure numbers
2. Descriptions of Mitigation Measures
3. How Mitigation Measures will be included in Bid Documents
4. Frequency of monitoring during construction
5. Notes
F. See Exhibit 13 - MMRP Log Template.
G. CONSULTANT shall also provide the SANITATION DISTRICT a list of special equipment, specialty inspector qualifications, or sampling or testing firms that may be needed by the
SANITATION DISTRICT for enforcement of the MMRL during construction. This information shall be included in narrative form attached to the MMRL.
2.3.8 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance may span across Phase 2 –
Preliminary Design and Phase 3 - Design. When such services are required, they will be based on the requirements of Section III – Project Schedule and the schedule constraints associated
with each particular permit. The CONSULTANT shall allocate the budgeted hours between the Environmental Documentation services in Phase 2 and Phase 3 based on when these services
will be required.
B. For all applicable Project Elements of this SOW, CONSULTANT shall provide Bid
Documents that ensure that the facility features and the facility performance, and construction procedures comply with all conditions of existing permits and permits required to construct this
project. Construction drawings, specifications and supplemental drawings shall be prepared, as necessary, in the format required to obtain all permits.
C. CONSULTANT shall assist the SANITATION DISTRICT in obtaining permits. This assistance shall include completing application forms provided by the SANITATION DISTRICT,
preparing supporting documentation for the permit applications as required by the issuing agency, furnishing the required number of copies of all construction drawings and exhibits, and
attending meetings with permitting agencies at the request of the SANITATION DISTRICT.
D. With the exception of construction contractor-furnished permits, SANITATION DISTRICT staff will execute all applications. All permit fees will be paid directly by the SANITATION DISTRICT and will not be part of CONSULTANT’s fee.
E. CONSULTANT shall submit all supporting documentation in a timely fashion for all permits required for this project as described below.
F. Stormwater Permitting
1. CONSULTANT shall prepare the specification for Stormwater Pollution Control Plan
using the SANITATION DISTRICT’s respective master specification as a starting point.
2.3.9 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution, schedule, budget, subconsultants, and coordination with other projects. The CONSULTANT shall perform the project management requirements in accordance with Exhibit 3 - Project Management Requirements with the project specific options identified below.
B. Project Management Plan (PMP):
December 2020 7-68 – Design SOW Page 19 of 31
☒Not required
☐Required
☐PMP approval prior to beginning technical work on the project.
C. Project Logs
☒Major Decision Log
☒Project Decision Log
☒Action Item Log
☒Decision Issues Log
☒Meeting Log
☐Risk Management Log
D. Progress Report, Status of Cost Model
☐Not required
☒Required
E. Project Invoices
1. Estimating earned value, tasks shall be further broken down to subtasks of no more than $100,000.
2. Costs for invoicing shall be grouped into the following work packages:
Work Package Description Tasks
3146 Preliminary Design All Phase 2 tasks
3158 Environmental Documentation Task 2
3250 CONSULTANT Services During Design Tasks 3.6 through 3.12
3251 Design Submittal 1 Tasks 3.1 through 3.4, divided into effort by design submittal. FDS is charged against DS3. 3252 Design Submittal 2
3253 Design Submittal 3
3254 Bid Support Services Task 3.5
2.3.10 RISK MANAGEMENT
A. When required below, CONSULTANT shall provide risk management in accordance with Exhibit 4 - Risk Management Requirements with the project specific options identified below.
B. Risk Management:
☒Not required
☐Required
☐Initial Risk Workshop
☐PDR Risk Management Workshop: 2 hours. held 4 weeks prior to draft PDR at
SANITATION DISTRICT)
2.3.11 QUALITY CONTROL
A. The CONSULTANT shall provide quality control requirements in accordance with Exhibit 6 - Quality Control Requirements.
December 2020 7-68 – Design SOW Page 20 of 31
PDR WORKSHOPS AND MEETINGS
2.4.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in
accordance with Exhibit 5 - Workshop and Meeting Requirements.
2.4.2 PDR PRODUCTION WORKSHOPS
A. Predesign Kickoff Workshop
1. A one -hour project kick-off meeting/virtual teams meeting shall be held with
SANITATION DISTRICT staff to introduce principal members of the SANITATION DISTRICT and CONSULTANT’s teams. The discussion topics shall include:
SANITATION DISTRICT responsibilities, CONSULTANT’s responsibilities, invoice
procedures, personnel badges, parking, site access, CONSULTANT’s SOW, detailed
project schedule with milestones, Work Breakdown Structure requirements, and SANITATION DISTRICT confined space and other safety policy training.
B. Two PDR Production Workshops shall be held during Preliminary Design to review project progress during PDR Production. The subjects to be covered in each workshop are discussed below. Each workshop shall be 2 hours in length.
C. PDR Production Workshops shall be held during Preliminary Design to review the topics
listed below. The list below also indicates the number of workshops to be held to cover the specific topic. Unless otherwise noted, each workshop shall be 2 hours in length.
PDR PRODUCTION WORKSHOPS
TOPIC NUMBER OF WORKSHOPS
PDR Kickoff 1
PDR Production Workshops 2
Design Parameters 1
Geotechnical 1
Utility Investigations 1
Implementation Plan and Sequencing Constraints 1
2.4.3 PDR REVIEW WORKSHOPS
A. CONSULTANT shall hold the following workshops to review the draft Preliminary Design Report as required in Exhibit 5 - Workshop and Meeting Requirements:
1. Draft PDR Presentation Workshop
2. Draft PDR Review Workshop
2.4.4 PDR CONSTRUCTABILITY WORKSHOP
A. A constructability workshop shall be held after the draft PDR submittal review to identify any fatal flaws in the design relative to constructability. Some of the subjects that shall be covered in this workshop include the following; conflicts between design disciplines, geotechnical considerations, construction sequencing, permitting, and other local conditions and constraints.
B. This workshop shall be held at SANITATION DISTRICT facilities and shall generally be 2 hours in length. SANITATION DISTRICT and CONSULTANT staff shall attend this workshop.
C. CONSULTANT shall be responsible for completing the following tasks relative to the workshop:
2.4
December 2020 7-68 – Design SOW Page 21 of 31
1. Prepare package for constructability review workshop participants. The package shall consist of detailed plans and specifications and other information selected by
CONSULTANT.
2. Prepare presentation on the project.
3. Summarize the constructability review workshop comments and action taken on each comment in a memorandum.
4. All comments and recommendations of the workshop shall be incorporated into Implementation Plan Design Memo and the Bid Documents.
2.4.5 TECHNICAL PROGRESS MEETINGS
A. Technical Progress Meetings shall be held every 4 weeks to review various issues with the SANITATION DISTRICT’s project team. A total of 7 meeting shall be held during Preliminary Design Phase. The CONSULTANT shall coordinate with the SANITATION DISTRICT PM to
determine what topics will be covered in what meetings, and what SANITATION DISTRICT and CONSULTANT team members are required for each.
2.4.6 FOCUSED MEETINGS
A. Focused meetings shall be held throughout preliminary design to discuss specific issues in
detail and generate comments and direction from SANITATION DISTRICT staff. The following tentative list of topics may be covered in these meetings:
1. Permits
2. Potholing
3. Utilities and utility tie-ins
4. Construction sequencing
5. Additional meetings as necessary
B. Meeting lengths shall be as required to cover the topic in question. Depending on subject
matter and attendees, one meeting may cover multiple subjects. CONSULTANT shall determine how many meetings will be needed to cover these topics. CONSULTANT may suggest additional topics, as necessary. Supplementary meetings may be scheduled with SANITATION DISTRICT staff, as necessary to allow coordination between CONSULTANT and SANITATION
DISTRICT staff.
3. PHASE 3 – DESIGN
BID DOCUMENTS
3.0.1 GENERAL
A. CONSULTANT shall provide engineering services to prepare biddable plans, technical specifications, and other Bid Documents as required based on the design concepts and criteria developed during Phase 2 - Preliminary Design. In this SOW, construction documents include specifications; drawings;
3.0.2 ENGINEERING DESIGN GUIDELINE UPDATES
A. All changes in the SANITATION DISTRICT’s Engineering Standards, the SANITATION DISTRICT’s Design Guidelines, and/or changes in design concepts and facility layouts as a result of SANITATION DISTRICT comments that may occur up to transmittal of SANITATION DISTRICT comments on Design Submittal 1 and 2, shall be incorporated into the Design by
CONSULTANT with no increase in CONSULTANT’s Not-to-Exceed upper limit on fees.
3.0.3 GENERAL REQUIREMENTS AND ADDITIONAL GENERAL REQUIREMENTS
3.0
December 2020 7-68 – Design SOW Page 22 of 31
A. The following are the minimum Additional GRs topics required for this project:
☒Summary of Work
☒Work Sequence
☒Work Restrictions
☒Permits
☒Environmental Restrictions and Controls
☒Measurement and Payment (includes Mobilization/Demobilization)
☐Seismic Design Criteria (for those restraints, supports, etc. to be design by the Contractor)
☒Shipping, Storage and Handling
☒Project Control Management System (PMWeb construction management software)
☐Equipment Service Manuals
☐Equipment and Instrument Database (EID)
☐Commissioning
☐Training of OCSD Personnel
☒Hazardous Materials Mitigation and Controls
☐Mold Remediation and Controls
3.0.4 DESIGN SUBMITTALS
A. The CONSULTANT shall produce the following design submittals as indicated below in
accordance with Exhibit 2 - Design Requirements. If a design submittal is eliminated, then the design submittal shall include the requirements associated with the required design submittal
along with the requirements associated with the previous unchecked design submittals.
☐Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
B. Continuing Work After Design Submittal Submission
☒CONSULTANT is expected to continue design work on the project while SANITATION DISTRICT staff reviews Design Submittal 1 and Design Submittal 2. For Design Submittal 3, CONSULTANT shall stop all design work until receipt of SANITATION DISTRICT comments on that submittal.
☐CONSULTANT is expected to stop design work on the project until SANITATION
DISTRICT staff completes the review of each Design Submittal.
3.0.5 CONSTRUCTION SUBMITTAL ITEMS LIST
☐The SANITATION DISTRICT will develop the Construction Submittal Items List in accordance
with Exhibit 2 - Design Requirements.
☒CONSULTANT shall develop the Construction Submittal Items List in accordance with
Exhibit 2 - Design Requirements.
3.0.6 TEMPORARY FACILITIES DURING CONTRUCTION
☐Temporary facilities and bypass pumping are not required.
☐Temporary facilities and bypassing during construction are required, as described under the
“Temporary Facilities During Construction” paragraph under the Project Elements and shall be described in words on the drawings and technical specifications.
☒Detailed plans and work sequence for temporary facilities and bypassing during construction,
as described under the “Temporary Facilities During Construction” paragraph under the Project Elements. CONSULTANT shall provide a bypass layout and corresponding drawings and update
December 2020 7-68 – Design SOW Page 23 of 31
Section 02999 Temporary Handling of Sewage Flows. Alternatives for pump station outage will also be required during the night or weekend to facilitate construction of the force mains.
DESIGN SUPPORT DOCUMENTATION
3.1.1 DESIGN SUBMITTAL SUPPORT DOCUMENTATION
A. The CONSULTANT shall provide a Design Submittal Support Documentation in accordance Exhibit 2 - Design Requirements.
B. Design Information
1. CONSULTANT shall include the following material with each Design Submittal:
a. CONSULTANT shall maintain the Project Logs specified under Phase 2 Project Management through Phase 3. Current copies of all logs shall be included with each
Design Submittal.
b. Written response log to SANITATION DISTRICT comments on the previous
submittal.
c. CEQA and Regulatory Compliance Matrix. This matrix shall list each applicable CEQA mitigation requirement and all known permit requirements with the corresponding description of how each requirement is to be satisfied. Measures to satisfy requirements
might be in the GRs, Additional GRs, particular specification requirements, or actions taken separately from the construction contract.
d. Calculations
e. Draft or final Geotechnical Reports not submitted in the previous submittal and those revised since the previous submittal.
f. All memos that may have been prepared since the previous submittal was delivered.
C. Facility Operation and Maintenance
☒Not required.
☐Update operating philosophies
☐Update estimates of Operations and Maintenance staffing requirements
D. Electrical Deign Documentation
☒Electrical design documentation not required.
☐Updated Electrical Load Criticality Table
☐Electrical Analysis Report
☐Load list for all equipment
☐Equipment sizing from three manufacturers for motor control centers, switchgear,
transformers, and power panels
☐Lighting calculations
☐Standby generator sizing calculations
☐Ductbank cable pulling tension, derating, and cable tray fill calculations
E. Power System Studies
☒ETAP not required.
☐Plant ETAP model for the project performed by the SANITATION DISTRICT.
☐Plant ETAP model for the project performed by CONSULTANT.
☐Electrical Systems Analysis Report performed by CONSULTANT.
3.1.2 CONSTRUCTION COST ESTIMATE
3.1
December 2020 7-68 – Design SOW Page 24 of 31
A. The CONSULTANT shall provide a cost estimates for the associated design submittal indicated below in accordance with Exhibit 2 - Design Requirements.
☐Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.3 CONSTRUCTION SCHEDULE
A. The CONSULTANT shall provide a Preliminary Construction Schedule for the associated design submittal indicated below in accordance with Exhibit 2 - Design Requirements.
☐Construction Schedule is not Required
☐Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.4 PROCUREMENT ALTERNATIVES
A. The CONSULTANT shall recommend the appropriate procurement alternatives as described in Exhibit 2 - Design Requirements.
☒Procurement alternatives not required
☐Procurement alternatives required
DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants, including reviewing their work products prior to submission to the SANITATION DISTRICT.
3.2.1 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS
A. CONSULTANT services related to Easements, Property Boundaries and Work Area Limits on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.2 TOPOGRAPHIC SURVEY
A. CONSULTANT services related to Topographic Survey on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.3 UTILITY INVESTIGATION
A. CONSULTANT services related to Utility Investigation on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
B. Final Design Submittal Utility Coordination Reviews
1. During DS3 submittal review, the CONSULTANT shall meet with outside agencies to verify any changes made by agency during final design period and compare them with the Contract Drawings. CONSULTANT shall follow through with due diligence on utilities that do not participate in the USA program, unknown owner of a facility and/or abandoned utilities.
3.2
December 2020 7-68 – Design SOW Page 25 of 31
2. During DS3 submittal review, an on-site inspection shall be made in the project area. During the on-site inspection, a senior-level CONSULTANT representative shall walk the site accompanied by the SANITATION DISTRICT’s PE and Supervising Inspector. The CONSULTANT’s representative shall be experienced in the location and identification of utilities in the field. During the on-site inspection, the CONSULTANT shall document all visible features that indicate utilities within the project area and
compare them with the Contract Drawings.
3.2.4 TRAFFIC CONTROL SERVICES
A. CONSULTANT shall secure the services of a Subconsultant to determine the traffic control requirements, prepare final plans and specifications for the selected plan and assist the SANITATION DISTRICT in obtaining approval from the City of Newport Beach.
3.2.5 PUBLIC RELATIONS
A. CONSULTANT services related to Public Relations on the project are specified in Phase 2
– Preliminary Design and those services shall continue during Phase 3 - Design. The CONSULTANT shall allocate the budgeted hours between the Public Relations services in Phase 2 and Phase 3 based on when these services will be required.
3.2.6 ENVIRONMENTAL DOCUMENTATION
A. CONSULTANT services related to Environmental Documentation on the project are
specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 - Design. The CONSULTANT shall allocate the budgeted hours between the Environmental
Documentation services in Phase 2 and Phase 3 based on when these services will be required.
3.2.7 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 - Design.
CONSULTANT shall allocate the budgeted hours between the Permitting Assistance services in Phase 2 and Phase 3 based on when these services will be required.
3.2.8 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution,
schedule, budget, subconsultants, and coordination with other projects. CONSULTANT services related to Project Management on the project are specified in Phase 2 – Preliminary Design and
those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.9 QUALITY CONTROL
A. The CONSULTANT shall provide Quality Control requirements in accordance with Exhibit 6 - Quality Control Requirements.
☒Independent Multi-Discipline Design Workshop is not required.
☐Independent Multi-Discipline Design Workshop is required. (Design Workshops and Meetings
3.2.10 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in
accordance with Exhibit 5 - Workshop and Meeting Requirements.
3.2.11 DESIGN PHASE WORKSHOPS
A. The focus of workshops is to review project progress to date and the technical decisions that have been made in focused meetings. CONSULTANT shall conduct the workshops listed
below in Phase 3 – Design. The CONSULTANT shall allow the following time for each workshop:
December 2020 7-68 – Design SOW Page 26 of 31
DESIGN PHASE WORKSHOPS
WORKSHOP TYPE DURATION
Design Kickoff Workshop 1 -- 2 hours
Design Review Meetings 2 – 2 hours per discipline
Design Validation Meeting 1 -- 2 hour
B. The following Design Review Meetings shall include the following topics, as applicable to
the project:
1. Civil
2. Construction
C. A single workshop shall be provided for the Design Review Meetings
D. During final design, workshops shall be held after each design submittal.
3.2.12 PRE-DS2 CONSTRUCTABILITY WORKSHOP
3.2.12 DESIGN PHASE MEETINGS
A. Technical Progress Meetings
1. Technical Progress Meetings shall be held every 4 weeks for 1 hour to review various issues with the SANITATION DISTRICT’s project team. A total of 7 meetings
shall be held during Preliminary Design Phase. The CONSULTANT shall coordinate with the SANITATION DISTRICT PM to determine what topics will be covered in what
meetings, and what SANITATION DISTRICT and CONSULTANT team members are required for each.
B. Focused Meetings
1. Focused meetings shall be held throughout preliminary design to discuss specific
issues in detail and generate comments and direction from SANITATION DISTRICT staff. The following tentative list of topics may be covered in these meetings:
a. Permits
b. Survey and geotechnical requirements
c. Potholing
d. Utilities and utility tie-ins
e. Construction sequencing
f. Traffic Control
g. Additional meetings as necessary
2. Each meeting shall generally be 1 hour in length.
3.2.13 CONSTRUCTION SUBMITTAL ITEMS LIST MEETING
A. Meet with the SANITATION DISTRICT between DS2 and DS3 to review the
CONSULTANT’s approach to developing the project Construction Submittal Items List to include in the specifications and discuss the grouping of submittals in phases.
BID PHASE SUPPORT SERVICES
3.3.1 BID PHASE SUPPORT SERVICES
A. CONSULTANT shall provide the following bid period services:
1. Participate in the pre-bid meeting.
2. Prepare project drawing set and project specification addenda to provide clarification
and resolve errors and omissions identified prior to bid opening.
3.3
December 2020 7-68 – Design SOW Page 27 of 31
3.3.2 BID EVALUATION ASSISTANCE
A. Participate in the evaluation of the submitted bids, furnish consultation and advice to
SANITATION DISTRICT staff, and other analyses as required to finalize the award decision.
3.3.3 CONFORMED DOCUMENT PREPARATION
A. Within two weeks of the bid date, prepare conformed documents set (drawings, databases, specifications, and other required materials) that incorporates the addenda. See Engineering
Design Guidelines, Chapter 01, Design Guidelines – General Requirements, Section 01.4
“Preparation of Project Deliverables” for requirements as modified in Section V of this SOW,
“Project-Specific Deviations from the SANITATION DISTRICT’s Design Guidelines” and the requirements of the CAD Manual).
4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
Not in this SOW.
5. PHASE 5 – COMMISSIONING SERVICES
Not in this SOW.
6. PHASE 6 – CLOSE OUT
Not in this SOW.
7. GENERAL REQUIREMENTS
GENERAL
7.0.1 OCSD ENGINEERING DESIGN GUIDELINES AND STRATEGIC PLAN
A. CONSULTANT shall refer to and adhere to the requirements of the Contractor Safety
Standards, SANITATION DISTRICT’s Engineering Design Guidelines, any deviations to the Engineering Design Guidelines listed below, and other SANITATION DISTRICT Design
Standards referenced therein. Exhibit 16 - Spec Review using Microsoft Word and Teams
B. Exhibit 17 - SANITATION DISTRICT Engineering Design Guidelines and Standards – Available online at https://www.ocsd.com/about-us/transparency/document-central/-folder-917 is a complete set of the Contractor Safety Standards and SANITATION DISTRICT’s Design
Standards, the latest edition at the time of the design proposal stage.
C. The Engineering Guidelines define what design concepts/tools/methods and project
management requirements shall be adhered to and in what manner they shall be used/provided by Consultants, e.g., requirements regarding design concepts, submittals, documentation details, use of SANITATION DISTRICT’s Master Specifications, and other related SANITATION DISTRICT Standards, etc.
D. Refer also to Section “CONSULTANT’s Responsibilities” in the SANITATION DISTRICT’s Engineering Design Guidelines Chapter 01. Refer to “Master Specifications Instructions for Use”
that mandates rules and conventions to be used in all SANITATION DISTRICT project specifications.
E. The project SOW defines whether or not each specific deliverable described in the Guidelines shall be part of the project and when each task shall take place.
F. The project SOW also includes requirements that supplement and/or modify the Guidelines requirements for this project.
G. The project SOW and SANITATION DISTRICT’s Engineering Design Guidelines impact CONSULTANT’s project cost.
7.0
December 2020 7-68 – Design SOW Page 28 of 31
H. Except as specified in this SOW, design of all facilities shall conform to the recommendations of the currently approved Master Plan for SANITATION DISTRICT facilities. The project shall also incorporate all applicable mitigation measures included in associated environmental documents and site-specific local requirements.
I. In addition, the SANITATION DISTRICT will require the CONSULTANT to follow subsequent revisions of the Contractor Safety Standards, SANITATION DISTRICT Engineering
Design Guidelines and other SANITATION DISTRICT Design Standards up to transmittal by the SANITATION DISTRICT of comments on Design Submittal [1][2], shall be incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to-Exceed upper limit on fees.
J. The SANITATION DISTRICT may update the SANITATION DISTRICT’s Master Specifications and/or add new SANITATION DISTRICT Master Specifications up to transmittal
by the SANITATION DISTRICT of comments on Design Submittal 2. The CONSULTANT shall utilize the new and/or modified Master Specifications for the DS3 submittal.
K. The CONSULTANT shall not begin editing the project specifications until the project team meets with the SANITATION DISTRICT’s Design Standards Custodian to discuss and receive
comments regarding the CONSULTANT’s proposed list of project specifications. This meeting will be used to determine which specifications are to use SANITATION DISTRICT’s master
specifications, and where other sources will be utilized.
7.0.2 PROJECT PHASES AND TASKS
A. Project tasks and deliverables shall include the requirements described in this SOW. CONSULTANT shall also refer to Appendix A of the SANITATION DISTRICT’s Engineering
Design Guidelines for the level of detail requirements for individual deliverables in each Phase of the project not covered in the SOW.
7.0.3 CONSTRUCTION SEQUENCING AND CONSTRAINTS
A. CONSULTANT shall develop with SANITATION DISTRICT staff and include in the Bid Documents detailed requirements for construction sequencing and constraints. These shall ensure safe and reliable operation and maintenance of SANITATION DISTRICT facilities. The
facilities must be kept on-line and fully operational with minimal interruptions throughout construction.
7.0.4 WORKING HOURS
A. Meetings with SANITATION DISTRICT staff shall be scheduled from Monday through Thursday between the hours of 8:00 AM and 4:00 PM. Any CONSULTANT staff working on-site shall conform to SANITATION DISTRICT work schedules. CONSULTANT shall refer to the
Engineering Design Guidelines, Chapter 01, Section 01.3.5 “CONSULTANT Inspection of Treatment Facilities” for further requirements.
7.0.5 STANDARD DRAWINGS AND TYPICAL DETAILS
A. All the details used in the project (the SANITATION DISTRICT’s Standard Drawings and CONSULTANT-developed typical details) shall be shown on the Plans.
7.0.6 SOFTWARE
A. The CONSULTANT is expected to develop and provide the deliverables using the standard software currently approved for use by the SANITATION DISTRICT. The standard
SANITATION DISTRICT software includes, but is not limited to, the following:
B. Any software that the CONSULTANT needs to comply with these standards shall be
purchased and maintained by the CONSULTANT at no additional cost to the SANITATION DISTRICT. In the event the SANITATION DISTRICT provides the CONSULTANT with access
to SANITATION DISTRICT software and hardware at a SANITATION DISTRICT facility in order to facilitate performance of their work, all software shall remain the property of the SANITATION
--
December 2020 7-68 – Design SOW Page 29 of 31
DISTRICT. Only software licensed to the SANITATION DISTRICT shall be installed on SANITATION DISTRICT equipment. In addition, only the SANITATION DISTRICT’s IT
Department staff will perform the installation of this software.
C. Refer to Chapters 10 and 11 and Appendix A of the SANITATION DISTRICT’s Engineering Design Guidelines for requirements on preparation of Criticality Tables and ETAP, SAT, and EID databases. Refer to the SANITATION DISTRICT’s CAD Manual and to Chapter 11 and
Appendix A of the SANITATION DISTRICT’s Engineering Design Guidelines for requirements regarding P&ID drawings.
7.0.7 SUBMITTAL REVIEW USING BLUEBEAM
A. The SANITATION DISTRICT has standardized on the use of Bluebeam Revu for reviewing and providing comments to PDF files. PDF files will be hosted in a Bluebeam cloud-based studio session for review. See Exhibit 15 - Bluebeam Designer User Training for a detailed
explanation on how Bluebeam will be used to provide, validate, and close submittal review comments.
B. Prior to submitting electronic PDF files, format them as indicated in Exhibit 14 - Bluebeam Designer Training for Submission and “the SANITATION DISTRICT’s CAD Standards
Manual” prior to submission.
C. A one-hour training session on the use of Bluebeam and custom status menu will be
provided by the SANITATION DISTRICT. All CONSULTANT team members responsible for quality control and reconciliation of submittal comments shall attend.
7.0.8 WORD TRACK CHANGES
A. Specifications documents and other MS-Word based deliverables will be hosted in the
SANITATION DISTRICT’s Teams environment for review. The guidelines for reviewing and commenting on MS-Word files, including Specifications reviews, can be found in Exhibit 16 - Spec Review using Microsoft Word and Teams.
7.0.9 GIS SUBMITTALS
A. CONSULTANT shall provide the following GIS deliverables propagated from approved design submittals after the design submittal is accepted. These GIS submittals will not be
reviewed or presented by the CONSULTANT. The purpose is to provide project specific GIS layers that could be used to visualize interproject dependencies and conflicts.
1. Electronic Submittal
a. Kmz files for use with Google Earth
2. Final PDR
a. Single project boundary (Polygon)
(1) Boundary to encompass all new facilities and existing to be modified including:
• Buildings\Structures
• Tunnels
• Utilities
• Pavement
• Street boundary (ROW to ROW) of possible alignment
b. Structures (Polygon)
• New structure outline
• Additions to existing structures
• Structure label
December 2020 7-68 – Design SOW Page 30 of 31
3. DS2, DS3, and FDS
a. Project boundary - updated PDR
b. Structures - updated from PDR
c. Utilities - updated from PDR
d. Manholes - updated from PDR
e. Excavation of pits - updated from PDR
f. Critical (as defined by Dig Alert) utility crossings (Point)
(1) Crossing of Dig Alert critical utilities
(2) Critical utility label
• Natural gas
• Fuel pipeline
• 12 kV Electrical
g. Asphalt (Polygon)
(1) Asphalt to be replaced
8. STAFF ASSISTANCE
The SANITATION DISTRICT staff member or designee assigned to work with CONSULTANT on the design of this project is Hardat Khublall at (714) 720-6965, e-mail to: hkhublall@ocsd.com.
9. EXHIBITS
Exhibit 1 - Preliminary Design Report Requirements
Exhibit 2 - Design Requirements
Exhibit 3 - Project Management Requirements
Exhibit 4 - Risk Management Requirements NOT USED
Exhibit 5 - Workshop and Meeting Requirements
Exhibit 6 - Quality Control Requirements
Exhibit 7 - Design Submittal Requirements Matrix
Exhibit 8 - Project Schedule Calculation
Exhibit 9 - Deliverables Quantities
Exhibit 10 - Sample Construction Cost Estimate Format
Exhibit 11 - Sample Full Project Safety Review Plan
Exhibit 12 - Sample Risk Management Check List
Exhibit 13 - MMRP Log Template
Exhibit 14 - Bluebeam Designer Training for Submission
Exhibit 15 - Bluebeam Designer User Training
Exhibit 16 - Spec Review using Microsoft Word and Teams
December 2020 7-68 – Design SOW Page 31 of 31
Exhibit 17 - SANITATION DISTRICT Engineering Design Guidelines and Standards – Available online at https://www.ocsd.com/about-us/transparency/document-central/-folder-917
Exhibit 18 - Project Reference Material
• 7-1-D MacArthur Blvd Force Mains
• 7-11-3 Modifications to MacArthur Pump Station
• MP-427 MacArthur Valve Replacement
HK:dm
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1574 Agenda Date:5/5/2021 Agenda Item No:10.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENTS, CONTRACT NO. FE21-00-XX
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve Annual Professional Design Services Agreements (PDSA) with the following firms for
professional engineering design and construction support services commencing July 1, 2021
with a maximum annual fiscal year contract limitation not to exceed $600,000 for each Annual
Professional Design Services Agreement; and
FIRM CONTRACT NO.
1 AECOM Technical Services, Inc. (AECOM) FE21-00-01
2 Arcadis U.S., Inc. (Arcadis) FE21-00-02
3 Black & Veatch Corporation (Black & Veatch) FE21-00-03
4 Brown & Caldwell FE21-00-04
5 CDM Smith, Inc. (CDM Smith) FE21-00-05
6 CIVILTEC Engineering, Inc. (CIVILTEC) FE21-00-06
7 Dudek FE21-00-07
8 GHD, Inc. (GHD) FE21-00-08
9 HDR Engineering, Inc. (HDR) FE21-00-09
10 Infrastructure Engineering Corporation (IEC) FE21-00-10
11 Kennedy Jenks Consultants, Inc. (Kennedy Jenks) FE21-00-11
12 Kleinfelder, Inc. (Kleinfelder) FE21-00-12
13 Michael Baker International, Inc. (Michael Baker) FE21-00-13
14 ProjectLine Technical Services, Inc. (ProjectLine) FE21-00-14
15 SPEC Services, Inc. (SPEC Services) FE21-00-15
16 SVA Architects, Inc. (SVA Architects) FE21-00-16
17 Tetra Tech FE21-00-17
18 Woodard & Curran, Inc. (Woodard & Curran) FE21-00-18
B. Approve two additional one-year optional extensions for each PDSA.
BACKGROUND
Ordinance No. OCSD-52 (Purchasing Ordinance) authorizes procurement of professional design
services less than $300,000 through task order-based Annual Professional Design Services
Agreements (Annual PDSAs). The Purchasing Order, and the Annual PDSAs, limit task orders
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1574 Agenda Date:5/5/2021 Agenda Item No:10.
Agreements (Annual PDSAs).The Purchasing Order,and the Annual PDSAs,limit task orders
awarded to a single firm in a fiscal year to $600,000.There are currently three sets of Annual PDSAs
for design services issued in 2012,2015,and 2018.The sets for 2012 and 2015 have expired,and
the set from 2018 expires on June 30,2021.When an Annual PDSA expires,any existing and active
task orders remain valid, but no new task orders can be issued.
When the need for professional design services for a specific project are identified,and the
anticipated value of the services is less than the $300,000 task order limit,staff issues a request for
task order proposal to at least two,but typically three,of the prequalified firms.The proposals are
scored and ranked per the selection criteria included in the request for task order proposal,and
negotiations are conducted with the selected firm.The process of procuring design services through
task orders is significantly quicker and more cost effective for both the Orange County Sanitation
District (OC San) and the competing consultants than for stand-alone agreements.
RELEVANT STANDARDS
·Sound engineering and accounting practices, complying with local, state, and federal laws
·California Government Code §4526:Select the “best qualified firm”and “negotiate fair and
equitable fees”
PROBLEM
The process of soliciting and selecting consultants for individual professional design service
agreements on smaller projects is slower and costlier for both OC San and the consultants
competing for projects.
PROPOSED SOLUTION
Approve Annual PDSAs with a prequalified list of design consultants per the Purchasing Ordinance.
The following table lists project types for which each of the consultants are prequalified.
Firm Type 1:
Building
and Safety
Type 2:
Linear
Type 3:
Process
Type 4:
Electrical
and I&C
1 AECOM X X X
2 Arcadis X
3 Black & Veatch X X
4 Brown & Caldwell X X X
5 CDM Smith X X X
6 Civiltec X X
7 Dudek X X
8 GHD X X
9 HDR X X X
10 Infrastructure Engineering X
11 Kennedy Jenks X
12 Kleinfelder X
13 Michael Baker X
14 ProjectLine X
15 SPEC Services X X
16 SVA Architects X
17 Tetra Tech X X
18 Woodard & Curran X X
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Firm Type 1:Buildingand Safety Type 2:Linear Type 3:Process Type 4:Electricaland I&C1AECOMXXX2ArcadisX3Black & Veatch X X4Brown & Caldwell X X X5CDM Smith X X X6CiviltecXX7DudekXX8GHDXX
9 HDR X X X
10 Infrastructure Engineering X
11 Kennedy Jenks X
12 Kleinfelder X
13 Michael Baker X
14 ProjectLine X
15 SPEC Services X X
16 SVA Architects X
17 Tetra Tech X X
18 Woodard & Curran X X
TIMING CONCERNS
The current Annual PDSAs expire on June 30,2021.If new Annual PDSAs are not issued,staff will
not be able to issue task orders to procure design services for small projects.
RAMIFICATIONS OF NOT TAKING ACTION
Without these Annual PDSAs,OC San would need to conduct full solicitations for the design of each
small project,delaying completion of those projects,and increasing administrative costs.The
relatively high proposal costs versus the potential project profit tends to limit the number of proposers
for these smaller projects.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
On December 17,2020,OC San issued a request for qualifications (RFQs)for Annual PDSAs,
Contract No.FE21-00,and a notice was sent to multiple categories of firms registered in OC San’s
purchasing database.The RFQs defined four categories of projects and invited interested
consultants to pursue qualifications for any or all of those categories.
The following evaluation criterion were described in the RFQ and used to determine the most
qualified consultants.
CRITERION Weighting
Consultant Team Resources 20%
Delivery Capabilities 20%
Related Project Experience 30%
Staff Qualifications 30%
On February 10,2021,28 statements of qualifications (SOQs)were received.The following table
lists the firms that submitted SOQs and for which of the four project types they submitted
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qualifications.
Firm Type 1:
Building
and Safety
Type 2:
Linear
Type 3:
Process
Type 4:
Electrical
and I&C
AECOM Technical Services, Inc.
(AECOM)
X X X X
Arcadis U.S., Inc. (Arcadis)X X X
Austin Design & Building, Inc. (Austin)X
Black & Veatch Corporation (Black &
Veatch)
X X
Brown & Caldwell X X X
Cannon Corporation (Cannon)X X X
CDM Smith, Inc. (CDM Smith)X X X
CIVILTEC Engineering, Inc. (
CIVILTEC)
X X
Commonwealth Associates, Inc.
(Commonwealth)
X X
D R Consultants & Designers, Inc. (D
R Consultants)
X X
Dahl, Taylor & Associates, Inc. (Dahl
Taylor)
X X X X
Dudek X X
Fluor Enterprises, Inc. (Fluor)X X
Gekko Engineering (Gekko)X X
GHD, Inc. (GHD)X X
HDR Engineering, Inc. (HDR)X X X X
IDS Group, Inc. (IDS Group)X X X
Infrastructure Engineering Corporation
(IEC)
X
Kennedy Jenks Consultants, Inc.
(Kennedy Jenks)
X X X
Kleinfelder, Inc. (Kleinfelder)X X
Michael Baker International, Inc.
(Michael Baker)
X X X X
ProjectLine Technical Services, Inc.
(ProjectLine)
X X
RTM Engineering Consultants (RTM)X X
SPEC Services, Inc. (SPEC Services)X X
SVA Architects, Inc. (SVA Architects)X
Tetra Tech X X X
Wood Environment & Infrastructure
Solutions, Inc. (Wood Environment)
X X X X
Woodard & Curran, Inc. (Woodard &
Curran)
X X
Total SOQs Submitted 11 18 23 18
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Firm Type 1:Buildingand Safety Type 2:Linear Type 3:Process Type 4:Electricaland I&CAECOM Technical Services, Inc.(AECOM)X X X XArcadis U.S., Inc. (Arcadis)X X XAustin Design & Building, Inc. (Austin)XBlack & Veatch Corporation (Black &Veatch)X XBrown & Caldwell X X XCannon Corporation (Cannon)X X XCDM Smith, Inc. (CDM Smith)X X XCIVILTEC Engineering, Inc. (CIVILTEC)X XCommonwealth Associates, Inc.(Commonwealth)X XD R Consultants & Designers, Inc. (DR Consultants)X XDahl, Taylor & Associates, Inc. (DahlTaylor)X X X XDudekXXFluor Enterprises, Inc. (Fluor)X XGekko Engineering (Gekko)X XGHD, Inc. (GHD)X XHDR Engineering, Inc. (HDR)X X X XIDS Group, Inc. (IDS Group)X X XInfrastructure Engineering Corporation(IEC)XKennedy Jenks Consultants, Inc.(Kennedy Jenks)X X XKleinfelder, Inc. (Kleinfelder)X XMichael Baker International, Inc.(Michael Baker)X X X XProjectLine Technical Services, Inc.(ProjectLine)X XRTM Engineering Consultants (RTM)X XSPEC Services, Inc. (SPEC Services)X X
SVA Architects, Inc. (SVA Architects)X
Tetra Tech X X X
Wood Environment & Infrastructure
Solutions, Inc. (Wood Environment)
X X X X
Woodard & Curran, Inc. (Woodard &
Curran)
X X
Total SOQs Submitted 11 18 23 18
The SOQs were evaluated in accordance with the process set forth in the Purchasing Ordinance by a
preselected Evaluation Committee consisting of one Engineering Manager and four Engineering
Supervisors.The Evaluation Committee also included two non-voting representatives from the
Contracts Administration Division.
Each member of the Evaluation Committee scored each SOQ for each project type submitted using
the evaluation criterion listed above.The following four tables summarize the scoring and ranking for
each project type.
PROJECT TYPE 1: BUILDING & SAFETY
Building and Safety projects are those where most of the work involves building,occupied spaces,or
safety improvements.Of the 11 firms submitting qualifications for Building and Safety projects,the
Evaluation Committee recommended five firms be awarded Annual PDSAs for those projects.Given
the relatively small number of Building and Safety task orders that are typically issued,staff considers
a pool of five firms appropriate.
Firm Consultant
Team
Resources
(Max. 20)
Delivery
Capabilities
(Max. 20)
Related
Project
Experience
(Max. 30)
Staff
Qualifications
(Max. 30)
Total Score
(Max. 100)
Rank
AECOM 16.3 14.0 22.5 21.8 74.6 1
HDR 15.4 14.7 19.0 22.8 71.9 2
ProjectLine 15.0 13.9 21.1 21.3 71.3 3
Arcadis 15.4 14.6 21.0 19.9 70.9 4
SVA Architects 14.6 14.1 19.8 21.5 70.0 5
Michael Baker 15.0 15.6 15.1 21.3 67.0 6
IDS Group 14.0 11.3 20.3 21.0 66.6 7
Wood
Environment
14.5 14.7 14.7 21.3 65.2 8
RTM 13.9 12.7 15.8 18.6 61.0 9
Dahl Taylor 14.6 12.1 15.4 16.6 58.7 10
Austin 14.8 10.9 12.6 17.4 55.7 11
PROJECT TYPE 2: LINEAR
Linear projects are those where most of the work involves installation,rehabilitation,or repair of
buried piping outside of the two treatment plants.Of the 18 firms submitting qualifications for linear
projects,the Evaluation Committee recommended nine firms be awarded Annual PDSAs for those
projects.Given the typical number of linear small projects,staff considers a pool of nine firms
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appropriate.
Firm Consultant
Team
Resources
(Max. 20)
Delivery
Capabilities
(Max. 20)
Related
Project
Experience
(Max. 30)
Staff
Qualifications
(Max. 30)
Total Score
(Max. 100)
Rank
Brown &
Caldwell
17.1 17.5 26.7 24.5 85.8 1
Woodard &
Curran
15.3 16.8 24.9 24.3 81.3 2
GHD 15.9 15.9 24.6 24.1 80.5 3
IEC 15.3 16.5 24.5 23.7 80.0 4
Dudek 16.1 15.3 22.6 25.0 79.0 5
CIVILTEC 15.7 14.3 25.7 22.9 78.6 6
Black & Veatch 15.6 15.5 22.8 23.7 77.6 7
Kleinfelder 15.0 15.6 23.3 23.1 77.0 8
CDM Smith 15.7 16.1 21.4 22.5 75.7 9
Wood
Environment
14.9 14.7 21.0 23.1 73.7 10
Kennedy Jenks 15.6 15.0 20.0 23.0 73.6 11
Michael Baker 15.6 16.0 19.9 21.9 73.4 12
Tetra Tech 15.4 14.0 22.4 21.1 72.9 13
HDR 15.8 15.1 18.4 22.2 71.5 14
RTM 13.9 12.7 21.2 21.0 68.8 15
Cannon 13.7 13.9 19.3 19.6 66.5 16
AECOM 15.9 13.6 17.7 18.2 65.4 17
Dahl Taylor 14.6 12.0 13.0 16.7 56.3 18
PROJECT TYPE 3: PROCESS
Process projects are those that do not fit in the criteria for Building and Safety,Linear,or Electrical
and Instrumentation &Control projects where most of the work involves pumping,wastewater
treatment,odor control,chemical storage,associated power distribution,on-site central generation,
or SCADA controls.Of the 23 firms submitting qualifications for Process projects,the Evaluation
Committee recommended 13 firms be awarded Annual PDSAs for those projects.Most of the
smaller projects fall into the Process category,and a larger pool of consultants is likely to be needed
since no more than $600,000 in task orders can be awarded to a consultant in a fiscal year.
Firm Consultant
Team
Resources
(Max. 20)
Delivery
Capabilities
(Max. 20)
Related
Project
Experience
(Max. 30)
Staff
Qualifications
(Max. 30)
Total Score
(Max. 100)
Rank
Brown &
Caldwell
17.5 17.5 24.3 25.1 84.4 1
Black & Veatch 16.8 15.9 24.6 26.1 83.4 2
Dudek 16.1 15.7 24.7 24.7 81.2 3
Tetra Tech 15.8 14.8 24.8 23.8 79.2 4
GHD 15.9 15.9 22.8 23.3 77.8 5
CIVILTEC 15.3 14.3 25.1 22.6 77.3 6
Kennedy Jenks 15.7 15.0 22.4 23.5 76.6 7
Woodard &
Curran
13.3 16.0 24.0 22.5 75.8 8
AECOM 15.9 14.8 23.1 21.8 75.6 9
SPEC Services 16.3 15.5 21.9 20.7 75.4 10
HDR 15.7 15.1 21.1 22.9 74.8 11
CDM Smith 15.3 16.1 21.1 21.9 74.4 12
Michael Baker 15.4 15.6 20.5 22.5 74.0 13
Wood
Environment
14.3 14.7 20.4 23.1 72.5 14
Kleinfelder 15.0 15.6 18.5 22.5 71.6 15
Gekko 15.3 14.9 19.6 21.5 71.3 16
Arcadis 15.0 15.4 19.1 20.6 70.1 17
IDS Group 15.2 11.7 17.3 21.0 65.2 18
D R Consultants 13.9 13.9 15.8 18.7 62.3 19
Cannon 12.5 13.5 14.5 20.2 60.7 20
Dahl Taylor 14.6 12.5 13.6 16.6 57.3 21
Fluor 15.7 13.0 10.3 16.1 55.1 22
Commonwealth 9.6 10.3 12.6 12.0 44.5 23
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Firm ConsultantTeamResources
(Max. 20)
DeliveryCapabilities(Max. 20)RelatedProjectExperience
(Max. 30)
StaffQualifications(Max. 30)Total Score(Max. 100)Rank
Brown &
Caldwell
17.5 17.5 24.3 25.1 84.4 1
Black & Veatch 16.8 15.9 24.6 26.1 83.4 2
Dudek 16.1 15.7 24.7 24.7 81.2 3
Tetra Tech 15.8 14.8 24.8 23.8 79.2 4
GHD 15.9 15.9 22.8 23.3 77.8 5
CIVILTEC 15.3 14.3 25.1 22.6 77.3 6
Kennedy Jenks 15.7 15.0 22.4 23.5 76.6 7
Woodard &
Curran
13.3 16.0 24.0 22.5 75.8 8
AECOM 15.9 14.8 23.1 21.8 75.6 9
SPEC Services 16.3 15.5 21.9 20.7 75.4 10
HDR 15.7 15.1 21.1 22.9 74.8 11
CDM Smith 15.3 16.1 21.1 21.9 74.4 12
Michael Baker 15.4 15.6 20.5 22.5 74.0 13
Wood
Environment
14.3 14.7 20.4 23.1 72.5 14
Kleinfelder 15.0 15.6 18.5 22.5 71.6 15
Gekko 15.3 14.9 19.6 21.5 71.3 16
Arcadis 15.0 15.4 19.1 20.6 70.1 17
IDS Group 15.2 11.7 17.3 21.0 65.2 18
D R Consultants 13.9 13.9 15.8 18.7 62.3 19
Cannon 12.5 13.5 14.5 20.2 60.7 20
Dahl Taylor 14.6 12.5 13.6 16.6 57.3 21
Fluor 15.7 13.0 10.3 16.1 55.1 22
Commonwealth 9.6 10.3 12.6 12.0 44.5 23
PROJECT TYPE 4: Electrical and Instrumentation & Control
Electrical and Instrumentation &Control projects involve only those specific disciplines.Projects that
would fall into this category include switch gear replacement,relay replacements or upgrades,and
SCADA-only projects.Of the 18 firms submitting qualifications for Electrical and Instrumentation &
Control,the Evaluation Committee recommended six firms be awarded Annual PDSAs for those
projects.Given the relatively small number of Electrical and Instrumentation &Control task orders
that are typically issued, staff considers a pool of six firms appropriate.
Firm Consultant
Team
Resources
(Max. 20)
Delivery
Capabilities
(Max. 20)
Related
Project
Experience
(Max. 30)
Staff
Qualifications
(Max. 30)
Total Score
(Max. 100)
Rank
Brown &
Caldwell
17.5 17.5 24.9 25.1 85.0 1
Tetra Tech 15.4 14.8 23.6 24.1 77.9 2
AECOM 17.1 15.2 22.5 22.4 77.2 3
HDR 15.7 15.9 22.1 23.4 77.1 4
SPEC Services 17.1 16.9 21.3 21.3 76.6 5
CDM Smith 15.3 16.1 22.9 21.9 76.2 6
Michael Baker 15.4 15.3 21.5 22.5 74.7 7
Wood
Environment
14.1 14.7 22.2 23.1 74.1 8
Gekko 15.3 14.9 19.6 22.1 71.9 9
Kennedy Jenks 15.5 15.0 19.4 21.1 71.0 10
IDS Group 15.2 11.7 20.9 22.2 70.0 11
ProjectLine 14.7 13.0 19.3 22.5 69.5 12
Arcadis 15.0 15.0 15.5 20.0 65.5 13
Cannon 13.3 13.5 16.9 20.2 63.9 14
Dahl Taylor 14.6 12.1 16.6 17.8 61.1 15
D R Consultants 13.9 13.8 14.0 18.0 59.7 16
Fluor 15.6 13.0 11.5 16.8 56.9 17
Commonwealth 8.8 10.3 13.2 12.6 44.9 18
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Firm ConsultantTeamResources(Max. 20)DeliveryCapabilities(Max. 20)RelatedProjectExperience(Max. 30)StaffQualifications(Max. 30)Total Score(Max. 100)RankBrown &Caldwell 17.5 17.5 24.9 25.1 85.0 1
Tetra Tech 15.4 14.8 23.6 24.1 77.9 2
AECOM 17.1 15.2 22.5 22.4 77.2 3
HDR 15.7 15.9 22.1 23.4 77.1 4
SPEC Services 17.1 16.9 21.3 21.3 76.6 5
CDM Smith 15.3 16.1 22.9 21.9 76.2 6
Michael Baker 15.4 15.3 21.5 22.5 74.7 7
Wood
Environment
14.1 14.7 22.2 23.1 74.1 8
Gekko 15.3 14.9 19.6 22.1 71.9 9
Kennedy Jenks 15.5 15.0 19.4 21.1 71.0 10
IDS Group 15.2 11.7 20.9 22.2 70.0 11
ProjectLine 14.7 13.0 19.3 22.5 69.5 12
Arcadis 15.0 15.0 15.5 20.0 65.5 13
Cannon 13.3 13.5 16.9 20.2 63.9 14
Dahl Taylor 14.6 12.1 16.6 17.8 61.1 15
D R Consultants 13.9 13.8 14.0 18.0 59.7 16
Fluor 15.6 13.0 11.5 16.8 56.9 17
Commonwealth 8.8 10.3 13.2 12.6 44.9 18
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.Budget for these
task orders is included in the Small Construction Projects Program,Project No.M-FE (Adopted
Budget, Fiscal Years 2020-21 and 2021-2022 Budget, Section 8, Page 48).
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 Design Services Agreement
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REQUEST FOR QUALIFICATIONS CONTRACT NO. FE21-00-XX
ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENT
Page 1 of 17
ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENT
This ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENT (Agreement), to be
effective this 1st day of July, 2021, is made and entered into by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as “OC San”
AND
______________________________________
hereinafter referred to as “CONSULTANT”
individually referred to as the “Party” and collectively as the “Parties”.
RECITALS
WHEREAS, in accordance with Ordinance No. OCSD-52 and pursuant to a Request for
Qualifications (“Underlying RFQ”), the Board of Directors of OC San, by action on ,
approved the award of the Agreement for CONTRACT NO. FE21-00-XX, to CONSULTANT to
provide services for selected projects on a task order (Task Order) basis from July 1, 2021 to
June 30, 2022; and
WHEREAS, consistent with the Underlying RFQ, the CONSULTANT has been
prequalified to perform services for the following project types: [a) Project Type 1: Building and
Safety, b) Project Type 2: Linear, c) Project Type 3: Process, d) Project Type 4: Electrical and
Instrumentation & Control]; and,
WHEREAS, for Task Orders estimated to cost $25,000 or less, the Director of
Engineering, with concurrence of the Purchasing Manager, may solicit a proposal from one (1) firm on the prequalified list, which will include the project types for which the consultants are prequalified.
WHEREAS, the CONSULTANT is qualified to provide and has agreed to provide the necessary professional engineering and related services under this Agreement; and,
WHEREAS, by this Agreement, the Parties intend to set forth the general terms and conditions that will apply to any specific project for which CONSULTANT is given a Task Order by OC San.
NOW, THEREFORE, OC San and the CONSULTANT mutually agree as follows:
SECTION 1. SCOPE OF AGREEMENT
OC San, at its sole discretion, may, from time to time during the term of this Agreement, issue a Request for Task Order Proposal (“RFTOP”) setting forth the detailed requirements and scope of work to be performed on the identified project and thereafter, upon receipt of a proposal from the CONSULTANT, may issue a Task Order to proceed with the work. The scope of work will be in the form attached hereto as Attachment A – Scope of Work.
REQUEST FOR QUALIFICATIONS CONTRACT NO. FE21-00-XX
ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENT
Page 2 of 17
Upon execution by OC San, the Task Order shall become an operative part of this Agreement. Should any conflict or inconsistency exist in the contract documents identified in this section, the conflict or inconsistency shall be resolved by applying the provisions in the
highest priority document, which shall be determined in the following order of priority:
1.Agreement and any amendments thereto2. the Task Order3.the RFTOP
SECTION 2. TASK ORDER ISSUANCE BY OC SAN
The Task Order issued by OC San shall, specifically or by reference to the RFTOP and corresponding proposal, set forth the terms that will apply to the specific project for which the services will be rendered. Those terms shall include, but not be limited to, scope of work, time for performance, and compensation.
SECTION 3. TERM
This Agreement shall commence on the effective date of this Agreement and terminate on June 30, 2022, unless further extended by written agreement signed by the Parties. Any work
that is required by a Task Order and is not finished by the date of termination shall be continued and completed by the CONSULTANT and the terms and conditions of this Agreement shall continue in effect for that time. OC San may, at its option, renew this
Agreement for two (2) additional terms of one (1) year each, for a maximum contract duration of three (3) years.
SECTION 4. COMPENSATION
The total compensation payable to the CONSULTANT pursuant to this Agreement shall not exceed Six Hundred Thousand Dollars ($600,000) per year in accordance with the terms
described in SECTION 3 - TERM. The compensation includes, but is not limited to, fees for professional engineering services based on the CONSULTANT’s burdened labor rates, overhead, and profit, and fees from the CONSULTANT’s subconsultants/subcontractors
(Subconsultants/Subcontractors). The specific amount of compensation payable to the CONSULTANT for services rendered on an individual project, pursuant to a Task Order, shall be established for each Task Order and shall not exceed Three Hundred Thousand Dollars
($300,000) per individual Task Order unless authorized by OC San’s Board of Directors. The CONSULTANT agrees and acknowledges that the execution of this Agreement does not in any way guarantee that a Task Order will be issued to the CONSULTANT. Moreover,
execution of this Agreement shall not entitle the CONSULTANT to any form of payment or compensation from OC San without OC San first having issued a written Task Order.
A.Total Compensation
Total compensation for any Task Order shall not exceed the amount indicated in theapproved Task Order and any approved amendments thereto.
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B.Labor
As a portion of the total compensation to be paid to CONSULTANT, OC San shall pay toCONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paidby CONSULTANT charged on an hourly-rate basis to the project and paid to
CONSULTANT’s personnel. The cost of benefits for CONSULTANT and itsSubconsultants/Subcontractors shall be based on the fringe rates identified in Attachment“B” – Fee Proposal. Upon request of OC San, CONSULTANT shall provide OC San withcertified payroll records of all employees’ work that is charged to the project.
C.Overhead
As a portion of the total compensation to be paid to CONSULTANT, OC San shallcompensate CONSULTANT and its Subconsultants/Subcontractors for overhead at the ratesequal to the percentage of burdened labor as specified in Attachment “B” – Fee Proposal.
D. Profit
Profit for CONSULTANT and its Subconsultants/Subcontractors shall be a percentage of
the burdened salary rate and overhead rate. When the total of Burdened Labor andOverhead cost is $250,000 or less, the Profit shall be 10% of Burdened Labor andOverhead. When the total of Burdened Labor and Overhead cost exceeds $250,000, the
maximum Profit shall be limited by a straight declining percentage between 10% and 5%.Such profit percentages shall remain fixed through the term of this Agreement, inclusiveof any renewals identified in Section 3 – TERM.
As a portion of the total compensation to be paid to CONSULTANT and itsSubconsultants/Subcontractors, OC San shall pay profit for all services rendered byCONSULTANT and its Subconsultants/Subcontractors for the project as specified in theprevious paragraph.
E.Direct Costs
OC San shall reimburse CONSULTANT and its Subconsultants/Subcontractors the actualcosts of permits and associated fees, travel, licenses, and other services in an amountnot to exceed the sums set forth in each approved Task Order. OC San shall also pay to
CONSULTANT actual costs for equipment rentals, leases or purchases with prior writtenapproval of OC San. Upon request, CONSULTANT shall provide to OC San receipts andother documentary records to support CONSULTANT’s request for reimbursement of
these amounts, refer to Attachment “C” – Allowable Direct Costs. All incidental expensesshall be included in the overhead cost pursuant to this SECTION 4 – COMPENSATION.
F.Other Direct Costs
OC San will reimburse the CONSULTANT for Other Direct Costs incurred byCONSULTANT and its Subconsultants/Subcontractors due to modifications in the scope ofwork resulting from field investigations and field work required by the Task Order. Theseitems may include special equipment, test equipment and tooling, and other materials andservices not previously identified. Refer to Attachment “C” – Allowable Direct Costs forpayment information.
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G.Reimbursable Direct Costs
OC San will reimburse the CONSULTANT for reasonable travel and business expensesas described in this section and further described in Attachment “C” – Allowable Direct
Costs. The reimbursement of the above-mentioned expenses will be based on an“accountable plan” as considered by the Internal Revenue Service (IRS). The planincludes a combination of reimbursements based upon receipts and a “per diem”component approved by the IRS. The most recent schedule of the per diem rates utilizedby OC San may be found on the U.S. General Services Administration website athttp://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means ofmanagement of reimbursable costs inclusive, but not limited to, travel, lodging, and mealsarrangements. OC San shall apply the most economic and practical method ofreimbursement which may include reimbursements based upon receipts and/or “per diem”as deemed the most practical.
CONSULTANT shall be responsible for returning to OC San any excess reimbursements
after the reimbursement has been paid by OC San.
Travel and travel arrangements – Any travel involving airfare, overnight stays, or multiple
day attendance must be approved by OC San in advance.
Local travel is considered travel by the CONSULTANT within OC San general
geographical area which includes Orange, Los Angeles, Ventura, San Bernardino,Riverside, San Diego, Imperial, and Kern Counties. Automobile mileage is reimbursable ifCONSULTANT is required to utilize a personal vehicle for local travel.
Lodging – Overnight stays will not be approved by OC San for local travel. However, undercertain circumstances overnight stay may be allowed at the discretion of OC San based onreasonableness of meeting schedules and the amount of time required for travel by theCONSULTANT. Such determination will be made on a case-by-case basis and at thediscretion of OC San.
Travel Meals – Per diem rates as approved by the IRS shall be utilized for travel meals
reimbursements. Per diem rates shall be applied to meals that are appropriate for traveltimes. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are provided inAttachment “C” – Allowable Direct Costs.
H.Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services described inCONSULTANT’s proposal will exceed seventy-five percent (75%) of the not to exceedamount of the Task Order, including any approved additional compensation,CONSULTANT shall notify OC San immediately, in writing. The written notice shallindicate the additional amount necessary to complete the services. Any cost incurred inexcess of the approved not to exceed amount, without the express written consent of OC
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San’s authorized representative, shall be at CONSULTANT’s own risk. This written notice shall be provided separately from, and in addition to, any notification requirements
contained in the CONSULTANT’s invoice and monthly progress report. Failure to notify OC San that the services cannot be completed within the authorized not to exceed amount of a Task Order is a material breach of this Agreement.
I.Method of Payment:
The CONSULTANT shall submit for approval by OC San, monthly invoices based on the totalservices which have been satisfactorily completed and specifying a percentage of
completion. The CONSULTANT’s billings shall be certified for payment by OC San only after
OC San has determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 - AUDITPROVISIONS, below.
J.Task Order Completion
Upon satisfactory completion by CONSULTANT of the work called for under the terms ofthe Task Order and upon acceptance of such work by OC San, CONSULTANT will be
paid the unpaid balance of any money due for such work.
Upon satisfactory completion of the work performed under each Task Order and prior to
final payment under each Task Order for such work or prior settlement upon termination ofthis Agreement, and as a condition precedent thereto, CONSULTANT shall execute anddeliver to OC San a release of all claims against OC San arising under or by virtue of this
Agreement other than such claims, if any, as may be specifically exempted byCONSULTANT from the operation of the release in stated amounts to be set forth therein.
K.False Claims
Pursuant to the California False Claims Act (Government Code Sections 12650-12655),any CONSULTANT that knowingly submits a false claim to OC San for compensationunder the terms of this Agreement may be held liable for treble damages and up to a TenThousand Dollars ($10,000) civil penalty for each false claim submitted. This section shallalso be binding on all Subconsultants/Subcontractors.
The CONSULTANT or its Subconsultants/Subcontractors shall be deemed to havesubmitted a false claim when the CONSULTANT or its Subconsultants/Subcontractors:(a) knowingly presents or causes to be presented to an officer or employee of OC San afalse claim or request for payment or approval; (b) knowingly makes, uses, or causes tobe made or used a false record or statement to get a false claim paid or approved by OCSan; (c) conspires to defraud OC San by getting a false claim allowed or paid by OC San;
(d) knowingly makes, uses, or causes to be made or used a false record or statement toconceal, avoid, or decrease an obligation to OC San; or (e) is a beneficiary of aninadvertent submission of a false claim to OC San and fails to disclose the false claim toOC San within a reasonable time after discovery of the false claim.
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L.California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the CONSULTANT’s employees and/or its Subconsultants/Subcontractorswho will perform work during the design, preconstruction, and construction phases of aconstruction contract for which Prevailing Wage Determinations have been issued by the
DIR and as more specifically defined under Labor Code Section 1720 et seq.,
CONSULTANT and its Subconsultants/Subcontractors shall comply with the registration
requirements of Labor Code section 1725.5. Pursuant to Labor Code section 1771.4, the
work is subject to compliance monitoring and enforcement by the DIR.
The CONSULTANT and its Subconsultants/Subcontractors shall maintain accurate payrollrecords 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 Labor Code
section1776 may be deducted from progress payments per Labor Code section 1776.
Pursuant to Labor Code section 1776, the CONSULTANT and itsSubconsultants/Subcontractors shall furnish a copy of all certified payroll records to OCSan and/or general public upon request, provided the public request is made through OCSan, the Division of Apprenticeship Standards or the Division of Labor StandardsEnforcement of the DIR.
The CONSULTANT and its Subconsultants/Subcontractors shall comply with the job site
notices posting requirements established by the Labor Commissioner per Title 8, California
Code of Regulations section 16461(e).
M.Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expensesincidental to services covered by this Agreement. Such records will be made available to
OC San upon request.
N.Reallocation of Total Compensation:
OC San, by its Director of Engineering, shall have the right to approve a reallocation of the
incremental amounts constituting the total compensation payable under the Task Order,
provided that the total compensation for the Task Order is not increased.
SECTION 5. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services required without the written approval of OC San. This Agreement may not be assigned
voluntarily or by operation of law without the prior written approval of OC San. If the CONSULTANT is permitted to subcontract any part of this Agreement by OC San, the CONSULTANT shall be responsible to OC San for the acts and omissions of its Subconsultant/Subcontractor, as it is for persons directly employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any Subconsultant/Subcontractor and OC San. All persons engaged in the work will be considered
employees of the CONSULTANT. OC San will deal directly with and will make all payments to the CONSULTANT.
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SECTION 6. CHANGES TO SCOPE OF WORK
In the event of a change in the scope of work as requested by OC San or any other changes to the Task Order, the Parties shall execute an amendment to the Task Order setting forth with particularity all new terms of the Task Order, including, but not limited to, any additional compensation.
SECTION 7. DOCUMENT OWNERSHIP – CONSULTANT PERFORMANCE
A.All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,sketches, drawings, computer printouts, disk files, and electronic copies prepared inconnection with or related to the scope of work shall be the property of OC San. OCSan’s ownership of these documents includes use of, reproduction or reuse of, and allincidental rights, whether or not the work for which they were prepared has beenperformed. OC San’s ownership entitlement arises upon payment or any partial paymentfor work performed and includes ownership of any and all work product completed prior tothat payment. This section shall apply whether the CONSULTANT’s services are satisfiedby the completion of the Agreement or are terminated in accordance with other provisionsof this Agreement. Notwithstanding any other provision of this section or Agreement, theCONSULTANT 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 oruses of the deliverables where the subsequent changes or uses are not authorized orapproved by CONSULTANT, provided that the service rendered by CONSULTANT wasnot a proximate cause of the damage.
C.Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to OC San the number of copies specified in the specific Task Order scope of workof the final report containing the CONSULTANT’s findings, conclusions, recommendations,and all supporting documentation and/or final design drawings and specifications. EachTask Order will define the requirements for the deliverables.
SECTION 8. INSURANCE
A.General:
i.Insurance shall be issued and underwritten by insurance companies acceptable toOC San.
ii.Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of atleast Class VIII, or better, in accordance with the most current A.M. Best’s GuideRating. However, OC San will accept State Compensation Insurance Fund for the
required policy of Worker’s Compensation Insurance subject to OC San’s option torequire a change in insurer in the event the State Fund financial rating is decreasedbelow “B”. Further, OC San will require CONSULTANT to substitute any insurer
whose rating drops below the levels herein specified. Said substitution shall occurwithin twenty (20) days of written notice to CONSULTANT by OC San or its agent.
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iii.Coverage shall be in effect prior to the commencement of any work under thisAgreement.
B.General Liability:
The CONSULTANT shall maintain during the life of this Agreement, including the period ofwarranty, Commercial General Liability Insurance written on an occurrence basis providing
the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per
occurrence with Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply
separately to this Agreement (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. 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, ownersand 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 OC San and applicable, XCU coverage
(Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in
the General Liability policy and coverage must be reflected on the submitted Certificate of
Insurance.
C.Umbrella Excess Liability:
The minimum limits of general liability and automobile liability insurance required, as set
forth herein, shall be provided for through either a single policy of primary insurance or a
combination of policies of primary and umbrella excess coverage. Umbrella excess liability
coverage shall be issued with limits of liability which, when combined with the primary
insurance, will equal the minimum limits for general liability and automobile liability.
D.Automobile Liability Insurance:
The CONSULTANT shall maintain a policy of Automobile Liability Insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles, trucks, andother 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 theCONSULTANT in the amount of One Million Dollars ($1,000,000) in a form acceptable toOC San.
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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 OC San. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is the State of
California Insurance Fund and the identifier “SCIF” and applicable endorsements 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:
The CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional liability/errors and omissions insurance
coverage with coverage limits of not less than Five Million Dollars ($5,000,000) 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, the CONSULTANT shall obtain
continuing insurance coverage for the prior acts or omissions of the CONSULTANT during
the course of performing services under the terms of this Agreement. Said coverage shallbe evidenced by either a new policy evidencing no gap in coverage or by separate
extended “tail” coverage with the present or new carrier.
In the event the present policy of insurance is written on an “occurrence” basis, said policy
shall be continued in full force and effect during the term of this Agreement or until
completion of the services provided for in this Agreement, whichever is later. In the event oftermination of said policy during this period, new coverage shall be obtained for the
required period to insure for the prior acts or omissions of the CONSULTANT during the
course of performing services under the terms of this Agreement.
The CONSULTANT shall provide to OC San a certificate of insurance in a form acceptableto OC San indicating the deductible or self-retention amounts and the expiration date of
said policy and shall provide renewal certificates not less than ten (10) days prior to the
expiration of each policy term.
H.Proof of Coverage:
The CONSULTANT shall furnish OC San with original certificates and amendatory
endorsements effecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements must be received and
accepted by OC San before work commences. OC San reserves the right to require, at any
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time, complete, certified copies of all required insurance policies, including endorsements,
effecting the coverage required. The following are approved forms that must be submitted
as proof of coverage:
•Certificate of Insurance ACORD Form 25 or other equivalent Certificate of Insurance form
•Additional Insurance The combination of (ISO Forms) CG 2010 and
(General Liability)CG 2037
All other Additional Insured endorsements must be submitted for approval by OC San and OC San may reject alternatives that provide different or less coverage to OC San.
•Additional Insured Submit Endorsement provided by carrier for
(Auto Liability)OC San’s approval.
•Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC San’s approval.
•Cancellation Notice No endorsement is required. However, Vendor/Contractor is responsible for notifying OC San of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice below.
I.Cancellation and Policy Change Notice:
The CONSULTANT is required to notify OC San in writing of any insurance cancellation
notice it receives or other knowledge of pending or actual insurance policy cancellation,
within two (2) working days of receipt of such notice or acquisition of such knowledge.
Additionally, the CONSULTANT is required to notify OC San in writing of any change in
the terms of insurance, including reduction in coverage or increase in deductible/SIR,
within two (2) working days of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC San at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division
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J.Primary Insurance:
All liability policies shall contain a Primary and Non-Contributory Clause. Any otherinsurance maintained by OC San shall be excess and not contributing with the insurance
provided by the 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 the
CONSULTANT may be held responsible for payment of damages to persons or property.
M.Deductibles and Self-Insured Retentions:
Any deductible and/or self-insured retention must be declared to OC San on theCertificate of Insurance. All deductibles and/or self-insured retentions require acceptance
by OC San. At the option of OC San, either: a) the insurer shall reduce or eliminate such
deductible or self-insured retention as respects OC San or b) the CONSULTANT shallprovide a financial guarantee satisfactory to OC San guaranteeing payment of losses and
related investigations, claim administration, and defense expenses.
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/Subcontractors:
The CONSULTANT shall be responsible to establish insurance requirements for
Subconsultants/Subcontractors hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultants’/Subcontractors’ operations and work.
P.Limits Are Minimums:
If the CONSULTANT maintains higher limits than any minimums shown above, then OC
San requires and shall be entitled to coverage for the higher limits maintained by the
CONSULTANT.
SECTION 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to OC San, prior to execution of a Task Order, the names and
full descriptions of all Subconsultants/Subcontractors and CONSULTANT’s project team members anticipated to be used in performing work under a Task Order. In its proposal,
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CONSULTANT shall include a description of the work and services to be performed by each Subconsultant/Subcontractor and each of CONSULTANT’s project team members.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant/Subcontractor broken down as indicated in Section 4 – COMPENSATION, above.
There shall be no substitution of the listed Subconsultants/Subcontractors and CONSULTANT’s project team members without prior written approval by OC San.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT’s personnel and its Subconsultants/Subcontractors shall be 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 when the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers who are registered in the
State of California.
SECTION 11. AUDIT PROVISIONS
A.OC San retains the reasonable right to access, review, examine, and audit any and allbooks, records, documents, and any other evidence of procedures and practices that OC
San determines are necessary to discover and verify that the CONSULTANT is incompliance with all the requirements under this Agreement. The CONSULTANT shallinclude OC San’s right as described above in any and all of their subcontracts and shallensure that these rights are binding upon all its Subconsultants/Subcontractors.
B.OC San retains the right to examine CONSULTANT’s books, records, documents, andany other evidence of procedures and practices that OC San determines are necessaryto discover and verify all direct and indirect costs, of whatever nature, which are claimedto have been incurred, or anticipated to be incurred, or to ensure CONSULTANT’scompliance with all the requirements under this Agreement during the term of thisAgreement and for a period of three (3) years after expiration or earlier termination of the
Agreement.
C.The CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and OC San’s policy. The CONSULTANTshall make available to OC San for review and audit all project-related accounting recordsand documents and any other financial data within fifteen (15) days after receipt of notice
from OC San. Upon OC San’s request, the CONSULTANT shall submit exact duplicatesof originals of all requested records to OC San. If an audit is performed, theCONSULTANT shall ensure that a qualified employee of the CONSULTANT will beavailable to assist OC San’s auditor in obtaining all project related accounting recordsand documents and any other financial data.
SECTION 12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the Parties is that of an independent contractor and nothing herein shall be deemed to transform the CONSULTANT, its staff, independent contractors, or its Subconsultants/Subcontractors, into agents or employees of OC San and shall obtain no
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rights to any benefits which accrue to OC San’s employees. CONSULTANT’s staff performing services under the Agreement shall at all times be employees and/or independent
contractors of the CONSULTANT. The CONSULTANT shall monitor and control its staff and wages, salaries, and other amounts due directly to its staff in connection with the Agreement. The 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 insurance, and similar matters.
SECTION 13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid.
Notice shall be mailed to OC San at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue, Fountain Valley, CA 92708 Attention: [CA’s Name], [CA’s Title] Copy: [PM’s Name], [PM’s Title]
Notice shall be mailed to CONSULTANT at:
CONSULTANT Street Address City, State Zip Attention: CONSULTANT’s Representative
All communication regarding the Task Order will be addressed to the Project Manager.
Direction from other OC San staff must be approved in writing by OC San’s Project Manager prior to action from the CONSULTANT.
SECTION 14. TERMINATION
OC San may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to the CONSULTANT. In the event of such termination, the CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination.
The CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days
written notice only if the CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement when the same are due. Notice of termination shall be mailed to OC San at the address listed in Section 13 – NOTICES, above.
SECTION 15. COMPLIANCE
The 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
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employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding non-discrimination
in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of Federal, State, and local government in all aspects related to this Agreement and any work completed for OC San.
SECTION 16. AGREEMENT EXECUTION AUTHORIZATION
Both OC San and the 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.
SECTION 17. 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.
SECTION 18. ATTORNEY’S FEES, COSTS, AND NECESSARY DISBURSEMENTS
If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution is necessary to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which it may be entitled.
SECTION 19. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, OC
San informs the CONSULTANT that any part of the services fails to meet those standards, the CONSULTANT shall, within the time prescribed by OC San, take all such actions as are necessary to correct or complete the noted deficiency(ies).
SECTION 20. INDEMNIFICATION
To the fullest extent permitted by law, the CONSULTANT shall indemnify, defend (at the CONSULTANT’s sole cost and expense and with legal counsel approved by OC San, which approval shall not be unreasonably withheld), protect and hold harmless OC San and all of OC San’s officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs, and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert, or CONSULTANT’s fees and costs, and OC San’s general and administrative expenses) individually, a “Claim” and 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 the CONSULTANT in carrying out its obligations under this Agreement to the
REQUEST FOR QUALIFICATIONS CONTRACT NO. FE21-00-XX
ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENT
Page 15 of 17
extent of the negligent, recklessness, and/or willful misconduct of the CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, 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 the 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 northe CONSULTANT, nor its principal, officer, agent, employee, nor the CONSULTANT’ssupplier, Subconsultant, Subcontractor, nor anyone employed directly or indirectly by anyof them.
Exceptions (A) through (B) above shall not apply, and the 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.
The CONSULTANT’s liability for indemnification hereunder is in addition to any liability the
CONSULTANT may have to OC San for a breach by the 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 the CONSULTANT’s indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the Parties. 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.
SECTION 21. 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 the 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 the CONSULTANT. Payment to the CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the Claim did not arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the CONSULTANT, to any extent, then OC San will reimburse the CONSULTANT for the reasonable costs of defending the Indemnified Parties against such Claims.
The 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.
REQUEST FOR QUALIFICATIONS CONTRACT NO. FE21-00-XX
ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENT
Page 16 of 17
SECTION 22. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES
The CONSULTANT shall be required to comply with all OC San policies and procedures. OC San requires the CONSULTANT and its Subconsultants/Subcontractors to follow and ensure
their employees follow all Federal, State, and local regulations as well as OC San’s safety standards while working at OC San locations. If during the course of the contract it is discovered that OC San’s safety standards do not comply with Federal, State, or local regulations, then the CONSULTANT is required to follow the most stringent regulatory requirement at no additional cost to OC San. The CONSULTANT and all of its employees and Subconsultants/Subcontractors, shall adhere to all applicable Contractor Safety Standards attached hereto as Attachment “D”.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California
and the Parties submit to jurisdiction in Orange County in the event any action is brought in connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with the CONSULTANT.
SECTION 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 hereof.
REQUEST FOR QUALIFICATIONS CONTRACT NO. FE21-00-XX
ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENT
Page 17 of 17
IN WITNESS WHEREOF, this Agreement has been executed in the name of OC San and the CONSULTANT by their respective duly authorized officers, as of the date first written above.
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” Sample Scope of Work Attachment “B” Fee Proposal Attachment “C” Allowable Direct Costs
Attachment “D” Contractor Safety Standards
ATTACHMENT “A”
SAMPLE SCOPE OF WORK
December 2020 FE20-04 – Design SOW Page 1 of 7
ATTACHMENT A
SCOPE OF WORK
CENGEN COOLING WATER PIPE REPLACEMENT AT PLANT NO. 2
Project No. FE20-04
I.SUMMARY
Provide professional design engineering services for the project described herein including the following:
o Engineering Studies (Not included in this Agreement)o Preliminary Design Report
o Permitting Assistance (Not included in this Agreement)o Preparation of Bid DocumentsoServices during Construction
o Commissioning Services (Not included in this Agreement)o Closeout Services
II.BACKGROUND, GENERAL PROJECT DESCRIPTION, ANDPROJECT ELEMENTS
The Central Power Generation System (Cengen) at Plant No. 2 was constructed by project J-19-2 in the early 1990’s. The system provides the second level of power for the plant andrequires cooling water to operate. The cooling water is highly corrosive and is causing theexisting metallic piping to develop leaks. This project will replace the existing Cengen coolingwater piping.
PROJECT ELEMENTS
Project Element 1 - Cooling Water Pipe Replacement
Replace the existing Cengen cooling water loop piping and associated valves and appurtenances. The existing piping is ductile iron in a variety of sizes and connection types (welded, flanged, and Victaulic). The approximate lengths of pipe to be replaced are provided in Table 1. The existing pipes are supported on steel brackets which in some cases support other pipelines.
Table 1 – Pipe Quantities
Pipe Diameter (in) Approximate Pipe Length (ft)
6 350
8 450
10 600
December 2020 FE20-04 – Design SOW Page 2 of 7
For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element:
•New pipe will be fiberglass reinforced pipe (FRP), or glass reinforced pipe (GRP) basedon a performance-based specification.
•Design for thermal expansion and contraction.
•Provide typical joint restraints and pipe supports. Utilize existing pipe supports whenfeasible. Install new supports when necessary.
•Design cleanouts and air release/air vacuum assemblies, and shutoff valves.
•Construction should be phased so that a minimum of three Cengen engines must be in
service at all times.
See Exhibits 13.1 and 13.2 for pictures and record drawings.
III.PROJECT SCHEDULE
Table 1 lists the time frames associated with each major project deliverables along with OCSD’s review and approval periods. CONSULTANT shall comply with the deadlines indicated
in this table.
Table 1 – Project Milestones and Deadlines
MILESTONE DEADLINE
Kickoff Meeting The kickoff meeting will be scheduled to coincide with the Project Notice to Proceed (NTP).
Preliminary Design Report (PDR) 50 workdays from Preliminary Design Phase NTP
OCSD Review of PDR 10 workdays from receipt of PDR
Submit Design Submittal 3 (DS3) 80 workdays from approval of PDR
OCSD Review of DS3 20 workdays from receipt of DS3
Submit Final Design Submittal (FDS) 20 workdays from receipt of OCSD comments on DS3
OCSD Review of FDS 15 workdays from receipt of FDS
Submit Final Technical Specifications and Plans 10 workdays from receipt of OCSD comments on FDS.
For construction, commissioning, and closeout phase services shall be provided per the construction contract schedule, and the following schedule constraints:
December 2020 FE20-04 – Design SOW Page 3 of 7
Table 2 – Construction Phase Milestones and Deadlines
Task(s) Period of Performance
Submittals As described under task titled “Task 4.1 Submittal Reviews”
Requests for Information As described under task titled “Task 4.2 Requests for Information (RFIs)”
Record
Drawings
Draft Record Drawings shall be submitted to OCSD within 4 weeks of receipt
from OCSD of the approved Contractor’s As-Built drawings. The Final Record Drawings shall be submitted within 1 week of receipt of OCSD comments on the Draft Record Drawings.
OCSD will consider an alternative CONSULTANT-proposed design schedule provided it is consistent with OCSD resources and schedule constraints and adds value to OCSD.
IV.PROJECT EXECUTIONProvide the following engineering services.
PHASE 1 – PROJECT DEVELOPMENT (NOT IN THIS SCOPE OF WORK)
PHASE 2 – PRELIMINARY DESIGN DOCUMENTS
TASK 2.1 – PRELIMINARY DESIGN REPORT
•All significant equipment decisions are to be made before the start of Phase 3 –Design. At the end of Phase 2 – Preliminary Design, major design elements shouldbe fixed, and major equipment, footprints, and utility connection locations should be
well established. The extent of the design and the number and type of drawingsshould also be established.
•The report shall identify any equipment that have fewer than three competitivesuppliers. In those cases, the design memo shall recommend an appropriateprocurement strategy compatible with California Law and OCSD policies.
TASK 2.1.1 – REPORT CONTENT
The CONSULTANT shall prepare a preliminary design report that includes the following material:
•Summary of key constructability and construction sequencing constraintsincluding conceptual layouts for any temporary bypass piping necessaryfor construction.
•Develop process flow schematic of the components of the plant watersystem at Plant No. 2 that impact the pipelines being replaced.
December 2020 FE20-04 – Design SOW Page 4 of 7
• Field verify sizes, lengths, and alignments in the field. Alignment of new pipe might not be able to follow existing alignment. Any new alignments should be kept as close to the existing alignment as feasible and documented in the PDR. Identify all locations where the existing
alignment is not feasible.
• Identify the quantity and location of pipe supports necessary.
• Perform utility research, field investigations and staff interviews, and
complete exhibits and drawings as necessary to develop alignment
alternatives and reach agreement with OCSD for preferred alignment.
• All meeting, workshop, and field walk notes.
Preliminary Design Construction Cost Estimate
The CONSULTANT shall prepare an AACE International Class 4 cost estimate per OCSD’s Engineering Design Guidelines, Chapter 01. Data used to prepare the cost estimate shall be included as an attachment to the PDR.
TASK 2.2 – PRELIMINARY DESIGN MEETINGS
CONSULTANT shall hold meetings necessary for the completion of the work. Assume a minimum of three meetings/workshops with a duration of two hours each.
TASK 2.3 - QUALITY CONTROL
CONSULTANT shall provide Quality Assurance and Quality Control of the work. Provide documentation upon request.
TASK 2.4 – PDR SUBMITTAL REVIEW
See Task 3.4 – Design Submittal Review for details.
PHASE 3 – DESIGN CONSULTANT shall be responsible for managing CONSULTANT’s project execution, schedule, budget, subconsultants, and coordination with other projects. CONSULTANT shall hold meetings and workshops throughout the project to keep OCSD appraised of the job, review work-in-progress, share information, discuss project submittals, present findings of technical analyses, receive and resolve comments, and obtain decisions and direction by OCSD staff. In addition, provide the following services during design phase.
TASK 3.1 - BID DOCUMENTS
CONSULTANT shall provide engineering services to prepare biddable plans, technical specifications, and other Bid Documents as required. The CONSULTANT shall prepare construction drawings required for the work in CAD. Utilize CAD drawings provided by
December 2020 FE20-04 – Design SOW Page 5 of 7
OCSD. CONSULTANT shall provide Construction Cost Estimates with DS3. Show all utilities impacting the work. Make submittals in Bluebeam and respond to OCSD
comments in Bluebeam.
Where possible, piping plans and sections shall be based on existing record drawings. CONSULTANT shall utilize existing record drawings as screened base layers to depict
the demolition and installation work.
TASK 3.2 – DESIGN SUBMITTAL REVIEW
The draft PDR and final PDR shall be submitted in searchable PDF format with no hard copy. Drawings shall be submitted as a single compiled file, except where the size of the file would exceed 100 MB, in which case the drawings should be separated into separate files by discipline. The PDF files shall be named to include the project number, the name of the deliverable (e.g. Draft PDR, DS3, etc.), the volume, and the content. In cases where drawings are divided into separate PDF files by discipline, a number or letter shall be included in the file name so that the files are listed in the same order as the List of Drawings (this includes the PDR developed P&IDs, single-line drawings, plan drawings, etc.).
OCSD has standardized on the use of Bluebeam Revu for reviewing and providing comments to PDF files. The purpose of the studio session is to provide review and collaboration. OCSD staff will create the Bluebeam studio session, invite attendees,
configure, and manage the Studio session. Make drawing submittals in Bluebeam and respond to OCSD comments in Bluebeam.
Specifications will be provided as Microsoft Word (MS-Word) files hosted in
Microsoft Teams (MS-Teams). Make specification revisions and respond to OCSD comments using MS-Word in MS-Teams. OCSD comments shall be addressed using MS-Word “Reply” and “Resolve.” The CONSULTANT shall “Reply” to each OCSD comment describing how the comment will be addressed and revise the specification, as needed, to address the comment. “Resolve” will be used by the reviewer or designee to confirm their comment has been addressed.
After final design, all MS-Word comments and revisions shall be Track Changes accepted, rejected, resolved, or deleted prior to bid. The MS-Word commands to “Accept All Changes” and “Delete All Comment in Document” shall be performed just prior to preparing the Bid Documents. No unaddressed comments or revisions shall remain in the Bid Documents.
For more information see Exhibits 14, 15, and 16.
TASK 3.3 - QUALITY CONTROL
Provide Quality Assurance and Quality Control of the work. Provide documentation
upon request.
December 2020 FE20-04 – Design SOW Page 6 of 7
TASK 3.4 - BID SUPPORT SERVICES
CONSULTANT shall provide answers to bidder’s questions related to the design.
Provide revisions to specifications and drawings when needed for addendum.
PHASE 4 – CONSTRUCTION SERVICES
OCSD will administer and provide field inspection for construction contracts. Construction and installation support services shall be provided by the CONSULTANT as indicated below.
TASK 4.1 – SUBMITTAL REVIEWS
OCSD will manage submittal review. The CONSULTANT shall use PMWeb to review and return comments to OCSD. Return comments within one week.
TASK 4.2 – REQUESTS FOR INFORMATION (RFI’S)
OCSD will manage the processing of RFI’s. When requested by OCSD, CONSULTANT shall return written responses to OCSD within five calendar days of receipt of RFI using
PMWeb. CONSULTANT shall generate necessary sketches, figures, and modifications to the drawings for clarification.
PHASE 5 – COMMISSIONING SERVICES (NOT USED)
PHASE 6 – CLOSEOUT
CONSULTANT shall verify that the Contractor’s As-Built set correctly reflects the information included in the approved shop drawings, RFIs, approved Field Change Orders, plan
clarifications, plan changes, and other deviations from the conformed drawings, and that the information in the set is complete.
CONSULTANT shall prepare Draft Record Drawings based on the Final Field Markup Set for all drawings in accordance with the requirements in the CAD Manual. The CONSULTANT shall submit the Draft Record Drawings to the OCSD Resident Engineer. The Draft Record Drawings will be reviewed for content and CAD compliance by OCSD staff. If no comments are identified, CONSULTANT shall prepare the Final Record Drawings and submit them along with the Contractor’s field markup set to the Project Manager. All record drawings shall contain a stamp indicating:
Record Drawings
These record drawings have been prepared based on information provided by others. The Engineer has not verified the accuracy of this information and shall not be responsible for any errors or omissions which may be herein as a result.
December 2020 FE20-04 – Design SOW Page 7 of 7
The stamp shall optimally be placed in the bottom right-hand corner of the border and may be included via x-ref. If importing the stamp via x-ref interferes with content in the bottom
right-hand corner, the stamp may also be placed in other open space along the bottom of the border. In addition, a note shall be placed over the engineer’s seal stating that “This drawing was originally approved for construction by [name of engineer] on [date] and
sealed by [name of engineer] a licensed professional engineer in the State of California No. [License number] “.
CONSULTANT shall submit an electronic copy of the record drawings to OCSD for review and approval. The acceptance of the record drawings shall be deemed a condition for completion of work.
Contractor-generated drawings described in the Design Guidelines and the shop drawings will not be updated by CONSULTANT. The format and quantities for delivery of the submittals shall be listed below:
Contents Draft Record Drawings Final Record Drawings
All related electronic files, including CAD and
compiled PDFs
One copy to be uploaded to Microsoft Teams One copy to be uploaded to Microsoft Teams
V.STAFF ASSISTANCE
OCSD staff member or designee assigned to work with CONSULTANT on the design of this project is Andrew Brown. Phone (714) 599-3397, e-mail abrown@ocsd.com.
EXHIBITS:
Exhibits 1-12 – Not Used
Exhibit 13 Project Reference Material
•13.1 – Project Maps and Photos
•13.2 – Record Drawings
Exhibit 14 – BlueBeam Designer Training for Submission
Exhibit 15 – BlueBeam Designer User Training
Exhibit 16 – Spec Review using Microsoft Word and Teams
AB:dm
04-02-2020 [Project Number] – Design SOW Page 1 of 35
ATTACHMENT A
SCOPE OF WORK
[Project Title] Project No. [ ]
1.PROJECT REQUIREMENTS
SUMMARY
1.0.1 PROFESSIONAL DESIGN ENGINEERING SERVICES
A.Provide professional design engineering services for the project described herein includingthe following:
1.Engineering studies [(Not included in this Agreement)]
2. Preliminary Design Report
3.Environmental documentation services [(Not included in his Agreement)]
4.Permitting assistance [(Not included in this Agreement)]
5.Preparation of bid documents
6. Commissioning services [(Not included in this Agreement)]
7. Closeout services [(Not included in this Agreement)]
BACKGROUND AND GENERAL PROJECT DESCRIPTION
A.[The existing Headworks at Plant No. 2 has been expanded and modified by morethan 40 different projects over the past 30 years. There are a number of Headworkscomponents requiring major rehabilitation, replacement, automation, and safety/seismicupgrades. A Preliminary Engineering Report was prepared in 2000 to evaluate thecondition of the existing Headworks and determine if was more technically andeconomically feasible to replace rather than upgrade the existing Headworks. The Reportrecommended that new Headworks be built at Plant No. 2 to handle flows through theyear 2020.]
B.[The new Headworks at Plant No. 2 will have a rated capacity of 340 mgd and will belocated in the area currently occupied by the sludge drying beds. Once the newHeadworks is constructed and in operation, the existing Headworks B and C will thedemolished. Associated electrical equipment located in Power Buildings A and B will alsobe demolished. Any instrumentation that currently sends information to the HeadworksPLCs will need to be relocated in PLCs in another area before the existing Headworks isdemolished. In addition, any piping that passes through the existing Headworks willneed to be rerouted as part of this project.]
DESCRIPTION OF PROJECT ELEMENTS
Detailed descriptions of the Project Elements are presented below.
1.2.1 PROJECT ELEMENT 1 – [DIVERSION STRUCTURE]
1.0
1.1
1.2
04-02-2020 [Project Number] – Design SOW Page 2 of 35
A.[The Diversion Structure shall be a reinforced concrete structure with gates to allowflow from an influent trunk to be diverted to the adjacent meter(s). This structureincludes stop logs and plates to allow gate maintenance.]
B.[Assumptions for Level of Effort
1.The structure will be cast-in-place concrete with a concrete cover.
2.The concrete cover will support a one-room, single story concrete block buildingto house future electrical and control equipment. The concrete cover shall house 6conduits to supply power and control to the future electrical building.
3.Access to the bottom of the Diversion Structure will be provided by a staircase toa lower level.]
4.[Temporary odor control facilities and temporary piping is needed to phase thereplacement of the utilities in the tunnels.]
5.[Coordinate with SP-166, Odor Control Master Plan. This study will evaluate odorcontrol requirements and the costs of different levels of service at both plants. Theconclusions of this study may have a significant impact on temporary odor controlfacilities. The Consultant shall coordinate with each project and incorporate work
restrictions and requirements in the design documents]
PROJECT SCHEDULE
1.3.1 GENERAL
A.The table below lists the time frames associated with each major project deliverable and withOCSD’s review and approval of those deliverables. CONSULTANT shall comply with the
deadlines indicated in that table.
B.The time frames specified below are used to estimate the actual milestone dates based on
the assumed NTP date, as shown in Exhibit 8 - Project Schedule Calculation.
C.OCSD will consider an alternative CONSULTANT-proposed schedule provided it is
consistent with OCSD resources and schedule constraints and adds value to OCSD.
PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
Kickoff Meeting The kickoff meeting will be scheduled to coincide with the Preliminary Design NTP.
Preliminary Design NTP
Submit draft Preliminary
Design Report (PDR)
[80]workdays from the Preliminary Design NTP. CONSULTANT shall
establish a schedule with the OCSD PM for separately submittingworking drafts of each Design Memo for OCSD review prior to
completing the draft PDR. This schedule shall factor in the logicalsequence for completing the memos as well as both CONSULTANT
and OCSD resources.
OCSD Review of draft PDR [10]workdays from receipt of Draft PDR
Submit final Preliminary Design Report [10]workdays from receipt of OCSD comments on Draft PDR.
Final Design Notice to Proceed CONSULTANT’s schedule shall allow [10] working days from
submittal of the final PDR to receipt of the Design Phase NTP.
Submit Design Submittal 3 (DS3) [80]workdays from receipt of OCSD comments on DS2.
OCSD Review of DS3 [20]workdays from receipt of DS3
1.3
04-02-2020 [Project Number] – Design SOW Page 3 of 35
PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
Submit Final Design
Submittal (FDS)
[10]workdays from receipt of OCSD comments on DS3.CONSULTANT shall stop work upon submission of DS3, except asrequired to participate in OCSD meetings, until receipt of OCSDcomments on DS3.
OCSD Review of FDS [10]workdays from receipt of FDS
Final Technical Specifications and Plans [5]workdays from receipt of OCSD comments on FDS.
D.For construction, commissioning, and closeout phase services, services shall be provided
per the construction contract schedule, and the following schedule constraints:
CONSTRUCTION, COMMISSIONING AND CLOSEOUT SCHEDULE CONSTRAINTS
TASK(S) PERIOD OF PERFORMANCE
Submittals As described under task titled “Submittals”
Requests for Information As described under task titled “Requests for Information (RFIs)”
Record Drawings Draft Record Drawings shall be submitted to OCSD within 4
weeks of receipt from OCSD of the approved Contractor’s As-Built drawings. The Final Record Drawings shall be submitted within 1 weeks of receipt of OCSD comments on the Draft
Record Drawings.
2.PHASE 2 – PRELIMINARY DESIGN
PRELIMINARY DESIGN PRODUCTION
2.0.1 GENERAL
A.Preliminary Design Report (PDR) production involves the preparation of design memos,drawings, calculations, and other supporting material resulting in the PDR.
2.0.2 DESIGN MEMOS
A.The CONSULTANT shall produce Design Memos as indicated below in accordance withExhibit 1 - Preliminary Design Report Requirements. The CONSULTANT shall discuss thecombining of design memos with OCSD and develop a design memo submittal list.
☐Process Design Configuration
☐Design Configuration
☐Redundancy
☐Monitoring and Sampling
☐Process Flow Diagrams
☐Site and Facility Layouts
☐Preliminary Load Criticality Ranking Table
☐Hydraulic Analysis
[Limits of Modeling: …]
☐Hydraulic Analysis
☐Hydraulic Profile
☐Demolition
☐Describe Demolition Requirements
☐Demolition List
☐Demolition Plans
2.0
04-02-2020 [Project Number] – Design SOW Page 4 of 35
☐Demo EID
☐Rehabilitation Requirements
☐Geotechnical Data Report
☐Review of Existing Data - Preliminary Geotechnical Report
☐Geotechnical Data Report and Recommendations
☐Civil Design Parameters
☐General Civil
☐Drainage Requirements
☐Corrosion Protection Requirements
☐Utility Requirements
☐Structural Design Parameters
☐Architectural Design Parameters
Note: Develop up to [three] alternative concepts for review and acceptance
☐Process Mechanical Design Parameters
☐Building Mechanical Design Parameters
☐Fire Protection
☐Fire Protection Requirements
☐Fire Water Flow Analysis
☐Fire Protection Requirements for Existing Facilities
☐Electrical
☐Codes/standards. Brief description of electrical system. Electrical drawings.
☐Identify Electrical System Impacts
☐Report – Data Collection and Verification
☐Preliminary Load List
☐Preliminary Standby Power Requirements
☐ETAP – Preliminary Short Circuit Analysis and Load Flow/Voltage Drop Studies
☐ETAP – Provide Data. OCSD will perform ETAP studies.
☐Preliminary Analysis for cable pull calcs, ductbank cable derating, cable tray fill calcs.
☐Hazardous Area Classification Requirements
☐Instrumentation and Control
☐Instrumentation and Control System
☐Specialty Safety Systems
☐Preliminary SAT
☐PLC and RIO Panel Location Map
☐CCTV Coverage Map
☐Landscaping
☐Landscaping Requirements
☐Develop up to [three] alternative concepts for review and acceptance
☐Plant Utility Investigation Findings
☐Vibration Analysis [Perform vibration analysis for the following equipment: 1. Equipment 1 2. Equipment 2 3. Equipment 3] [(See revised Engineering Design Guidelines Chapter 06, MECHANICAL DESIGN, Section 06.7 “Vibration Analysis for Rotating Electrical Equipment” located at the end of the scope of work)
☐Collections Basis of Design
☐Codes and Standards
☐Hydraulic Analysis
04-02-2020 [Project Number] – Design SOW Page 5 of 35
☐Pipeline Basis of Design
☐Manhole Basis of Design
☐Hydraulic Profiles
☐Collections Rehabilitation Alternatives
☐Pipeline Rehabilitation
☐Manhole Rehabilitation
☐Collections Pipeline Design
Assume 3 viable alignment options
☐Design Memo Items 1-12
☐Open-cut vs. Trenchless Technologies
☐Trenchless Technologies at Major Closings [Assume that a minimum of [17] trenchless crossings will be required.]
☐Collections Utility Investigation Findings
☐Collections Conceptual Traffic Control
☐AHJ and Traffic Control Identification
☐Basis for Traffic Control Strategy
☐Traffic Analysis
☐Traffic Control Plans
☐Design Safety Requirements
☐Design Safety Requirements
☐Identify all potential project specific safety issues
☐Identify all potential Cal OSHA and OCSD safety issues
☐Identify construction safety hazards
☐Use Sample Full Project Safety Review Plan to verify safety elements
☐Risk Management Check List to verify safety elements
☐HAZOP
☐Public Impacts
☐Environmental and Regulatory Requirements
☐CEQA Part of Programmatic EIR
☐CEQA work consists of [ ]
☐Determine project environmental and regulatory requirements
☐Matrix of CEQA and Permit Requirements
☐Mitigation, Monitoring and Reporting List
☐Permit Requirements
☐List of Permits Required
☐Oil Well Abandonment
☐Stormwater Requirements
☐Hazardous Material Survey, Mitigation and Control
☐Maintainability
☐Define Maintainability Requirements
☐Maintainability Requirements Plan Drawings
☐Define Maintainability Rules
☐Define Maintainability Information for Project Specific Equipment
☐Facility Operation and Maintenance
☐Facility O&M Requirements
☐Operating Philosophies
☐Preliminary Assessment of O&M Staffing Requirements
☐Implementation Plan
☐Identification of Adjacent Projects
☐Preliminary Commissioning Checklist
----
04-02-2020 [Project Number] – Design SOW Page 6 of 35
☐Preliminary Construction Sequencing Plan
☐Review of Constructability Issues
☐Temporary Handling of Flow
☐Construction Odor Monitoring and Mitigation
☐Preliminary Technical Specification List
2.0.3 PROJECT SPECIFIC DESIGN MEMOS
A. [_____]
2.0.4 PRELIMINARY DESIGN DRAWINGS
A. The CONSULTANT shall produce the following Preliminary Design Report drawings in accordance with Exhibit 1 - Preliminary Design Report Requirements.
☐General
☐Demolition
☐Civil
☐Landscape
☐Structural
☐Architectural
☐Mechanical
☐Electrical
☐Instrumentation and Control
2.0.5 PRELIMINARY DESIGN REPORT (PDR) CONTENTS AND ORGANIZATION
A. Preliminary Design Report (PDR) Production involves the preparation of design memos,
drawings, calculations, and other supporting material resulting in the PDR.
B. The CONSULTANT shall combine the materials described below into a draft PDR. The PDR shall be structured as outlined below, with the contents corresponding to the tasks listed in this Scope of Work.
Preliminary Design Report Design Memos Drawings (see Preliminary Design Drawings list below) Submittal Documentation Calculations Equipment Data & Catalog Cuts Decision Log
Meeting Minutes
C. The draft PDR and final PDR shall be submitted in searchable PDF format legible on-screen
and as a hard copy. The number of hard copies is indicated in Exhibit 9 - Deliverables Quantities. The labeling and organization of the PDF submittal shall be in accordance with Exhibit 14 - Bluebeam Designer Training for Submission.
2.0.6 PRELIMINARY DESIGN COST ESTIMATE
A. The CONSULTANT shall provide a cost estimate for the associated PDR submittal indicated below in accordance with Exhibit 1 - Preliminary Design Report Requirements.
☐Preliminary design cost estimate is not required.
☐Preliminary design cost estimate is required.
PRELIMINARY DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants,
including reviewing their work products prior to submission to OCSD.
2.1
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2.1.1 TOPOGRAPHIC SURVEY
A. CONSULTANT shall conduct field and aerial surveys as required. Topographic information used on the construction plans shall be generated from a field survey [and an aerial mapping process]. [OCSD will not provide the aerial survey information to the CONSULTANT for use on the project.]
B. Prior to beginning design, CONSULTANT shall prepare the scope of work for field [and aerial] surveys required for all applicable project elements. OCSD will establish both vertical and horizontal control for the project. The field survey shall be used to establish both horizontal and vertical alignment of the facilities and shall note all survey monuments, topographic features, property lines, and elevations. The basis of bearings and benchmarks shall be indicated on the drawings. Control shall meet or exceed NGVD 88 requirements and shall be based on the Plant Local Coordinate System and datum. CONSULTANT’s project schedule
shall account for the above.
C. [The aerial topography shall be required to meet the following criteria:
1. The final product shall be delivered in AutoCAD.
2. The aerial shall be based on the plant coordinate system.
3. The CAD file shall adhere to the CAD Manual. OCSD shall be given the opportunity to review and comment on the compliance to the CAD Manual.
4. Site contours shall be in 0.5-foot intervals.
5. Contour and spot elevations shall be 3D; all other features shall be 2D.]
6. CONSULTANT shall include the survey-related documents with the Design Support Documentation portion of the Design Submittals as specified in the Engineering Design
Guidelines, Appendix A, Section A.3.19 “Project Support Documentation (PDS)”.
D. Control Surveys for Collection Systems
1. General: Topographical information used on the construction plans shall be generated from an aerial mapping process. CONSULTANT shall provide for the aerial and field surveys necessary for the mapping process for all applicable Project Elements of the project Scope of Work and shall provide for the aerial mapping. Providing for the process includes paying for, coordinating and designing the aerial and horizontal/vertical control surveying for the preliminary and final design. CONSULTANT’s responsibilities for the surveys include
generating any subconsultant scopes of work, data interpretation and preliminary design. All survey work is to be done under the direction and control of a Professional Land Surveyor, licensed by the State of California.
2. Aerial Survey: The aerial photography shall have sufficient coverage for the digital topographic mapping. The photo scale of the aerial photography shall not be more than 100 feet per inch for pipeline work or 20-feet per inch for pump stations. Stereo pairs of
photographs shall be furnished to OCSD.
3. Phasing of Work: Other than the aerial and topographic survey work, the balance of the survey work shall not commence until the design phase of the project has been authorized or concurred to by OCSD.
4. Field Survey Aerial: A field survey shall be used to establish both horizontal and vertical control for the project. Control shall meet or exceed NGVD 88 requirements and shall be based on California State Plan Coordinates (NAD 83) including the 1995 O.C. surveyor’s adjustments. A sufficient number of points shall be used to accurately complete the digital topographic modeling. No less than five control points per stereo model shall be used.
5. Aerial Field Survey Inclusions: The field survey shall include all survey monuments, topographic features, easements, property lines, culture, and elevations on the plan and
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profile sheets. All covers, including the existing sewer manholes, storm drain manholes, and utility and valve vaults shall be identified and marked in the field.
6. OCSD Review Aerial Survey Line: The general location and alignment of the survey line shall be submitted to OCSD prior to performing the field survey. Survey work shall not commence until authorized or concurred to by OCSD. CONSULTANT shall be responsible for obtaining and paying for the field survey services.
7. Field Survey Base Line: The field survey shall establish a base line for construction purposes for pipeline work equal to or greater than 500-feet in length. The line will be used to define the proposed design, in terms of station and offset, and to establish the bearings for right-of-way. The survey line shall be set on 100-foot stations and shall be tied to the established aerial control. The field survey shall tie in all controlling monuments within the map limits and all street centerline intersections. The ties shall be express in both State
Plane Coordinates and as station and offset.
8. Manhole Information: The field survey shall also include the measurement of the invert and manhole rim elevations of all existing sewers within the project reach. The size, orientation and invert of any pipe connections shall also be recorded.
9. Base Map: The base map index contours shall be spaced at five feet (5’) vertically and the immediate contours shall be spaced at one-foot (1’) contour intervals. The mapping shall
include digital topographic mapping. The digital format shall be compatible with OCSD Graphic Information System. All surface features, including those hidden from aerial view
shall be incorporated into the digital mapping.
10. Plan and Profile Sheets: CONSULTANT shall prepare plan and profile sheets based upon the aerial mapping. The scale for plan and profile sheets shall be one inch equals forty feet (1” = 40’) horizontal and one inch equals four feet (1” = 4’) vertical. An aerial
photographic (photo strip) with the alignment shall be included. The plan view shall be separate from the photo strip. Intersections shall be adequately detailed at a scale of one inch equals ten feet (1” = 10’) or one inch equals twenty feet (1” = 20’). Manholes and other details shall be drawn at a scale that is adequate to provide clarity and sufficient detail for construction. The pump station construction drawings shall be drafted at scales of 1/8” = 1’ to 1” = 20’, as adequate, to allow for sufficient detail to be shown. The basis of bearings and
benchmarks shall be indicated on the drawings,
11. Survey Note Submittal: CONSULTANT shall submit two bound copies of all survey notes and data used to establish vertical and horizontal control. The information submitted shall be suitable for use to establish construction controls. If additional property and/or right-of-way are required, CONSULTANT shall identify property and/or rights-of-way to be acquired. CONSULTANT shall prepare legal descriptions and plats for easements and
property to be acquired during the final design phase of the project.
2.1.2 GEOTECHNICAL INVESTIGATION
A. CONSULTANT shall secure the services of a qualified Geotechnical Engineering firm to prepare a Geotechnical Data Report that addresses geotechnical concerns for all applicable Project Elements of the project Scope of Work
B. Soil Explorations
1. The geotechnical services shall include exploratory work such as soil borings necessary to observe, test, classify soils, and monitor groundwater levels and potential groundwater pollutants of concern.
2. The number and spacing of borings shall be based on the geotechnical professional’s interpretation of needs and recommendation; however, a maximum of five hundred feet (500’) shall be allowed between pipeline alignment borings along a pipeline alignment.
a. If unexpected or unique soils are encountered, an adequate number of borings shall be taken to try and define the limits of the anomaly.
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3. [Borings shall also be taken at or near the upstream and downstream connection points for the proposed facility.]
4. The depth of the borings shall be adequate to characterize the soils to a depth of at least five feet below the bottom of an excavation or any proposed sewer invert elevation. At least two borings shall extend ten (10) feet below the proposed excavation bottom or sewer invert.
5. [The number of borings, trenching, CPTs, or other exploratory testing shall be as indicated in CONSULTANT’s Technical Proposal and Fee Proposal. In the event that additional exploratory investigations are required, the price for such testing shall be negotiated on the basis of the unit priced indicated in CONSULTANT’s Fee Proposal.]
6. [Specify in the proposal the required number of borings as wells as a unit price allowance per boring in the proposal base price. Based on the actual number of borings performed in the project as determined and agreed upon by CONSULTANT and OCSD, OCSD will pay the final price in accordance with the per-unit allowance in the CONSULTANT’s proposal.]
C. Soil Sampling
1. Soil samples for testing shall be collected as needed based upon CONSULTANT’s
professional judgment. However, samples intervals shall not exceed two-foot depth intervals alternating SPT and RING samples in each boring. If borings are taken near existing
sewers, samples shall be taken and delivered to OCSD for testing for coliforms to determine if sewers are leaking.
D. Ground Water Pump Testing
1. [Pumping tests shall not be required to determine dewatering parameters for inclusion in the specifications.]
2. [Conduct ground water pump testing to determine dewatering parameters for inclusion of the specifications.
3. Provide a complete specification for the abandonment of wells for areas where aquifers could be compromised. Potential abandonment methods for deep penetrations might consist of overdrilling and fill with cement-bentonite grout slurry, or deep pressure grouting to create a concrete seal.]
E. Groundwater Contamination Testing
1. [ ]
F. Soil Exploration Locations
1. The location of all soil explorations shall be plotted on a map and attached to the Geotechnical Report. Preferably, the explorations shall include survey coordinates
consistent with the project survey. Complete logs of the soil profiles shall be included in the report.
2. Explorations shall be located strategically within the footprint of the proposed excavation or on the centerline of proposed pipeline alignments. A total of [____] borings shall be cased
and converted into water level monitoring wells for use during construction according to local agency requirements. CONSULTANT shall obtain all necessary permits for the installation of
monitoring wells. CONSULTANT shall also be responsible for abandoning the wells after the construction is completed and the monitoring wells are no longer useful.
3. Work conducted within OCSD’s treatment plants shall comply with the requirements of the OCSD Stormwater Management Plan. Work conducted outside OCSD’s treatment plant
shall comply with the requirements of the local jurisdiction.
2.1.3 UTILITY INVESTIGATION
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A. To better manage the risks associated with construction excavation, CONSULTANT shall perform a thorough search of all utilities impacted by the work for all applicable Project Elements of this Scope of Work, regardless of size and all other facilities above or below ground. Utilities include all in-plant, utility company-owned and public agency-owned piping, duct banks, and other interferences. The search shall include utilities within the public right-of-way, and those located on private property and OCSD property impacted by the proposed project. The search
shall include the records and plans of OCSD and all respective public and private companies and utilities.
B. Review of OCSD Records
1. OCSD’s “As-built/Record” plans may be incomplete or inaccurate with respect to the routing of individual utilities, pipelines, etc. in the vicinity of the project. CONSULTANT shall check OCSD records against those of the other agencies, companies and utilities. These
may include, but not be limited to, oil, gas, fuel, water, and sewer pipelines; traffic control facilities, telephone and electrical conduit and duct banks, storm drains, manholes, and other
structures.
C. Review of Outside Agency Records
1. CONSULTANT shall contact, in writing, all jurisdictional agencies and utility owners to inform them of OCSD’s project. CONSULTANT shall request plans showing all the agency’s
or utility’s facilities, pipelines, etc. in the project area. CONSULTANT shall also request plans and schedules for all proposed construction in the project areas. CONSULTANT shall develop a schedule to minimize project conflicts and/or coordinate OCSD projects with local agencies.
2. CONSULTANT shall personally visit each agency/company and search through all available plans, files, and documents. CONSULTANT shall meet with applicable field staff
from each agency to confirm the completeness of their research. Abandoned utilities shall also be considered.
3. CONSULTANT shall document the contacts and information requested and received, including that from Underground Service Alert (USA). OCSD shall be copied on all
correspondence between CONSULTANT and public and private agencies, and utility companies. CONSULTANT shall submit a copy of all documentation to OCSD with an
itemized submittal letter. CONSULTANT’s Project Manager shall sign the transmittal cover letter and the cover letter shall confirm that CONSULTANT has sent a representative to
each agency/company/utility, performed on-site inspections for each utility, and has listed the utilities.
4. CONSULTANT shall contact USA and request a Substructure listing for the project area.
D. On-Site Inspection
1. An on-site inspection shall be made in the project area. During the on-site inspection, a senior-level CONSULTANT representative shall walk the site accompanied by OCSD’s
Project Engineer and Supervising Inspector. The CONSULTANT representative shall be experienced in the location and identification of utilities in the field. During the on-site
inspection the CONSULTANT shall document all visible features that indicate utilities within the project area and compare them with the available utility plans.
E. Utilities for Adjacent Properties
1. CONSULTANT shall investigate all utilities serving properties adjacent to the work, and
submit a spreadsheet at the end of the utility research accounting for all anticipated utilities for OCSD review, with the following information:
a. List all utilities anticipated or each adjacent property.
b. Indicate whether or not each such utility was found on as-built drawings of any
agency, with an identification of the agencies identifying such utility.
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c. Indicate whether or not the utility was field located by utility through USA process, and, if so, by which agency.
F. CONSULTANT shall provide all required stamped traffic control plans as part of the encroachment application process required by all cities for use during the geophysical investigations, potholing, geotechnical borings and field investigations.
G. Subsurface Utility Investigations
1. Investigation of existing utilities shall be in accordance with the respective ASCE guidelines, except as amended by this Scope of Work. A brief description of the ASCE
guidelines defines the Quality Level of detail for researching subsurface utilities as follows:
a. Quality Level D: Information derived from existing records or oral recollections.
b. Quality Level C: Information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information
to Quality Level D information.
c. Quality Level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate position of subsurface utilities. Quality Level B data shall be reproducible by surface geophysics,
such as ground penetrating radar, at any point of their depiction. This information is surveyed to applicable tolerances and reduced onto plan documents.
d. Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed subsurface and surveyed utilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for
utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on the plan documents. Accuracy is typically set to 15-mm vertical
and to applicable horizontal survey and mapping accuracy.
2. Refer to CI/ASCE 38-02, Standard Guidelines for Collection and Depiction of Existing Subsurface Utility Data for details.
3. CONSULTANT shall determine all utilities impacted by the work for all applicable Project
Elements of this Scope of Work. Utilities include [all in-plant utilities] [utility company-owned, and public agency-owned piping, duct banks, and other interferences]. All
utilities encountered during the preliminary design shall be shown on the plans.
4. Subsurface investigation for all utilities in and around the work area shall be performed
to Quality Level D and Quality Level C. All utilities shall be plotted both in plan and profile on a scaled drawing that can later be incorporated into scaled (1” = 40’) plan drawings.
5. CONSULTANT shall submit, for acceptance by OCSD, recommendations on which utilities should be investigated to Quality Level A and where Quality Level B investigations
should be performed. As part of the submittal, a Potholing Plan and Geophysical Investigation Plan shall be developed including proposed pothole locations and type of
geophysical investigation.
6. Prior to OCSD’s acceptance of the Potholing Plan/Geophysical Investigation Plan, a
project field walk by the CONSULTANT Project Manager, OCSD Project Engineer, Supervising Inspector, and other designated OCSD personnel shall be performed.
H. Potholes and Geophysical Investigation
1. CONSULTANT shall secure the services of a subcontractor to perform the pothole work
and geophysical investigation (including ground-penetrating radar).
2. CONSULTANT shall “pothole” and perform geophysical investigation on all utilities
described and shown in the accepted Potholing Plan/Geophysical Investigation Plan. CONSULTANT’s staff shall be on-site during potholing to provide direction to potholing crew.
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OCSD staff shall also be present during potholing. Field investigations include visiting the project work site and each utility to verify the location of all interferences.
3. CONSULTANT shall provide all the related work necessary, including, but not limited to:
a. Documentation of information
b. Notification of USA’s “Dig Alert”
c. Providing field survey
d. Obtaining required permits
e. Submission of traffic control plans
f. Setting up traffic control
g. Soft dig potholing
h. Ground-penetrating radar
i. Excavating
j. Backfilling
k. Repairing pavement to local jurisdiction requirements
4. “Soft” excavation potholing methods such as vacuum extraction is preferred; however, excavation methods shall be chosen to adequately define the utility. Crosscut trenches may be preferred for defining some utility locations. Hydro-jetting soft dig should be avoided in sandy, wet and contaminated soil conditions.
5. Potholing subcontractor shall measure and document the depth of pavement and of base material at each pothole, and every five feet along crosscut trenches.
6. Work conducted within OCSD’s treatment plants shall comply with the requirements of the OCSD Stormwater Management Plan. Work conducted outside OCSD’s treatment plant shall comply with the requirements of the local jurisdiction.
7. CONSULTANT shall provide a licensed land surveyor or hire a licensed survey
subcontractor(s) to field-locate the actual horizontal and vertical location of the constructed potholes. Survey controls shall be set and coordinated with the survey controls used on previous construction drawings. [OCSD] [City and County] control points shall be checked; northing, easting and elevation data for each pothole shall be shown on the Contract
Drawings; and physical tie-ins provided in order to easily re-establish pothole locations after construction. CONSULTANT shall supply and supervise survey work and subcontractors
needed to perform the pothole work. Survey datum differences shall also be reconciled.
8. The results of potholing and geophysical efforts shall be summarized in a field findings report.
9. CONSULTANT shall backfill and repair potholes consistent with the requirements of the
local jurisdiction. If CONSULTANT is unable to determine local jurisdiction requirements prior to the proposal, CONSULTANT shall assume the following requirements:
a. The materials removed from the excavation may not be used for backfill, unless approved by the local jurisdiction. If approved, excavated material used to fill potholes shall be placed with a maximum lift thickness of four inches and mechanically compacted.
b. If not approved, the CONSULTANT shall be responsible for hauling off and disposing of excavated pothole material. In this case, excavation holes shall be filled with a cement slurry mix from the bottom up. The excavated materials shall be tested for hazardous materials and disposed of offsite accordingly. Testing shall be the
minimum required for classifying the materials. The potholing samples shall be tested
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by a California Environmental Laboratory Accreditation Program (ELAP) certified laboratory to identify characteristics of hazardous waste. A substance shall be considered hazardous if it possesses properties of toxicity, ignitability, corrosivity and/or reactivity per California Code of Regulations Title 22, Section 66261. In addition, Minimum the laboratory testing shall include an on-site Organic Vapor Analyzer (OVA) test for potential hydrocarbon contaminants. Should the OVA reading be equal to or
greater than 45 ppm, further laboratory Minimum testing shall be performed to include Benzene, Toluene, Ethyl Benzene, and Xylene (BTEX) test per EPA guideline 8020 and Total Hydrocarbons (TPH) tests per EPA guideline. should the OVA reading be equal to or greater than 45 ppm.
c. AC pavement shall be replaced to full depth or the structural section (AC & Base) plus two inches with hot mix asphalt unless otherwise required by [the City]. Cold mix
shall only be allowed when the patch will be replaced by the project and where approved by [the City].
d. Concrete pavement shall be replaced to full depth plus two inches with Portland cement unless otherwise required by [the City].
I. Quantitative Assumptions
1. [CONSULTANT’s fee proposal shall include a cost for potholes and unit cost for additional potholes. The cost shall provide for a minimum of [____] potholes during preliminary design and [____] potholes during final design.
2. CONSULTANT’s fee proposal shall include a cost for geophysical investigation. The cost shall provide for a minimum of [____] square feet during preliminary design.]
3. [An allowance shall be included in the proposal for potholing including number of potholes and unit price per pothole.
4. An allowance shall be included in the proposal for geophysical investigation including total square feet and unit price per square foot.]
J. Depiction of Utilities and Potholes on Plans
1. All utilities encountered during the preliminary design shall be shown on the Plans.
Project work that requires other agencies to relocate existing utilities shall be coordinated during the design by CONSULTANT. Each subsurface utility shown on the drawings shall
include the Quality Level to which it was investigated as required by CI/ASCE 38-02. Pothole locations shall be shown on drawings with survey information.
K. Relocation of Existing Utilities
1. Project work that requires other agencies to relocate existing utilities shall be
coordinated during design by CONSULTANT.
2.1.4 FIRE PROTECTION SERVICES
A. CONSULTANT shall secure the services of a Subconsultant to determine the fire protection requirements and prepare preliminary design and final plans and specifications for the selected
plan and assist OCSD in obtaining approval from the fire authority.
B. Fire Flow Analysis:
☐Evaluation of existing potable water system is not required. Assume that the existing
potable water system has adequate pressure and volume to supply the required sprinkler systems and hydrants.
☐Evaluate existing potable water system for adequate pressure and volume to supply the
required sprinkler systems and hydrants.
2.1.5 ELECTRICAL LOAD MEASUREMENTS
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A. CONSULTANT shall perform preliminary calculations of existing equipment (i.e. panelboards and motor control centers) early in PDR, prior to taking any load measurements to determine if
there is adequate spare capacity for the new loads.
B. [OCSD has the following power monitoring data:
1. [Equipment Description and Tag 1]
2. [Equipment Description and Tag 1]]
C. Consultant shall develop a list of loads load measurements that need to be taken to perform load calculation.
D. CONSULTANT shall take electrical measurements per Engineering Design Guidelines, Chapter 10, Section 10.2.1.4 “Report- Load Measurement and Recording”.
E. [The following describes the general nature of measurements to be taken.
1. [Measurement Description 1]
2. [Measurement Description 2]]
F. [CONSULTANT shall include [#] medium voltage circuits and [#] low voltage circuits in their proposal along with the unit costs for each type of circuit. The CONSULTANT shall review existing Project information during Phase 2 – Preliminary Design and confer with OCSD on the actual work to be done.]
G. The load measurements data shall be compiled in a Load Measurement and Recording
Report included as an attachment to the Electrical Design Memo.
2.1.6 SPECIALTY SERVICE
A. [____]
2.1.7 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance may span across Phase 2 – Preliminary Design and Phase 3 - Design. When such services are required, they will be based
on the requirements of Section III – Project Schedule and the schedule constraints associated with each particular permit. The CONSULTANT shall allocate the budgeted hours between the Environmental Documentation services in Phase 2 and Phase 3 based on when these services will be required.
B. For all applicable Project Elements of this Scope of Work, CONSULTANT shall provide Bid Documents that ensure that the facility features and the facility performance, and construction
procedures comply with all conditions of existing permits and permits required to construct this project. Construction drawings, specifications and supplemental drawings shall be prepared, as necessary, in the format required to obtain all permits.
C. CONSULTANT shall assist OCSD in obtaining permits. This assistance shall include
completing application forms provided by OCSD, preparing supporting documentation for the permit applications as required by the issuing agency, furnishing the required number of copies
of all construction drawings and exhibits, and attending meetings with permitting agencies at the request of OCSD.
D. With the exception of construction contractor-furnished permits, OCSD staff will execute all applications. All permit fees will be paid directly by the OCSD and will not be part of
CONSULTANT’s fee.
E. CONSULTANT shall submit all supporting documentation in a timely fashion for all permits
required for this project as described below.
F. Building Permits
1. [__________]
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2. The CONSULTANT shall assume [___] meetings at [___] hours each.
G. CalTrans Encroachment Permits
1. [__________]
2. The CONSULTANT shall assume [___] meetings at [___] hours each.
H. City / County Encroachment Permits
1. [__________]
2. The CONSULTANT shall assume [___] meetings at [___] hours each.
I. Stormwater Permitting
1. [Stormwater permitting is not required for this project.]
2. [CONSULTANT shall determine and specify the preliminary Risk Level and Project Type using the California State Water Resources Control Board’s Storm Water Multiple Application and Report Tracking System (SMARTS) based on the R-Factor obtained from US EPA’s online Rainfall Erosivity Factor Calculator for Small Construction Sites.
3. CONSULTANT shall prepare the specification for stormwater using OCSD’s respective master specification as a starting point. CONSULTANT shall not begin work on editing the specification until OCSD has approved the Consultant’s preliminary Risk Level and Project Type.
4. It is OCSD’s intent to design linear underground/overhead projects (LUP) to LUP Type 2 requirements, whenever possible, which is often the most economical approach. CONSULTANT shall coordinate with the OCSD Project Manager and OCSD Environmental Compliance Division and edit Stormwater Pollution Prevention Plant specifications accordingly.]
2.1.8 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution, schedule, budget, subconsultants, and coordination with other projects. The following project management requirements apply to both Phase 2 – Preliminary Design and Phase 3 – Design.
B. Progress Reports
1. CONSULTANT shall submit monthly progress reports at the same time as monthly invoices that include the following contents:
a. Work activities completed to date, in the current reporting period, and projected for the coming month.
b. A brief description of outstanding issues and their potential for impact on scope, schedule (design and construction), budget (design and construction) and quality.
c. Potential changes in the project scope or design scope.
d. Budget status including estimates of actual costs to date, earned value, costs to
complete, and costs at completion.
e. Schedule status with a description of any variances between scheduled and forecasted milestone dates.
f. A discussion of corrective actions to be taken to avoid or mitigate cases where the
project schedule is expected to be delayed.
C. Project Invoices
1. The invoices shall document the man-hours and billing rate for each person that works on the project. Overhead, profit and any direct costs shall also be shown for each task. As
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part of the summary section of the invoice, CONSULTANT shall also include the following information:
a. Budget
b. Current billing period invoicing
c. Previous billing period “total invoiced to date”
d. Budget Amount Remaining
e. Current billing period “total percent invoiced to date”
2. Approval of an invoice by OCSD requires a Progress Report for the period covered by
the invoice. Payment of an invoice will be delayed until the Progress Report is submitted.
3. OCSD will provide a sample invoice structure to CONSULTANT at the beginning of the project.
D. Management of Subconsultants
1. The CONSULTANT shall be responsible for managing all subconsultants, including the assignment of scope, management of deliverables and schedules, reporting of progress,
invoicing, and quality control.
2.1.9 QUALITY CONTROL
A. The CONSULTANT shall provide quality control requirements in accordance with Exhibit 6 - Quality Control Requirements.
B. Quality Assurance/Quality Control Plan
☐QA/QC Plan Submittal Required
☐QA/QC Plan Submittal Not Required. Consultant shall utilize their standard QA/QC
procedures and meet OCSD’s quality control requirements.
PDR WORKSHOPS AND MEETINGS
2.2.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in accordance with Exhibit 5 - Workshop and Meeting Requirements.
B. A copy of all comments on project issues obtained by CONSULTANT from OCSD staff
without direct OCSD Engineering Project Manager’s involvement shall be submitted for the Project Manager’s approval within three business days of receipt.
2.2.2 PDR MEETINGS
A. CONSULTANT shall hold meetings throughout the project to keep OCSD appraised of the job, review work-in-progress, share information, discuss project submittals, present findings of technical analyses, receive and resolve comments, and obtain decisions and direction by OCSD
staff. The list below also indicates the number of meetings to be held to cover the specific topic.
PDR MEETINGS
TOPIC DURATION (HRS)
Predesign Kick-off Meeting [1]
PDR Production Meetings
[… 1
Constructability 1
Maintainability 1]
2.2
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2.2.3 PDR REVIEW WORKSHOPS
A. CONSULTANT shall hold the following workshops to review the draft Preliminary Design
Report as required in Exhibit 5 - Workshop and Meeting Requirements:
1. Draft PDR Presentation/Review Workshop
2.2.4 TECHNICAL PROGRESS MEETINGS
A. Technical Progress Meetings shall be held every [___] weeks to review various issues with
OCSD’s project team. A total of [____] meeting shall be held during Preliminary Design Phase. The CONSULTANT shall coordinate with the OCSD Project Manager to determine what topics will be covered in what meetings, and what OCSD and CONSULTANT team members are required for each.
2.2.5 COORDINATION WITH OTHER PROJECTS MEETINGS
A. The project shall be a complete and fully functional facility that is integrated with existing
facilities and coordinated with other construction projects. CONSULTANT shall review reports, plans and specifications to identify potential conflicts with the following adjacent projects and
participate in the number of meetings indicated in the following table:
PROJECT COORDINATION MEETINGS
PROJECT PHASE 2 COORDINATION MEETINGS PHASE 3 COORDINATION MEETINGS
[P1-23] [2 meetings @ 2 hrs] [3 meetings @ 2 hours]
[P2-34] [2 meetings @ 2 hrs] [3 meetings @ 2 hours]
2.2.6 STORMWATER COMPLIANCE MEETING
A. A formal meeting shall be held with OCSD’s stormwater compliance staff to review the project scope and identify all issues during and after construction affecting compliance with stormwater regulatory requirements and OCSD’s policies and practices.
3. PHASE 3 – DESIGN
BID DOCUMENTS
3.0.1 GENERAL
A. CONSULTANT shall provide engineering services to prepare biddable plans, technical specifications, and other Bid Documents as required based on the design concepts and criteria developed during Phase 2 - Preliminary Design. In this Scope of Work, construction documents include specifications; drawings; cable, conduit and cable tray schedules; commissioning plan
materials; equipment and instrumentation database (EID); SCADA Administration Tool (SAT); and bypassing plans.
3.0.2 ENGINEERING DESIGN GUIDELINE UPDATES
A. All changes in OCSD’s Engineering Standards, OCSD’s Design Guidelines, and/or changes in design concepts and facility layouts as a result of OCSD comments that may occur up to transmittal of OCSD comments on PDR, shall be incorporated into the Design by CONSULTANT
with no increase in CONSULTANT’s Not-to-Exceed upper limit on fees.
3.0.3 GENERAL REQUIREMENTS AND ADDITIONAL GENERAL REQUIREMENTS
A. The following are the minimum Additional GRs topics required for this project:
☐Summary of Work
☐Work Sequence
☐Work Restrictions
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☐Permits
☐Environmental Restrictions and Controls
☐Measurement and Payment (includes Mobilization/Demobilization)
☐Seismic Design Criteria (for those restraints, supports, etc. to be design by the Contractor)
☐Shipping, Storage and Handling
☐Project Control Management System (PMWeb construction management software)
☐Equipment Service Manuals
☐Equipment and Instrument Database (EID)
☐Commissioning
☐Training of OCSD Personnel
☐Hazardous Materials Mitigation and Controls
☐Mold Remediation and Controls
☐[ ]
3.0.4 DESIGN SUBMITTALS
A. The CONSULTANT shall produce the following design submittals as indicated below in accordance with Exhibit 2 - Design Requirements. If a design submittal is eliminated, then the
design submittal shall include the requirements associated with the required design submittal along with the requirements associated with the previous unchecked design submittals.
☐Design Submittal 1
☐Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.0.5 CABLE AND CONDUIT SCHEDULE
☐CONSULTANT shall put the cable and raceway schedule on the drawings. CONSULTANT may utilize an Excel spreadsheet and copy the spreadsheet onto the drawings. ☐CONSULTANT shall utilize OCSD’s Microsoft Access Cable and Raceway Schedule database electronic format. See exhibit titled “Cable Conduit and Tray Schedule Database”.
3.0.6 COMMISSIONING PLAN MATERIALS
A. The CONSULTANT shall provide a commissioning plan materials in accordance Exhibit 2 - Design Requirements.
B. Specification Section 01810, Commissioning
☐OCSD will prepare Section 01810
☐CONSULTANT shall edit Section 01810
C. ORT Procedures
☐OCSD will prepare ORT procedures
☐CONSULTANT shall prepare ORT procedures using OCSD’s ORT procedure generator
☐CONSULTANT shall prepare new ORT procedures [consisting of: ]
D. Pre-FAT Procedures
☐Pre-FAT procedures not required
☐OCSD will prepare Pre-FAT procedures
☐CONSULTANT shall prepare Pre-FAT procedures
E. FAT Procedures
☐OCSD will prepare FAT procedures
☐CONSULTANT shall prepare FAT procedures
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F. RAT Procedures
☐ RAT procedures not required
☐ OCSD will prepare RAT procedures
☐CONSULTANT shall prepare RAT procedures
G. PAT Procedures
☐PAT procedures not required
☐OCSD will prepare PAT procedures
☐CONSULTANT shall prepare PAT procedures
3.0.7 EQUIPMENT AND INSTRUMENTATION DATABASE (EID)
☐EID is not required.
☐OCSD will develop the EID in accordance Exhibit 2 - Design Requirements.
☐CONSULTANT shall develop EID in accordance Exhibit 2 - Design Requirements.
3.0.8 SCADA ADMINISTRATION TOOL (SAT)
☐SAT is not required.
☐OCSD will develop the SAT in accordance Exhibit 2 - Design Requirements.
☐CONSULTANT shall develop the SAT in accordance Exhibit 2 - Design Requirements.
3.0.9 CONSTRUCTION SUBMITTAL ITEMS LIST
☐OCSD will develop the Construction Submittal Items List in accordance with Exhibit 2 - Design Requirements.
☐CONSULTANT shall develop the Construction Submittal Items List in accordance with
Exhibit 2 - Design Requirements.
3.0.10 TEMPORARY FACILITIES DURING CONTRUCTION
☐Temporary facilities and bypass pumping are not required.
Select below if temporary requirements are defined under “Temporary Facilities During Construction” and temporary facilities or bypassing can easily be described in words on the
drawings or technical specifications.
☐Temporary facilities and bypassing during construction are required, as described under the
“Temporary Facilities During Construction” paragraph under the Project Elemets, and shall be described in words on the drawings and technical specifications.
Select below if temporary requirements are defined under “Temporary Facilities during Construction” and temporary facilities or bypassing is complicated.
☐Detailed plans and work sequence for temporary facilities and bypassing during construction,
as described under the “Temporary Facilities During Construction” paragraph under the Project Elements.
DESIGN SUPPORT DOCUMENTATION
3.1.1 DESIGN SUBMITTAL SUPPORT DOCUMENTATION
A. The CONSULTANT shall provide a Design Submittal Support Documentation in accordance Exhibit 2 - Design Requirements.
B. Design Information
1. CONSULTANT shall include the following material with each Design Submittal:
a. Written response log to OCSD comments on the previous submittal.
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b. CEQA and Regulatory Compliance Matrix. This matrix shall list each applicable CEQA mitigation requirement and all known permit requirements with the corresponding description of how each requirement is to be satisfied. Measures to satisfy requirements might be in the GRs, Additional GRs, particular specification requirements, or actions taken separately from the construction contract.
c. Calculations
d. Draft or final Geotechnical Reports not submitted in the previous submittal and those revised since the previous submittal.
e. Proposed list of suppliers to be named in the specifications for major equipment
f. Draft or final Fire Protection Reports not submitted in the previous submittal and those revised since the previous submittal.
g. Draft or final Field Findings Reports not submitted in the previous submittal and
those revised since the previous submittal.
h. Equipment data sheets
i. Equipment catalog cuts and vendor quotations.
j. Commissioning Checklist. The Preliminary Commissioning Checklist first developed in the PDR Production Phase shall be updated in each Design Submittal to reflect all changes in equipment, and any changes in predecessors applicable testing and
certifications required prior to commissioning. Each row shall be assigned to a commissioning package.
k. All memos that may be been prepared since the previous submittal was delivered.
C. Facility Operation and Maintenance
☒Not required.
D. Electrical Deign Documentation
☐Electrical design documentation not required.
☐Updated Electrical Load Criticality Table
☐Electrical Analysis Report
☐Load list for all equipment
☐Equipment sizing from three manufacturers for motor control centers, switchgear, transformers
and power panels
☐Lighting calculations
☐Standby generator sizing calculations
☐Ductbank cable pulling tension, derating and cable tray fill calculations
E. Power System Studies
☐ETAP not required.
☐Plant ETAP model for the project performed by OCSD.
☐Plant ETAP model for the project performed by CONSULTANT.
☐Electrical Systems Analysis Report performed by CONSULTANT.
3.1.2 CONSTRUCTION COST ESTIMATE
A. The CONSULTANT shall provide a cost estimates for the associated design submittal
indicated below in accordance with Exhibit 2 - Design Requirements.
☐Design Submittal 1
☐Design Submittal 2
☒Design Submittal 3
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☒Final Design Submittal
3.1.3 CONSTRUCTION SCHEDULE
A. The CONSULTANT shall provide a Preliminary Construction Schedule for the associated
design submittal indicated below in accordance with Exhibit 2 - Design Requirements.
☐Construction Schedule is not Required
☐Design Submittal 1
☐Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.4 PROCUREMENT ALTERNATIVES
A. The CONSULTANT shall recommend the appropriate procurement alternatives as described in Exhibit 2 - Design Requirements.
☐Procurement alternatives not required
☐Procurement alternatives required
B. Equipment that may be needed to be obtained from a sole source supplier for this project includes:
1. [ ]
2. [ ]
C. Equipment to be pre-qualified will include:
1. [ ]
DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants, including reviewing their work products prior to submission to OCSD.
3.2.1 TOPOGRAPHIC SURVEY
A. CONSULTANT services related to Topographic Survey on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.2 GEOTECHNICAL BASELINE REPORT
1. CONSULTANT shall prepare a Geotechnical Baseline Report (GBR). The GBR shall be prepared by the prime CONSULTANT, rather than by the Geotechnical Subconsultant that prepared the Geotechnical Data Report.
2. The Geotechnical Baseline Report (GBR) shall conform to the most recent issue of the American Society of Civil Engineers (ASCE) “Geotechnical Baseline Reports of Underground Construction: Guidelines and Practices”.
3. The GBR shall be site specific and shall include a narrative of all known soil conditions and subsurface expected constraints. The GBR shall establish quantitative thresholds and shall make specific recommendations to the Contractor regarding actions to be taken by the Contractor during construction, such as dewatering, removal of boulders by size, all other excavation and backfill stages, etc. Thresholds expressed as ranges of values will not be acceptable to OCSD (i.e. 100-200 gpm, or 5-10 CY). All thresholds shall be expressed in the form of one number (i.e. 150 gpm, or 7 CY).
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4. The GBR will be used during construction to enforce the Differing Site Condition clause included in the construction Contract Agreement.
5. The draft GBR shall be submitted to OCSD staff for review and comments along with the DS2 submittal package. The final GBR incorporating OCSD comments shall be submitted with the DS3 submittal package.
3.2.3 UTILITY INVESTIGATION
A. CONSULTANT services related to Utility Investigation on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
B. Final Design Submittal Utility Coordination Reviews
1. During DS3 submittal review, the CONSULTANT shall meet with outside agencies to
verify any changes made by agency during final design period and compare them with the Contract Drawings. CONSULTANT shall follow through with due diligence on utilities that do
not participate in the USA program, unknown owner of a facility and/or abandoned utilities.
2. During DS3 submittal review, an on-site inspection shall be made in the project area.
During the on-site inspection, a senior-level CONSULTANT representative shall walk the site accompanied by OCSD’s Project Engineer and Supervising Inspector. The
CONSULTANT’s representative shall be experienced in the location and identification of utilities in the field. During the on-site inspection the CONSULTANT shall document all visible features that indicate utilities within the project area and compare them with the Contract Drawings.
3.2.4 FIRE PROTECTION SERVICES
A. CONSULTANT shall secure the services of a Subconsultant to determine the fire protection
requirements, prepare final plans and specifications for the selected plan and assist OCSD in obtaining approval from the fire authority.
3.2.5 NOISE EVALUATION SERVICES
A. CONSULTANT shall secure the services of a Subconsultant to prepare a field finding Noise
Report. This report shall include the following:
1. Visit site and conduct ambient noise measurements to establish baseline.
2. Identify external sources of noise.
3. Identify potential methods for defining noise impacts.
4. Develop noise model consistent with noise impact assessment methods.
5. Determine exterior noise levels and compliance with assessment standards.
6. If required, develop mitigation measures to meet design standards.
7. Determine compliance with OSHA’s regulations.
8. If needed, determine mitigation measures to meet OSHA’s requirements.
9. Prepare written report on findings and recommendations.
3.2.6 TRAFFIC CONTROL SERVICES
A. [____________]
3.2.7 SPECIALTY SERVICE
A.
3.2.8 PERMITTING ASSISTANCE
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A. CONSULTANT services related to Permitting Assistance on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 - Design. CONSULTANT shall allocate the budgeted hours between the Permitting Assistance services in Phase 2 and Phase 3 based on when these services will be required.
3.2.9 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution,
schedule, budget, subconsultants, and coordination with other projects. CONSULTANT services related to Project Management on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.10 QUALITY CONTROL
A. The CONSULTANT shall provide Quality Control requirements in accordance with Exhibit 6 - Quality Control Requirements.
☒Independent Multi-Discipline Design Workshop is not required.
☐Independent Multi-Discipline Design Workshop is required. (minimum duration of [1] day)
DESIGN WORKSHOPS AND MEETINGS
3.3.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in
accordance with Exhibit 5 - Workshop and Meeting Requirements.
B. A copy of all comments on project issues obtained by CONSULTANT from OCSD staff
without direct OCSD Engineering Project Manager’s involvement shall be submitted for the Project Manager’s approval within three business days of receipt.
3.3.2 DESIGN MEETINGS
A. CONSULTANT shall hold meetings throughout the project to keep OCSD appraised of the job, review work-in-progress, share information, discuss project submittals, present findings of technical analyses, receive and resolve comments, and obtain decisions and direction by OCSD
staff. The list below also indicates the number of meetings to be held to cover the specific topic.
DESIGN MEETINGS
TOPIC DURATION (HRS)
[… 1
Constructability 1
Maintainability 1]
3.3.3 DESIGN REVIEW WORKSHOPS
A. CONSULTANT shall hold the following workshops to review the draft Preliminary Design
Report as required in Exhibit 5 - Workshop and Meeting Requirements:
1. Design Submittal 3 Kickoff Workshop/Review Meeting (combined activity)
2. Design Submittal 3 Validation Workshop
3. Final Design Submittal Review Meeting (meeting only)
3.3.4 TECHNICAL PROGRESS MEETINGS
A. Technical Progress Meetings shall be held every [___] weeks to review various issues with OCSD’s project team. A total of [____] meeting shall be held during Final Design Phase. The
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CONSULTANT shall coordinate with the OCSD Project Manager to determine what topics will be covered in what meetings, and what OCSD and CONSULTANT team members are required for
each.
3.3.5 COORDINATION WITH OTHER PROJECTS MEETINGS
A. The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. CONSULTANT shall review reports,
plans and specifications to identify potential conflicts with the following adjacent projects and participate in the number of meetings indicated in the following table:
PROJECT COORDINATION MEETINGS
PROJECT PHASE 2 COORDINATION MEETINGS PHASE 3 COORDINATION MEETINGS
[P1-23] [2 meetings @ 2 hrs] [3 meetings @ 2 hours]
[P2-34] [2 meetings @ 2 hrs] [3 meetings @ 2 hours]
3.3.6 COMMISSIONING TEAM MEETINGS
A. Design phase commissioning team meetings shall be held on a [monthly] basis after
completion of OCSD’s review [DS1].
B. Meetings will generally be 2-4 hours in length. CONSULTANT shall determine how many meetings shall be needed to cover these topics and organize the topics accordingly. CONSULTANT may suggest additional topics as necessary. Supplementary meetings may be
scheduled with OCSD staff, as necessary, to allow coordination between CONSULTANT and OCSD staff.
C. The Commissioning Team meetings shall cover the following subjects:
1. Provide a detailed review of the proposed construction sequencing plan and make recommendations for improvements. These recommendations shall be incorporated into the plans and specifications as appropriate. Possible incentives for the Contractor to finish the
project early shall be explored.
2. Identify procedures, testing requirements and sequencing for commissioning.
3. Develop a detailed outline of a commissioning plan based on the results of the recommended construction sequencing plan.
4. Prepare testing requirements and plan to prove process performance relative to design criteria developed in the PDR. Testing shall be performed after the RAT and supervised by
the CONSULTANT.
5. Identify timing within the construction contract schedule when commissioning activities are required, including hold points for testing and inspection.
6. Identify roles and responsibilities of the Project Manager, Resident Engineer, Inspector,
Project Engineer, PCI, Engineering support, Design CONSULTANT and Contractor.
7. Develop a timeline of commissioning
8. Develop a commissioning specification
9. Develop standard forms for testing and commissioning documentation
10. Electrical, mechanical and process tie-ins
11. Startup requirements and testing
12. Record drawings
13. O&M training
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14. OMaP documentation and coordination of same with O&M Training
3.3.7 SAFETY AND RISK MEETING
A. Meet with OCSD Safety and Risk Management personnel, and OCIP (Owner Controlled Insurance Program) safety representatives, between DS2 and DS3 to review the plans and specifications in accordance with OCSD safety policies and OCSD Risk Management goals.
3.3.8 CONSTRUCTION SUBMITTAL ITEMS LIST MEETING
A. Meet with OCSD between DS2 and DS3 to review the CONSULTANT’s approach to developing the project Construction Submittal Items List using Error! Reference source not found. and the CONSULTANT-provided specifiations and discuss the grouping of submittals in commissioning packages and phases.
BID PHASE SUPPORT SERVICES
3.4.1 BID PHASE SUPPORT SERVICES
A. CONSULTANT shall provide the following bid period services:
1. Participate in the pre-bid meeting.
2. Prepare project drawing set and project specification addenda to provide clarification
and resolve errors and omissions identified prior to bid opening.
3.4.2 BID EVALUATION ASSISTANCE
A. Participate in reviewing alternate equipment proposals from the Contractor, if applicable.
B. Participate in the evaluation of the submitted bids, furnish consultation and advice to OCSD
staff and assist with all the related equipment, cost, and other analyses as required to finalize the award decision.
3.4.3 CONFORMED DOCUMENT PREPARATION
A. Within [two] weeks of the bid date, prepare conformed documents set (drawings,
databases, specifications and other required materials) that incorporates the addenda. See Engineering Design Guidelines, Chapter 01, Design Guidelines – General Requirements,
Section 01.4 “Preparation of Project Deliverables” for requirements as modified in Section V of this Scope of Work, “Project-Specific Deviations from OCSD Design Guidelines” and the
requirements of the CAD Manual).
4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
4.0.1 GENERAL
A. OCSD will administer and provide field inspection for construction contracts. Construction and installation support services shall be provided by the CONSULTANT as requested by OCSD. CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01 for detailed requirements.
4.0.2 PROJECT MANAGEMENT
A. CONSULTANT Project Management responsibilities during Phase 4 shall be as specified for
Phase 2 – Preliminary Design.
B. CONSULTANT shall be responsible for detailed management of the project, including managing its subconsultants, and shall keep OCSD apprised of the status of the project.
C. CONSULTANT shall conduct monthly project management meetings with OCSD’s Project Manager. These meetings shall be attended by OCSD’s Project Manager and CONSULTANT’s Project Manager at a mutually agreeable time. The purpose of the meetings shall be to review
the CONSULTANT Project Manager’s progress report and the status of the project scope,
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budget, and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted shortly prior to or at each meeting.
D. Consultant shall prepare and submit monthly invoices to OCSD no later than the first Wednesday of the following month. The invoices shall document the man-hours and billing rate for each person that works on the project for each task in the WBS. Overhead, profit, and any direct costs shall also be shown for each task. As part of the summary section of the invoice,
Consultant shall also include the following information:
1. Budget
2. Current billing period invoicing
3. Previous billing period “total invoiced to date”
4. Budget amount remaining
5. Current billing period “total percent invoice to date”
6. Current billing period “total percent completed to date”
E. The cost component breakdown for each element above shall match that of the PDSA. The monthly progress report and project schedule shall be submitted with the project invoice as part of the monthly request for payment.
F. Consultant shall also provide the percent budget spent for each of OCSD’s WBS cost codes (i.e. by work package and phase). OCSD shall provide a list of cost codes by phase to the
Consultant.
G. Consultant shall also provide a summary of progress and expenditures to date as described
in Exhibit A-1.
H. OCSD will provide a sample invoice structure to Consultant at the beginning of the project.
4.0.3 SUBMITTAL REVIEWS
A. OCSD will receive and log-in all submittals from the Contractor. OCSD will forward copies of
selected shop drawing and submittals requiring CONSULTANT review. CONSULTANT shall review the shop drawings and submittals for conformance with the requirements of the Contract Documents and return the submittal review comments to OCSD within ten (10) calendar days after receipt of submittal. CONSULTANT shall return comments to OCSD allowing sufficient time for OCSD to incorporate all comments into a combined review comment set that OCSD will return to the Contractor. CONSULTANT shall accommodate occasional expedited reviews for
time sensitive submittals. Submittals shall include but not be limited to shop drawings, vendor tests, certifications, and test reports. Some submittals will be made available only electronically (PDF).
B. The itemization of anticipated submittals is shown in Exhibit A-2. See “Contruction Phase Quantitative Assumptions” in this Scope of Work for the number of submittals.
4.0.4 REQUEST FOR INFORMATION (RFIS)
A. OCSD will log in and forward to CONSULTANT certain RFIs generated by the Contractor or OCSD. CONSULTANT shall return written responses to OCSD as soon as possible or within five (5) calendar days of receipt of RFI, clarifying the requirements of the Contract Documents. CONSULTANT shall generate necessary sketches, figures, and modifications to the drawings for clarifications. When required to avoid schedule delay or additional construction-related costs, CONSULTANT shall expedite the review of time sensitive RFIs.
4.0.5 CONTRACT DOCUMENTATION MODIFICATIONS
A. If the Contract Documents require modifications, due to changed conditions, OCSD requested changes, omissions or design errors; CONSULTANT shall prepare preliminary change order documents and forward them to OCSD, as needed. OCSD shall review the
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proposed change and request CONSULTANT to incorporate any changes. OCSD will issue the change order documents in a formal Request for Proposal (RFP) or Field Change Order (FCO) to the Contractor. CONSULTANT shall forward design calculations and other design backup documents as necessary to OCSD.
B. See “Construction Phase Quantitative Assumptions” in this scope of Work for the number of hours to be allocated for design changes and cost estimating assistance.
4.0.6 CONSTRUCTION PROGRESS MEETINGS AND SITE VISITS
A. CONSULTANT shall attend construction progress meetings and make field visits as requested by OCSD. The scope includes time for meeting preparation, travel time, follow-up, and review of meeting minutes. Progress meeting minutes shall be prepared by OCSD.
B. See “Construction Phase Quantitative Assumptions” in this scope of Work for construction progress meetings and site visits.
4.0.7 CONSTRUCTION PHASE QUANTITATIVE ASSUMPTIONS
A. The assumptions listed in the following table below shall be the basis for the assumed level
of effort.
CONSTRUCTION PHASE QUANTATIVE ASSUMPTIONS
TASK DESCRIPTION ASSUMPTION
4.1 Project Management 15 months duration from Construction NTP to Construction Final Completion
4.2 Submittal Reviews 10 Original submittals
10 Resubmittals
4.3 Requests for Information 80 RFIs
4.4 Contract Document Modifications 20 manhours total
4.5 Construction Progress Meetings and Site Visits 6 person-visits total
5. PHASE 5 – COMMISSIONING SERVICES
5.0.1 OPERATIONS MANUAL AND PROCEDURES (OMAP)
A. Consultant shall prepare Operation Manual and Procedures (OMaP) for the operators that shall completely describe the functionality of the system based on the control strategies, system
and device features, general network configuration, and drawings. Specific requirements and standards for OMaP are addressed in Exhibit 18 - Requirements and Standards for Operation Manual and Procedures (OMaP). All features of the system shall be described for normal equipment operation, fail-over equipment operation, and emergency equipment
operation.
B. Following commissioning, the Consultant shall address, resolve and/or incorporate any
comments, additions or changes to the OMaP discovered during commissioning requiring revision and then resubmit for review and approval by the Sanitation District.
6. PHASE 6 – CLOSE OUT
6.0.1 CLOSE-OUT REQUIREMENTS
A. When requested by OCSD, CONSULTANT shall verify that the Contractor’s As-Built set
correctly reflects the information included in the approved shop drawings, RFIs, approved Field Change Orders, plan clarifications, plan changes and other deviations from the conformed drawings, and that the information in the set is complete. Based on the findings, CONSULTANT
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shall prepare a written report on the completeness of the field markup set. TheCONSULTANT shall assume that As-Built reviews will be required at two times during construction (e.g. 50%
completion and 100% complete).
B. After completion of construction, OCSD will transmit to CONSULTANT the Final Field Markup Set of drawings. At that time, the CONSULTANT shall meet with OCSD’s inspectors and Resident Engineer to review the Contractor’s Final Field Markup Set.
C. CONSULTANT shall prepare Draft Record Drawings based on the Final Field Markup Set for all drawings in accordance with the requirements in the CAD Manual. The CONSULTANT shall submit the Draft Record Drawings to the OCSD Resident Engineer. The Draft Record Drawings will be reviewed for content and CAD Compliance by OCSD staff. A comment log will be returned to the CONSULTANT and, if any comments are generated, the CONSULTANT shall revise the record drawings and resubmit to the RE for review of the changes and acceptance of
the record drawings.
D. When no additional comments are identified, CONSULTANT shall prepare the Final Record Drawings and submit them along with the Contractor’s field markup set to the Project Manager. All record drawings shall contain a stamp indicating:
E. The stamp shall optimally be placed in the bottom right hand corner of the border and may be included via x-ref. If importing the stamp via x-ref interferes with content in the bottom right hand corner, the stamp may also be placed in other open space along the bottom of the border. In addition, a note shall be placed over the engineer’s seal stating that “This drawing was
originally approved for construction by [name of engineer] on [date] and sealed by [name of engineer] a licensed professional engineer in the State of California No. [License number] “. CONSULTANT shall submit an electronic copy of the record drawings to OCSD for review and approval. The acceptance of the record drawings shall be deemed a condition for completion of work.
F. Contractor-generated drawings described in the Design Guidelines and the shop drawings
will not be updated by CONSULTANT.
G. The format and quantities for delivery of the submittals shall be listed below:
Contents Draft Record Drawings Final Record Drawings
Hard Copy Sets [6] sets of bound 11x17 prints 1 set of bound 11x17 prints
All related electronic files,
including CAD and compiled PDFs
One DVD One DVD
7. GENERAL REQUIREMENTS
GENERAL
7.0.1 OCSD ENGINEERING DESIGN GUIDELINES AND STRATEGIC PLAN
A. CONSULTANT shall refer to and adhere to the requirements of OCSD Safety Standards, OCSD Engineering Design Guidelines, any deviations to the Engineering Design Guidelines listed below, and other OCSD’s Design Standards referenced therein. Exhibit 16 - OCSD Engineering Design Guidelines and Standards – Available online at
Record Drawings
These record drawings have been prepared based on information provided by others. The Engineer has not verified the accuracy of this information and shall not be responsible for any errors or omissions which may be herein as a result.”
7.0 ._______I ---------'---------------'-------------'
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https://www.ocsd.com/about-us/transparency/document-central/-folder-917 is a complete set of the OCSD Safety Standards and OCSD Design Standards, the latest edition at the time of
the design proposal stage.
B. The Engineering Guidelines define what plant design concepts/tools/methods and project management requirements shall be adhered to and in what manner they shall be used/provided by Consultants, e.g., requirements regarding design concepts, submittals, documentation
details, use of OCSD Master Specifications, and other related OCSD Standards, etc.
C. Refer also to Section “CONSULTANT’s Responsibilities” in OCSD Engineering Design Guidelines Chapter 01. Refer to “Master Specifications Instructions for Use” that mandates rules and conventions to be used in all OCSD project specifications.
D. The project Scope of Work defines whether or not each specific deliverable described in the Guidelines shall be part of the project and when each task shall take place.
E. The project Scope of Work also includes requirements that supplement and/or modify the Guidelines requirements for this project.
F. The project Scope of Work and OCSD Engineering Design Guidelines impact CONSULTANT’s project cost.
G. Except as specified in this Scope of Work, design of all facilities shall conform to the recommendations of the currently approved Master Plan for OCSD facilities. The project shall
also incorporate all applicable mitigation measures included in associated environmental documents and site-specific local requirements.
H. In addition, OCSD will require the CONSULTANT to follow subsequent revisions of OCSD Safety Standards, OCSD Engineering Design Guidelines and other OCSD Design Standards up
to transmittal by OCSD of comments on Design Submittal [1][2], shall be incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to-Exceed upper limit on
fees.
I. OCSD may update OCSD’s Master Specifications and/or add new OCSD Master Specifications up to transmittal by OCSD of comments on Design Submittal 2. The CONSULTANT shall utilize the new and/or modified Master Specifications for the DS3 submittal.
J. The CONSULTANT shall not begin editing the project specifications until the project team meets with OCSD’s Design Standards Custodian to discuss and receive comments regarding
the CONSULTANT’s proposed list of project specifications. This meeting will be used to determine which specifications are to use OCSD’s master specifications, and where other sources will be utilized.
7.0.2 PROJECT PHASES AND TASKS
A. Project tasks and deliverables shall include the requirements described in this Scope of Work. CONSULTANT shall also refer to Appendix A of OCSD Engineering Design Guidelines
for the level of detail requirements for individual deliverables in each Phase of the project not covered in the Scope of Work.
7.0.3 CONSTRUCTION SEQUENCING AND CONSTRAINTS
A. CONSULTANT shall develop with OCSD staff and include in the Bid Documents detailed requirements for construction sequencing and constraints. These shall ensure safe and reliable operation and maintenance of OCSD facilities. The facilities must be kept on-line and fully
operational with minimal interruptions throughout construction.
7.0.4 WORKING HOURS
A. Meetings with OCSD staff shall be scheduled from Monday through Thursday between the hours of 8:00 AM and 4:00 PM. Any CONSULTANT staff working on-site shall conform to OCSD work schedules. CONSULTANT shall refer to the Engineering Design Guidelines,
--
04-02-2020 [Project Number] – Design SOW Page 30 of 35
Chapter 01, Section 01.3.5 “CONSULTANT Inspection of Treatment Facilities” for further requirements.
7.0.5 STANDARD DRAWINGS AND TYPICAL DETAILS
A. All the details used in the project (OCSD’s Standard Drawings and CONSULTANT-developed typical details) shall be shown on the Plans.
7.0.6 SOFTWARE
A. The CONSULTANT is expected to develop and provide the deliverables using the standard software currently approved for use by OCSD. The standard OCSD software includes, but is
not limited to, the following:
B. Any software that the CONSULTANT needs to comply with these standards shall be purchased and maintained by the CONSULTANT at no additional cost to OCSD. In the event OCSD provides the CONSULTANT with access to OCSD software and hardware at an OCSD
facility in order to facilitate performance of their work, all software shall remain the property of OCSD. Only software licensed to OCSD shall be installed on OCSD equipment. In addition,
only OCSD IT Department staff will perform the installation of this software.
C. Refer to Chapters 10 and 11 and Appendix A of OCSD Engineering Design Guidelines for
requirements on preparation of Criticality Tables and ETAP, SAT, and EID databases. Refer to OCSD CAD Manual and to Chapter 11 and Appendix A of OCSD Engineering Design Guidelines
for requirements regarding P&ID drawings.
7.0.7 SUBMITTAL REVIEW USING BLUEBEAM
A. OCSD has standardized on the use of Bluebeam Revu for reviewing and providing comments to PDF files. Prior to submitting electronic PDF files, format them as indicated below
(underlined text refers to commands or functions within the Bluebeam software). See Exhibit 14 - Bluebeam Designer Training for Submission and “OCSD CAD Standards Manual” prior to
submission.
B. PDF files will be hosted in a Bluebeam cloud-based studio session for review. See Exhibit 15 - Bluebeam Designer User Training for a detailed explanation on how Bluebeam will be used to provide, validate, and close submittal review comments.
1. The purpose of the studio session is to provide review and collaboration. The session provides multiple attendees, despite location, the opportunity to review and comment on the
same PDFs in real time. All review actions are tracked and recorded.
2. OCSD staff will create the Bluebeam studio session, invite attendees, configure, and
manage the Studio session.
3. Bluebeam provides reviewers with tools for annotating PDFs called a markup. OCSD
provides two toolboxes for annotating PDFs: "OCSD Drawings Review" and "OCSD Report Review."
4. Markups are both graphical and tabular. When the graphic markup is placed, corresponding tabular data are created. The collection of tabular data is considered the
markup list.
5. The markup is automatically populated with various properties including author, sheet
number, comment, markup type, etc. to make reviewing consistent. The tabular data within the markup list are hyperlinked to the graphical markup for back-and-forth viewing.
6. The markup list may be sorted or filtered. For example, filtering markups by author makes that attendee's markups more prominent on the page by dimming everyone else's
markups.
7. Within a studio session, markups may only be modified by the markup author except for
the Status data field using the "Set Status" command. OCSD has customized this field for
04-02-2020 [Project Number] – Design SOW Page 31 of 35
the reconciliation of comments and backcheck. Session attendees may "Reply" to the markup of other reviewers. Replying to a markup provides the responder the opportunity to
explain how the markup will be incorporated.
8. The comment reconciliation steps are summarized below:
a. Reply – respond to OCSD provided review comment with: Agree, Disagree, or Flag for Discussion.
b. Direct – meet with OCSD to reconcile the non-agrees with either an Incorporate or Do Not Incorporate response. OCSD will work with Consultant to ensure clear direction
is provided.
c. QC Check – Consultant tells OCSD that the comment has been addressed in the next submittal by responding with Incorporated or Not incorporated.
d. Backcheck – reconciliation of open and incorporated comments by OCSD with an Open or Closed response.
9. A one-hour training session on the use of Bluebeam and custom status menu will be provided by OCSD. All Consultant team members responsible for quality control and reconciliation of submittal comments shall attend.
7.0.8 WORD TRACK CHANGES
A. Below are guidelines for the review and incorporation of MS-Word comments and revisions.
Use MS-Word Track Changes to show edits to all project specifications and other MS-Word files.
B. Submit the marked-up electronic files for OCSD review, as required by the Scope of Work. OCSD’s review will consist of comments and (in-text) revisions. OCSD comments and revisions shall remain visible in Track Changes throughout design.
C. OCSD will return the MS-Word files or host them in a central location.
1. If the files are returned, CONSULTANT will check the files back into their document
management system (i.e., replace the old files with the returned files) and resume their design and review of OCSD comments using the returned files. This insures that in-text revision by OCSD are preserved.
2. Hosting files in a central repository is preferred because it eliminates file transfer and the
potential for multiple copies. Hosted files are also protected by version control.
D. OCSD comments shall be addressed using MS-Word “Reply” and “Resolve.” The
CONSULTANT shall “Reply” to each OCSD comment describing how the comment will be addressed and revise the specification, as needed, to address the comment.
E. “Resolve” will be used by the reviewer or designee to confirm their comment has been addressed. “Resolve” greys out the comment showing it is closed.
F. Revisions may be “Rejected” with the concurrence of the Project Engineer or reviewing party. Concurrence is necessary because once a revision is "rejected," it is removed from MS-
Word Track Changes and no longer visible.
G. After final design, all MS-Word comments and revisions shall be Track Changes accepted,
rejected, resolved, or deleted prior to bid. The MS-Word commands to “Accept All Changes” and “Delete All Comment in Document” shall be performed just prior to preparing the IFB set. No
unaddressed comments or revisions shall remain in the Bid Documents.
7.0.9 GIS SUBMITTALS
A. Consultant shall provide the following GIS deliverables propagated from approved design submittals after the design submittal is accepted. These GIS submittals will not be reviewed or
presented by Consultant. The purpose is to provide project specific GIS layers that could be used to visualize interproject dependencies and conflicts.
04-02-2020 [Project Number] – Design SOW Page 32 of 35
1. Electronic Submittal
a. Kmz files for use with Google Earth
2. Final PDR
a. Single project boundary (Polygon)
(1) Boundary to encompass all new facilities and existing to be modified including:
• Buildings\Structures
• Tunnels
• Utilities
• Pavement
• Street boundary (ROW to ROW) of possible alignment
b. Structures (Polygon)
• New structure outline
• Additions to existing structures
• Structure label
3. DS1
a. Project boundary - updated from PDR
b. Structures - updated from PDR
c. Utilities (Polyline)
(1) Utility alignment
d. Manholes (Point)
e. Excavation of pits (Polygon)
(1) Pits that will stay open for extended duration
(2) CIPP
(3) Tunnel - jacking and receiving
(4) All pits should be labeled
4. DS2, DS3, and FDS
a. Project boundary - updated from previous DS
b. Structures - updated from previous DS
c. Utilities - updated from previous DS
d. Manholes - updated from previous DS
e. Excavation of pits - updated from previous DS
f. Critical (as defined by Dig Alert) utility crossings (Point)
(1) Crossing of Dig Alert critical utilities
(2) Critical utility label
• Natural gas
• Fuel pipeline
• 12 kV Electrical
g. Asphalt (Polygon)
04-02-2020 [Project Number] – Design SOW Page 33 of 35
(1) Asphalt to be replaced
8. PROJECT-SPECIFIC DEVIATIONS FROM OCSD DESIGN GUIDELINES
The following Scope sections change the Engineering Design Guidelines requirements for this project and apply to ALL its Project Elements:
ENGINEERING DESIGN GUIDELINES CHAPTER 01, “DESIGN
GUIDELINES – GENERAL REQUIREMENTS”
8.0.1 SECTION 01.2.19 “LIFE CYCLE COSTS”
A. Replace the 1st paragraph with the following:
B. CONSULTANT shall conduct a sensitivity analysis to see if the life cycle costing analysis is sensitive to the following assumed costs: ________
8.0.2 ENGINEERING DESIGN GUIDELINES CHAPTER 06, “MECHANICAL DESIGN”
A. Section 06.7 “Vibration Analysis for Rotating Electrical Equipment”
1. Replace the entire section with the following:
CONSULTANT shall perform a RUN evaluation for all pumping systems according to ANSI/HI 9.6.8-2014 or latest (Rotodynamic Pumps—Guideline for Dynamics of Pumping Machinery), to assess various vibration related phenomena. RUN is the general term used to denote the quantity obtained from multiplying the Risk (R) value and Uncertainty (U) value determined during the appropriate evaluation. This evaluation will help determine the relevant analysis level required to appropriately evaluate pumping machinery construction attributes and relevant site characteristics. CONSULTANT shall obtain (from the manufacturers of the rotating equipment) or calculate (based on anticipated turning speeds, operational requirements, etc.) the relevant equipment and system natural and/or excitation frequencies. These frequencies will include any effect from the various torsional, lateral, and structural behaviors of the equipment or system. All other rotating equipment such as fans, blowers, compressors, and pumps/equipment not covered by other standards or specifications, etc. shall undergo a similar evaluation to determine relevant risk and analysis requirements to ensure project success and reliability targets are met. For these other types of rotating equipment not covered by other standards or specifications, the CONSULTANT shall propose a plan for OCSD to approve prior to analysis being performed accordingly. For the purpose of estimating level of effort, the Risk Value, “R”, for critical equipment that is required for continuous operation of a process system or where standard equipment is modified slightly for this application, a R-Value of 4 should be assumed. For systems dedicated to a redundant process train or where standard equipment is used, a R-Value of 2 should be assumed. The results from the above RUN evaluation shall be used by the CONSULTANT in their subsequent design, to help provide a robust solution for the project needs. Iterations of design and equipment substitutions shall trigger additional RUN evaluations and analysis, as needed. Final equipment acceptability and commissioning shall be per ANSI/HI 9.6.4-2009 or latest (Rotodynamic Pumps—for Vibration Measurements and Allowable Values), applicable Part of ISO 10816 latest (Mechanical Vibration), ANSI/AMCA 204-05:2012 or latest (Balance Quality and Vibration Levels for Fans), ISO 1940-1:2003 or latest (Mechanical Vibration—Balance Quality Requirements for Rotors in a Constant (Rigid) State), and ISO 21940-12:2016 or latest (Mechanical Vibration—
8.0
04-02-2020 [Project Number] – Design SOW Page 34 of 35
Rotor Balancing—Procedures and Tolerances for Rotors with Flexible Behavior) as applicable. In addition, all loads, forces and moments imparted to equipment or piping, including resonance, shall be fully mitigated and all usage cases analyzed and documented per ASME 31.3-2018 or latest (Process Piping) at a minimum, and properly designed within applicable allowable stresses, etc. If there are conflicts in the standards specified, the more stringent value or condition to prevail.
8.0.3 [ENGINEERING DESIGN GUIDELINES CHAPTER 10, “ELECTRICAL DESIGN CRITERIA “
A. Section 10.1.1 “Electrical Design Basis and Assumptions- Data, Measurements and
Analyses”
1. Replace the 1st paragraph with the following:
2. The calculation criteria for this project shall be as follows: ______
3. The CONSULTANT shall also refer to Engineering Design Guidelines, Chapter 10,
Section 10.7 "Distribution System Requirements" for requirements.
B. Section 10.2.1.11 “Report - Motor Starting Study”
1. Replace the last 2 paragraphs with the following:
2. Dynamic Motor Study as part of the Motor Starting Study [shall not be required for this project] [shall include only the following equipment: _____]
C. Section 10.2.1.14 “Stability Study”
1. Replace the first paragraph with the following:
2. CONSULTANT shall perform a stability study which shall include the following elements: [____]
D. Section 10.2.1.18 “Report - Other Analyses”
1. Replace the text with the following:
2. CONSULTANT shall also include in the Report the following analyses
3. The following additional project-specific analyses: ______
4. [All testing shall be compared to equipment manufacturer or designated equipment specification(s) by a certified testing Contractor.]
5. [Other analyses required in accordance with recognized engineering practice to support prudent design for the project, but not necessarily indicated in the Scope of Work.]]
8.0.4 ENGINEERING DESIGN GUIDELINES, CHAPTER 11, “INSTRUMENTATION AND CONTROL”
A. Section 11.4.1 “Requirements Study”
1. The Requirements Study shall not be part of the Scope of Work.
9. STAFF ASSISTANCE
OCSD staff member or designee assigned to work with CONSULTANT on the design of this project is [______] at (714) 593-[____], e-mail to: [______].
10. EXHIBITS
Exhibit 18 - Requirements and Standards for Operation Manual and Procedures (OMaP)
Exhibit 1 - Preliminary Design Report Requirements
04-02-2020 [Project Number] – Design SOW Page 35 of 35
Exhibit 2 - Design Requirements
Exhibit 3 - Project Management Requirements
Exhibit 4 - Risk Management Requirements
Exhibit 5 - Workshop and Meeting Requirements
Exhibit 6 - Quality Control Requirements
Exhibit 7 - Design Submittal Requirements Matrix
Exhibit 8 - Project Schedule Calculation
Exhibit 9 - Deliverables Quantities
Exhibit 10 - Sample Construction Cost Estimate Format
Exhibit 11 - Sample Full Project Safety Review Plan
Exhibit 12 - Sample Risk Management Check List
Exhibit 13 - MMRP Log Template
Exhibit 14 - Bluebeam Designer Training for Submission
Exhibit 15 - Bluebeam Designer User Training
Exhibit 16 - OCSD Engineering Design Guidelines and Standards – Available online at https://www.ocsd.com/about-us/transparency/document-central/-folder-917
Exhibit 17 - Master Construction Submittal Items List
Exhibit 18 - Requirements and Standards for Operation Manual and Procedures (OMaP)
Exhibit 19 - Project Reference Material
• [J-102 Electrical Master Plan – October 2007]
• [J-47 Cable Tray Improvements - Preliminary Design Report – Feb 2009]
• [P1-20 Headworks No. 2 at Plant No. 1 Record Drawings – 1987]
Exhibit 20 - Sample Criticality Data Table
Exhibit 21 - ORT Procedure Examples
Exhibit 22 - Pre-FAT Procedure Examples
Exhibit 23 - Sample FAT Procedure
Exhibit 24 - Sample RAT Procedure
Exhibit 25 - Project J-47 Cable Tray Improvements Preliminary Design Report
Exhibit 26 - J-102 Electrical Master Plan
Exhibit 27 - Cable Conduit and Tray Schedule Database
XXX:xxx
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1583 Agenda Date:5/5/2021 Agenda Item No:11.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
NEWHOPE-PLACENTIA TRUNK REPLACEMENT, SEGMENT B AND SEGMENT C, CONTRACT
NOS. 2-72B AND 2-72C
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve the First Amendment to Agreement between the Orange County Sanitation District and the
City of Anaheim for Construction of Water Facilities in Conjunction with the State College Boulevard
Sewer Project, which increases by $513,439 the maximum reimbursement by the City of Anaheim to
a new total of $1,813,439.
BACKGROUND
The upper reaches of the Newhope-Placentia Trunk Sewer carry flows from the cities of Brea,
Fullerton, 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 by replacing six miles of pipe, mostly
along State College Blvd. in the cities of Fullerton and Anaheim. The first segment, mostly in
Fullerton, was completed in 2017. Construction of the segment in Anaheim is nearing completion.
The alignment of the new sewer required the City of Anaheim (City) water lines be relocated at
various locations. Since the City had planned to replace some of these and nearby water lines, the
City and the Orange County Sanitation District (OC San) concluded that doing the work in the same
timeframe and under one construction contract benefits both parties and the public.
In March 2017, the OC San Board approved a cooperative agreement with the City where OC San
would design the water line work and include it in the construction contract for Newhope-Placentia
Trunk Replacement, Segment B and Segment C, Contract Nos. 2-72B and 2-72C. In return, the City
would reimburse OC San for actual costs incurred, up to a maximum of $1,300,000.
RELEVANT STANDARDS
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
Orange County Sanitation District Printed on 4/29/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1583 Agenda Date:5/5/2021 Agenda Item No:11.
PROBLEM
Construction of the current contract is approximately 90%complete,and the portion of the work
related to the City’s water lines is complete.OC San staff and City staff have reviewed actual costs
and agreed that the total cost incurred is $1,813,439,$513,439 more than the maximum limit.The
City cannot pay for these additional costs without an amendment.
PROPOSED SOLUTION
Approve an amendment to the Agreement with the City increasing the maximum limit of
compensation by the City to OC San by $513,439 for a new total of $1,813.439.
TIMING CONCERNS
OC San cannot collect reimbursement until the amendment is approved.The City expects City
Council approval of the amendment on May 18, 2021.
RAMIFICATIONS OF NOT TAKING ACTION
If the amendment is not approved,OC San will not be reimbursed for additional costs incurred during
construction.
PRIOR COMMITTEE/BOARD ACTIONS
March 2017 -Approved a Cooperative Agreement between OC San and the City for water supply
pipe replacement on State College Boulevard along portions of the Newhope-Placentia Trunk
Replacement,Segment B,Contract No.2-72B,for an estimated amount of $1,300,000 to be
reimbursed by the City.
ADDITIONAL INFORMATION
The Cooperative Agreement amount of $1,300,000 was based on estimated costs for the design and
construction of the City waterline facilities.At time of the construction contract award to Group OHL
USA,Inc.,OC San and the City determined that the bid prices for the waterline work exceeded the
estimated costs for construction by approximately $300,000.The City and OC San agreed to defer
issuing an amendment until the work was complete and all costs were finalized.
CEQA
The project is included in the Addendum to the “1999 OCSD Strategic Plan”Program Environmental
Impact Report, State Clearinghouse No. 2006101018.
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.
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File #:2021-1583 Agenda Date:5/5/2021 Agenda Item No:11.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Amendment to City of Anaheim Cooperative Agreement
·City of Anaheim Cooperative Agreement
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F I R S T A M E N D M E N T T O A G R E E M E N T
BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF
ANAHEIM FOR CONSTRUCTION OF WATER FACILITIES IN CONJUNCTION
WITH THE STATE COLLEGE BOULEVARD SEWER PROJECT
THIS FIRST AMENDMENT TO AGREEMENT, dated this _____ day of
__________, 20___, (“Effective Date”) is made and entered into by and between the ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as “OCSD”; A N D CITY OF ANAHEIM, California, a municipal corporation, hereinafter referred to as “City.”
OCSD and CITY are sometimes individually referred to herein as “Party” and
collectively as “Parties.”
W I T N E S S E T H:
WHEREAS, the Parties entered into the “Agreement between the Orange County
Sanitation District and the City of Anaheim for Construction of Water Facilities in Conjunction
with the State College Boulevard Sewer Project” dated March 22, 2017 (hereinafter, the
“Agreement”) in which OCSD agreed to design, administer, and manage a construction contract
for the construction of the Water Projects and Project 2-72B; and
WHEREAS, the Water Project costs have exceeded original cost estimates and
the Parties desire to amend the Agreement to increase the reimbursement amount accordingly.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. Section 5.F of is hereby added to the Agreement to read as follows:
“In accordance with Section 5.E above, the Parties hereby amend the maximum
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reimbursement amount of the City for the design and construction of the Water Projects by
increasing the amount by an additional Five Hundred and Thirteen Thousand and Four Hundred
and Thirty-Nine Dollars ($513,439.00). Accordingly, notwithstanding section 5.E., the City’s
total obligation to reimburse OCSD for the design and construction of the Water Projects shall
equal One Million and Eight Hundred and Thirteen Thousand and Four Hundred and Thirty-
Nine Dollars ($1,813,439.00).”
2. Except as expressly amended hereby, all the remaining provisions of the
Agreement shall remain in full force and effect.
3. Any capitalized terms not defined herein shall have the meaning ascribed to it in
the Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the day and year first above written.
ORANGE COUNTY SANITATION DISTRICT
By:___________________________________
David J. Shawver, Chair, Board of Directors
APPROVED AS TO FORM ATTEST: GENERAL COUNSEL
By:_______________________ By:___________________________________
Bradley R. Hogin, Kelly Lore, Orange County Sanitation District Clerk of the Board, Board of Directors
CITY OF ANAHEIM
By: __________________________________
Dukku Lee, Public Utilities General Manager
APPROVED AS TO FORM: ATTEST:
ROBERT FABELA, CITY ATTORNEY
By:________________________ By:__________________________________
Daniel A. Ballin, Theresa Bass, City Clerk Deputy City Attorney
CAO # 130340
<::::... I
ORIGINAL
AGREEMENT
BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE
CITY OF ANAHEIM FOR CONSTRUCTION OF WATER FACILITIES IN
CONJUNCTION WITH THE STATE COLLEGE BOULEVARD SEWER
PROJECT
, T¥,IS ApREEMENT ("Agreement"), is made and entered into on tlrris~ of
~ , 2017, by and between the: li-w:c:......::...~---
ORANGE COUNTY SANITATION DISTRICT,
a County Sanitation District, hereinafter referred to as "OCSD";
AND
CITY OF ANAHEIM, California, a Municipal Corporation,
hereinafter referred to as "City."
OCSD and City are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as "Parties."
RECITALS
WHEREAS, OCSD is a duly organized County Sanitation District existing pursuant to
the County Sanitation District Act, California Health and Safety Code section 4700, et seq.,
providing for the ownership, operation, and maintenance of wastewater collection, treatment, and
disposal facilities within Orange County, California; and
WHEREAS, City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California; and
WHEREAS, OCSD owns, operates and maintains a sewer main within the City located
beneath a street called State College Boulevard between Orangewood A venue to the south and
the 91 Freeway to the north; and
WHEREAS, this sewer facility currently consists of one 33 to 42-inch diameter sewer
which OCSD intends to upsize to a 54-inch diameter sewer known as "Project 2-72B"; and
WHEREAS, within the same portion of State College Boulevard, the City is similarly
planning the (1) design and construction of approximately 800 linear feet of a 12-inch diameter
water main to replace an exisiting 6-inch diameter water main between Lincoln A venue to the
south and Underhill Avenue to the north ("State College/Lincoln Avenue Water Project"); (2)
design and construction of approximately 1900 linear feet of a 12-inch diameter water main to
replace an exisiting 6-inch diameter water main between Underhill A venue to the south and La
Palma Avenue to the north ("State College/La Palma Avenue Water Project"); (3) design and
replacement of approximately 400 linear feet of an existing 12-inch and 18-inch water main at
1
the intersection of State College Boulevard and Ball Road ("State College/Ball Road Water
Project"); and (4) design and replacement of various water mains along the Project 2-72B
alignment ("Miscellaneous OCSD Relocation Water Project"); and collectively, these projects
shall be referred hereinafter as the the "Water Projects" and are further described and depicted in
Exhibit A which is attached hereto and incorporated herein by reference; and
WHEREAS, Project 2-72B and the Water Projects are in the same vicinity and
scheduled to occur on or about a similar timeline, it is advantageous to both Parties for the
construction of the facilities to occur simultaneously to minimize the impacts to the environment,
the public, and the surrounding homeowners; and
WHEREAS, OCSD agrees to design, administer, and manage a construction contract for
the construction of the the Water Projects and Project 2-72B (collectively "the Projects"); and
WHEREAS, the cost allocation for the Water Projects shall be as set forth herein
below; and
WHEREAS, the Parties agree to enter into an Agreement for the work associated with
the Water Projects in a manner and subject to the terms and conditions set forth below;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
Parties hereto agree as follows:
Section 1: Recitals. The Recitals above are deemed true and correct, are hereby
incorporated in this Section as though fully set forth herein, and each Party to this Agreement
acknowledges and agrees that they are bound by the same.
Section 2: Elements of Agreement. OCSD and City will work cooperatively together
so the Projects can be constructed in a manner that minimizes the costs and impacts to the public.
The specific terms and conditions governing the elements of this Agreement are set forth
hereinafter.
Section 3:
A.
B.
OCSD's Specific Obligations.
OCSD will be responsible for compliance with the California
Environmental Quality Act ("CEQA") (Pub. Resources Code, Section
21000 et seq.). OCSD will be the Lead Agency for purposes of CEQA
and, in such capacity, OCSD will conduct the applicable
environmental review. OCSD will supply to City copies of the OCSD-
approved environmental documents for City's files.
OCSD will enter into and administer contracts for the design services
needed for the Water Projects which includes contracting with the
necessary engineering consulting services to accomplish the design
2
efforts. OCSD will issue an amendment to the consultant currently
retained by OCSD to design Project 2-72B. This amendment will contain
a scope of work that will ensure the Water Projects are designed and
constructed as required by the City.
C. OCSD will submit prepared plans and specifications for the design and
construction of the Water Projects for review, comment, and written
approval by City. If City does not approve the proposed plans and
specifications, City will provide OCSD its basis for denial and OCSD
shall require its hired consultant to correct the plans and specifications to
City's reasonable satisfaction The plans and specifications approved in
writing by the City shall be referred hereinafter to as "Approved Plans and
Specifications".
D. OCSD shall be responsible for advertising, awarding, and administering a
contract for the construction of the Water Projects, in conformance with
all applicable laws governing construction of public works. OCSD will
issue a public works bid package and enter into a construction contract in
accordance with the Approved Plans and Specifications. The contract will
also contain Project 2-72B so the Projects will be constructed under a
single contract. The bid package will contain specific bid items that
pertain to the Water Projects which will be used to determine the
reimbursement amount City will pay to OCSD for the Water Projects.
E. OCSD shall ensure the contractor for the Water Projects has the
appropriate license from the California State License Board and ensure
contractor complies with prevailing wage laws including, but not limited
to, California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000 et seq.
("Prevailing Wage Laws").
F. Upon award of the contract to the successful bidder, OCSD will submit
such information to City for their files.
G. For the duration of the construction of the Water Projects, OCSD will:
a. Provide City staff with contractor schedules and updates within ten
(10) days of acceptance by OCSD staff.
b. Invite City staff to construction progress meetings.
H. OCSD shall allow City to review, check, and inspect any part of the Water
Projects at any time. OCSD shall provide City inspectors uninhibited
access to the area of the Water Projects and an adequate on-site work
space to perform such work. OCSD shall not accept any portion of the
work associated with the Water Projects unless the work has been
3
inspected and approved in writing by the City. OCSD will document and
inform City of the date of final acceptance, which is the date when the
notice of completion is filed. OCSD shall furnish City with one set of
record drawings for the completed Water Project and a copy of the filed
notice of completion. No notice of completion shall be filed by OCSD
until OCSD receives City's prior written concurrence to such filing.
I. OCSD will obtain on behalf of City a one-year warranty on the work to be
performed for the Water Projects from OCSD's construction contractor.
This one-year warranty shall commence at the time the notice of
completion is issued specifically for the Water Projects.
J. OCSD, its agents and contractors shall keep the Water Projects free from
any statutory or common law liens arising out of any work performed,
materials furnished or obligations incurred by OCSD, its agents or
contractors.
K. OCSD shall obtain all necessary permits plan checks, and inspection for
the Water Projects. Costs for the payment of the foregoing shall be
allocated between the Parties in accordance with Section 5 of this
Agreement.
L.
Section 4:
A.
OCSD shall ensure that in all contracts or agreements OCSD enters into
with any person(s) or firm(s) to perform work on the Water Projects,
including without limitation construction contractors, design professionals,
and consultants, shall contain indemnification and insurance provisions, in
favor of OCSD and City, their respective officials, officers, and
employees, that include requirements, limits, coverages, and terms and
conditions in conformance with sound risk management principles for
projects of this kind, nature, risk, and complexity. Further, OCSD shall
ensure that such contracts or agreements provide for indemnity and
insurance protection for City in amounts and form at least equal to the
protection OCSD secures for itself.
City's Specific Obligations.
City will provide inspection services for the Water Projects as it deems
necessary, or promptly upn request by OCSD as described in Section 4(b)
to assure compliance with the Approved Plans and Specifications,
including, but not limited to, shop drawing review and/or material
inspection. City will promptly notify OCSD if any portion of the work
appears not to conform to the Approved Plans and Specifications, and
OCSD shall cause its contractor to correct such non-conforming work.
4
B. City will respond to OCSD's request for an inspection within two (2)
working days. City will be responsible for OCSD's contractor's
downtime and/or delay due to failure to comply with this provision.
C. OCSD shall promptly inform City of any proposed changes to the
construction contract as it relates to the Water Projects . and obtain City's
written approval prior to agreeing to a change order relating to the Water
Projects. Copies of proposed changes affecting City will be provided to
City within five (5) working days of submission to OCSD. City shall not
be responsible for increased costs due to any change order related to the
Water Projects without City's prior written approval. City's Public Utilties
General Manager may approve or deny change order requests on behalf of
the City. City's obligation to pay for change order costs shall only apply
to segments where City is responsible for reimbursement per Section 5 of
this Agreement.
D. City shall return comments to OCSD on all shop drawing submittals,
requests for information, and change order requests within ten (10)
working days from receipt of submittals by City. City will be responsible
for OCSD's contractor's downtime and/or delay due to failure to comply
with this provision. This provision shall not apply to plan and specification
reV1ew process.
E. Prior to City's acceptance of Water Projects and OCSD filing a notice of
completion, City shall review and provide written approval of the Water
Projects. The City's written approval shall only be withheld for work not
completed in accordance with the Approved Plans and Specifications.
Upon City's written approval, City shall assume ownership and
maintenance obligations for improvements within the Water Projects.
Section 5: Water Projects Reimbursement and Total Costs
The table below establishes the percent of the Water Projects that OCSD affects via
Project 2-72B. The length and the percentage that OCSD affects is based on the current
preliminary design assumptions. As design progresses to the preparation of the construction
documents, the numbers in this table may change and if so will require an amendment to this
Agreement in the event the City's reimbursement obligation is increased under Section 5.E. In
the event there is no increase to City's obligation under Section 5.E., changes to the table below
will not require an amendment to this Agreement. OCSD and City staff may agree in writing to
changes to this table prior to construction advertisement. The final values shall be documented
in writing.
5
Existing Future Length
Percentage Affected by
Water Project Names Pipe Pipe OCSD
Size (in) Size (in) (If)
2-728 Project(%}
A. State College/La Palma Avenue 6 Water Project 12 1900 6
B. State College/Lincoln Avenue 6 12 800 100 Water Project
C. State College/Ball Road Water 12 & 18 Project 12 & 18 400 5
D. Miscellaneous OCSD Relocations Various Various Various 100
A. OCSD shall be responsible to pay 6 % of the total costs of the design and
construction of the State College/La Palma Avenue Water Project Water Project, whereas the
City shall be responsible to pay 94% of this project's total costs. These percentages take into
consideration and are inclusive of the pipe upsize cost difference.
B. OCSD shall be responsible to pay 100% of the total costs of the design and
construction of the State College/Lincoln Avenue Water Project, whereas the City shall be
responsible to pay 0% of this project's total costs Notwithstanding the foregoing, the City shall
be responsible for the difference in pipeline material costs between the City's minimum
allowable pipe size of 8-inch diameter pipe to the desired 12-inch diameter pipe size for the
State College/Lincoln Avenue Water Project. This difference in pipeline material cost will be
calculated at $20.00 per linear foot of installed pipeline.
C. OCSD shall be responsible to pay 5% of the total costs of the design and
construction of the State College/Ball Road Water Project, whereas the City shall be responsible
to pay 95% of this project's total costs.
D. OCSD shall be responsible to pay 100% of the total costs of the design and
construction of the Miscellaneous OCSD Relocation Water Project that are required for Project
2-72B and not associated with a City planned capital improvement project, whereas the City
shall be responsible to pay 0% of these costs.
E. City's obligation to reimburse OCSD hereunder for the design and construction of
the Water Projects shall not exceed a cumulative total of One Million Three Hundred Thousand
($1,300,000) unless otherwise approved by City Council by amendment of this Agreement. City
has budgeted One Million Three Hundred Thousand ($1 ,300,000) for the Water Projects,
including but not limited to design costs, construction costs, reimbursements, fees, and
admistration costs. If City's obligation to reimburse OCSD for the Water Projects exceeds One
Million Three Hundred Thousand ($1 ,300,000), OCSD shall not be responsible for bearing
City's excess share. OCSD agrees to notify City at the earliest opportunity if City's share is
6
expected to exceed One Million Three Hundred Thousand ($1 ,300,000) anytime during the
project. If reimbursement over and above One Million Three Hundred Thousand ($1,300,000) is
requested by OCSD, City staff will request approval from City Council to increase the maximum
reimbursement amount.
Section 6: Timing of Reimbursement
For each progress payment made by OCSD to its consultant or contractor, OCSD shall
submit an invoice to the City setting forth City's share of the payment, accompanied by all
supporting documentation. The invoice shall be itemized for each Water Project in accordance
with Section 5. City will review the progress payment request and provide OCSD with any
comments within ten (10) working days. After the invoice is approved by the City, City shall
pay OCSD within forty-five (45) days of City's receipt of invoices and supporting
documentation. City shall pay invoices to OCSD based on progress payments until 100% of
City's share is paid.
Section 7:
A.
B.
Indemnification.
OCSD will indemnify, defend and hold City, its officers, agents,
employees, and consultants harmless from any and all actions, suits,
claims, liability or expense for death, injury, loss, or damage to persons or
property which may arise or is claimed to have arisen during or out of
construction or the acceptance by City of City's water facilities, as a result
of any work or action performed by or on behalf of OCSD, its officers,
agents, employees or consultants, save and except in those instances where
such expense, liability or claim is solely caused by any act, omission, or
negligence of City, its officers, agents, employees or consultants.
City will indemnify, defend and hold OCSD, its elected and appointed
officials, officers, agents, employees, and consultants, harmless from any
and all actions, suits, claims, liability or expense for death, injury, loss or
damage to persons or property which may arise or is claimed to have
arisen as a result of any act performed by City, its officers, agents,
employees or consultants, with respect to the construction of City sewer
facilities as a result of or in connection with the maintenance and
operation of City's improvements, save and except in those instances
where such expense, liability or claim is solely caused by any act,
omission or negligence of OCSD, its officers, agents, employees or
consultants. City will also indemnify, defend and hold OCSD, its elected
and appointed officials, officers, agents, employees, and consultants,
harmless from any and all actions, suits, claims, liability, cost or expense
which may arise or is claimed to have arisen as a result of City's denial of
any change order or part thereof.
Section 8: Term. This Agreement will be in full force and effect until the specified
obligations of both Parties have been fulfilled. Notwithstanding the foregoing, either Party may
7
terminate this Agreement with or without cause upon giving the other Party one hundred (100)
days prior written notice. If this Agreement is terminated, OCSD will be paid for those incurred
reimbursable costs in accordance with Section 5.
Section 9: Agents. Any contractor or subcontractor performing work in connection with
the work described herein on behalf of either Party will be conclusively deemed to be the servant
and agent of each respective Party employing said contractor or subcontractors hereof, acting on
behalf and within the scope of such contractor and subcontractor employment for said Party.
Section 10: Notices. All notices or other communications required or permitted
hereunder will be in writing and will be personally delivered or sent by registered or certified
mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and
will be deemed received upon the earlier of: (i) the date of delivery to the address of the person
to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3)
business days after the date of posting by the United States Post Office if by mail; or (iii) when
sent if given by electronic transmission. Any notice, request, demand, direction, or other
communication sent by electronic transmission must be confirmed within forty-eight (72 hours
by letter mailed or delivered. Notices or other communications will be addressed as follows:
To OCSD: Orange County Sanitation District
1 0844 Ellis A venue
Fountain Valley, CA 92708
Attention: Kelley Lore, Clerk of the Board
Facsimile: (714) 962-0356
To City: City of Anaheim -Public Utilities Department
201 South Anaheim Boulevard, Suite 1101
Anaheim, CA 92805
Attention: Dukku Lee, Public Utilities General Manager
Facsimile: (714) 765-4138
Section 11 : Jurisdiction. In the event of a dispute regarding performance or
interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement
will lie in the Superior Court of California for Orange County.
Section 12: No Third Party Beneficiaries. This Agreement is entered into by and for
City and OCSD, and nothing herein is intended to establish rights or interests in individuals or
entities not a party hereto.
Section 13 : Force Majeure. Except for the payment of money, neither Party will be
liable for any delays or other non-performance resulting from circumstances or causes beyond its
reasonable control, including without limitation, fire or other casualty, act of God, strike or labor
dispute, war or other violence, acts of third parties, or any law, order, or requirement of any
governmental agency or authority.
Section 14: Governing Law. This Agreement will be governed by the laws of the
State of California.
8
Section 15: Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the Parties and supersedes all previous negotiations and agreements
between the Parties pertaining to the subject matter hereof.
Section 16: Waiver. A waiver of a breach of the covenants, conditions, or obligations
under this Agreement by either Party will not be construed as a waiver of any succeeding breach
of the same or other covenants, conditions, or obligations of this Agreement.
Section 17: Modification. Alteration, change, or modification of this Agreement will
be in the form of a written amendment, which will be signed by both Parties.
Section 18 : Severability. If any term or portion of this Agreement is held to be
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement will continue in full force and effect.
Section 19: Agreement Execution and Authorization. Each of the undersigned
represents and warrants that they are duly authorized to execute and deliver this Agreement and
that such execution is binding upon the entity on whose behalf they are executing this
Agreement.
[SIGN A TURES ON THE NEXT PAGE]
9
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the day and year first above written.
APPROVED AS TO FORM:
GENERAL COUNSEL
By: ~l 4 Brad~o~
Orange County Sanitation District
APPROVED AS TO FORM:
By:G.,J ~~
Daniel A. Ballin,
Deputy City Attorney
120117
ORANGE COUNTY SANITATION DISTRICT
By:~~ Greg Se , ~ Ch~ ~Directors
ATTEST:
-.._..., .··.-
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B ><..:.,..<""""'~~..;q..-¥_.:_+---:::i.,......-,,....--•=====c----'"'-~
re, _ _ _ ,--... _..:,· · -
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Dukku Lee, Pub_lic Utilities General Manager
ATT~
By: ~ LindaAndal,CityOerk
10
EXHIBIT A
WATER PROJECTS DESCRIPTION
PROJECT 2-72B
Project consists of one 33 to 42-inch diameter sewer, which OCSD intends to upsize to a 54-inch
diameter sewer, in State College Blvd from Orangewood Ave to the south to 91-Freeway to the
north, known as "Project 2-72B".
STATE COLLEGE/LINCOLN A VENUE WATER PROJECT
Project consists of the design and construction of approximately 800 linear feet of 12-inch
diameter zinc-coated ductile iron water pipeline along State College Blvd to replace an a existing
6-inch diameter water main between Lincoln Avenue to the south and Underhill Avenue to the
north. The new water main in this project is proposed to be upsized to 12-inch in order to
improve the fire flow in this portion of Anaheim's water distribution system. Project to also
include the replacement of existing system valves, fire hydrants, and services.
STATE COLLEGE/LA PALMA A VENUE WATER PROJECT
Project consists of the design and construction of approximately 1900 linear feet of 12-inch
diameter water main along State College Blvd to replace an existing 6-inch diameter water main
between Underhill A venue to the south and La Palma A venue to the north. The new water main
in this project is proposed to be upsized to 12-inch in order to improve the fire flow in this
portion of Anaheim's water distribution system. Project to also include the replacement of
existing system valves, fire hydrants, and services.
ST ATE COLLEGE/BALL ROAD A VENUE WATER PROJECT
Project consists of the design and replacement of approximately 400 linear feet of existing 12-
inch cast iron and 18-inch CCP water mains with zinc-coated ductile iron pipe at the intersection
of State College Boulevard and Ball Road. This project will increase the reliability of Anaheim's
water distribution in this area. Existing system valves will also be removed and replaced with
resilient wedge valves located outside of the intersection.
MISCELLANEOUS OCSD RELOCATIONS WATER PROJECT
Project consists of the design and replacement of various water mains as required for the
installation of OCSD's Project 2-72B. Approximate locations and limits of work are depicted on
the next page.
GENERAL NOTE
The City of Anaheim 's current design standards require that all water mains be 8-inch or larger.
Therefore, existing 4-inch and 6-inch diameter water mains will not be allowed to be replaced in-
kind but shall be upsized to 8-inch minimum. Cost sharing calculations as discussed in the
Agreement shall be based on a minimum pipe size of 8-inch.
11
MISCELLANEOUS OCSD
RELOCATION WATER
PROJECTS (TYP.)
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EXHIBIT A
WATER PROJECTS
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1527 Agenda Date:5/5/2021 Agenda Item No:12.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
HEADQUARTERS COMPLEX AT PLANT NO. 1, CONTRACT NO. P1-128A
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with HDR Engineering, Inc. to
provide construction support services for Headquarters Complex at Plant No. 1, Contract No.
P1-128A, for an amount not to exceed $4,900,000; and
B. Approve a contingency of $490,000 (10%).
BACKGROUND
HDR Engineering, Inc. was selected as part of a competitive, qualifications-based solicitation process
to design Headquarters Complex, Project No. P1-128. At the time of the solicitation, the Orange
County Sanitation District (OC San) documented its intent to award a subsequent agreement to the
design consultant for continuation of engineering services during construction.
This project will construct a new three-story, 110,000 square foot office building on the north side of
Ellis Avenue to house administrative, engineering, resource protection, and environmental
compliance staff. The work includes new parking and a pedestrian bridge connecting the building to
Plant No. 1.
RELEVANT STANDARDS
·Comply with California Government Code §4526: engage the best qualified firm “on the basis
of demonstrated competence and qualifications” and “negotiate fair and reasonable fees”
·Provide a safe and collegial workplace
PROBLEM
This project requires the design consultant to provide as-needed services during construction
including submittal review, responding to the Contractor’s requests for information, reviewing
construction change orders, building commissioning, participating in meetings, attending site visits,
and preparing record drawings.
Orange County Sanitation District Printed on 4/29/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1527 Agenda Date:5/5/2021 Agenda Item No:12.
PROPOSED SOLUTION
Award a Professional Construction Support Services Agreement with the design consultant HDR
Engineering, Inc., to provide engineering support services during construction.
TIMING CONCERNS
Engineering support services will be required at the start of construction.Construction is anticipated
to start in June 2021.
RAMIFICATIONS OF NOT TAKING ACTION
The engineering support services needed to facilitate and review construction activities would not be
available by the Engineer of Record, which may negatively impact construction execution.
PRIOR COMMITTEE/BOARD ACTIONS
June 2016 -Approved a Professional Design Services Agreement with HDR Engineering,Inc.to
provide architectural and engineering design services for the Headquarters Complex,Site and
Security,and Entrance Realignment Program,Project No.P1-128,for an amount not to exceed
$11,785,709; and approved a contingency of $1,178,571 (10%).
ADDITIONAL INFORMATION
HDR Engineering,Inc.has successfully furnished engineering services for the design of this project
and their support services during construction will provide continuity through the completion of the
project.
Staff negotiated with HDR Engineering,Inc.for these support services in accordance with OC San’s
adopted policies and procedures.A review of the proposed price was conducted using estimated
quantities of requests for information,submittals,meetings,site visits,change order review,and
design revisions,as well as the level of effort for preparing record drawings.Based on this review,
staff determined the negotiated fee to be fair and reasonable for these services.
CEQA
The project is 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.
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File #:2021-1527 Agenda Date:5/5/2021 Agenda Item No:12.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Construction Services Agreement
TG:dm
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PCSA CONTRACT NO. P1-128A
Revised 101620 HEADQUARTERS COMPLEX AT PLANT NO. 1
Page 1 of 19
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
THIS PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT (Agreement) is made and entered into to be effective the 26th day of May, 2021 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and
HDR ENGINEERING, INC., hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a consultant to provide construction support services for Contract No. P1-128A, HEADQUARTERS COMPLEX AT PLANT NO. 1 (Construction Support Services); and WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the SANITATION DISTRICT’s Purchasing Ordinance Section 4.03(B) for the continuation of
services and has proceeded in accordance with said procedures to perform this work; and WHEREAS, at its regular meeting on May 26, 2021 the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as “Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement, including the work performed by its subconsultants (Subconsultants). Where approval by the SANITATION DISTRICT is indicated, it is understood to be
conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to industry standards of engineering practice for clarity, uniformity, and completeness.
PCSA CONTRACT NO. P1-128A
Revised 101620 HEADQUARTERS COMPLEX AT PLANT NO. 1
Page 2 of 19
C. In the event that work does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses, and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANT and its Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of 30 calendar days during which the SANITATION DISTRICT shall perform appropriate acceptance tests. In the event that the work does not conform to the requirements of this Agreement or the applicable industry standards, CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no
additional cost to the SANITATION DISTRICT. E. All professional services performed by the CONSULTANT, including, but not
limited to, all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents, and employees.
Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT 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:
A. Total Compensation
Total compensation shall be in an amount not to exceed Four Million Nine Hundred Thousand Dollars ($4,900,000). Total compensation to CONSULTANT
including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal.
B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT
•
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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 its 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 its Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and its Subconsultants for this project according to Attachment “E” - Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and its 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
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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 the Scope of Work resulting from field investigations and field work. 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 the U.S. Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a “per diem” component approved by the IRS. The most recent schedule of the per diem rates utilized by
the SANITATION DISTRICT can be found on the U.S. General Services Administration (GSA) website at http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging, and meals arrangements. 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. 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 general geographical area which includes Orange, Los Angeles,
Ventura, San Bernardino, Riverside, San Diego, and 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
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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 the 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 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. 4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT
PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT.
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Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%) of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT or ii. The percentage of the work accomplished for each project element he or she may, at his or her discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 - COMPENSATION above.
Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code Sections 12650-12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a Ten Thousand Dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT
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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. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees and/or Subconsultants who will perform Work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq., CONSULTANT and its 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 its 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 its Subconsultants shall furnish a copy of all certified payroll records to the SANITATION DISTRICT and/or general public upon request, provided the public request is made through the SANITATION DISTRICT, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and its Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of, and all incidental rights whether or not the work for which they were prepared has been
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performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE
A. General i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial
Rating of at least Class 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 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, 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
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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. 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). 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 to 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 Four Million Dollars ($4,000,000) 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
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hereunder.
In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term.
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 redacted 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.
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• Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent.
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 or materially changed 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 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. In no event shall a deductible or self-insured retention exceed $250,000 for any one
line of insurance.
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N. Defense Costs
General and Automobile Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. O. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work.
P. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT.
8. SCOPE CHANGES In the event of a change in the Scope of Work requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to the SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT’s project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2 -COMPENSATION. There shall be no substitution of the listed Subconsultants and CONSULTANT’s project team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under
the direct supervision of registered engineers.
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11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit any and all books, records, documents, and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT’s right as described above in any and all of its 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 Accounting Principles (GAAP). The CONSULTANT shall make available to the SANITATION DISTRICT, for review and audit, all project
related accounting records and documents and any other financial data within fifteen (15) days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist the SANITATION DISTRICT’s auditor in obtaining all project-related accounting records and documents and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Digna Olmos, Principal Contracts Administrator Copy: Tom Grant, Project Manager
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Notices shall be mailed to CONSULTANT at:
HDR Engineering, Inc. 3230 El Camino Real, Suite 200 Irvine, CA 92602
Attention: Kip Field All communication regarding the Scope of Work will be addressed to the Project Manager. Direction from other SANITATION DISTRICT’s staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action by the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. The SANITATION DISTRICT may also terminate this Agreement for cause but only after providing CONSULTANT written notice of the breach and a reasonable opportunity to cure.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation, and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE A. Labor
CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law and that it does
not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. B. Air Pollution CONSULTANT and its Subconsultants and subcontractors shall comply with all
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applicable federal, state, and local air pollution control laws and regulations. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this Agreement by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its
services, 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 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, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses including without limitation, reasonable attorneys’ fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and the SANITATION DISTRICT’s general and administrative expenses (individually, a “Claim”, or collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any
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work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent,
recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any
contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from: (A) the sole or active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’s supplier, consultant, subconsultant, subcontractor, nor anyone
employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder.
CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. Additionally, in no event shall
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the cost to defend charged to CONSULTANT exceed CONSULTANT’s proportionate percentage of fault.
CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 25. 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. 26. CLOSEOUT
When the SANITATION DISTRICT determines that all work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports, or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout. Upon receipt of CONSULTANT’s submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either: i. Give the CONSULTANT a final Agreement Acceptance, or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT’s cost.
CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final Agreement Acceptance, the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond
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and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT’s request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT’s request for final Agreement Acceptance. 27. CONSTRUCTION PROCEDURES CONSULTANT’s observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. CONSULTANT shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have
charge of construction. CONSULTANT shall not be responsible for the acts or omissions of the contractor or other parties on the project. 28. 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. [INTENTIONALLY LEFT BLANK. SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT and CONSULTANT, by their respective officers thereunto duly authorized, as of the
day and year first above written.
CONSULTANT: HDR ENGINEERING, INC.
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
Attachment “F” – Not used Attachment “G” – Acknowledgement of PCSA Attachment “H” – Not used Attachment “I” – Cost Matrix and Summary Attachment “J” – Not used Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards DO:xx •
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HEADQUARTRES COMPLEX AT PLANT NO.1
PROJECT NO. P1-128A PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
REQUEST FOR PROPOSAL ATTACHMENT A – SCOPE OF WORK
SCOPE OF WORK PROJECT NO. P1-128A
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TABLE OF CONTENTS
I. SUMMARY .......................................................................................................................... 3
II. PROJECT SCHEDULE ....................................................................................................... 3
III. PROJECT IMPLEMENTATION ........................................................................................... 3
PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ...................................................... 3
Task 4.1 – Project Management ............................................................................................... 4 Task 4.2 – Initial Project Meetings ............................................................................................ 4 Task 4.3 – Submittal Reviews ................................................................................................... 6 Task 4.4 – Request for Information (RFI) .................................................................................. 6 Task 4.5 – Contract Document Modifications and Design Changes .......................................... 6 Task 4.6 – Construction Progress Meetings and Site Visits ...................................................... 7 Task 4.7 – Factory Observations .............................................................................................. 7 Task 4.8 – Specialty Services ................................................................................................... 7
PHASE 5 – COMMISSIONING SERVICES ............................................................................... 9
PROCESS COMMISSIONING SERVICES ............................... ERROR! BOOKMARK NOT DEFINED. Task 5.1 – Process Commissioning Team Meetings ................. Error! Bookmark not defined. Task 5.2 – Process Personnel Training ..................................... Error! Bookmark not defined. Task 5.3 – Process Commissioning Support ............................. Error! Bookmark not defined.
Task 5.4 – Operations Manual and Procedures (OMaP) ............ Error! Bookmark not defined. Task 5.5 – Building Commissioning Services ........................................................................... 9
PHASE 6 – CLOSEOUT ........................................................................................................... 9
Task 6.1 – Final Inspection and Punch Lists ............................................................................10 Task 6.2 – Record Drawings ....................................................................................................10
IV. STAFF ASSISTANCE ........................................................................................................11
SCOPE OF WORK PROJECT NO. P1-128A
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I. SUMMARY
Provide construction engineering support services for the construction and installation,
commissioning, and closeout phases of this project.
II. PROJECT SCHEDULE
The schedule for the services specified in this Scope of Work (SOW) shall be provided per the construction contract schedule and the following schedule constraints:
Task(s) Period of Performance
Submittals As described under Task 4.3 titled “Submittal Reviews”
Requests for Information As described under Task 4.4 titled “Request for Information (RFI)”
Record Drawings Draft Record Drawings shall be submitted to OC San within 45 Calendar days of receipt from OC San of the approved Contractor’s As-Built Drawings. The final Record Drawings shall be submitted within 30 Calendar days of receipt of OC SAN’s comments on the Draft Record Drawings.
III. PROJECT IMPLEMENTATION
All Orange County Sanitation District (OC San) projects are divided into six phases. CONSULTANT shall provide engineering support services for Phase 4 Construction and Installation Services, Phase 5 Commissioning Services, and Phase 6 Closeout.
Phase 1 – Project Development – Completed Phase 2 – Preliminary Design – Completed Phase 3 – Final Design – Completed Phase 4 – Construction and Installation Services Phase 5 – Commissioning Services Phase 6 – Closeout
PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
OC San will retain the services of another consulting firm to provide Third Party
Construction Management services. References to OC San activities in this scope of work may be delegated, at OC San’s discretion, to this firm.
OC San will administer and provide field inspection for the construction contract. Construction
and support services shall be provided by CONSULTANT as requested by OC San.
CONSULTANT shall provide the key management personnel as described in its proposal for this project. CONSULTANT shall not reassign the key project personnel without prior approval of OC San. OC San may request reassignment of any of CONSULTANT’s or its subconsultant’s personnel based on that individual’s performance.
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For all services, CONSULTANT shall refer to Engineering Design Guidelines, Chapter 01 for detailed requirements.
Quality Assurance/Quality Control (QA/QC): CONSULTANT shall administer a program of QA/QC procedures for producing quality work and shall effectively manage and control the work. Specific procedures shall include but not be limited to planning, coordination, tracking,
checking, reviewing, and scheduling the work. CONSULTANT shall subject all work products prepared by CONSULTANT to CONSULTANT’s in-house QA/QC procedures prior to submittal to OC San. QA/QC hours and costs shall be incorporated into other tasks within this SOW.
Task 4.1 – Project Management
CONSULTANT shall be responsible for detailed management of the project, including managing its subconsultants, and shall keep OC San apprised of the status of the project.
CONSULTANT shall conduct monthly virtual project management meetings with OC San’s Project Manager. These meetings shall be attended by OC San’s Project Manager and CONSULTANT’s Project Manager at a mutually agreeable time. The purpose of the meetings shall be to review CONSULTANT Project Manager’s progress report and the status of the project scope, budget, and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted shortly prior to or at each meeting.
CONSULTANT shall prepare and submit monthly invoices to OC San no later than the second
Wednesday of the following month. The invoices shall document the hours and billing rate for each person that works on the project for each task in the Work Breakdown Structure (WBS). Overhead, profit, and any direct costs shall also be shown for each task. As part of the
summary section of the invoice, CONSULTANT shall also include the following information:
• Budget
• Current billing period invoicing
• Previous billing period “total invoiced to date”
• Budget amount remaining
• Current billing period “total percent invoice to date”
• Current billing period “total percent completed to date”
The monthly progress report and project schedule shall be submitted with the project invoice as part of the monthly request for payment.
CONSULTANT shall also provide the percent budget spent for each of OC San’s WBS cost codes (i.e. by work package and phase). OC San shall provide a list of cost codes by phase to CONSULTANT.
CONSULTANT shall also provide a summary of progress and expenditures to date.
OC San will provide a sample invoice structure to CONSULTANT at the beginning of the project.
Task 4.2 – Initial Project Meetings
4.2.1 - Construction Hand-Off Workshop
CONSULTANT shall participate in two 2-hour virtual construction hand-off workshops followed by up to three 2-hour virtual meetings focusing on electrical, instrumentation, and control disciplines. The purpose of the workshop is for CONSULTANT and OC San design teams to
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transfer project-specific knowledge to the OC San construction management and inspection staff who will be managing and monitoring construction. Topics that might be covered in this
meeting include the following:
• Overview of objective of the project
• Review of project elements
• Review of sequencing constraints
• Key issues to be addressed during construction
• Identification of risks and discussions of contingency plans
The workshop will be led by OC San’s Project Engineer and CONSULTANT’s Project Discipline Leads. CONSULTANT shall include its Project Manager, Project Architect, and one
other discipline lead.
4.2.2 - PMWeb Procedures Meeting
The project will utilize PMWeb as the web-based Project Control Management System (PCMS), and CONSULTANT will be given access to PMWeb, so CONSULTANT will not need to purchase software for the selected PCMS. The PCMS shall be utilized for Project communication, tracking, and management. PCMS utilization is to facilitate the electronic exchange of information, the automation of key processes, and the overall management of the contract. When required by OC San, paper documents shall also be provided. In the event of discrepancy between the electronic version and paper documents, the electronic documents within PCMS shall govern.
CONSULTANT shall participate in one 2-hour PMWeb procedure virtual meeting. The training will be provided by OC San’s staff. The purpose of this meeting is to review the roles and logistics for review, approval, and provision of various construction related documents.
CONSULTANT’s Project Manager, Project Architect, Project Assistant, and two other discipline leads shall participate in the virtual meeting.
4.2.3 - Submittal Review Procedures
CONSULTANT shall participate in one 2-hour virtual Submittal Procedure Meeting. The purpose of this meeting is to review the roles and logistics for review and approval of the Contractor submittals. CONSULTANT’s Project Manager and Project Architect shall participate in this meeting.
4.2.4 - Preconstruction Conference
CONSULTANT shall participate in a two-hour Preconstruction Conference attended virtually by OC San staff, CONSULTANT, the Contractor, subcontractors, and vendors. This meeting will be scheduled and presided over by OC San. In this meeting, OC San’s Resident Engineer will describe CONSULTANT’s role in the project as the Design Firm and the services CONSULTANT shall provide during construction. OC San will prepare meeting minutes and
CONSULTANT shall review and comment on the minutes.
4.2.5 - Pre-Submittal Meetings
CONSULTANT shall participate in virtual pre-submittal meetings specified for the following
specification sections:
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OC San will prepare the agenda and meeting minutes and CONSULTANT shall review and comment on the minutes. CONSULTANT’s appropriate design professionals shall attend.
• HDR is requested to list in its proposal what specification sections should have
Presubmittal-Meeting and the length of such meetings.
• Section 12345 – Whoopi Cushions (1 meeting @ 1-hour each)
• Section 23456 – Lava Lamps (2 meetings @ 2-hours each)
• Additional pre-submittal meetings (15 meetings @ 2-hour each)
Task 4.3 – Submittal Reviews
OC San will receive and log-in all submittals from the Contractor. OC San will forward copies of selected shop drawing and submittals requiring CONSULTANT’s review. CONSULTANT shall review the shop drawings and submittals for conformance with the requirements of the Contract Documents and return the submittal review comments to OC San within ten calendar days after receipt of submittal, except for submittals requiring multi-discipline review. CONSULTANT shall return comments to OC San allowing enough time for OC San to incorporate all comments into a combined review comment set that OC San will return to the Contractor. CONSULTANT shall accommodate occasional expedited reviews for time sensitive submittals. Submittals shall include, but not be limited to, shop drawings, vendor tests, certifications, and test reports. All submittals will be made available electronically (PDF)
through PMWeb.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of submittals.
Task 4.4 – Request for Information (RFI)
OC San will log in and forward to CONSULTANT certain RFIs generated by the Contractor or OC San. CONSULTANT shall return written responses to OC San as soon as possible or
within three business days of receipt of RFI, except for complex RFIs that may have cost impacts and previously discussed with OC San’s Resident Engineer, clarifying the requirements of the Contract Documents. CONSULTANT shall generate necessary sketches, figures, and modifications to the drawings for clarifications. When required to avoid schedule delay or additional construction-related costs, CONSULTANT shall expedite the review of time-sensitive RFIs.
If any changes to the Contract Drawings are required, CONSULTANT shall prepare these drawings and submit them as AutoCAD files to OC San. CONSULTANT shall update all AutoCAD drawings and specifications upon OC San acceptance of any changes resulting from RFIs and change orders.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of RFIs.
Task 4.5 – Contract Document Modifications and Design Changes
If the Contract Documents require modifications due to changed conditions, OC San requested changes, omissions, or design errors, CONSULTANT shall prepare preliminary Request for
Proposal (RFP) documents and forward them to OC San, as needed. OC San shall review the RFP and request CONSULTANT to incorporate any changes. OC San will issue the change order documents in a formal RFP or Field Change Order (FCO) to the Contractor.
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CONSULTANT shall forward design calculations and other design backup documents as necessary to OC San.
Any Contract Document that requires changes shall be identified with date of change and reference (RFI number, RFP number, FCO number, etc.) shown on the document. Changes shown on drawings shall be clearly marked and “clouded” for accurate identification of the
scope of change by the Contractor and inspection staff. CONSULTANT shall maintain up-to-date Contract Documents. When a change is required on a Contract Drawing that has previously undergone a change, the updated drawing showing the previous change shall be used as the base document to identify new changes.
CONSULTANT shall submit complete change documentation to OC San for use in RFIs, RFPs, and FCOs. This change documentation shall include plan drawings, schematics, details, schedules, and specifications, as required.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
Task 4.6 – Construction Progress Meetings and Site Visits
CONSULTANT shall attend construction progress meetings as requested by OC San. The scope item covers time for meeting preparation, travel time, follow-up, and review of meeting minutes. Progress meeting minutes will be prepared by OC San.
CONSULTANT shall make field visits to assist in field problem resolution and design clarification/verification to help resolve construction issues as they arise and as requested by
OC San. When possible, field visits shall be scheduled on the same day as construction progress meetings. CONSULTANT shall report the nature of the field site visits, the problem resolved, and identify staff requesting the site visit in CONSULTANT’s monthly project report.
OC San will provide project inspection, except as required in other sections of this SOW.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
Task 4.7 – Factory Observations
CONSULTANT shall attend factory observations for the following design elements:
HDR is requested to propose what equipment or systems would warrant a factory observation by HDR.
System Assumed Visits
Unitized Curtain Wall One 1-day trip
Task 4.8 – Specialty Services
4.8.1 – Geotechnical Engineering Services
The CONSULTANTCONSULTANT shall provide field personnel to be in charge of the QA/QC program and coordinate with Contractor/OC San to monitor the drilling and installation of the Cast-in-Drilled-Hole (CIDH) piles for the project. Perform all QC during drilling, steel
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reinforcement installation and concrete placement. CONSULTANT shall also be available for support to respond to differing site conditions, and Requests for Clarification and Information.
OC San will have primary responsibility for monitoring the construction work. The CONSULTANT shall assist in monitoring the work and compile a report of the data collected during the monitoring. The consultant shall be present on-site while CIDH pile installation is
taking place.
The CONSULTANT shall also provide geotechnical engineering services as they may be needed during the course of the project.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.2 – Structural Engineering Services
CONSULTANT shall have the structural engineer of record conduct field visits and provide expert opinion in review of observation of the structural work associated with the project. California Building Code requires the structural engineer of record to perform some structural inspections during construction.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.3 – Not Used
4.8.4 – Fire Protection Services
CONSULTANT shall secure the services of a fire protection specialist for assistance in construction support services during installation and commissioning of fire protection systems.
CONSULTANT shall manage fire protection subconsultant, and CONSULTANT shall be on site with the subconsultant for up to 4 hours per day for up to 10 days.
4.8.5 – Landscape Architectural Services
CONSULTANT shall provide on-site landscape architectural services for construction support. This item is separate from the hours for Task 4.3, 4.4, and 4.5.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.6 – Furniture, Fixtures and Equipment Support
CONSULTANT shall provide services related to Furnishings, Fixtures, and Equipment (FFE). OC San will manage the solicitation and procurement of FFE, with assistance from CONSULTANT as specified below.
4.8.6.1 Define FFE Requirements
CONSULTANT shall meet with OC San stakeholders to define specific requirements for FFE.
4.8.6.2 Prepare FFE Scopes of Work
CONSULTANT shall prepare detailed scopes of work for FFE including bills of materials, details, figures, and specifications for C San to request competitive quotes for all FFE.
4.8.6.3 Vendor Quotation Reviews
CONSULTANT shall review vendor quotes to provide feedback for OC San’s evaluation of
vendor quotations.
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4.8.6.4 Vendor Submittal Reviews
CONSULTANT shall review and comment on vendor submittals. Review of vendor submittals
is separate from the review of the General Contractor’s Submittals specified in Task 4.3.
4.8.6.5 Review Installed FFE
CONSULTANT shall conduct inspections of delivered and installed FFE to confirm that the
specified requirements have been satisfied. See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.7 – Exhibit Design, Fabrication and Installation
CONSULTANT shall provide coordination, fabrication, and installation for educational exhibits to be installed in the lobby based on the preliminary exhibit designs developed during the Phase 3 – Final Design.
4.8.8 – Equipment and Instrument Database (EID)
CONSULTANT shall review electronic copies of the EID updated by the Contractor and shall update and verify the fields in the EID required to be filled out in accordance with Specifications Section 01788. The EID shall be completed and submitted to OC San as equipment is taken over for beneficial occupancy.
See Section V- “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.9 – LEED Certification Support
CONSULTANT shall provide the services of a LEED Acredited Professional to coordinate with the Contractor/OC San for the implement the LEED design developed during Phase 3 – Final Design.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
PHASE 5 – COMMISSIONING SERVICES
Task 5.1 – Building Commissioning Services
CONSULTANT shall provide a Commissioning Agent with the responsibility and required expertise to develop the Commissioning Plan and represent OC San with the Building Commissioning activities.
CONSULTANT shall coordinate Building Commissioning activities with the Contractor (through the Third Party Construction Manager).
HDR is requested to propose any additional recommended scope for Building Commissioning
PHASE 6 – CLOSEOUT
Closeout tasks include completion of punch list work by the Contractor, final inspection, completion of Record Drawings, and electronic data. CONSULTANT shall submit a final invoice at the completion of the project.
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Task 6.1 – Final Inspection and Punch Lists
At the end of the construction period for the overall project, CONSULTANT’s Project Engineer
and technical leads shall attend the final inspection job walk with the Contractor and OC San staff. CONSULTANT shall make recommendations on the completion of the work including, but not limited to, completion of punch list items, site cleanup, leakage, and overall system
operations.
CONSULTANT shall assist OC San in developing punch lists of items required to be completed prior to Final Acceptance of the project by OC San.
Task 6.2 – Record Drawings
When requested by OC San, CONSULTANT shall inspect the Contractor’s as-built drawings to verify that the Contractor has included all relevant information from approved change orders and RFIs. As part of the review process, CONSULTANT shall verify that the Contractor’s as-built drawings correctly reflects the information included in the approved shop drawings, RFIs, approved FCOs, plan clarifications, plan changes, and other deviations from the Contract Drawings and that the information in the set is complete. CONSULTANT shall allow for four visits per year to review the Contractor’s as-built drawings. CONSULTANT shall transpose the as-built drawings to a CAD ready set after each meeting.
After Final Completion of the project, OC San will transmit to CONSULTANT the final as-built drawings. At that time, CONSULTANT shall meet with OC San’s inspectors and Resident
Engineer to review the Contractor’s final as-built drawings.
CONSULTANT shall prepare Draft Record Drawings based on the final as-built drawings for all drawings in accordance with the requirements in the CAD Manual. CONSULTANT shall
submit the Draft Record Drawings to the OC San Resident Engineer. The Draft Record Drawings will be reviewed for content and CAD compliance by OC San staff. A comment log will be returned to CONSULTANT and, if any comments are generated, CONSULTANT shall revise the Record Drawings and resubmit to the Resident Engineer for review of the changes and acceptance of the Record Drawings.
When no additional comments are identified, CONSULTANT shall prepare the Final Record Drawings and submit them along with the Contractor’s as-built drawings to the Project Manager. All Record Drawings shall contain a stamp indicating:
The stamp shall optimally be placed in the bottom right-hand corner of the border and may be included via x-ref. If importing the stamp via x-ref interferes with content in the bottom right hand corner, the stamp may also be placed in other open space along the bottom of the border. In addition, a note shall be placed over the engineer’s seal stating that “This drawing was originally approved for construction by [name of engineer] on [date] and sealed by [name of engineer] a licensed professional engineer in the State of California. License No. [License number].“ CONSULTANT shall submit an electronic copy of the Record Drawings to OC San
for review and acceptance. The acceptance of the Record Drawings shall be deemed a condition for completion of work.
“Record Drawings
These record drawings have been prepared based on information provided by others. The Engineer has not verified the accuracy of this information and shall not
be responsible for any errors or omissions which may be herein as a result.”
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The Contractor-generated drawings described in the Design Guidelines and the shop drawings will not be updated by CONSULTANT.
The format and quantities for delivery of the submittals shall be listed below:
Contents Draft Record Drawings Final Record Drawings
Hard Copy Sets 2 sets of bound 11x17 prints None
All related electronic files, including CAD and compiled PDFs
Transmit electronically via OneDrive Transmit electronically via OneDrive
IV. STAFF ASSISTANCE
OC San staff member or designee assigned to work with CONSULTANT on the construction phase of this project is Tom Grant at (714) 593-7287, e-mail to: tgrant@ocsd.com
V. QUANTITATIVE ASSUMPTIONS
The assumptions listed in the following table below shall be the basis for the assumed level of effort. CONSULTANT shall provide services up to the assumed level of effort, as specified for each task in the Scope of Work, within CONSULTANT’s proposed fee. CONSULTANT shall track effort expended for each of these task and shall not exceed the assumed level of effort without an approved contract amendment for additional services. CONSULTANT’s effort, hourly rates, and other costs shall be based on a construction duration of up to 78 months from notice to proceed to construction completion.
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Task Description Assumption
4.1 Project Management 36 months duration from
construction NTP to construction completion
4.3 Submittals _____ original submittals
_____ resubmittals _____ 2nd and later resubmittals
4.4 Requests for Information ____ RFIs
4.5 Design Changes ____ man-hours
4.6 Construction Progress
Meetings & Site Visits (not including meetings specified in Task 4.2 - Initial Project
Meetings )
100 Progress meetings @ 1 man-
hours each, 75% virtual
35 site visits @ 2 hours on-site each
4.8.6.5 Review Installed FFE 15 visits @ 2 hours on-site
4.8.1 Geotechnical Engineering
Support
400 total hours on-site over 50 days
4.8.2 Structural Engineering Services 20 site visits @ 2 hours on-site each
4.8.5 Landscape Architectural Services ___ site visits @ 2 hours on-site
5.1.1 Process Commissioning Team Meetings __ meetings @ 1 hour (virtual)
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1429 Agenda Date:5/5/2021 Agenda Item No:13.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK SEWER REHABILITATION,
CONTRACT NOS. 3-64A AND 3-64B
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Orange-Western Sub-Trunk and Los
Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3-64B;
B. Award a Construction Contract to Steve P. Rados, Inc. for Orange-Western Sub-Trunk and Los
Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3-64B, for a total amount not to
exceed $17,775,000; and
C. Approve a construction contract contingency of $1,777,500 (10%).
BACKGROUND
The Orange-Western Sub-Trunk and the Los Alamitos Trunk Sewer consist of two gravity trunk
sewers located in city streets and easements within the Cities of Anaheim, Cypress, Buena Park, Los
Alamitos, and Seal Beach. The Orange-Western Sub-Trunk was constructed in 1959 and runs along
Orange Avenue between Valley View Street and Western Avenue and along Western Avenue
between Orange Avenue and Santa Elena Drive. The Los Alamitos Trunk Sewer was also
constructed in 1959 and runs along Katella Avenue, between Lexington Drive and Oak Street, and
along Seal Beach Boulevard between Katella Avenue and Old Ranch Parkway, with a segment along
Old Ranch Parkway.
RELEVANT STANDARDS
·Achieve less than 2.1 sewer spills per 100 miles
·Comply with California Public Contract Code Section 20103.8 by awarding a construction
contract to lowest responsive, responsible bidder
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1429 Agenda Date:5/5/2021 Agenda Item No:13.
PROBLEM
The existing trunk sewers have corrosion and structural deficiencies,calcium blockages,
inflow/infiltration,and cleaning access issues.The Orange-Western Sub-Trunk has a significant
number of cracked pipes,deteriorated pipe joints,and corroded manholes.The Los Alamitos Trunk
Sewer has calcium build up at pipe joints,deteriorated pipe joints,and corroded manholes.The
cracked pipes and deteriorated pipe joints reduce available capacity by allowing infiltration of
groundwater and inflow during storms.Manhole corrosion,if not addressed,could cause structural
failure of the manhole and the surrounding pavement.Calcium buildup at pipe joints is a result of
minerals in the intruding groundwater and can prevent proper cleaning of the pipes.
PROPOSED SOLUTION
Award a Construction Contract for the Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer
Rehabilitation,Contract Nos.3-64A and 3-64B.The work will rehabilitate over 8-miles of 21-inch
through 39-inch vitrified clay pipe sewer and 115 manholes.This work will reduce the risk of flow
blockage,sewage spills,pipeline failure,inflow/infiltration,will improve cleaning and maintenance,
and extend the useful life of the assets.
TIMING CONCERNS
This project includes seasonal work restrictions to reduce impacts to schools and the community.
Delaying the project award will allow more calcium build up, pipe clogging, and continuing corrosion.
RAMIFICATIONS OF NOT TAKING ACTION
Not rehabilitating the trunk line will increase maintenance needs and will eventually result in the
failure of these critical assets.A pipeline failure would result in a major sewage spill,risk to public
health and safety, and would require an extensive bypassing system to perform the repair.
PRIOR COMMITTEE/BOARD ACTIONS
November 2020 -Received and filed Bid Tabulation and Recommendation for Orange-Western Sub-
Trunk Rehabilitation,Contract No.3-64A,rejected all bids and approved staff’s recommendation to
combine Orange-Western Sub-Trunk Rehabilitation,Contract No.3-64A with Los Alamitos Trunk
Sewer Rehabilitation, Contract No. 3-64B, and bid together.
ADDITIONAL INFORMATION
The Orange County Sanitation District (OC San)advertised Orange-Western Sub-Trunk
Rehabilitation,Contract Nos.3-64A and 3-64B,for bids on January 5,2021 and three sealed bids
were received on March 16, 2021.
Summary information on the bid opening is as follows:
Engineer’s Estimate $16,057,900
Bidder Amount of Bid
Steve P. Rados, Inc $17,775,000
Teichert Energy & Utilities Group, Inc.$19,141,725
Spinello Infrastructure West, Inc.$22,975,380
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File #:2021-1429 Agenda Date:5/5/2021 Agenda Item No:13.Engineer’s Estimate $16,057,900
Bidder Amount of Bid
Steve P. Rados, Inc $17,775,000
Teichert Energy & Utilities Group, Inc.$19,141,725
Spinello Infrastructure West, Inc.$22,975,380
The fact that only three bids were received is likely due to two general factors.The first is that much
of the work is typically performed by specialty subcontractors,such as cured-in-place pipe lining,and
injection grouting where chemicals are injected into the ground to block the flow of groundwater into
the pipe.In the case of the chemical injection subcontractors,there are very few firms active locally.
In any case,with a large fraction of subcontracted work,the general contractors take on risk with less
opportunity to gain a competitive advantage with a more effective approach.The other is that work
hour restrictions required to mitigate traffic impacts on heavily traveled streets constrains how a
contractor can manage the work and risks.These factors may explain why the low bid was nearly $2
million more than the engineer’s estimate.
The bids were evaluated in accordance with OC San’s policies and procedures.After evaluation,
Steve P.Rados,Inc.,the apparent low bidder,was determined to be both responsive and
responsible.A notice was sent to all bidders on March 31,2021 informing them of the intent of OC
San staff to recommend award of the Construction Contract to Steve P. Rados, Inc.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder, Steve P. Rados, Inc., for a total amount not to exceed $17,775,000.
CEQA
The project is included in the “Rehabilitation of Western Regional Sewers Project No.3-64”
Environmental Impact Report (EIR)State Clearinghouse Number 2015111077.This EIR was
certified by the Board of Directors and a Notice of Determination was filed on March 23, 2017.
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 23,Rehabilitation
of Western Regional Sewers,Project No.3-64)and the budget is sufficient for the recommended
action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
·Presentation
HK:dm:sa:gc
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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 ........................................................................................ 5
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 6
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 7
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 8
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 8
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ........................................................................................... 10
SECTION – 13 COMPLETION ................................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 13
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 23
SECTION – 18 TERMINATION ............................................................................... 23
SECTION – 19 WARRANTY ................................................................................... 23
SECTION – 20 ASSIGNMENT ................................................................................ 24
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 24
SECTION – 22 SAFETY & HEALTH ....................................................................... 25
SECTION – 23 NOTICES ....................................................................................... 25
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CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
CONTRACT NO. 3-64A & 3-64B
ORANGE-WESTERN SUB-TRUNK & LOS ALAMITOS TRUNK SEWER REHABILITATION
Part of
PROJECT NO. 3-64, REHABILITATION OF WESTERN REGIONAL SEWERS
THIS AGREEMENT is made and entered into, to be effective, this May 26, 2021, by and
between Steve P. Rados, 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.
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A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions – Definitions.
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
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specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
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discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
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SECTION – 3 PROJECT
The Project is described as:
CONTRACT NO. 3-64A & 3-64B
ORANGE-WESTERN SUB-TRUNK & LOS ALAMITOS TRUNK SEWER REHABILITATION
Part of
PROJECT NO. 3-64, REHABILITATION OF WESTERN REGIONAL SEWERS
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
CONTRACT NO. 3-64A & 3-64B
ORANGE-WESTERN SUB-TRUNK & LOS ALAMITOS TRUNK SEWER REHABILITATION
Part of
PROJECT NO. 3-64, REHABILITATION OF WESTERN REGIONAL SEWERS
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 six hundred thirty (630) 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 thirty (30) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
In addition, CONTRACTOR shall accomplish such milestones within the periods of performance
set forth in Appendix A of the Special Provisions entitled “Work Completion Schedule.”
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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,
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.
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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.
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”.
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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 Seventeen Million Seven Hundred Seventy-Five
Thousand Dollars ($17,775,000) as itemized on the Attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. 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.
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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.
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
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Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions –“Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment” and Exhibit A -
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, 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
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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
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.
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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
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).
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SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
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its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
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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
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.
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A. Limits of Insurance
1. General Liability: Ten Million Dollars ($10,000,000) per occurrence and a general
aggregate limit of Twenty Million Dollars ($20,000,000) 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 Ten Million Dollars
($10,000,000) per occurrence and a general aggregate limit of Twenty Million
Dollars ($20,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
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To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of Five Million Dollars ($5,000,000) for bodily injury,
personal injury and property damage;
Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury,
Four Million Dollars ($4,000,000) per accident for bodily injury, and One Million
Dollars ($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
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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.
6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least Five Million
Dollars ($5,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants,
contaminants or pollutants.
If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the
right to approve or reject such coverage in its own discretion. If written on a claims-
made basis, the CONTRACTOR warrants that any retroactive date applicable to
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coverage under the policy precedes the effective date of this Contract, and that
continuous coverage will be maintained, or an extended discovery period will be
exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by 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.
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2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to 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
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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
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.
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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)
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 5. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
OCSD, its directors, officers, agents, CONSULTANTS and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
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additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 11 85 or alternatively in both
CG 20 10 10 01 and CG 20 37 10 01 together.
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep 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
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
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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.
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.
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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 Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: Steve P. Rados, Inc. 2002 E McFadden Avenue, Suite 200
Santa Ana, CA 92705
Copy to: Stephen S. Rados, President Steve P. Rados, Inc. 2002 E McFadden Avenue, Suite 200
Santa Ana, CA 92705
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Steve P. Rados, Inc.
2002 E McFadden Avenue, Suite 200
Santa Ana, CA 92705
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 484452 (Expiration Date – 12/31/2021)
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
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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.
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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.
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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.
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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 CONTRACT NO. 3-64A & 3-64B ORANGE-WESTERN SUB-TRUNK & LOS ALAMITOS TRUNK SEWER REHABILITATION 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 CONTRACT NO. 3-64A & 3-64B ORANGE-WESTERN SUB-TRUNK & LOS ALAMITOS TRUNK SEWER REHABILITATION 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 CONTRACT NO. 3-64A & 3-64B ORANGE-WESTERN SUB-TRUNK & LOS ALAMITOS TRUNK SEWER REHABILITATION 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 CONTRACT NO. 3-64A & 3-64B ORANGE-WESTERN SUB-TRUNK & LOS ALAMITOS TRUNK SEWER REHABILITATION CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Steve P. Rados, Inc. BF-14 SCHEDULE OF PRICES, Pages 1 - 3
Bid Submitted By: ___ S_t_e_ve_P_._R_a_d_o_s_, _ln_c_. ____ _
(Namo of Finn)
BF-14 SCHEDULE OF PRICES
A.
INSTRUCTIONS
Gcnarpl
For Unit Pnces, 11 Is understood that the followmg quant1Ues are approXJmate 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 comptetea 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 OCSO via approved Change
Orders, pursuant to the Contract Documents.
Bdder shall separately price and accurately reflect costs associated with each line item,
'eavmg no blanks. Any end 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 remfndcd of lnstrucUon to Bidders O,screpancy in Bid Items, which, In summary,
provides that the total price for each item sha0 be based on the Unit Price llsted 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 otherw,se specified in the Contract Documents. All
aooljcable sales taxes state and/or federal, and anv other spegal taxes, patent rights or royalUes shall be Included In the prices quoted n th1& 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 aN costs necessary to furnish all labor, materials, equipment and
services for the construction of the Pro1ect per the Contract Documents.
BF-4 SCHEDULE OF PRICES C-BF-042720
CONTRACT NO 3-64A & 3-64B
ORANGE-WESTERN SUB-1"UNK & LOS ALAMITOS TRUNK SEWER REHABILITATION
Page 1 of 3
Bid Submitted By: __ S_te_v_e_P_. _R_a_d_o_s_, _l_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. Qty Unit Price Extended Price No. Measurement
Mobilization as described in Specifications Section 01155 and in
1. conformance with the Contract Documents for the lump sum price Lump Sum = $400,000
of ...
Sheeting, Shoring and Bracing as described in Specifications
$ "?:,501 00D 2. Section 01155 and in conformance with the Contract Documents Lump Sum =
for the lump sum price of ...
Contaminated Soil Transport and Disposal as described in
$ 31, ~oD 3. Specifications Section 01155, Section 02200 and in conformance Cubic Yard =
with the Contract Documents for the unit price and total price of ...
Cities of Anaheim, Buena Park, Los Alamitos, Cypress, Seal
Beach, Rossmoor Community Services District, County of
4. Orange, and Caltrans, Permit and Inspection Fees (Allowance) Allowance = $700,000
as described in Specifications Section 01155 and in conformance
with the Contract Documents for an allowance of ...
Final Grind and Cap Asphalt Concrete Pavement as described >po 5. in Specifications Section 01155 and in conformance with the Square Foot 115,000 X = $ 34-$ ooO
Contract Documents for the unit price and total price of ... (
Slurry Seal of Orange Avenue within the City of Cypress as <;'-' )'1 (!)&0 6. described in Specifications Section 01155 and in conformance Square Foot 158,000 X {) ' = $
with the Contract Documents for the unit price and total price of ... I
BF-14 SCHEDULE OF PRICES C-BF-042720
CONTRACT NO. 3-64A & 3-64B
ORANGE-WESTERN SUB-TRUNK & LOS ALAMITOS TRUNK SEWER REHABILITATION
Page 2 of 3
ii.
B 14 SOHEOIJLE OF PRlC S
a subm, et1ey. __ S_'te..,.v ..... e_P_' _. R_· ·_a_d_o_s,_l.,-n_c __ • _
(Nam o · Fiim
tax.Qty u tPnoe 'Extend d fll&!e
1: a.soo 4-)o ,c>O = '$
81.f;ooc)
GAL .soo * = $
tf-'?(oo i I f!fJ, .. 2-1 ~o
, . I
. L: mpS
L ,,,s 200,000
GAL 4,•000 q-sroD = $ lfA &DO I
TOTAL A OU T OF BID (BAS}$ OF AWAAD}
C..S ~42720
CONrRACl' NO. 3'-64A &'3--648
OMNGE-WESTERNSUB-TRU .. &UJSAl.A rros -mu KSEW R:REMABI ITAiro~
Page3of3
i
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4/28/2021
1
Orange‐Western Sub‐Trunk and
Los Alamitos Trunk Sewer Rehabilitation,
Contract Nos. 3‐64A & 3‐64B
Construction Contract AwardPresented by:
Jeff Mohr
Engineering
Manager
Operations
Committee
May 5, 2021
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3‐64 Rehabilitation of Western Regional Sewers
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3‐64A & 3‐64B
Construction Work
Summer 2021 ‐Spring 2023
3‐64A Orange‐Western Sub‐Trunk Rehab
• Cities:
Anaheim
Buena Park
Cypress
• 2.6 miles
• Rehabilitation and Replacement Pipes/Manholes
Orange Ave.
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BUENAI\IUIK l i .__ ___________ .,.LINC:,.OLN AV ,---•
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SUB•TRUNK REHABILITATION
PIPE: RECOMMENDATION
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ORANGE AV
4/28/2021
3
3‐64B Los Alamitos Trunk Rehab
• Cities/Agencies:
Seal Beach
Los Alamitos
Cypress
Rossmoor (County of Orange)
Caltrans
Joint Forces Training Base
• 6 miles
• Pipeline & Manhole Replacement/Rehabilitation
5
6
Close Coordination with Local Agencies
5
6
Contnc:t3-G-4.B
-~~'.;;, ~:;rw.g & Gtwi1ng
SB M81nho6& Replecemenls; 3
SEAL BEACH Manhol'e Ct,lmne:,ICone Replacement: 17
Manhol'e Chlmne:,IConeJBarrel Ftaplec:emenl: G
Mtiintiore Ftohebl~teUon· 44
MiinhCWl'lb,p,n(Sonmen1· 1
Now Mnnhor. lns.tallo11on: 1
• ti:tltrans
4/28/2021
4
7
Unknown Utilities Risk
• Potential utility damage
• Construction delays
• Increased costs
• Design changes required
Design Phase Responses
• Researched utility records
• Used ground penetrating radar
• Spot exploratory excavations
• Performed field walks
Construction Phase Responses
• Require potholing prior to work
• Review potholing plan with contractor
• Inspect, monitor and review potholing activities
Manhole replacement
8
Sewage Spill Risk
• Environmental threat/health hazard
• Permit violations
• Construction delays
• Increased costs
Design Phase Responses
• Developed bypassing approach
• Specified sequencing and restrictions
• Required redundancy
Construction Phase Responses
• Require spill prevention and bypass plan
• Review plan daily with contractor
• Inspect, verify and monitor 24/7
Bypass Pumping
7
8
4/28/2021
5
Bid Results
Bidder Amount of Bid
Engineer’s Estimate $16,057,900
Steve P. Rados, Inc. $17,775,000
Teichert Energy & Utilities Group, Inc. $19,141,725
Spiniello Infrastructure West, Inc. $22,975,380
9
10
Recommended Action
Recommend to the Board of Directors to:
• Receive and file Bid Tabulation and Recommendation for Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3-64B;
• Award a Construction Contract to Steve P. Rados, Inc., for Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A and 3-64B, for an amount not to exceed $17,775,000 and
• Approve a construction contingency of $1,777,500 (10%).
9
10
4/28/2021
6
11
Questions
11
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1529 Agenda Date:5/5/2021 Agenda Item No:14.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT NO. 2, CONTRACT NO. P2-98A
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Black & Veatch Corporation to
provide construction support services for A-Side Primary Clarifiers Replacement at Plant No.
2, Contract No. P2-98A, for an amount not to exceed $8,400,000; and
B. Approve a contingency of $840,000 (10%)
BACKGROUND
Black & Veatch Corporation (Black & Veatch) was selected as part of a competitive, qualifications-
based solicitation process to design Primary Treatment Rehabilitation at Plant No. 2, Project No. P2-
98. The project includes A-Side Primary Clarifiers Replacement at Plant No. 2, Contract No. P2-98A.
At the time of the solicitation, the Orange County Sanitation District (OC San) documented its intent
to award a subsequent agreement to the design consultant for continuation of engineering services
during construction.
This $111 million construction contract will build four new primary clarifiers, a new odor control and
chemical facility, a new electrical distribution center, and ancillary utilities and facilities. After the new
facilities are completed, the project will also demolish four primary clarifiers, a power building, and an
air treatment facility.
RELEVANT STANDARDS
·Comply with California Government Code Section 4526 to engage the best qualified firm “on
the basis of demonstrated competence and qualifications” and “negotiate fair and reasonable
fees”
·Ensure the public’s money is wisely spent
Orange County Sanitation District Printed on 4/28/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1529 Agenda Date:5/5/2021 Agenda Item No:14.
PROBLEM
This project requires the design consultant to provide as-needed services during construction
including submittal review,responding to the Contractor’s requests for information,reviewing
construction change orders,participating in meetings,attending site visits,providing personnel
training,preparation of standard operating procedures,providing startup assistance,and preparing
record drawings.
PROPOSED SOLUTION
Approve a Professional Construction Services Agreement with the design consultant,Black &Veatch,
to provide engineering services during construction.
TIMING CONCERNS
Engineering support services will be required at the start of construction.Construction is anticipated
to start in July 2021.
RAMIFICATIONS OF NOT TAKING ACTION
The engineering support services needed to facilitate and review construction activities would not be
available by the Engineer of Record, which may negatively impact the contract execution.
PRIOR COMMITTEE/BOARD ACTIONS
July 2016 -Approved a Professional Design Services Agreement with Black &Veatch Corporation to
provide engineering design services for Primary Treatment Rehabilitation at Plant No.2,Project No.
P2-98, for an amount not to exceed $18,141,423 and approved a contingency of $1,814,142 (10%).
ADDITIONAL INFORMATION
Black &Veatch has successfully furnished engineering services for this project and their support
services during construction will provide continuity through the completion of this project.Staff
negotiated with Black &Veatch for these support services in accordance with OC San’s adopted
policies and procedures.
A review of the proposed price was conducted using estimated quantities of requests for support,as
well as level of effort for preparing record drawings.Based on this review,staff determined the
negotiated fee to be fair and reasonable for these services.
CEQA
This project is exempt from CEQA under the Class 2 categorical exemptions set forth in California
Code of Regulations Sections 15302.This is 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.
Orange County Sanitation District Printed on 4/28/2021Page 2 of 3
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File #:2021-1529 Agenda Date:5/5/2021 Agenda Item No:14.
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 82,Primary
Treatment Rehabilitation at Plant No.2,Project No.P2-98)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:
·Professional Construction Services Agreement
·Presentation
SN:dm:gc
Orange County Sanitation District Printed on 4/28/2021Page 3 of 3
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PCSA CONTRACT NO. P2-98A
Revised 101620 A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
Page 1 of 20
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
THIS PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT (Agreement) is made and entered into to be effective the 26th day of May, 2021 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and
BLACK & VEATCH CORPORATION, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for Contract No. P2-98A, A-Side Primary Clarifiers Replacement at Plant 2; and, WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and, WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the SANITATION DISTRICT’s Purchasing Ordinance Section 4.03(B) for the continuation of
services and has proceeded in accordance with said procedures to perform this work; and, WHEREAS, at its regular meeting on May 26, 2021 the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee pursuant to SANITATION DISTRICT’s Purchasing Ordinance to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness.
PCSA CONTRACT NO. P2-98A
Revised 101620 A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
Page 2 of 20
C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of 30 calendar days
during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION
DISTRICT. E. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. F. The SANITATION DISTRICT shall furnish the CONSULTANT available studies,
reports and other data pertinent to the CONSULTANT’s service; obtain or authorize the CONSULTANT to obtain or provide additional reports and data as required; furnish to the CONSULTANT services of others required for the
performance of the CONSULTANT’s services hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information and services provided by the SANITATION DISTRICT or others in performing the CONSULTANT’s
services under this Agreement. G. CONSULTANT shall not be responsible for delays caused by circumstances beyond its reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages or accidents, and (2) acts of God. While Consultant has made reasonable efforts to incorporate into its plan for the Project any known current project impacts of the COVID-19 pandemic, CONSULTANT has not accounted for, and is not responsible for, unknown future changes due to the COVID-19 pandemic, including, without limitation, additional restrictions by government agencies or others (such as the availability of the site
PCSA CONTRACT NO. P2-98A
Revised 101620 A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
Page 3 of 20
for access or client or consultant staff or others) to the extent they delay or otherwise impact the Project. In that event, CONSULTANT will notify the
SANITATION DISTRICT and work in good faith to equitably address any unexpected impacts therefrom. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed Eight Million Four Hundred Thousand Dollars ($8,400,000.00). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal.
B. Labor As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT 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.
PCSA CONTRACT NO. P2-98A
Revised 101620 A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
Page 4 of 20
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule as applicable 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 of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. The SANITATION DISTRICT shall apply the
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most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or “per diem” as deemed the most
practical. CONSULTANT shall be responsible for returning to 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 general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize
personal vehicle for local travel. Lodging – Overnight stays will not be approved by 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 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.
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3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased.
4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of:
i. The amount considered by the SANITATION DISTRICT’s Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or
ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. 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.
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D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650-12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of 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. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
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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 Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class 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
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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, products liability/completed operations (including
any product manufactured or assembled), broad form property damage, contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, vicarious 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. 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.
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E. Drone Liability Insurance If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to 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. 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.
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H. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said certificates 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. CONSULTANT shall provide the SANITATION DISTRICT with copies of its insurance certificates and amendatory endorsements affecting coverage. Confidential information may be redacted from said policies, provided that verification of coverage, name of carriers and agent/broker may not be redacted. Said policies and endorsements shall conform to the requirements herein stated. 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 or equivalent.
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. 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 shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in
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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 (with the exception of Workers’ Compensation and
Professional Liability) 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 (with the exception of Workers’ Compensation and Professional Liability) 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. The SANITATION DISTRICT will not invoke the option expressed in this paragraph unless it has reasonable cause to question CONSULTANT’s financial strength. N. Defense Costs Liability policies (except Errors and Omissions/Professional Liability) 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.
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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. Nothing in this section, however, requires CONSULTANT in the absence of litigation to reveal its Errors and Omissions/Professional Liability limits beyond that required herein Section 7. 8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT’s project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 -COMPENSATION. There shall be no substitution of the listed Subconsultants and CONSULTANT’s project
team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION
The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all
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direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance
with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT’s auditor in obtaining all project related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT.
13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue
Fountain Valley, CA 92708-7018 Attention: Ludwig Lapus, Senior Contracts Administrator Copy: Shahrzad Namini, Project Manager
Notices shall be mailed to CONSULTANT at:
BLACK & VEATCH CORPORATION
550 S. Hope Street, Suite 2250 Los Angeles, CA 90071 Attention: James H. Clark, Senior Vice President All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT’s staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT.
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14. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT
agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT.
16. COMPLIANCE
A. Labor CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or
national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. B. Air Pollution
CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services.
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19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies).
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, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses including without limitation, attorneys’ fees, disbursements and court costs, and all other
professional, expert or consultants fees and costs and the SANITATION DISTRICT’s general and administrative expenses (individually, a “Claim”, or collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work
performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents,
employees, CONSULTANT’s suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from: (A) the sole or active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or
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(C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT’s supplier, consultant, subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them.
Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder.
The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed
against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such claims. CONSULTANT’s indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes.
PCSA CONTRACT NO. P2-98A
Revised 101620 A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
Page 18 of 20
25. 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. 26. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout.
Upon receipt of CONSULTANT’s submittals, the SANITATION DISTRICT shall commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT’s cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance.
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. 27. CONSULTANT’S OPINION OF COSTS The SANITATION DISTRICT acknowledges that construction estimates, financial analyses and feasibility projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. The SANITATION DISTRICT acknowledges that such influences may not be precisely
PCSA CONTRACT NO. P2-98A
Revised 101620 A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
Page 19 of 20
forecasted and are beyond the control of CONSULTANT and that actual costs incurred may vary substantially from the estimates prepared by CONSULTANT. CONSULTANT
does not warrant or guarantee the accuracy of construction or development cost estimates. 28. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
PCSA CONTRACT NO. P2-98A
Revised 101620 A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
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.
BLACK & VEATCH CORPORATION
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” – Not Used
Attachment “C” – Not Used
Attachment “D” – Allowable Direct Costs
Attachment “E” – Fee Proposal
Attachment “F” – Not Used
Attachment “G” – Not Attached
Attachment “H” – Not Used
Attachment “I” – Cost Matrix and Summary
Attachment “J” – Not Used
Attachment “K” – Minor Subconsultant Hourly Rate Schedule
Attachment “L” – Contractor Safety Standards
LL:yp
ATTACHMENT “A”
SCOPE OF WORK
SCOPE OF WORK Project No. P2-98A PCSA Page 1 of 17
A-Side Primary Clarifiers Replacement at Plant 2
Project No. P2-98A
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT (PCSA) ATTACHMENT A – SCOPE OF WORK
SCOPE OF WORK Project No. P2-98A PCSA Page 2 of 17
TABLE OF CONTENTS
I. SUMMARY .......................................................................................................................... 3
II. PROJECT SCHEDULE ....................................................................................................... 3
III. PROJECT IMPLEMENTATION ........................................................................................... 3
PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ...................................................... 3
Task 4.1 – Project Management ............................................................................................... 4 Task 4.2 – Initial Project Meetings ............................................................................................ 4 Task 4.3 – Submittal Reviews ................................................................................................... 6 Task 4.4 – Request for Information (RFI) .................................................................................. 6 Task 4.5 – Contract Document Modifications and Design Changes .......................................... 7 Task 4.6 – Construction Progress Meetings and Site Visits ...................................................... 7 Task 4.7 – Contractor’s Baseline Schedule and Schedule Updates Review ............................. 8 Task 4.8 – Specialty Services ................................................................................................... 8
PHASE 5 – COMMISSIONING SERVICES ..............................................................................10
Task 5.1 – Commissioning Team Meetings .............................................................................10 Task 5.2 – Personnel Training .................................................................................................10 Task 5.3 – Equipment and Instrument Database (EID) ............................................................11 Task 5.4 – Commissioning Support .........................................................................................12
Task 5.5 – Operations Manual and Procedures (OMaP) ..........................................................12
PHASE 6 – CLOSEOUT ..........................................................................................................13
Task 6.1 – Final Inspection and Punch Lists ............................................................................13 Task 6.2 – Record Drawings ....................................................................................................13
IV. STAFF ASSISTANCE ........................................................................................................15
V. QUANTITATIVE ASSUMPTIONS ......................................................................................15
SCOPE OF WORK Project No. P2-98A PCSA Page 3 of 17
I. SUMMARY
Provide construction engineering support services for the construction and installation, commissioning, and closeout phases of this project. II. PROJECT SCHEDULE The schedule for the services specified in this Scope of Work (SOW) shall be provided per the construction contract schedule and the following schedule constraints:
Task(s) Period of Performance
Submittals As described under Task 4.3 titled “Submittal Reviews”
Requests for Information As described under Task 4.4 titled “Request for Information (RFI)”
Record Drawings Draft Final Record Drawings shall be submitted to OC San within 90 Calendar days of receipt from OC San of the accepted Contractor’s As-Built Drawings. The final Record Drawings shall be submitted within 30
Calendar days of receipt of OC San’s comments on the Draft Record Drawings. see also Task 6.2 requirements.
III. PROJECT IMPLEMENTATION All Orange County Sanitation District (OC San) projects are divided into six phases. CONSULTANT shall provide engineering support services for Phase 4 Construction and Installation Services, Phase 5 Commissioning Services, and Phase 6 Closeout. Phase 1 – Project Development – Completed Phase 2 – Preliminary Design – Completed
Phase 3 – Final Design – Completed Phase 4 – Construction and Installation Services Phase 5 – Commissioning Services Phase 6 – Closeout
PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
OC San will administer and provide field inspection for the construction contract. Construction and support services shall be provided by the CONSULTANT as requested by OC San.
CONSULTANT shall provide the key management personnel as described in its proposal for this project. CONSULTANT shall not reassign the key project personnel without prior approval of OC San. OC San may request reassignment of any of the CONSULTANT’s or its subconsultant’s personnel based on that individual’s performance.
For all services, the CONSULTANT shall refer to Engineering Design Guidelines, Chapter 01 for detailed requirements.
SCOPE OF WORK Project No. P2-98A PCSA Page 4 of 17
Quality Assurance/Quality Control (QA/QC): CONSULTANT shall administer a program of QA/QC procedures for producing quality work and shall effectively manage and control the
work. Specific procedures shall include but not be limited to planning, coordination, tracking, checking, reviewing, and scheduling the work. CONSULTANT shall subject work products prepared by the CONSULTANT related to design changes to the CONSULTANT’s in-house
QA/QC procedures prior to submittal to OC San. QA/QC hours and costs shall be incorporated into other tasks within this SOW.
Task 4.1 – Project Management
CONSULTANT shall be responsible for detailed management of the project, including managing its subconsultants, and shall keep OC San apprised of the status of the project.
CONSULTANT shall conduct monthly project management meetings with OC San’s Project Manager. It is assumed that half of the meetings will be attended virtually and half will be attended in-person. These meetings shall be attended by OC San’s Project Manager and the CONSULTANT’s Project Manager at a mutually agreeable time. The purpose of the meetings shall be to review the CONSULTANT Project Manager’s progress report and the status of the project scope, budget, and any issues which may affect completion of the project. Meetings should be arranged so that the progress report can be submitted shortly prior to or at each meeting.
CONSULTANT shall prepare and submit monthly invoices to OC San no later than the second
Wednesday of the following month. The invoices shall document the hours and billing rate for each person that works on the project for each task in the Work Breakdown Structure (WBS). Overhead, profit, and any direct costs shall also be shown for each task. As part of the
summary section of the invoice, CONSULTANT shall also include the following information:
• Budget
• Current billing period invoicing
• Previous billing period “total invoiced to date”
• Budget amount remaining
• Current billing period “total percent invoice to date”
• Current billing period “total percent completed to date”
The monthly progress report and project schedule shall be submitted with the project invoice as part of the monthly request for payment.
CONSULTANT shall also provide the percent budget spent for each of OC San’s WBS cost codes (i.e. by work package and phase). OC San shall provide a list of cost codes by phase to the CONSULTANT.
CONSULTANT shall also provide a summary of progress and expenditures to date.
This subtask shall apply to all phases of work (Phase 4, 5, and 6) under this PCSA.
The OC San will provide a sample invoice structure to the CONSULTANT at the beginning of the project.
Task 4.2 – Initial Project Meetings
4.2.1 - Construction Hand-Off Workshop
CONSULTANT shall participate in a two-hour virtual construction hand-off workshop. The purpose of the workshop is for the CONSULTANT and OC San design teams to transfer
SCOPE OF WORK Project No. P2-98A PCSA Page 5 of 17
project-specific knowledge to the OC San construction management and inspection staff who will be managing and monitoring construction. Topics that might be covered in this meeting
include the following:
• Overview of objective of the project
• Review of project elements
• Review of sequencing constraints
• Key issues to be addressed during construction
• Identification of risks and discussions of contingency plans
• Specified submittal review meetings
• List of planned inspections
The workshop will be led by OC San’s Project Engineer and the CONSULTANT’s Project
Discipline Leads. CONSULTANT shall include its Project Manager, Project Engineer, and four other discipline leads.
4.2.2 - PMWeb Procedures Meeting
The project will utilize PMWeb as the web-based Project Control Management System (PCMS). The PCMS shall be utilized for Project communication, tracking, and management. PCMS utilization is to facilitate the electronic exchange of information, the automation of key
processes, and the overall management of the contract. When required by OC San, paper documents shall also be provided. In the event of discrepancy between the electronic version and paper documents, the electronic documents within PCMS shall govern. CONSULTANT shall participate in a one-hour PMWeb procedure virtual meeting. The training will be provided by OC San’s staff. The purpose of this meeting is to review the roles and logistics for review, approval, and provision of various construction related documents. CONSULTANT’s Project Manager, Project Engineer, Project Assistant, and two other discipline leads shall participate in the virtual meeting.
4.2.3 - Submittal Review Procedures
CONSULTANT shall participate in a one-hour virtual Submittal Procedure Meeting. The
purpose of this meeting is to review the roles and logistics for review and approval of the Contractor submittals. CONSULTANT’s Project Manager and Project Engineer and document control staff who will be handling submittals shall participate in this meeting.
4.2.4 - Preconstruction Conference
CONSULTANT shall participate in a one-hour Preconstruction Conference attended virtually by OC San staff, the CONSULTANT, the Contractor, subcontractors, and vendors. This meeting
will be scheduled and presided over by OC San. In this meeting, OC San’s Resident Engineer will describe the CONSULTANT’s role in the project as the Design Engineer and the services the CONSULTANT shall provide during construction. OC San will prepare meeting minutes and the CONSULTANT shall review and comment on the minutes. CONSULTANT’S Project Manager, Project Engineer and two other staff shall participate in this meeting.
4.2.5 - Submittal Meetings
CONSULTANT shall attend the pre-submittal and submittal review virtual meetings (otherwise) specified for the following specification sections:
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OC San will prepare the agenda and meeting minutes and the CONSULTANT shall review and comment on the minutes. CONSULTANT’s Project Manager and Project Engineer shall attend
virtually.
Pre-Submittal Meetings:
• 01783 – Equipment Service Manuals
• 11350 – Odor Control Systems
• 11410 – Circular Clarifier Equipment
• 13235 – Truss Supported Flat Aluminum Basin Covers
• 16340 – Medium Voltage Switchgear
• 16430 – Low Voltage Switchgear
• 16480 – Low Voltage Motor Control
• 16850 – Load Shed and Substation Local Area Hardware Network
• 17405 – Control Panels Submittal Review Meetings:
Spec Section Upon Submittal Receipt Upon Submittal Review
16340 Medium-Voltage Switchgear X X
16430 Low Voltage Switchgear X X
16480 Low Voltage Motor Control X X
16850 Load Shed and Substation Local Area Network Hardware X X
Task 4.3 – Submittal Reviews
OC San will receive and log-in all submittals from the Contractor. OC San will forward copies of selected shop drawing and submittals requiring the CONSULTANT’s review. CONSULTANT shall review the shop drawings and submittals for conformance with the requirements of the Contract Documents and return the submittal review comments to OC San within ten calendar days after receipt of submittal, except for submittals requiring multi-discipline review. CONSULTANT shall return comments to OC San allowing enough time for OC San to incorporate all comments into a combined review comment set that OC San will return to the Contractor. CONSULTANT shall accommodate occasional expedited reviews for time sensitive submittals. Submittals shall include, but not be limited to, shop drawings, vendor tests, certifications, and test reports. All submittals will be made available electronically (PDF) through PMWeb.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of submittals.
Task 4.4 – Request for Information (RFI)
OC San will log in and forward to the CONSULTANT certain RFIs generated by the Contractor or OC San. CONSULTANT shall return written responses to OC San as soon as possible or within three working days of receipt of RFI, except for complex RFIs or those that may have
cost impacts and previously discussed with OC San Resident Engineer, clarifying the
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requirements of the Contract Documents. CONSULTANT shall generate necessary sketches, figures, and modifications to the drawings for clarifications. When required to avoid schedule
delay or additional construction-related costs, the CONSULTANT shall expedite the review of time-sensitive RFIs.
If any changes to the Contract Drawings are required, the CONSULTANT shall prepare these
drawings and submit them as AutoCAD files to OC San. The CONSULTANT shall update all AutoCAD drawings and specifications upon OC San acceptance of any changes resulting from RFIs and change orders.
All RFIs will be made available electronically (PDF) through PMWeb. See Section V - “Quantitative Assumptions” in this SOW for the estimated number of RFIs.
Task 4.5 – Contract Document Modifications and Design Changes
If the Contract Documents require modifications due to changed conditions, OC San requested changes, omissions, or design errors, the CONSULTANT shall prepare preliminary Request for Proposal (RFP) documents and forward them to OC San, as needed. OC San shall review the RFP and request the CONSULTANT to incorporate any changes. OC San will issue the change order documents in a formal RFP or Field Change Order (FCO) to the Contractor. CONSULTANT shall forward design calculations and other design backup documents as necessary to OC San.
Any Contract Document that requires changes shall be identified with date of change and reference (RFI number, RFP number, FCO number, etc.) shown on the document. Changes shown on drawings shall be clearly marked and “clouded” for accurate identification of the
scope of change by the Contractor and inspection staff. CONSULTANT shall maintain up-to-date Contract Documents. When a change is required on a Contract Drawing that has previously undergone a change, the updated drawing showing the previous change shall be used as the base document to identify new changes.
CONSULTANT shall submit complete change documentation to OC San for use in RFIs, RFPs, and FCOs. This change documentation shall a work summary, plan drawings, schematics, details, schedules, and specifications, as required.
CONSULTANT shall prepare cost estimates for the changes when requested by OC San.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
Task 4.6 – Construction Progress Meetings and Site Visits
Task 4.6.1 – Construction Progress Meetings and Site Visits
CONSULTANT shall attend weekly construction progress meetings. Attendance will be virtual for non-local staff. The scope shall include time for meeting preparation, travel time, follow-up, and review of meeting minutes. Progress meeting minutes will be prepared by OC San.
CONSULTANT shall attend or be available by phone for one-hour pre-construction weekly progress meetings. These meetings will be covered by the on-site design engineer.
CONSULTANT shall make field visits to assist in field problem resolution and design
clarification/verification to help resolve construction issues as they arise and as requested by OC San. When possible, field visits shall be scheduled on the same day as construction progress meetings. CONSULTANT shall report the nature of the field site visits, the problem
resolved, and identify staff requesting the site visit in the CONSULTANT’s monthly project
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report. OC San will provide project inspection, except as required in other sections of this SOW.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
Task 4.6.2 – On-Site Design Engineers
CONSULTANT shall assign two engineering staff who will be periodically located in the field office on-site (one from Black & Veatch and one from Brown and Caldwell). Each engineer will be located on-site, one day per week each on average, for a 48-month duration of the Project. The on-site staff will not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the CONSULTANT. See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
Task 4.7 – Contractor’s Baseline Schedule and Schedule Updates Review
The OC San will review the Contractor’s baseline construction schedule for compliance with the specified schedule submittal requirements. CONSULTANT shall review the Contractor’s baseline construction schedule to confirm that the work plan indicated in the baseline construction schedule is consistent with the specified sequencing constraints. CONSULTANT
shall assume three resubmittals of the Contractor’s baseline construction schedule for review and shall review as needed and requested by OC San up to ten Contractor’s schedule updates.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
Budget has not been allocated for in-person meetings related to this task.
Task 4.8 – Specialty Services
4.8.1 Geotechnical Engineering Services
The CONSULTANT shall provide field personnel to assist with quality control for geotechnical improvements and coordinate with Contractor/OC San in monitoring the implementation of cement deep soil mixing (CDSM) for the project and also be available for support to respond to differing site conditions (DSC) Requests for Clarification/Information/Claims. OC San will have primary responsibility for monitoring the construction work. The CONSULTANT shall assist in monitoring the work and compile a report of the data collected during the monitoring. The CONSULTANT shall be present on-site while CDSM work is taking place per the assumptions described below. The CONSULTANT shall perform the following activities:
• Monitor CDSM operations on a full-time basis (up to 8 hours per day) for up to 126 days over an 18-month period, based on the construction schedule developed by the project team.
• Monitor excavation and temporary shoring operations on a part-time basis during the demolition and construction phases of the project, as requested by OC San and Black & Veatch (up to 40 days total).
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• Perform CDSM lab strength testing off-site for quality assurance purposes. CONSULTANT will deliver one (1) set of eight (8) specimens per day of CDSM (1008
total tests) to the off-site laboratory for testing. CONSULTANT will also have samples of CDSM core tested for compressive strength. CONSULTANT has assumed that the Contractor will cast the test specimens from the same batch and at the same time they
cast their specimens for quality control testing, as required in the project specifications. It is also assumed that the Contractor will be responsible for field curing the specimens in accordance with the specifications.
• Prepare daily field reports documenting the construction progress and presenting the data collected during the day’s monitoring.
• At the end of the CDSM operations, review the CONTRACTOR’s final report documenting the CDSM process and quality control testing results.
• Provide assistance/technical consultation during CDSM and excavation/shoring activities, as requested by OC San. See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.2 Dewatering Support Services
The CONSULTANT shall provide personnel to coordinate with Contractor/OC San in
monitoring the dewatering work for the Project. CONSULTANT shall assist with quality control during well drilling, installation, development, and deconstruction for project wells. The CONSULTANT shall be present on-site to help observe well drilling, installation, development,
or deconstruction. OC San will have primary responsibility for monitoring the construction work. OC San will compile groundwater level and discharge data provided by the Contractor on a regular basis. The Consultant shall assess ongoing performance of the dewatering system and
provide opinion of operational effectiveness.
The CONSULTANT shall provide hydrogeologic services during the course of the project. Such services may include field observation and assessment of well performance issues through the use of a downhole camera, additional well development, and working with the Contractor to perform short-term pumping tests. See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.3 – Structural Engineering Services
CONSULTANT shall have the structural engineer of record or their designated designed professional conduct field visits and provide expert opinion in review of observation of the
structural work associated with the project. California Building Code requires the structural engineer of record to perform some structural inspections during construction.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.4 – Inspection and Factory Witnessed Testing
CONSULTANT shall perform offsite and onsite inspection and factory witnesses testing of the following system:
• Primary clarifiers covers
• Medium and low voltage switchgears
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• Large complex control panels (PLC and RIO panels for example).
• Medium voltage transformers
• MCCs
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours. 4.8.5 – Fire Protection Services
CONSULTANT shall secure the services of a fire protection engineer to provide construction support services for the fire protection systems.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours. 4.8.6 – Archaeological Monitoring
CONSULTANT shall secure the services of a qualified archeologist with experience in the area of Orange County/Santa Ana River Basin for the archeological observation and documentation during excavations.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
4.8.7 – Contractor Assistance
CONSULTANT shall secure the services of a qualified contractor to provide review and advice
on matters related to constructability issues pertaining to flow isolation and removing facilities from service. Attend meetings and workshops related to the items above.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
PHASE 5 – COMMISSIONING SERVICES
Task 5.1 – Commissioning Team Meetings
CONSULTANT shall attend Commissioning Team meetings at OC San’s request. Budget has been allocated for up to two, two-day in-person visits. All other meetings will be held virtually. The scope includes time for meeting preparation, follow-up, and review of meeting minutes. In addition, CONSULTANT shall attend to review the tracking spreadsheets prepared by the Commissioning Coordinator to document compliance with the requirements of specifications for pre-commissioning and commissioning activities.
Commissioning team meeting minutes will be prepared by the Contractor. CONSULTANT shall review and comment on meeting minutes.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
Task 5.2 – Personnel Training
CONSULTANT shall develop and conduct a training program for the Project. The training program will include both classroom and site orientation. The training plan shall be submitted for review 60 days prior to the start of the training. The CONSULTANT shall arrange and
coordinate with OC San’s Project Manager. Generally, each operations training topic will be no more than two hours in duration per training day, no more than twice a week, and at a minimum will be offered to each of the four operations shifts (two days and two nights). Operations day classes will be scheduled between 7:00 am and 3:30 pm. All night shift
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classes will be scheduled between 6:30 pm and 8:30 pm. Each topic will be delivered on both a Tuesday and a Thursday for the day shift, and on both a Monday and a Thursday for the
night shift. The intent of the training is to educate the Plant Operations staff based on the design and the recommended modes of operation. CONSULTANT provides an overview of the process and equipment and OC San provides an overview of the automation.
CONSULTANT shall develop a Training Plan to provide the training services based on the OC San’s master project schedule. All training except for On-the-Job (OTJ) training shall be completed prior to the Reliability Acceptance Test (RAT). The Training Plan shall be submitted for OC San’s approval as a report, which summarizes the training activities and provides a master training schedule. The training schedules shall include the following: a detailed outline of the class content, discipline(s) to receive the training, instructor’s qualifications, and approximate time estimated for each subject covered. CONSULTANT shall provide training for the following area:
• Plant Water Pump Station Strainers - Interim operation
• Temporary Bleach Station- Interim operation
• Electrical Distribution (incorporated into individual system trainings)
• Odor Control (APSC)
APSC (Startup, Shutdown, Routine Operation) APSC Caustic Feed System - Startup, Shutdown, Routine Operation APSC Bleach Feed System - Startup, Shutdown, Routine Operation
APSC Acid Feed System - Startup, Shutdown, Routine Operation APSC Adjusting APSC Makeup Water APSC Collection Fans - Startup, Shutdown, Routine Operation
APSC Recirculation Pumps - Startup, Shutdown, Routine Operation, APSC Sampling Gas Monitoring System Scrubber Cleaning
• Primary Clarification
Primary Clarifiers - Startup, Shutdown, Routine Operation
Scum Removal- Startup, Shutdown, Routine Operation Primary Scum Recycle Pumping - Startup, Shutdown, Routine Operation Primary Sludge Pumping - Startup, Shutdown, Routine Operation
Primary Clarifiers - Backflush Grinder Primary Clarifiers - Measuring a PC Sludge Blanket Primary Clarifiers – Weir Washing
Primary Clarifiers – Tank Draining
Task 5.3 – Equipment and Instrument Database (EID) CONSULTANT shall review electronic copies of the EID updated by the Contractor and shall update and verify the fields in the EID required to be filled out in accordance with Specifications Section 01788. The EID shall be completed and submitted to OC San as equipment is taken over for beneficial occupancy. See Section V- “Quantitative Assumptions” in this SOW for the estimated number of hours.
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Task 5.4 – Commissioning Support
CONSULTANT shall provide assistance to OC San during the startup. CONSULTANT review the Functional Acceptance Test (FAT) and RAT procedures that are issued in the Contract Documents or updated by OC San commissioning team and CONTRACTOR. OC San
commissioning team will take the lead in implementing changes as necessary to reflect additional information obtained during the construction process, including specific equipment operating parameters and configuration.
CONSULTANT shall assist with the FAT and RAT testing’s and review the testing documentation to determine any deviations from the prepared procedures, failures, and anomalies during the testing and report any activities negatively impacting the operation of the treatment facilities to OC San as needed. CONSULTANT shall assist OC San with to confirm that the new facilities, modifications, and upgrades constructed and installed meet the project’s process and performance design expectations. Witness of electrical testing including switchgear function testing, review of ETAP or protective device settings and participation in Operational Readiness Test (ORT) and FATs are not part of this SOW.
See Section V - “Quantitative Assumptions” in this SOW for the estimated number of hours.
Task 5.5 – Operations Manual and Procedures (OMaP)
OC San maintains an on-line OMaP for the plant operations staff to provide information
necessary to operate and maintain plant facilities. Specific requirements and standards for OMaP are provided in Exhibit A and Exhibit B.
Plant operations staff does not perform maintenance work and so typically treatment plant
maintenance procedures are not included in the OMaP. Maintenance procedures are included in the Equipment Service Manuals prepared by the Contractor.
CONSULTANT shall review and update the existing Plant No. 2 Primary Clarification OMaP which describes the functionality of the system based on the control strategies, system and device features, and drawings. All features of the system shall be described for normal equipment operation, fail-over equipment operation, and emergency equipment operation.
CONSULTANT shall review the existing manual and procedures and revise them accordingly.
• Headworks
• Primary Clarification
• Odor Control
• Activated Sludge
• Disinfection
• Electrical Distribution
• Natural Gas Water System
• Plant Air
Following commissioning, the CONSULTANT shall address, resolve, and/or incorporate any comments, additions, or change to the OMaP discovered during commissioning requiring revision and then resubmit for review and approval by OC San. A draft OMaP shall be submitted prior to FAT and the final immediately after beneficial occupancy of each facility. Allow for one additional revision.
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As part of the OMaP effort, the CONSULTANT shall develop Standard Operating Procedures (SOPs) for the following process units and upgraded system conditions. CONSULTANT shall
present the finalized SOPs to OC San Operations staff prior to RATs. During the RAT process, SOPs might be modified based on comments from OC San. A Draft SOPs shall be submitted prior to ORT. Final SOPs review and updates shall be incorporated with the review and
updates of the final OMaP.
• Primary Clarification
Primary Clarifiers - Startup, Shutdown, Routine Operation and sampling Scum Removal- Startup, Shutdown, Routine Operation Primary Scum Recycle Pumping - Startup, Shutdown, Routine Operation Primary Sludge Pumping - Startup, Shutdown, Routine Operation Primary Clarifiers - Backflush Grinder Primary Clarifiers - Measuring a PC Sludge Blanket Primary Clarifiers – Weir Washing Primary Clarifiers – Tank Draining
• Odor Control (APSC)
APSC (Startup, Shutdown, Routine Operation) APSC Caustic Feed System - Startup, Shutdown, Routine Operation
APSC Bleach Feed System - Startup, Shutdown, Routine Operation APSC Acid Feed System - Startup, Shutdown, Routine Operation APSC Adjusting APSC Makeup Water APSC Collection Fans - Startup, Shutdown, Routine Operation APSC Recirculation Pumps - Startup, Shutdown, Routine Operation, APSC Sampling Gas Monitoring System Scrubber Cleaning
• Plant Water Pump Station- Interim operation
• Temporary Bleach station- Interim operation
PHASE 6 – CLOSEOUT
Closeout tasks include completion of punch list work by the Contractor, final inspection,
completion of Record Drawings, and electronic data. CONSULTANT shall submit a final invoice at the completion of the project.
Task 6.1 – Final Inspection and Punch Lists
CONSULTANT’s technical leads shall attend the final inspection job walks with the Contractor and OC San staff. CONSULTANT shall make recommendations on the completion of the work including, but not limited to, completion of punch list items, site cleanup, leakage, and overall
system operations. The final inspection will be prior to OC San beneficial occupancy.
CONSULTANT shall assist OC San in developing punch lists of items required to be completed prior to Final Acceptance of the project by OC San.
Task 6.2 – Record Drawings
As part of the time budgeted for the on-site design engineers, the CONSULTANT shall attend preliminary as-built meetings with OC San and the Contractor and shall inspect the
SCOPE OF WORK Project No. P2-98A PCSA Page 14 of 17
Contractor’s as-built drawings to verify that the Contractor has included relevant information from approved change orders and RFIs. As part of the review process, the CONSULTANT
shall verify that the Contractor’s as-built drawings correctly reflects the information included in the approved shop drawings, RFIs, approved FCOs, plan clarifications, plan changes, and other deviations from the Contract Drawings and that the information in the set is complete.
CONSULTANT shall transpose the as-built drawings to a CAD ready set after each meeting.
At the time that OC San take beneficial of occupancy of each facility, CONSULTANT shall provide CAD as-built drawings of Single-Line and PI&D.
After Final Completion of the project, OC San will transmit to the CONSULTANT the final as-built drawings. At that time, the CONSULTANT shall meet with OC San’s inspectors and Resident Engineer to review the Contractor’s final as-built drawings.
CONSULTANT shall prepare Draft Record Drawings based on the final as-built drawings for all drawings in accordance with the requirements in the CAD Manual. CONSULTANT shall submit the Draft Record Drawings to the OC San Resident Engineer.
The Draft Record Drawings will be reviewed for content and CAD compliance by OC San staff. A comment log will be returned to the CONSULTANT and, if any comments are generated, the CONSULTANT shall revise the Record Drawings and resubmit to the Resident Engineer for review of the changes and acceptance of the Record Drawings. CAD compliance will be limited to the requirements established during the design phase for conversion of BIM drawing
files to other file formats.
When no additional comments are identified, the CONSULTANT shall prepare the Final Record Drawings and submit them along with the Contractor’s as-built drawings to the Project
Manager. All Record Drawings shall contain a stamp indicating:
The stamp shall optimally be placed in the bottom right-hand corner of the border and may be included via x-ref. If importing the stamp via x-ref interferes with content in the bottom right hand corner, the stamp may also be placed in other open space along the bottom of the
border. In addition, a note shall be placed over the engineer’s seal stating that “This drawing was originally approved for construction by [name of engineer] on [date] and sealed by [name of engineer] a licensed professional engineer in the State of California. License No. [License number]. “CONSULTANT shall submit an electronic copy of the Record Drawings to OC San for review and acceptance. The acceptance of the Record Drawings shall be deemed a condition for completion of work.
The Contractor-generated drawings described in the Design Guidelines and the shop drawings will not be updated by the CONSULTANT.
The format and quantities for delivery of the submittals shall be listed below:
Contents Draft Record Drawings Final Record Drawings
Hard Copy Sets 2 sets of bound 11x17 prints None
“Record Drawings
These record drawings have been prepared based on information provided by others. The Engineer has not verified the accuracy of this information and shall not be responsible for any errors or omissions which may be herein as a result.”
SCOPE OF WORK Project No. P2-98A PCSA Page 15 of 17
All related electronic files,
including CAD and compiled PDFs
Transmit electronically via
OneDrive
Transmit electronically via
OneDrive
IV. STAFF ASSISTANCE
The OC San staff member or designee assigned to work with the CONSULTANT on the construction phase of this project is Shahrzad Namini at (714) 593-7495, e-mail to: snamini@ocsd.com
V. QUANTITATIVE ASSUMPTIONS The assumptions listed in the following table below shall be the basis for the assumed level of effort.
SCOPE OF WORK Project No. P2-98A PCSA Page 16 of 17
Task Description Assumption
4.1 Project Management 3,054 hours
76 months duration from construction NTP to construction completion
4.2 Initial Project Meetings 318 hours
4.3 Submittals 11,578 hours
759 original submittals
569 resubmittals
4.4 Requests for Information 3,677 hours
670 RFIs
4.5 Design Changes 1,583 hours
4.5 Cost Estimating for Design Changes 400 hours
4.6.1 Construction Progress Meetings & Site Visits (not including meetings specified
in Task 4.2)
2,288 hours for site visits and progress meeting, including 240 progress meetings @ 1 hour each
4.6.2 On-Site Design Engineers 3,000 hours (equivalent to 2 people, approx. 8 hours/week each during 4-year active construction)
4.7 Contractor’s Baseline Construction Schedule Review
124 hours
4.8.1 Geotechnical Engineering Support 2,182 hours
4.8.2 Dewatering Support Services 1,800 hours total, including 76 hours for management and coordination. See breakdown below.
4.8.2.1 Dewatering/observation well install observation 290 hours. Assumes 4 weeks, 3 mobilizations.
4.8.2.2 Assess well performance 180 hours. Assumes 2, 1-week field efforts.
4.8.2.3 Dewatering well rehabilitation 172 hours. Assumes 2, 1-week field efforts.
4.8.2.4 Dewatering System Performance Assessment 388 hours. Assumes 2, 10-week efforts.
4.8.2.5 Hydrogeologic oversight and consultation 520 hours. Assumes 2 hours/week for 200 weeks.
SCOPE OF WORK Project No. P2-98A PCSA Page 17 of 17
4.8.2.6 Well deconstruction
observation
174 hours. Assumes 3, 1-week field
efforts.
4.8.3 Structural Engineering Services 374 hours for on-site visits and off-site inspections
4.8.4 Inspection and Factory Witnessed Testing 244 hours for site and off-site visits
4.8.5 Fire protection Services 142 hours
4.8.6 Archeological Monitoring 276 hours
4.8.7 Contractor Assistance 108 hours
5.1 Commissioning Team Meetings 266 hours
5.2 Personnel Training 558 hours
5.3 Equipment and Instrument Database 108 hours
5.4 Commissioning Support 1,016 hours
5.5 Operations Manual and Procedures (OMaP)
1,435 hours
6.1 Final Inspection and Punch
Lists
256 hours
6.2 Record Drawings 3,547 hours
4/28/2021
1
A‐Side Primary Clarifiers
Replacement at Plant No. 2
Contract No. P2‐98A
Presented by:
Jeff Mohr
Engineering
Manager
Operations
Committee
May 5, 2021
Consultant Services Award
• July 2016: Black & Veatch
Corporation selected for
design in a qualifications-
based competition
• Continuation of services
during construction
referenced in agreement.
Professional Construction Services
2
1
2
~--.. ·-
~?erstanding and Approach
_,
4/28/2021
2
Professional Construction Services
3
Services to be provided as needed (time and material)
• Shop drawing submittal review
• Requests for Information (RFIs)
• Change Order assistance
• Geotechnical and dewatering inspection
• Startup assistance, training, operating procedures
• Record drawings
• Multiple meetings held with Consultant
• Clarified assumptions
• Ensured scope, estimated quantities for requests for support and
record drawings are appropriate
Professional Construction Services ‐Negotiation
Original Proposal Negotiated
Total Hours 54,141 38,334
Total Fee $11,586,462 $8,400,000
Percentage of
Construction 10.4% 7.5%
4
3
4
4/28/2021
3
Recommend to the Board of Directors to:
• Approve a Professional Construction Services Agreement with Black & Veatch Corporation to provide construction support services for A-Side Primary Clarifiers Replacement at Plant No. 2, Contract No. P2-98A, for an amount not to exceed $8,400,000; and
• Approve a contingency of $840,000 (10%).
Recommended Action
5
Questions
?
6
5
6
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1530 Agenda Date:5/5/2021 Agenda Item No:15.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT NO. 2, CONTRACT NO. P2-98A
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for A-Side Primary Clarifiers
Replacement at Plant No. 2, Project No. P2-98A;
B. Award a Construction Contract to PCL Construction, Inc. for A-Side Primary Clarifiers
Replacement at Plant No. 2, Contract No. P2-98A, for an amount not to exceed $111,405,880;
and
C. Approve a contingency of $6,684,353 (6%).
BACKGROUND
The primary treatment process removes solids from screened wastewater upstream of biological
treatment and is an essential part of the wastewater treatment process. This treatment is done in
large concrete structures called primary clarifiers. The wastewater in the primary clarifiers emits
detectable concentrations of hydrogen sulfide and other odorants, so the Orange County Sanitation
District (OC San) covers all primary clarifiers and ventilates them to a foul air treatment system. The
hydrogen sulfide in the foul air also creates conditions corrosive to both concrete and steel.
The primary treatment facilities at Plant No. 2 consist of fourteen 140-foot diameter circular clarifiers
built between 1960 and 1985 with associated piping, distribution structures, sludge pumping, odor
control, and power distribution. The clarifiers are divided into three groups referred to as the A-Side,
consisting of four clarifiers, and the B-Side and C-Side, consisting of five clarifiers each. Each
clarifier is covered with an aluminum geodesic dome connected to a foul air odor control system.
The North Scrubber Complex treats foul air from the B-Side and C-Side clarifiers, and the South
Scrubber Complex treats the foul air from the A-Side clarifiers.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsible bidder
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1530 Agenda Date:5/5/2021 Agenda Item No:15.
·24/7/365 treatment plant reliability
·Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
PROBLEM
In January 2016,OC San staff completed a detailed study of the conditions and rehabilitation
requirements for the primary treatment facilities at Plant No.2.The study concluded that the A-Side
clarifiers could not be effectively rehabilitated due to structural deficiencies and severe corrosion.
The South Scrubber Complex,which treats foul air from those clarifiers,is also at the end of its useful
life.
PROPOSED SOLUTION
Award a Construction Contract for A-Side Primary Clarifiers Replacement at Plant No.2,Contract
No.P2-98A.This project will construct four new primary clarifiers,a new odor control and chemical
facility,a new electrical distribution center,and ancillary utilities and facilities.After the new facilities
are completed,the project will also demolish the four old primary clarifiers,a power building,and an
air treatment facility.
TIMING CONCERNS
Until the primary clarifiers are replaced,existing structural and mechanical system deficiencies could
require frequent and costly maintenance.
RAMIFICATIONS OF NOT TAKING ACTION
The primary treatment system at Plant No.2 is aging and becoming less reliable.Due to the time
required to replace the treatment facilities, it is important that the work be initiated at this time.
ADDITIONAL INFORMATION
The 2016 study also concluded that the B-Side and C-Side clarifiers would need an extensive
rehabilitation,but that project could be postponed by 10 to 15 years by performing an interim
rehabilitation project to address specific conditions such as coatings,concrete repair,and some
pipeline relining.B/C-Side Primary Clarifiers Interim Repair at Plant No.2,Contract No.P2-98B,is
expected to complete construction in July 2021.This will allow the extensive rehabilitation project to
be deferred until 2031.
Bid Procurement
OC San staff has long been concerned about the limited number of bidders on such a large and long-
duration project.Staff has posted the project for two years on its upcoming construction
opportunities list and has promoted it with general contractors at construction outreach events.To
avoid competition for bidders among its own projects,staff postponed advertisements of this project
until shortly before bids were opened on the Headworks Rehabilitation at Plant No.1,Project No.P1-
105.
In addition to site videos,photographs,and drone-footage of virtually all facilities provided to
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File #:2021-1530 Agenda Date:5/5/2021 Agenda Item No:15.
In addition to site videos,photographs,and drone-footage of virtually all facilities provided to
interested bidders,staff arranged a series of COVID-19 compliant site walks to further help bidders
understand the facilities, access constraints, and other factors that might affect the final bids.
OC San advertised for bids on January 13,2021 with bids scheduled to be received on March 16,
2021.One potential bidder requested a one-week delay in bid opening.In response,staff conducted
a survey of the eligible potential bidders which suggested six contractors planned to submit bids,and
that only the one prime bidder was requesting an extension.Based on that survey,staff chose not to
change the bid date.
On March 16, 2021, three sealed bids were received. A summary of the bids follows:
Engineer’s Estimate $ 129,000,000
Bidder Amount of Bid
PCL Construction, Inc.$ 111,405,880
Kiewit Infrastructure West Co.$ 112,849,000
J.F. Shea Construction, Inc.$ 119,360,000
The bids were evaluated in accordance with OC San policies and procedures.A notice was sent to
all bidders on March 31,2021 informing them of the intent of OC San to recommend award of the
construction contract to PCL Construction, Inc.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder,PCL Construction,Inc.,for A-Side Primary Clarifiers Replacement at Plant No.2,Contract
No. P2-98A, for a total amount not to exceed $111,405,880.
CEQA
This project is exempt from CEQA under the Class 2 categorical exemptions set forth in California
Code of Regulations sections 15302.This is 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
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 82,Primary Treatment Rehabilitation at Plant No.2,
Project No. P2-98) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
·Presentation
SN:dm:gc
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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 ...................................................... 23
SECTION – 18 TERMINATION ............................................................................... 23
SECTION – 19 WARRANTY ................................................................................... 23
SECTION – 20 ASSIGNMENT ................................................................................ 24
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 24
SECTION – 22 SAFETY & HEALTH ....................................................................... 25
SECTION – 23 NOTICES ....................................................................................... 25
C-CA-103020 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 1 of 26
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
CONTRACT NO. P2-98A
A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
THIS AGREEMENT is made and entered into, to be effective, this May 26, 2021, by and
between PCL Construction, 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 2 of 26
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
C-CA-103020 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 3 of 26
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 4 of 26
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by 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:
CONTRACT NO. P2-98A
A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
C-CA-103020 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 5 of 26
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
CONTRACT NO. P2-98A
A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 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 thousand nine hundred forty-four (1,944) 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 fifty (50) calendar days determined by
OCSD likely to be inclement weather when CONTRACTOR will be unable to work.
In addition, CONTRACTOR shall accomplish such milestones within the periods of performance
set forth in Appendix A of the Special Provisions entitled “Work Completion Schedule.”
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
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
C-CA-103020 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 6 of 26
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 7 of 26
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 Eleven Million Four Hundred Five
Thousand Eight Hundred Eighty Dollars ($111,405,880) as itemized on the Attached Exhibit
“A”.
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Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as 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.
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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.”
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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
agrees that not less than said prevailing rates shall be paid to workers employed on this
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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
required or permitted to labor more than eight (8) hours in any one calendar day and forty
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(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
Bonds required to be submitted relating to this Contract must comply with California Code of
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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 Completion. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
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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.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OCSD in connection with the planning, development and construction of the Project. In
all its insurance coverages (except for Professional Liability/Errors and Omissions coverages, if
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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. 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: Ten Million Dollars ($10,000,000) per occurrence and a general
aggregate limit of Ten Million Dollars ($10,000,000) 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 Ten Million Dollars
($10,000,000) per occurrence and a general aggregate limit of Ten Million
Dollars ($10,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
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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.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of Five Million Dollars ($5,000,000) for bodily injury,
personal injury and property damage;
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Or alternatively, (2) One Million Dollars ($1,000,000) per person for bodily injury, Two
Million Dollars ($2,000,000) per accident for bodily injury, and Two Million Dollars
($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
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.
6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least Five Million
Dollars ($5,000,000) per claim and aggregate and shall apply to sudden and non-
sudden pollution conditions (including sewage spills), both at the site or needed due
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to migration of pollutants from the site, resulting from the escape or release of
smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste
materials, or other irritants, contaminants or pollutants.
If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the
right to approve or reject such coverage in its own discretion. If written on a claims-
made basis, the CONTRACTOR warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this Contract, and that
continuous coverage will be maintained, or an extended discovery period will be
exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
7. Errors and Omissions/Professional Liability Insurance: CONTRACTOR shall
maintain in full force and effect, throughout the term of this Contract, standard
industry form professional liability / errors and omissions insurance coverage with
coverage limits of not less than Two Million Dollars ($2,000,000) per claim and
aggregate, 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 Contract, and for a period of five
(5) years from the date of the completion of the Work hereunder.
In the event of termination of said policy during this period, CONTRACTOR shall
obtain continuing insurance coverage for the prior acts or omissions of
CONTRACTOR during the course of performing Work under the terms of this
Contract. 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.
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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 Contract or
until completion of the Work provided for in this Contract, 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 or omissions of CONTRACTOR
during the course of performing Work under the terms of this Contract.
CONTRACTOR shall provide to the OCSD a certificate of insurance in a form
acceptable to the OCSD 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.
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 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
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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
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.
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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
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
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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)
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
5. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
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OCSD, its directors, officers, agents, CONSULTANTS and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 11 85 or alternatively in both
CG 20 10 10 01 and CG 20 37 10 01 together.
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep 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
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.
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The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Completion 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.
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
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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 Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200
Costa Mesa, California 92626 TO CONTRACTOR: PCL Construction, Inc. 3750 Schaufele Avenue, Suite 270 Long Beach, CA 90808 Copy to: Mike McKinney, President PCL Construction, Inc. 3750 Schaufele Avenue, Suite 270 Long Beach, CA 90808
C-CA-103020 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 26 of 26
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: PCL Construction, Inc.
3750 Schaufele Avenue, Suite 270
Long Beach, CA 90808
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 913592 (Expiration Date – 04/30/2022)
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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 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 CONTRACT NO. P2-98A A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2 CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: PCL Construction, Inc. BF-14 SCHEDULE OF PRICES, Pages 1 - 2
Bid Submitted By: Pu Cdrl!.11Wl11f>AJ, 1NC.
(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
detenmine 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 provide all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
All Work in the Contract Documents shall be included in Base Bid Items.
Bidders shall accurately reflect the cost to perform the Work. OCSD may reject unbalanced
Bids. Refer to Part 2 -INSTRUCTIONS TO BIDDERS.
BF-14 SCHEDULE OF PRICES C-BF-010521
CONTRACT NO. P2-9BA
A-SIDE PRIMARY CLARIFIER$ REPLACEMENT AT PLANT 2
Page 1 of 2
Bid Submitted By: PCL co111s'ft2.vc-r,01<1, 1NC.
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item
No.
1.
2.
3.
4.
5.
Description
Mobilization: As described in Division 01, Section 01155 and in
conformance with the Contract Documents for the lump sum price of ...
Shoring and Bracing: Provide all labor, equipment and materials
necessary to provide sheeting, shoring and bracing for protection of life and
limb in trenches, open excavations and confined spaces, and as described
in Division 01, Section 01155 and in conformance with the Contract
Documents for the lump sum price of ...
Permits: Fees for all permits as described in Division 01, Section 01155
and in conformance with the Contract Documents for an allowance of ...
All Other Portions of the Work: Except the Work of Item Nos. 1 through 3
and 5, as described in Division 01, Section 01155 and in conformance with
the Contract Documents for the lump sum price of ...
Demobilization: Including final progress payment, clean-up and restoration
of the project site, and as described in Division 01, Section 01155 and in
conformance with the Contracto Documents for a lump sum price of ...
Unit of Approx
Measurement Qty Extended Price
Lump Sum 1 = $6.000,000
Lump Sum 1 = $ l)ooo,ooo
Allowance 1 = $20,000
Lump Sum 1 = $ ;o~ 3ss; s&i
Lump Sum 1 = $1.000,000
TOTAL AMOUNT OF BID (BASIS OF AWARD) $ II L t../05 880
BF-14 SCHEDULE OF PRICES
Page 2 of2
---· . ------" ------
'
C-BF-010521
CONTRACT NO. P2-9BA
A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT 2
4/28/2021
1
Presented by:
Jeff Mohr
Engineering
Manager
Operations
Committee
May 5, 2021
A‐Side Primary Clarifiers Replacement
at Plant No. 2
Contract No. P2‐98A
Construction Contract Award
Plant No. 2 ‐Project Site Plan
Operations Center
Primary Clarifier
Complex
2
1
2
4/28/2021
2
EffluentInfluent
Preliminary Treatment Primary Treatment SecondaryTreatment
Primary Treatment ‐Clarifiers
3
21 feet
140 feet
Existing Clarifier Mechanism
4
3
4
4/28/2021
3
Primary Treatment Rehabilitation
A‐SIDEB‐SIDE
C‐SIDE
P2-98A Replace four
A-Side Clarifiers
P2-98B: Interim repairs
for B- & C-Sides
(Construction Complete
June 2021)
P2-98C (now P2-133):
Major Rehab for B- & C-
Sides (Construction Start
2031)
5
A‐Side Primary Clarifiers Require Replacement
6
Built between
1960‐1963
5
6
4/28/2021
4
P2‐98A Project Elements
4 New Clarifiers
Demolish Existing
A‐Side ClarifiersNew Distribution
Center
New Odor
Control
2 New Sludge
Pump Stations
7
Construction Duration:
~ 5‐1/2 years
8
Improvements
Flat Covers
Improved Pump Station Maintainability
Upgraded Odor Control
More Resilient Power Distribution
7
8
4/28/2021
5
Risk Management Process
9
57 project‐
specific risks
identified
Identify
•Accept
•Avoid•Mitigate•Transfer
Analyze
•Strategies•Action Plans
Develop
Response
•Monitoring
•Reporting
Control
10
Construction Dewatering Risk
• Construction delays
• Extended overhead costs
• More wells needed, higher costs
• Potential structural damage
Design Phase Responses
• Learn lessons from Plant 2 projects
• Performed dewatering study
• Specified stringent dewatering reqmts
Construction Phase Responses
• Geotech inspection of dewatering wells
• Weekly review of dewatering performance
• Review sampling data for biofouling
• Scope for as-needed support
Installation of dewatering well
9
10
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4/28/2021
6
Work Sequence and Shutdowns Risk
11
• Safety impacts
• Operational impacts
• Spills, permit violations
• Construction delays
• Change orders
Design Phase Responses
• Extensively tracked interdependencies
• Planned shutdowns in detail
• 40 shutdowns itemized
• 200 utility tie-ins
• Specified detailed work sequence
Construction Phase Responses
• Require 60-day shutdown notices
• Dedicated shutdown coordinators:
• Engineering, O&M, Contractor
Example of Work Sequence
Bid Results
Bidder Amount of Bid
Engineer’s Estimate $129,000,000
PCL Construction, Inc.$111,405,880
Kiewit Infrastructure West Co. $112,849,000
J.F. Shea Construction, Inc. $119,360,000
12
11
12
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4/28/2021
7
13
Construction Contingency
Construction Cost $111,405,880
Contingency $6,684,353
% of Construction Cost 6%
Recommended Action
Recommend to the Board of Directors to:
• Receive and file Bid Tabulation and Recommendation for A-Side Primary Clarifiers Replacement at Plant No. 2, Contract No. P2-98A;
• Award a Construction Contract to PCL Construction, Inc. for A-Side Primary Clarifiers Replacement at Plant No. 2, Contract No. P2-98A, for a total amount not to exceed $111,405,880; and
• Approve a contingency of $6,684,353 (6%).
14
13
14
4/28/2021
8
Questions
?
15
15
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1406 Agenda Date:5/5/2021 Agenda Item No:16.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
CAPITAL IMPROVEMENT PROGRAM PROPOSED BUDGET FOR FY2021-22
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Staff will present the proposed Capital Improvement Program (CIP) Budget to be included in the
upcoming Fiscal Year 2021-22 budget book update.
RELEVANT STANDARDS
·Protect OC San assets
·Ensure the public’s money is wisely spent
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Presentation
AN:sa
Orange County Sanitation District Printed on 4/28/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
4/28/2021
1
Capital Improvement Program (CIP)
FY 2021‐22 Budget Update
Presented by:
Eros Yong
Engineering
Manager
Operations
Committee
May 5, 2021
Board Presentations:
February – Budget Assumptions
March – Revenue, Reserves, Insurance Overview
April – Operational Expenditures
May – Capital Improvement Program
June – Board adopts FY 2021-22 Budget Update
FY 2021‐22 Budget Update
2
1
2
4/28/2021
2
3
FY 2020‐21 –Full Steam Ahead!
32
484 M
FY 2020‐21 CIP Performance
Performance Measure Goal
Performance
Projection
Net CIP Outlay 85% ‐105%
($125M‐$155M)
104%
($154M)
Non‐Construction Cost
(% of Construction Costs)< 37.5%35.6%
Cumulative Change Order Rate < 5%5.8%
4
3
4
s222,4os,ooo
$l11,41S,730
$102,545,000
$17,775,000
$5,143,000
$4,777,000
$4,500,000
$3,149,537
$1,830,000
$1,562,000
$1,494,000
$1,134,000
S1,024,000
$650,000
$515,000
$466,830
$438,800
$298,850
$297,000
$256,790
$230,000
$228,000
$226,620
S210,ooo
$209,6()()
Sl84,000
$150,0()()
$129,721
s108,000
S102,ooo
Sss,2s3
Ss1.2so
4/28/2021
3
0
50
100
150
200
250
300
350
400
Mi
l
l
i
o
n
s
Projected FY 2021‐22 Proposed Net CIP Outlay FY2020‐21 Approved Net CIP Outlay
Ref: FY 2021‐22 Budget, Appendix A 5
10‐Year Net CIP Outlay: $2.97B
0
50
100
150
200
250
300
350
400
Mil
l
i
o
n
s
Projected FY 2021‐22 Proposed Net CIP Outlay FY2020‐21 Approved Net CIP Outlay
Ref: FY 2021‐22 Budget, Appendix A
$123M Increase (4%) Over 10 Years
6
10‐Year Net CIP Outlay: $2.97B
No Change to Rate Projections
5
6
--.....
--.....
4/28/2021
4
7
Total CIP Budget Authority
Ref: FY 2021‐22 Budget, Appendix A
Net Change $70 million
Total CIP Budget Authority Budget
FY 21‐22 Proposed Total CIP Budget Authority $4.249 billion
FY 20‐21 Approved Total CIP Budget Authority $4.179 billion
Net Change $70 million (1.7%)
8
Total CIP Budget Authority
Ref: FY 2021‐22 Budget, Appendix A
Net Change $70 million
Proposed New Projects $294 million
Proposed Project Budget Increases $160 million
Proposed Projects Budget Decreases ‐$117 million
Proposed Project Cancellations/Closures ‐$262 million
Capital Equipment Purchases ‐$5.3 million
$454M
‐$384M
7
8
} ,r
4/28/2021
5
9
New Projects
Ref: FY 2021‐22 Budget, Appendix A
Project
No.Project Name Proposed
Budget Start Date
6‐20 Fairview Trunk Rehabilitation $17 M 2021
P1‐140 Activated Sludge‐1 and Secondary Clarifier Rehabilitation $140 M 2022
P2‐139 Emergency Overflow Wingwalls Rehabilitation at Plant No. 2$4 M 2022
P1‐139 Standby Generator Feeders for Plant No. 1 Secondary
Systems $3 M 2023
10
Top Budget Increases
Ref: FY 2021‐22 Budget, Appendix A
Project
No.Project Name Budget
Increase
Proposed
Budget Phase
3‐68 Los Alamitos Sub‐Trunk Extension $33 M $117 M Future
P1‐138 Industrial Control System and IT Data Center Relocation at Plant
No. 1 $10 M $13 M Future
11‐34 Slater Pump Station Rehabilitation $4.4 M $31 M Future
11‐33 Edinger Pump Station Replacement $3.3 M $14 M Future
P1‐136 12.47 kV Switchgear Replacement at Central Generation at Plant
No. 1 $2.2 M $17 M Future
P1‐126 Primary Sedimentation Basins No. 3‐5 Replacement at Plant No. 1 $9.3 M $127 MProjDevelop
J‐120 Process Control Systems Upgrades $4.0 M $37 MProjDevelop
7‐68 MacArthur Force Main Improvements $1.0 M $3.5 MProj Develop
7‐65 Gisler ‐Red Hill Interceptor Rehabilitation $18 M $39 MPre‐Design
J‐135 Central Generation Engine Overhauls at Plant No. 1 and 2 $18 M $44 MPre‐Design
2‐49 Taft Branch Improvements $2.8 M $17 MPre‐Design
3‐67 Seal Beach Pump Station Replacement $8.1 M $87 MDesign
P1‐133 Primary Sedimentation Basins No. 6‐31 Reliability Improvements
at Plant No. 1 $3.9 M $14 MDesign
3‐64 Rehabilitation of Western Regional Sewers $12 M $82 MDesign/Bid
7‐66 Sunflower and Red Hill Interceptor Repairs $2.3 M$7 MDesign/Bid
SP‐100 EAM Software and Process Implementation $1.7 M $9.2 M Construction
M‐FE Small Construction Projects Program $25 M $90 MAll
9
10
4/28/2021
6
Ref: FY 2021‐22 Budget, Appendix A
Project
No.Project Name Budget
Decrease
Proposed
Budget Phase
2‐73 Yorba Linda Pumping Station Removal and Dosing Station
Installation ‐$3 M $11 M Future
7‐64 Main Street Pump Station Rehabilitation ‐$2 M $37 M Future
J‐136 Power Building Structural Seismic Improvements at Plant No. 1
and 2 ‐$2 M$5 M Future
P1‐105 Headworks Rehabilitation at Plant 1 ‐$66 M $340 M Construction
P2‐98 Primary Treatment Rehabilitation at Plant No. 2 ‐$42 M $195 M Construction
P2‐123 Return Activated Sludge Piping Replacement at Plant 2 ‐$0.8 M $10 M Construction
P1‐129 Return Activated Sludge Piping Replacement at Activated Sludge
Plant No. 1 ‐$1 M$9 MClose Out
11
Top Budget Decreases
12
Project Closures
Ref: FY 2021‐22 Budget, Appendix A
Project
No.Project Name
Current
Approved
Budget
Unused
Budget Status
2‐41‐8SARI Rock Stabilizers Removal $5 M$1 MClosed
2‐65 Newhope ‐Placentia Trunk Grade Separation Replacement $4 M $0.1 MClosed
6‐17 District 6 Trunk Sewer Relief $7 M $0.1 MClosed
P1‐101 Sludge Dewatering and Odor Control at Plant 1 $197 M $0.7 MClosed
P1‐115 Title 24 Access Compliance and Building Rehabilitation
Project $18 M $0.6 MClosed
P2‐110 Consolidated Demolition and Utility Improvements at Plant 2 $30 M $0.5 MClosed
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Projected FY 2021‐22 Proposed Net CIP Outlay FY2020‐21 Approved Net CIP Outlay
Ref: FY 2021‐22 Budget, Appendix A 13
10‐Year Net CIP Outlay: $2.97B
0
50
100
150
200
250
300
350
400
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Projected FY 2021‐22 Proposed Net CIP Outlay FY2020‐21 Approved Net CIP Outlay
Ref: FY 2021‐22 Budget, Appendix A 14
10‐Year Net CIP Outlay: $2.97B
$222 million
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14
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4/28/2021
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15
Projected FY 2021-22 Net CIP Outlay
$222 million
Planning
7%
Design
34%
Construction
59%
Rehabilitation and
Replacement
66%
Strategic
Initiatives
29%
Additional Capacity
4%
Regulatory
1%
Ref: FY 2021‐22 Budget, Appendix A
0
50
100
150
200
250
300
350
400
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20‐Year Net CIP Outlay: $5.8 Billion
Ref: FY 2021‐22 Budget, Appendix A
10‐Year CIP
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4/28/2021
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200
250
300
350
400
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17
20‐Year Net CIP Outlay: $5.8 Billion
Ref: FY 2021‐22 Budget, Appendix A
10‐Year CIP
Questions
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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.