HomeMy WebLinkAbout09-01-2021 Operations Committee Meeting Complete Agenda Packet (1)
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. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which
continues the suspension of portions of the Brown Act which addresses the conduct of public meetings through September 30, 2021. 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@ocsan.gov 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, August 31, 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
August 25, 2021
NOTICE OF MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, September 1, 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, September 1, 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
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
05/04/22 05/25/22
06/01/22 06/22/22
07/06/22 07/27/22
AUGUST DARK 08/24/22
* Meeting will be held on the third Wednesday of the month
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: September 1, 2021 Time: 5:00 p.m. Adjourn:
COMMITTEE MEMBERS (14)
Brooke Jones (Chair)
Ryan Gallagher (Vice-Chair) Doug Chaffee
Stephen Faessel
Johnathan Ryan Hernandez Steve Jones
Sandra Massa-Lavitt
Paulo Morales
Kim Nichols
Bob Ooten
Jesus J. Silva
Chad Zimmerman
John Withers (Board Chair)
Chad Wanke (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 7/13/2021 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 Paulo Morales 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, September 1, 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@ocsan.gov at least
14 days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 1, 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
August 31, 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.
1.2021-1814APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee held July 7,
2021.
Originator:Kelly Lore
Agenda Report
07-07-2021 Operations Committee Minutes
Attachments:
2.2021-1657PUMP STATION PORTABLE GENERATOR CONNECTORS, PROJECT
NO. FE19-01
RECOMMENDATION: Recommend to the Board of Directors to:
Page 1 of 7
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 1, 2021
A. Receive and file Bid Tabulation and Recommendation for Pump Station Portable
Generator Connectors, Project No. FE19-01;
B. Award a Construction Contract to Pacific International Electric Company, Inc.,
dba Pacific Industrial Electric, for Pump Station Portable Generator Connectors,
Project No. FE19-01, for an amount not to exceed $1,207,479; and
C. Approve a contingency of $120,748 (10%).
Originator:Kathy Millea
Agenda Report
FE19-01 Contract Agreement & Exhibit A
Attachments:
3.2021-1782CONDITION ASSESSMENT ON-CALL CONTRACTOR SUPPORT
SERVICES SPECIFICATION NO. S-2021-1255BD
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract with Jamison Engineering for Condition Assessment
On-Call Contractor Support Services, Specification S-2021-1255BD, for the
period of November 1, 2021 through October 31, 2022, for a total amount not to
exceed $783,470, with four, one-year renewal options; and
B. Approve an annual contingency of $78,347 (10%).
Originator:Kathy Millea
Agenda Report
S-2021-1255BD SOW & Draft Contract
Attachments:
4.2021-1793EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2,
PROJECT NO. FE19-06
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for EPSA Motor Cooling
Improvements at Plant No. 2, Project No. FE19-06;
B. Award a Construction Contract to Mehta Mechanical Company Inc. dba MMC
Inc. for EPSA Motor Cooling Improvements at Plant No. 2, Project No. FE19-06,
for a total amount not to exceed $854,000; and
C. Approve a contingency of $85,400 (10%).
Originator:Kathy Millea
Agenda Report
FE19-06 Contract
Attachments:
Page 2 of 7
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 1, 2021
5.2021-1769ENGINEERING 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 June 30, 2021.
Originator:Kathy Millea
Agenda Report
CIP Contract Report Period Ending 2021-06-30
Attachments:
6.2021-1808QUARTERLY ODOR COMPLAINT REPORT
RECOMMENDATION:
Receive and file the Fiscal Year 2020-21 Fourth Quarter Odor Complaint Report.
Originator:Rob Thompson
Agenda Report
FY 2020-21 4th Qtr Odor Complaint Report Summary
Attachments:
7.2021-1627PLANT NO. 2 PRIMARY DISTRIBUTION STRUCTURE B GATES
REPAIR
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to J.R. Filanc Construction Co. to repair ten slide
gates for Plant No. 2 Primary Distribution Structure, per Specification No.
S-2021-1249BD, for a total amount not to exceed $309,500, including sales tax
and freight; and
B. Approve a contingency of $46,425 (15%).
Originator:Rob Thompson
Agenda Report
S-2021-1249BD Contract & SOW
Attachments:
8.2021-1781FLEET PURCHASE OF REPLACEMENT VEHICLES, LIGHT DUTY
TRUCKS, AND MEDIUM DUTY TRUCKS FOR FY21-22
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order to National Auto Fleet Group to purchase one Ford
F550 service body utility truck and five Ford F250 service body utility trucks
using Sourcewell Cooperative Contract No. 120716-NAF, for a total amount of
$326,408; and
Page 3 of 7
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 1, 2021
B. Approve a 5% contingency of $16,321.
Originator:Rob Thompson
Agenda ReportAttachments:
9.2020-1295ON-CALL MAINTENANCE AND REPAIR MASTER SERVICES
CONTRACTS - SPECIFICATION NO. S-2021-1234BD
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve Master Services Contracts to provide on-call maintenance and repair
services, Specification No. S-2021-1234BD, for a one-year period effective
December 1, 2021 through November 30, 2022, with two, one-year renewal
options, in accordance with Ordinance No. OC SAN-56, Section 2.03(F), with
the seven qualified firms, for bids less than $300,000:
1. Jamison Engineering Contractor, Inc.
2. Charles King Company
3. J.R. Filanc Construction Company, Inc.
4. Shimmick Construction Company, Inc.
5. W.A. Rasic Construction Company, Inc.
6. Kiewit Infrastructure West Co.
7. O’Connell Engineering & Construction, Inc.; and
B. Authorize the General Manager to add or delete firms as necessary to maintain
a qualified base of up to seven firms in accordance with the Request for
Qualifications Specification No. S-2021-1234BD.
Originator:Rob Thompson
Agenda Report
S-2021-1234BD Draft Contract_SOW
Attachments:
10.2021-1803PURCHASE OF BAR SCREEN DRIVE SHAFT ASSEMBLY FOR PLANT
NO. 2
RECOMMENDATION:
A. Approve a Sole Source Purchase Order with Infilco Degremont Inc. for the
purchase of one spare drive shaft assembly for Plant No. 2 Bar Screening
Facility, Model 316SS, for a total amount not to exceed $96,771 plus applicable
sales tax & freight charges; and
B. Approve a contingency of $4,839 (5%).
Originator:Rob Thompson
Agenda ReportAttachments:
Page 4 of 7
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 1, 2021
11.2021-1764PROCUREMENT OF 21 ELECTRIC CARTS
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order to Southwest Toyota Lift for the purchase of 21
electric carts using OMNIA Partners Cooperative Contract No. EV2671 for a
total amount not to exceed $432,283, including tax and freight; and
B. Approve a contingency of $21,615 (5%).
Originator:Rob Thompson
Agenda ReportAttachments:
12.2021-1806MANHOLE FRAME AND COVER SERVICES, SPECIFICATION NO.
S-2021-1258BD
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to Ayala Engineering, Inc. to provide Manhole
Frame & Cover Replacement Services, Specification No. S-2021-1258BD, for a
total amount not to exceed $992,105 for the period beginning November 1, 2021
through October 31, 2022, with four, one-year renewal options; and
B. Approve a contingency of $148,816 (15%).
Originator:Rob Thompson
Agenda Report
Service Contract S-2021-1258BD_Final Contract and SOW
Attachments:
NON-CONSENT:
13.2021-1626AGREEMENT FOR PURCHASE OF ANIONIC POLYMER,
SPECIFICATION NO. C-2021-1252BD
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Chemical Supplier Agreement to Polydyne, Inc. for the purchase of
Liquid Anionic Polymer, Specification No. C-2021-1252BD, for the period of
November 1, 2021 through October 31, 2022, for a unit price of $4.50 per active
pound delivered, plus applicable sales tax for a total estimated annual amount of
$685,125, with four, one-year renewal options; and
B. Approve an annual unit price contingency of 10%.
Originator:Rob Thompson
Page 5 of 7
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 1, 2021
Agenda Report
Anionic - C-2021-1252BD - Draft Contract and SOW
Attachments:
14.2020-1216EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVE.,
PROJECT NO. FE18-12
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for Erosion Control at
Santa Ana River and Hamilton Ave., Project No. FE18-12;
B. Award a Construction Contract to Engineering & Environmental Construction,
Inc. for Erosion Control at Santa Ana River and Hamilton Ave., Project No.
FE18-12, for a total amount not to exceed $162,281; and
C. Approve a contingency of $24,342 (15%).
Originator:Kathy Millea
Agenda Report
FE18-12 Contract Agreement & Exhibit A (Schedule of Prices)
Presentation - Erosion Control SAR_Hamilton
Attachments:
15.2021-1430REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55,
PROJECT NO. FE18-13
RECOMMENDATION: Recommend to the Board of Directors to:
Approve the First Amendment to Utility Agreement No. OCSD-1005, between the
Orange County Sanitation District and the Orange County Transportation Authority
agreeing to a funding increase for the relocation and protection of the Redhill Relief
Sewer at State Route 55 in the City of Santa Ana.
Originator:Kathy Millea
Agenda Report
OCTA First Amendment to Utility Agreement OCSD-1005
OCTA Utility Agreement OCSD-1005
Presentation - Redhill Relief OCTA
Attachments:
INFORMATION ITEMS:
16.2021-1689ORANGE COUNTY SANITATION DISTRICT REGULATORY
COMPLIANCE UPDATE
RECOMMENDATION:
Information item.
Originator:Lan Wiborg
Page 6 of 7
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 1, 2021
Agenda Report
Presentation - Compliance Program
Attachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Operations Committee on October 6,
2021 at 5:00 p.m.
Page 7 of 7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1814 Agenda Date:9/1/2021 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 July 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 July 7, 2021
Orange County Sanitation District Printed on 8/23/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, July 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 of the Orange County Sanitation District was
called to order by Committee Chairman Brooke Jones on Wednesday, July 7, 2021 at 5:00
p.m. in the Administration Building of the Orange County Sanitation District. Committee
Vice-Chair Ryan Gallagher led the flag salute. Chair Jones 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).
ROLL CALL AND DECLARATION OF QUORUM:
PRESENT:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Kim
Nichols, Robert Ooten, Jesus Silva, Chad Wanke, John Withers and
Chad Zimmerman
ABSENT:None
STAFF MEMBERS PRESENT: Clerk of the Board Kelly Lore and Mortimer Caparas were
present in the Board Room. General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy
Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Sam Choi, Tanya Chong, Raul Cuellar, Mike Dorman, Tina Knapp, Joshua
Martinez, Tom Meregillano, Robert Michaels, Jeffrey Mohr, Thomas Vu, Eros Yong, and Ruth
Zintzun participated telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, participated telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Jones did not provide a report.
General Manager Jim Herberg did not provide a report.
Page 1 of 10
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Minutes July 7, 2021
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2021-1723
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held June 2,
2021.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
2.REPLACEMENT PURCHASE OF A COMBINATION SEWER
CLEANING VEHICLE
2021-1602
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Purchase Order to Haaker Equipment Company to purchase one
new/unused Combination Sewer Cleaning Truck using Sourcewell Cooperative
Contract No. 122017-FSC-2 for a total amount not to exceed $775,410,
including freight and taxes; and
B. Approve a contingency of $23,262 (3%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
3.AREA 02 CRAIG REGIONAL PARK MANHOLE IMPROVEMENTS,
PROJECT NO. FE10-21
2020-1381
Originator: Kathy Millea
Page 2 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for Area 02 Craig
Regional Park Manhole Improvements, Project No. FE10-21;
B. Award a Construction Contract to Deark E&C, Inc. for Area 02 Craig Regional
Park Manhole Improvements, Project No. FE10-21, for a total amount not to
exceed $427,400; and
C. Approve a contingency of $42,740 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
4.OUTFALL LOW FLOW PUMP STATION, CONTRACT NO. J-117B 2021-1644
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a Purchase Order to ePlus Technology Inc. for Specification No.
E-2021-1253BD for IT Server Hardware for Outfall Low Flow Pump Station, Contract
No. J-117B, for a total amount of $793,882.96, plus applicable sales tax and freight.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
5.SPRINGDALE RELIEF CONCRETE ENCASEMENT EXTENSION AT
WINTERSBURG CHANNEL, PROJECT NO. FRC-0012
2021-1686
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
A. Approve a sole source with J. F. Shea Construction, Inc. for $167,694 for
Springdale Relief Concrete Encasement Extension at Wintersburg Channel,
Project No. FRC-0012;
B. Authorize the General Manager to award the Construction Contract to J. F. Shea
Construction, Inc. for $167,694 for Springdale Relief Concrete Encasement
Extension at Wintersburg Channel, Project No. FRC-0012; and
C. Approve a contingency of $30,185 (18%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
6.COLLECTION SYSTEM FLOW LEVEL MONITORING STUDY,
PROJECT NO. PS20-02
2021-1707
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Services Agreement with Woodard and Curran, Inc. to
provide engineering services for the Collection System Flow Level Monitoring
Study, Project No. PS20-02, for an amount not to exceed $616,562; and
B. Approve a contingency of $61,656 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
NON-CONSENT:
Board Chair Withers joined the meeting at 5:12 p.m.
7.SUNFLOWER AND RED HILL INTERCEPTOR REPAIRS, PROJECT
NO. 7-66
2021-1533
Originator: Kathy Millea
Page 4 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
Engineering Manager Jeff Mohr provided a PowerPoint presentation which described
the project location, repairs needed, collaboration with locally affected agencies,
sewage spill risks, and bidder information.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for Sunflower and Red
Hill Interceptor Repairs, Project No. 7-66;
B. Award a Construction Contract to Charles King Company for Sunflower and Red
Hill Interceptor Repairs, Project No. 7-66, for an amount not to exceed
$4,777,000; and
C. Approve a contingency of $477,700 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, Chad
Wanke and John Withers
NOES:None
ABSENT:Chad Zimmerman
ABSTENTIONS:None
8.SUNFLOWER AND RED HILL INTERCEPTOR REPAIRS, PROJECT
NO. 7-66
2021-1532
Originator: Kathy Millea
Mr. Mohr provided a PowerPoint presentation regarding the professional construction
services needed for the project.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Construction Services Agreement with GHD, Inc. to
provide construction support services for Sunflower and Red Hill Interceptor
Repairs, Project No. 7-66, for an amount not to exceed $166,000; and
B. Approve a contingency of $16,600 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, Chad
Wanke and John Withers
NOES:None
ABSENT:Chad Zimmerman
Page 5 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
ABSTENTIONS:None
Director Nichols and Board Vice-Chair Wanke departed the meeting.
9.SOUTH PERIMETER SECURITY AND UTILITY IMPROVEMENTS AT
PLANT NO. 1, PROJECT NO. P1-134
2021-1572
Originator: Kathy Millea
Mr. Mohr provided a PowerPoint presentation which included an overview of the three
scope areas and work to be completed, and provided information of the protest from
the 3rd low bidder.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for South Perimeter
Security and Utility Improvements at Plant No. 1, Project No. P1-134;
B. Reject the bid from apparent low bidder, RT Contractor Corp., as
non-responsive;
C. Receive and file Orange County Sanitation District’s Notice of Intent to Award
dated June 3, 2021;
D. Receive and file Award Protest from Act 1 Construction, Inc. dated June 4,
2021, concerning the award to Tovey/Shultz Construction, Inc.;
E. Receive and file response letter from Tovey/Shultz Construction, Inc. dated June
8, 2021, regarding the bid protest of Act 1 Construction, Inc.;
F. Receive and file Orange County Sanitation District’s determination letter dated
June 10, 2021, to Act 1 Construction, Inc. responding to award protest;
G. Award a Construction Contract to Tovey/Shultz Construction, Inc. for South
Perimeter Security and Utility Improvements at Plant No. 1, Project No. P1-134,
for an amount not to exceed $4,396,779; and
H. Approve a contingency of $439,678 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
Page 6 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
10.SOUTH PERIMETER SECURITY AND UTILITY IMPROVEMENTS AT
PLANT NO. 1, PROJECT NO. P1-134
2021-1573
Originator: Kathy Millea
Mr. Mohr provided a PowerPoint presentation which described the professional
construction services needed for the project.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Construction Services Agreement with HDR
Engineering, Inc. to provide construction support services for South Perimeter
Security and Utility Improvements at Plant No. 1, Project No. P1-134, for an
amount not to exceed $235,000; and
B. Approve a contingency of $23,500 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
Director Zimmerman joined the meeting at approximately 5:35 p.m.
11.PROCESS CONTROL SYSTEMS UPGRADES STUDY, PROJECT NO.
SP-196
2021-1719
Originator: Kathy Millea
Engineering Manager Mike Dorman provided a PowerPoint presentation regarding the
SCADA system which allows 24-hour operation from a location at each plant. Mr.
Dorman explained the critical need for replacement and the competitive procurement
process.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 7 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
A. Approve a Master Services Agreement with ABB Inc. for the design, installation,
implementation, and maintenance of a process control system;
B. Authorize staff to specify ABB Inc. as the sole source provider for equipment,
materials, software, and services for control systems on current and future
projects; and
C. Ratify the addition of ABB Inc. to the list of pre-approved Original Equipment
Manufacturers for procurements under $100,000 for equipment, materials,
software, and services for control systems.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva and John Withers
NOES:None
ABSENT:Kim Nichols and Chad Wanke
ABSTENTIONS:Chad Zimmerman
12.PROCESS CONTROL SYSTEMS UPGRADES, PROJECT NO. J-120 2021-1584
Originator: Kathy Millea
Mr. Dorman provided a PowerPoint presentation regarding the Process Control
Systems upgrade, scope of work, schedule, and costs associated with the Task Order
requested.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve Task Order No. 1 under the Master Services Agreement with ABB Inc.
to provide services, software, and equipment for Process Control Systems
Upgrades, Project No. J-120, for an amount not to exceed $11,818,480; and
B. Approve a contingency of $1,181,848 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva, John Withers and
Chad Zimmerman
NOES:None
ABSENT:Kim Nichols and Chad Wanke
ABSTENTIONS:None
13.RIALTO BIOENERGY FACILITY DRYING AND THERMAL
CONVERSION CONTRACT - BIOSOLIDS MANAGEMENT
2021-1728
Originator: Lan Wiborg
Page 8 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
Environmental Supervisor Tom Meregillano provided an informative PowerPoint
presentation which described Biosolids thermal conversion, RFI results, and the Rialto
Bioenergy facility process and locations.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Sole Source Service Contract to Rialto Bioenergy Facility (RBF) to
pilot a biosolids drying and thermal conversion service for approximately 100 wet
tons per day at a base fee of $94 per wet ton, plus monthly fuel surcharge,
annual CPI (consumer price index) adjustment, and special sampling events at a
rate of $3,950 per event (6 events) for targeted Per- and Polyfluoroalkyl
Substances (PFAS) compounds. The term of this Contract is for three (3) years
with two (2) optional one-year renewals for a total annual amount not to exceed
$3,463,095; and
B. Approve an annual contingency of $346,310 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva, John Withers and
Chad Zimmerman
NOES:None
ABSENT:Kim Nichols and Chad Wanke
ABSTENTIONS:None
INFORMATION ITEMS:
14.ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL
SERVICES LABORATORY AND OCEAN MONITORING UPDATE
2021-1733
Originator: Lan Wiborg
Environmental Laboratory and Ocean Monitoring Manager Dr. Sam Choi presented an
informative PowerPoint presentation regarding an overview of the Environmental
Laboratory and Ocean Monitoring program.
ITEM RECEIVED AS AN:
Information Item.
15.SUPER CRITICAL WATER OXIDATION RESEARCH OPPORTUNITY 2021-1736
Originator: Rob Thompson
Assistant General Manager Rob Thompson provided a PowerPoint presentation to
describe Super Critical Water Oxidation Solids Treatment.
Page 9 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Jones declared the meeting adjourned at 6:47 p.m. to the next Operations Committee
meeting to be held on Wednesday, September 1, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 10 of 10
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1657 Agenda Date:9/1/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
PUMP STATION PORTABLE GENERATOR CONNECTORS, PROJECT NO. FE19-01
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Pump Station Portable Generator
Connectors, Project No. FE19-01;
B. Award a Construction Contract to Pacific International Electric Company, Inc., dba Pacific
Industrial Electric, for Pump Station Portable Generator Connectors, Project No. FE19-01, for
an amount not to exceed $1,207,479; and
C. Approve a contingency of $120,748 (10%).
BACKGROUND
The Orange County Sanitation District (OC San) operates 15 pump stations as part of its collection
system. These pump stations require emergency power during the loss of utility power. Seven of the
pump stations include dedicated, on-site standby generators. The remaining eight pump stations
have connectors to quickly connect a portable generator.
Pump stations typically have a main switchboard to distribute power, either from Southern California
Edison or standby generator, through motor control centers to all the loads in the pump station.
These switchboards require periodic inspection and maintenance that requires them to be de-
energized.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Commitment to safety & reducing risk in all operations
Orange County Sanitation District Printed on 8/23/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1657 Agenda Date:9/1/2021 Agenda Item No:2.
PROBLEM
The current configuration of the Southern California Edison and emergency generator power feeds
through the main switchboard do not allow for pump station operation during switchboard inspection
and maintenance.The main switchboard must be fully de-energized to perform the required
inspection and maintenance.
The current maintenance practice is to by-pass a pump station or do the work at night during low flow
periods while carefully monitoring wet well levels and certain low-lying upstream manholes to be sure
that no spill occurs.If the level does rise too quickly,the work must be immediately stopped to put
the pump station back in service.
PROPOSED SOLUTION
Award a Construction Contract for Pump Station Portable Generator Connectors,Project No.FE19-
01 to reconfigure the generator connections to allow pump station operation and switchboard
maintenance at the same time.This project will install new generator connectors at 13 of the 15
pump stations.An earlier project installed a portable generator connector at one of the pump stations
which is operating satisfactorily,and the other pump station is planned for demolition in the near
future.
TIMING CONCERNS
Until these generator connectors are installed,routine switchboard maintenance runs the risk of
creating a sewage spill.
RAMIFICATIONS OF NOT TAKING ACTION
Routine maintenance on the main switchboard will continue to be more difficult to perform during the
limited low flow windows or with costly by-pass pumping.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Pump Station Portable Generator Connectors,Project No.FE19-01 for bids on
April 27,2021,and eight sealed bids were received on June 23,2021.A summary of the bid opening
follows:
Engineer’s Estimate $ 1,562,000
Bidder Amount of Bid
Pacific International Electric Company, Inc., dba Pacific Industrial
Electric
$ 1,207,479
AMTEK Construction $ 1,325,333
Metro Builders & Engineers Group, Ltd $ 1,384,408
R.I.C. Construction Co., Inc.$ 1,400,783
Mass Electric Construction Co.$ 1,419,180
Leed Electric, Inc.$ 1,877,211
Shimmick Construction Inc.$ 1,979,048
R2BUILD, dba R2B Engineering $ 2,160,000
Orange County Sanitation District Printed on 8/23/2021Page 2 of 3
powered by Legistar™
File #:2021-1657 Agenda Date:9/1/2021 Agenda Item No:2.
Engineer’s Estimate $ 1,562,000BidderAmount of Bid
Pacific International Electric Company, Inc., dba Pacific Industrial
Electric
$ 1,207,479
AMTEK Construction $ 1,325,333
Metro Builders & Engineers Group, Ltd $ 1,384,408
R.I.C. Construction Co., Inc.$ 1,400,783
Mass Electric Construction Co.$ 1,419,180
Leed Electric, Inc.$ 1,877,211
Shimmick Construction Inc.$ 1,979,048
R2BUILD, dba R2B Engineering $ 2,160,000
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
all bidders on July 28,2021,informing them of the intent of OC San to recommend award of the
Construction Contract to Pacific International Electric Company, Inc., dba Pacific Industrial Electric.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder,Pacific International Electric Company,Inc.,dba Pacific Industrial Electric,for a total amount
not to exceed $1,207,479.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301.A Notice of Exemption will be filed with the OC Clerk-Recorder
after the Sanitation District’s Board of Directors approval of the construction contract.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2021-2022,Appendix A,Page A-8,Small Construction
Projects Program, Project No. M-FE) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
SP:sa:gc
Orange County Sanitation District Printed on 8/23/2021Page 3 of 3
powered by Legistar™
C-CA-103020
PART A
CONTRACT AGREEMENT
C-CA-103020
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL CONDITIONS ................................................................. 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 5
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION ................................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 21
SECTION – 18 TERMINATION ............................................................................... 21
SECTION – 19 WARRANTY ................................................................................... 21
SECTION – 20 ASSIGNMENT ................................................................................ 22
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 22
SECTION – 22 SAFETY & HEALTH ....................................................................... 23
SECTION – 23 NOTICES ....................................................................................... 23
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE19-01
PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS
THIS AGREEMENT is made and entered into, to be effective, this September 29, 2021, by and
between Pacific International Electric Company, Inc. dba Pacific Industrial Electric, hereinafter
referred to as “CONTRACTOR” and the Orange County Sanitation District, hereinafter referred
to as “OCSD”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION – 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 2 of 24
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 3 of 24
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 4 of 24
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 5 of 24
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FE19-01
PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE19-01
PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS
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 five hundred forty (540) 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 seven (7) 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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 6 of 24
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.
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 7 of 24
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
SECTION – 9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of One Million Two Hundred Seven Thousand Four
Hundred Seventy-Nine Dollars ($1,207,479) as itemized on the Attached Exhibit “A”.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 8 of 24
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.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 9 of 24
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions –“Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 10 of 24
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 11 of 24
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 12 of 24
(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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 13 of 24
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
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 14 of 24
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 15 of 24
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: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Four Million
Dollars ($4,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 16 of 24
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of One Million Dollars ($1,000,000) for bodily injury,
personal injury and property damage;
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 17 of 24
Or alternatively, (2) Five Hundred Thousand Dollars ($500,000) per person for bodily
injury, One Million Dollars ($1,000,000) per accident for bodily injury, and Five
Hundred Thousand Dollars ($500,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OCSD.
5. Worker’s Compensation/Employer’s Liability: CONTRACTOR shall provide such
Worker’s Compensation Insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
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-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 18 of 24
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 19 of 24
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OCSD’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 20 of 24
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OCSD and any public agency issuing permits for the Project must be named as
“Additional Insured” on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 21 of 24
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
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.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 22 of 24
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 23 of 24
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: Pacific International Electric Company, Inc. dba
Pacific Industrial Electric 230 N. Orange Avenue Brea, CA 92821
Copy to: Roxanne Medina, CEO Pacific International Electric Company, Inc. dba Pacific Industrial Electric 230 N. Orange Avenue Brea, CA 92821
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 24 of 24
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Pacific International Electric Company, Inc. dba Pacific Industrial Electric
230 N. Orange Avenue
Brea, CA 92821
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 655104 (Expiration Date – 09/30/2022)
OCSD: Orange County Sanitation District
By______________________________ John B. Withers Board Chairman
By______________________________ Kelly A. Lore
Clerk of the Board By______________________________ Ruth Zintzun
Purchasing & Contracts Manager
C-EXA-080414
EXHIBIT A SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OCSD’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 3 of 8
The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or
to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times.
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 5 of 8
acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 6 of 8
2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Pacific Industrial Electric BF-14 SCHEDULE OF PRICES, Pages 1 - 2
Bid Submitted By: _P_a_c_ifi_1c_ln_d_u_s_tr_ia_l_E_le_c_t_ri_c _____ _
(Name of Finn)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work.
including profit. overhead. etc .• unless otherwise specified in the Contract Documents. All
applicable sales taxes. state and/or federal. and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C-BF-010521
PROJECT NO. FE19-01
PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS
Page 1 of 2
BF-14 SCHEDULE OF PRICES C-BF-010521 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS Page 2 of 2
Bid Submitted By: ______________________________________ (Name of Firm)
EXHIBIT A SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item No. Description Unit of Measurement Approx Qty Extended Price
1. Mobilization: Initial progress payment for all fees, labor, materials and equipment required for mobilization, staging area, surety bonds, and other activities in conformance with the Contract Documents, for a fixed amount of…
Lump Sum 1 = $ 62,000
2. Completion of Work: Furnish all labor, materials and equipment necessary for the completion of the Contract Work, except for the Work specified for Bid Item 1, in conformance with the Contract Documents, for the lump sum
price of…
Lump Sum 1 = $
TOTAL AMOUNT OF BID (BASIS OF AWARD) $
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1782 Agenda Date:9/1/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
CONDITION ASSESSMENT ON-CALL CONTRACTOR SUPPORT SERVICES SPECIFICATION
NO. S-2021-1255BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract with Jamison Engineering for Condition Assessment On-Call
Contractor Support Services, Specification S-2021-1255BD, for the period of November 1,
2021 through October 31, 2022, for a total amount not to exceed $783,470, with four, one-year
renewal options; and
B. Approve an annual contingency of $78,347 (10%).
BACKGROUND
Contractor support services are used to support condition and/or corrosion assessments by Orange
County Sanitation District (OC San) staff and corrosion consultants, and ensure that they are
performed safely and efficiently. The Scope of Services includes, but is not limited to, confined space
entry support, forced air ventilation, pipe cleaning, dewatering, bypass pumping, closed circuit
television surveys, and minor incidental repairs.
Corrosion condition assessments provide vital information with respect to the condition and life
expectancy of critical plant and collections process structures. Condition assessments are a key
component of OC San’s Asset Management Program.
RELEVANT STANDARDS
·Protection of OC San assets
·Maintain a proactive asset management program
·Maintain and adhere to appropriate internal planning documents (Strategic Plan)
·Commitment to safety & reducing risk is all operations
Orange County Sanitation District Printed on 8/25/2021Page 1 of 4
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1782 Agenda Date:9/1/2021 Agenda Item No:3.
PROBLEM
Jamison Engineering currently provides on-call contractor support services for OC San’s Asset
Management Program. The current contract expires on October 31, 2021.
PROPOSED SOLUTION
OC San advertised an RFP on July 1,2021 and two proposals were received.Based on OC San’s
evaluation process and pursuant to government codes,staff recommends approval of the Service
Contract with Jamison Engineering for the Condition Assessment On-Call Contractor Support
Services.
TIMING CONCERNS
The current contract will expire October 31,2021.Delay of the new contract will suspend planned
condition assessments that are part of the Asset Management Program.
RAMIFICATIONS OF NOT TAKING ACTION
There would be a reduction in the number of condition and corrosion assessments performed,
increasing the risk of not detecting and addressing a deteriorating and failed condition.
PRIOR COMMITTEE/BOARD ACTIONS
September 2016 -Board approved On-Call Contractor Support Services,Specification No.S-2016-
772BD,with Jamison Engineering for the period November 1,2016 through October 31,2017 for a
total amount not to exceed $700,615,with four one-year renewal options;and approved a
contingency of $70,061 (10%).
ADDITIONAL INFORMATION
A Request for Proposal (RFP)was issued for the Condition Assessment On-Call Contractor Support
Services on July 1,2021.A non-mandatory pre-proposal meeting was conducted virtually on July 14,
2021.The following evaluation criterion were described in the RFP and used to determine the most
qualified company.
CRITERION WEIGHT
Qualifications & Experience of Firm 30%
Staffing & Project Organization 30%
Understanding of Work 20%
Cost & Price 20%
Two proposals were received on July 30,2021 and evaluated in accordance with the evaluation
process set forth in OC San’s Purchasing Ordinance by a pre-selected Evaluation Team consisting of
one Engineering Supervisor,one Maintenance Superintendent,one Senior Engineer,and one Safety
Supervisor.Although OC San received two proposals,one company,Mehta Mechanical Company
Orange County Sanitation District Printed on 8/25/2021Page 2 of 4
powered by Legistar™
File #:2021-1782 Agenda Date:9/1/2021 Agenda Item No:3.
Supervisor. Although OC San received two proposals, one company, Mehta Mechanical Company
Inc., was found to be non-responsive for failing to submit a technical proposal.
The Evaluation Team met on August 3, 2021 and evaluated and scored the proposals on the
established criterion as summarized in the table below:
Firm Qualifications
& Experience
(Max 30)
Proposed
Staffing (Max
30)
Understanding
of Work (Max
20)
Subtotal
Score (Max
80)
1 Jamison Engineering 29 28 19 76
2 Mehta Mechanical Non-Responsive
All proposals were accompanied by a sealed cost proposal. Only the cost proposal for the responsive
proposal was opened.
Firm Subtotal Score
without Cost
(Max 80)
Cost (Max 20)Total Weighted
Score (Max
100)
1 Jamison Engineering 76 20 96
Staff reviewed and ranked the proposals and Jamison Engineering was the top-ranked proposer.
Jamison Engineering is qualified based on the firm’s and project team’s qualifications and safety
certifications. They have the appropriate relevant experience with OC San and other agencies
conducting similar work. Their approach and understanding of the work were determined to be
satisfactory.
Staff recommends approval of a Service Agreement with Jamison Engineering for an amount not to
exceed $783,470 per year for the first contract period (November 2021 - October 2022) with an
annual contingency of $78,347 (10%) to account for unforeseen field conditions that may need
immediate response while performing assessments.
CEQA
This is not a project as defined by the California Environmental Quality Act (CEQA), therefore CEQA
does not apply.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance. This
recommendation would be funded under the Professional & Contractual Services line item for the
Engineering Department (Budget Update Fiscal Year 2021-2022, Page 43). This contract will span
over two separate Fiscal Years (Fiscal Year 2021-2022 and 2022-2023), and the available funding is
sufficient for this action.
Orange County Sanitation District Printed on 8/25/2021Page 3 of 4
powered by Legistar™
11
File #:2021-1782 Agenda Date:9/1/2021 Agenda Item No:3.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Service Contract
Orange County Sanitation District Printed on 8/25/2021Page 4 of 4
powered by Legistar™
Orange County Sanitation District 1 of 9 Specification No.S-2021-1255BD Revision 031021
SERVICE CONTRACT CONDITION ASSESSMENT ON-CALL CONTRACTOR SUPPORT SERVICES Specification No. S-2021-1255BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and [ ] with a principal place of business at [ ] (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H WHEREAS, OC San desires to temporarily retain the services of Contractor for Condition Assessment On-call Contractor SupportServices as described in Exhibit “A”; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56; and
WHEREAS, on [____________________], the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services,
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows:
1. Introduction 1.1 This Contract and all exhibits hereto is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”. 1.1 The term “Task Order”, when referenced under this Contract, shall mean an order issued by the OC San Project Manager or designee for a specific scope of work. 1.2 Task Orders issued under this Contract shall be incorporated by reference and made part
hereof, upon issuance of the Task Order. 1.3 Exhibits to this Contract are incorporated by reference and made a part of this Contract as
though fully set forth at length herein. Exhibit “A” Scope of Work
Exhibit “B” Proposal Exhibit “C” Determined Insurance Requirement Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies Exhibit “F” General Conditions 1.1 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract is set forth below: a. Addenda issued prior to opening of Bids – the last in time being the first in precedence
Orange County Sanitation District 2 of 9 Specification No.S-2021-1255BD Revision 031021
b. Service Contract c. Exhibit “F” General Conditions
d. Exhibit “C” Determined Insurance Requirement Form e. Exhibit “D” Contractor Safety Standards f. Permits and other regulatory requirements
g. Exhibit “E” Human Resources Policies h. Individual Task Orders, Inclusive of Task Order Scopes of Work i. Exhibit “A” Scope of Work j. Exhibit “B” Bid Price Form 1.2 The provisions of this Contract and attachments hereto are applicable at the Task Order level. 1.3 The provisions of this Contract and provisions of the Task Orders may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.4 The various headings in this Contract are inserted for convenience only and shall not affect the
meaning or interpretation of this Contract or any paragraph or provision hereof. 1.5 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”.
1.6 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below.
1.7 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San. 2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not exceed [ ] Dollars ($[_________].00).
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its subcontractors who will perform Work during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its
subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the
Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OC San and/or general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
Orange County Sanitation District 3 of 9 Specification No.S-2021-1255BD Revision 031021
3.5 In addition, refer to General Conditions, Exhibit “F”, GC-4, LAWS TO BE OBSERVED.
4. Payments and Invoicing 4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s Project
Manager or designee, of itemized invoices submitted for Task Orders completed in accordance with Exhibit “A” and the individual Task Order. OC San, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 4.2 Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number and Specific Task Order Number shall be referenced in the subject line. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services
identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OC San at any time. All modifications must be made in writing and signed by both Parties.
8. Contract Term The Services provided under this Contract shall be for the period of one (1) year commencing on November 1, 2021 and continuing through October 31, 2022. 9. Renewals 9.1 OC San may exercise the option to renew this Contract for up to four (4) one-year periods, under the terms and conditions contained herein. OC San shall make no obligation to renew nor give reason if it elects not to renew. 9.2 This Contract may be renewed by OC San Purchase Order.
10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. In addition, refer to General Conditions, Exhibit “F”, GC-27, EXTENSION OF TIME FOR DELAY.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination 12.1 OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor
expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination.
Orange County Sanitation District 4 of 9 Specification No.S-2021-1255BD Revision 031021
12.2 OC San reserves the right to terminate this Contract immediately upon OC San’s determination that Contractor is not complying with the Scope of Work requirements, if the level of service is
inadequate, or any other default of this Contract. 12.3 OC San may also immediately cancel for default of this Contract in whole or in part by written
notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if total amount of compensation exceeds the amount authorized under this Contract. 12.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs first.
13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirement Form (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence work under this
Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required
insurance coverage shall result in termination of this Contract. 14. Bonds – Not Used
15. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the
sole active negligence of or willful misconduct of OC San, Contractor shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or
uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and
experienced legal counsel acceptable to OC San. 16. Contractor Safety Standards and Human Resources Policies OC San requires Contractor
and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC San locations. If
Orange County Sanitation District 5 of 9 Specification No.S-2021-1255BD Revision 031021
during the course of the Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to the Safety requirements in Exhibit “A”, all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human
Resources Policies in Exhibit “E”. 17. Warranties - Refer to General Conditions, Exhibit “F”, GC-19 WARRANTY
(CONTRACTOR’S GUARANTEE). 18. Liquidated Damages – Not Used
19. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 20. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
21. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; and 2) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OC San. 22. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. In addition, refer to General Conditions, Exhibit “F”, GC-35, STORMWATER REQUIREMENTS. 23. Environmental Compliance Contractor shall, at its own cost and expense, comply with all
Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations.
24. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature
that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor. 25. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless
from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced.
Orange County Sanitation District 6 of 9 Specification No.S-2021-1255BD Revision 031021
26. Contractor’s Employees Compensation - In addition, refer to General Conditions, Exhibit “F”, GC-4, LAWS TO BE OBSERVED
26.1 Davis-Bacon Act – Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or
type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 26.2 General Prevailing Rate – OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages at its principal office and at each
project site, which shall be made available to any interested party upon request. 26.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, forfeit fifty dollars ($50.00)
for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code
for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 26.4 Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more. 26.5 Workday – In the performance of this Contract, not more than eight (8) hours shall constitute
a day’s work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to
OC San as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1)
calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 26.6 Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall
Orange County Sanitation District 7 of 9 Specification No.S-2021-1255BD Revision 031021
be available to the employee or employee’s representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the
provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776.
27. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 28. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof.
29. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision
or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach.
30. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if
OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price OC San has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages. 31. Dispute Resolution - Refer to General Conditions, Exhibit “F”, GC-25, DISPUTES
32. Attorney’s Fees - Refer to General Conditions, Exhibit “F”, GC-24, CLAIMS
33. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract.
34. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is
held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 35. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any
subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San. In addition, refer to General Conditions, Exhibit “F”, GC-9, PRESERVATION OF PROPERTY.
Orange County Sanitation District 8 of 9 Specification No.S-2021-1255BD Revision 031021
36. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San.
37. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San
employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees. 38. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void.
39. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
40. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or
breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
41. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
42. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 43. Entire Agreement This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 9 of 9 Specification No.S-2021-1255BD Revision 031021
44. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder
shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: [Buyer Name] [Buyer Title] Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: [Contact Name] [Contact Title] [Company Name] [Street Address] [City, State, Zip Code]
Each party shall provide the other party written notice of any change in address as soon as practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: ___________________________________ John B. Withers Chair, Board of Directors Dated: _________________ By: ___________________________________
Kelly A. Lore Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing & Contracts Manager [CONTRACTOR] Dated: _________________ By: ___________________________________
______________________________________ Print Name and Title of Officer CMM
EXHIBIT “A” Specification No. S-2021-1255BD
Exhibit “A”
SCOPE OF WORK
EXHIBIT A 1 of 12 Specification No. S-2021-1255BD
EXHIBIT A SCOPE OF WORK CONDITION ASSESSMENT ON CALL CONTRACTOR SUPPORT SERVICES
SPECIFICATION NO. S-2021-1255BD
I. ORGANIZATIONAL INFORMATION ........................................................................ 2
II. SUMMARY ................................................................................................................ 2
III. BACKGROUND, PROJECT DESCRIPTION AND PROJECT ELEMENTS ............. 3
A. BACKGROUND ................................................................................................... 3
B. GENERAL PROJECT DESCRIPTION ................................................................. 3
C. PROJECT ELEMENTS ........................................................................................ 4
I. PROJECT ELEMENT 1 – CONFINED SPACE ENTRY SUPPORT WITH SCBA, SUPPLIED AIR OR DRAGER BG-4 RE-BREATHER APPARATUS ....................... 5
II. PROJECT ELEMENT 2 – CONFINED SPACE ENTRY SUPPORT (NON SCBA) ...... 5
III. PROJECT ELEMENT 3 – FORCED AIR VENTILATION ........................................ 5
IV. PROJECT ELEMENT 4 – WATER JETTING – PIPE CLEANING ............................ 6
V. PROJECT ELEMENT 5 – DEWATERING AND BY-PASS PUMPING ....................... 6
VI. PROJECT ELEMENT 6 – DEBRIS, GRIT AND RAG REMOVAL ............................ 6
VII. PROJECT ELEMENT 7 – CLOSED CIRCUIT TELEVISION SURVEYS ..................... 6
VIII. PROJECT ELEMENT 8 – REPAIR OF PIPELINE LINER AND COATING SYSTEMS ... 7
IX. PROJECT ELEMENT 9 – INCIDENTAL REPAIRS ............................................... 7
X. PROJECT ELEMENT 10 – EXCAVATION AND SHORING ... ERROR! BOOKMARK NOT
DEFINED.
IV. PROJECT MANAGEMENT ....................................................................................... 7
A. PROJECT SCHEDULE ........................................................................................ 8
B. PROJECT DOCUMENTATION ............................................................................ 8
C. CONSTRUCTION AND INSTALLATION SERVICES .......................................... 8
D. WORK HOURS/NOISE REQUIREMENTS ........................................................... 8
V. TRAFFIC CONTROL ................................................................................................. 9
VI. SPILL REPORTING AND HANDLING .................................................................... 11
VII. RESEALING MANHOLE AND VAULT COVERS ................................................. 11
VIII. FOCUS MEETINGS AND DRY RUNS .................................................................. 11
IX. MANAGEMENT OF SUBCONTRACTORS AND SUB-CONSULTANTS ............... 12
X. REQUEST FOR CORROSION ASSESSMENT SUPPORT .................................... 12
EXHIBIT A 2 of 12 Specification No. S-2021-1255BD
I. ORGANIZATIONAL INFORMATION
Orange County Sanitation District (OC San) is a governmental agency responsible for wastewater treatment for metropolitan Orange County, California. It has been
in existence since 1954 and is the third largest wastewater treatment agency west
of the Mississippi River. OCSD’s Plant 1 and Administrative Offices are located at 10844 Ellis Avenue, Fountain Valley, and Plant 2 is located at 22212 Brookhurst Street, Huntington Beach.
II. SUMMARY
This scope of work is for on-call Contractor support services for assessments and
incidental repairs of OC San’s assets including pipelines, sewers, manholes, wet wells, tunnels, and other structures to be determined by OC San staff. The Contractor shall provide all personnel and equipment as needed to support OC San staff in their assessment and incidental repairs of OC San assets including
performing ancillary Task Orders such as cleaning, and debris removal to perform
the assessments and to carry out incidental repairs as directed by OC San staff.
Required services include, but are not limited to the following:
• Confined space entry support, including provision of personnel and of all
associated essential equipment for safe entry/exit, rescue personnel and
equipment, preparation of safety plans in accordance with OC San requirements, focus meetings, shutdown dry runs, and coordinating lockout tagout (LOTO) procedures. As these entries include live sewers or exposure to potentially Immediately Dangerous to Life and Health (IDLH) environments,
Contractor and Subcontractor will be required to provide and use Self-
Contained Breathing Apparatus (SCBA) or Supplied Air Respirators (SAR), equipped with emergency escape bottles. Rescue personnel and support equipment shall be provided for all confined space entries, and all rescue teams shall be certified to comply with Cal-OSHA requirements.
• Forced-air ventilation
• Water jetting – pipe or wet well cleaning prior to assessments by OC San
• Dewatering or by-pass pumping
• Debris, grit, and rag removal prior to assessments
• Incidental repairs
• Closed Circuit TV (CCTV) support and CCTV production
• Repairs to existing T-Lock® Arrow-Lock® or other types of liners and coatings, and other incidental repairs as directed by OC San.
• Traffic control to facilitate assessments.
The Contractor shall at all times provide services to ensure compliance with all applicable regulatory requirements and OC San’s standards. The Contractor shall contract with qualified and approved specialist consultants for the provision of
specific services to include concrete core analysis, structural engineering evaluation, Non-Destructive Evaluation (NDE), and cathodic protection system surveys as needed to augment the directly provided services.
EXHIBIT A 3 of 12 Specification No. S-2021-1255BD
III. BACKGROUND, PROJECT DESCRIPTION AND PROJECT ELEMENTS
A. BACKGROUND
In other industries, corrosion engineering and corrosion control design as it
relates to pipelines, process piping, and storage and treatment facilities has
experienced different levels of implementation depending on risk of failure and consequence of failure. Hazardous materials such as fuel oil and natural gas have a mandate from the United States Department of Transportation (DOT), as implemented by the California Public Utilities Commission (CPUC), calling
for corrosion monitoring and assessment on a regular basis. As a result, these
industries have proactive corrosion control programs and in-house corrosion departments.
Corrosion engineering in the water and wastewater industries varies by municipality. Generally, economic, and environmental factors have been the
motivation for corrosion control, ranging from fix it as it leaks (reactive) to
proactive programs of inspection/assessment followed by coatings, linings, and external cathodic protection. In the 1980s East Bay MUD demonstrated that investment into a proactive corrosion control and monitoring program resulted in a saving of $15 to every $1 allocated to corrosion control. OC San has
constructed several new facilities for expansion since the first facilities began
operation in 1954. Excavating facilities for repair or replacement due to corrosion requires an enormous effort and high cost. Regulations have been changing infrastructure management. In response to these factors OC San has elected to support a proactive maintenance program. One element of this
proactive approach is to perform internal assessments of piping and associated
facilities, to determine their current condition, and use this information to make recommendations regarding their future maintenance and operation.
B. GENERAL PROJECT DESCRIPTION
The purpose of this contract is to provide OC San with on-call Contractor-
support services so that OC San can carry out assessments of selected
facilities, structures, pipelines, and other assets in order to evaluate their current condition. In addition, perform maintenance remedial repairs as directed by OC San. The shutdowns, flow diversions, assessments and all other Task Order orders will be scheduled by OC San personnel.
The level of Contractor support will vary for each structure or asset to be
assessed depending upon the specific facility and the planned level of assessment that is either desired or is practical. In all instances the assessments will be directed by OC San personnel and not by the Contractor.
The Contractor will provide the required support for each assessment Task
Order as determined on a case-by-case basis. All subcontractors will be
approved by OC San prior to performing any services under this contract.
The level of Contractor support for incidental repairs will be dependent upon the specific Task Order. In all instances the repairs will be directed by OC San personnel and not by the Contractor.
EXHIBIT A 4 of 12 Specification No. S-2021-1255BD
For each Task Order, OC San will prepare a “Request for Assessment Support/Incidental Repairs” that includes a scope of work, schedule, work duration and a not to exceed amount for the services to be provided by the
Contractor.
It is also anticipated that the Contractor will provide input into or prepare a work plan or means and methods plan to optimize the assessment/incidental repair process. This may involve preliminary meetings and job walks with OCSD staff to finalize the support requirements to perform the required corrosion
assessments. No Task Order shall exceed $99,000, including incidental
repairs.
The Contractor shall provide the following services:
• Confined space entry support for permit-required confined spaces, including
but not limited to provision of SCBA/SAR equipment, rescue equipment
(e.g., davits, winches, harnesses, tripods, SRLs), rescue team, ventilation equipment, communication equipment, and atmospheric monitoring equipment.
• Provision of 3,000 psi water-jetting equipment with up to 300 feet of associated hoses and trained operators to adequately water jet as needed prior to CCTV inspection and physical assessment by OC San.
• Provision of submersible or grade-mounted pumps of appropriate rating and
capacity to dewater the identified structures for internal Corrosion
assessment by OC San. This will include installation and removal of all required bypass piping and associated fittings.
• Debris and rag removal using vacuum excavation equipment (e.g., Vactors)
or other approved equipment prior to physical or CCTV assessments.
• Provision of CCTV services and required support in compliance with OC San standards.
• Provision of a trailer mounted welding machine.
• Provision of as-needed incidental repairs.
• Provision of concrete core drilling equipment and drill bits for core sampling.
• Repair of existing Ameron T-Lock® liner or other lining and coatings by qualified and experienced personnel. The Contractor’s staff must be able to communicate in English both verbally and in writing with OC San staff as well as with other members of their crew. The Contractor’s staff shall demonstrate
the capability to read, interpret, and understand the Safety/OSHA requirements, OC San’s plans, drawings, and specifications, as necessary. All work and equipment utilized shall conform to Cal OSHA Title 8 requirements including, but not limited to, work performed in confined spaces and/or gas hazardous environments.
C. PROJECT ELEMENTS
The Project will be divided into Project Elements for which unit rates are to be provided by the Contractor as indicated in the Cost Proposal Form. For any
EXHIBIT A 5 of 12 Specification No. S-2021-1255BD
given assessment, the Contractor will be required to supply all manpower and equipment to provide for a combination of Project Elements as determined by OCSD to meet the needs of the individual assessments.
i. PROJECT ELEMENT 1 – CONFINED SPACE ENTRY SUPPORT WITH SCBA, SUPPLIED AIR OR DRAGER BG-4 RE-BREATHER APPARATUS
• Confined space entry support for permit-required confined spaces, including but not limited to provision of SCBA/SAR equipment, rescue equipment
(e.g., davits, winches, harnesses, tripods, SRLs), rescue team, ventilation
equipment, communication equipment, and atmospheric monitoring equipment. Contractor personnel shall be trained in confined space entry and rescue, including confined space entry supervisor, entrant, attendant, and rescue. The Contractor shall prepare all safety plans, confined space
entry procedures, rescue plans, and coordinate lockout tagout (LOTO) with
OC San staff for each assessment. The Contractors rescue team shall be provided for all confined space entries. The rescue team shall be trained and certified in accordance with the Cal/OSHA requirements. All entry support staff shall be trained, experienced, and certified in the use and
operation of SCBA, SAR, fall protection, ventilation, and atmospheric
monitoring equipment. All entry support staff shall be trained and experienced in providing communications systems for entrants in often long-line live sewers where line of sight communications are not possible. Experience to include the use of bone mike-radio systems, hard wire
communications, air horns and other technologies or means to provide
adequate communications during assessments. Forced-air ventilation equipment including fans, venturis, ducting, and portable generators as needed to permit, where practical, non-SCBA entry for the OC San
assessment engineers and Contractor’s support crews.
ii. PROJECT ELEMENT 2 – CONFINED SPACE ENTRY SUPPORT (NON SCBA)
Confined space entry and support for OC San staff entry to include confined space entry supervisor, attendant, entrant, rescue personnel, entry and exit equipment, monitoring equipment and all standard safety equipment (including but not limited to all PPE, tripods, winches, harnesses, fall
restraint lanyards and ropes), Self-Contained-Self-Rescue (SCSR) Re-breathers (Ocenco EBA 6.5) and communications systems to perform the required assessments. The Contractor’s entry supervisor shall prepare the required safety plans with OC San Safety staff and coordinate LOTO with OC San personnel for each assessment.
iii. PROJECT ELEMENT 3 – FORCED AIR VENTILATION
Provision of forced-air ventilation equipment including fans, venturis, ducting, electrical cords, and portable generators with GFCI’s as needed to permit entry into the assets for OC San and Contractor’s staff. Contractor to provide suitably rated ventilation fans, associated equipment and support
personnel from local subcontractors as required and as directed by the OC San Project Engineer.
EXHIBIT A 6 of 12 Specification No. S-2021-1255BD
iv. PROJECT ELEMENT 4 – WATER JETTING – PIPE CLEANING
The Contractor shall provide water jetting equipment rated at 3,000 PSI, with a minimum of 300 feet of associated hoses and trained operators to
adequately clean surfaces prior to inspection and physical assessment by
OC San staff. All water, power generation, and removal of jet water with contained debris to be performed by the Contractor. All extracted material shall be disposed of at OC San’s Plant No. 1. Contractor shall provide or subcontract higher pressure water jetting equipment if required by OC San
staff and invoiced per the attached Cost Proposal Form.
v. PROJECT ELEMENT 5 – DEWATERING AND BY-PASS PUMPING
Where required, the Contractor to provide suitably sized and rated pumps with all ancillary power supply, piping, and fittings to dewater an identified structure or pipe section or to bypass an asset to facilitate entry for physical
or CCTV assessment. The Contractor shall work closely with OC San staff to optimize all dewatering and bypass piping operations to utilize available equipment and to meet OC San’s operational requirements. The pump selection and piping requirements will vary significantly between Task Order orders. The Contractor shall provide a two-inch, submersible pump
complete with 200 feet of associated hoses and AC power generation (with GFCI’s) as part of the standard equipment on their ‘Combo” trucks. Contractor shall also provide three-inch, four-inch and six-inch pumps as directed by OC San staff. Larger pumps (and associated equipment) shall be rented from specialist vendors as directed by OC San staff.
vi. PROJECT ELEMENT 6 – DEBRIS, GRIT AND RAG REMOVAL
Provide extraction or removal services for debris, grit, and rags from assets prior to assessment or CCTV inspection using vacuum excavators (e.g., Vactors) or other approved equipment. The Contractor shall provide all labor and equipment to remove debris, grit and rags that would impede or
prevent the required assessment. All extracted material shall be disposed of within OC San’s Plant No. 1 or as directed by OC San staff. Where special circumstances are encountered, such as very high volumes, in excess of two feet deep of debris and rags within a structure, the Contractor shall work with OC San to develop a location-specific plan for the debris
removal process and for specialist subcontract services to be provided.
vii. PROJECT ELEMENT 7 – CLOSED CIRCUIT TELEVISION (CCTV) SURVEYS
Provision of CCTV inspection services shall be in compliance with OC San standards.
Contractor will furnish all labor, materials, equipment, and incidentals
necessary for the video inspection of various lengths and sizes of sanitary sewers located in the treatment plants and throughout Orange County. Sewers will be cleaned sufficiently by the Contractor for the camera to pass through the pipe. All CCTV operators shall be National Association of Sewer Service Companies (NASSCO) certified.
A color video recording on DVD in MPEG 1 will be made of the inspection and submitted to OC San's representative(s), along with the required
EXHIBIT A 7 of 12 Specification No. S-2021-1255BD
Inspection Report. The Inspection Report will include a description, pictures, and location of the defects.
viii. PROJECT ELEMENT 8 – REPAIR OF PIPELINE LINER AND COATING SYSTEMS
Repair of Ameron T-Lock® pipeline liner or other liner materials shall be performed by experienced personnel. All repairs to T-Lock® liners shall be in full compliance with OC San master specification section 06620 - Plastic Liner (Polyvinyl Chloride). Repairs to all other pipeline liner and coating systems shall be in compliance with OC San’s master specifications and
procedures. The OC San master specifications are available for review upon request at OC San’s Plant No.1. This scope of work to include provision of all T-Lock® or Arrow-Lock® repair materials or other pipe-liner and coating repair materials and equipment as needed. All confined space entry support for the liner repairs shall be as indicated for Project Elements
1 or 2 above, as applicable.
ix. PROJECT ELEMENT 9 – INCIDENTAL REPAIRS
Perform incidental repairs to OC San assets during the course of condition assessments. Incidental repairs may be performed on components that have failed or are likely to fail within the next 2 to 5 years and such failure
could cause a disruption to the level of service or the asset will experience a significant loss of structural integrity. Incidental repairs may be warranted during the condition assessment to avoid duplication of setup and difficult or high-risk operational conditions. The cost of the incidental repairs performed during a condition assessment Task Order shall not exceed
$49,999. The Contractor shall keep a running total of all billings and expenses so that cost of the incidental repairs for an individual Task Order does not exceed $49,999. OC San will not exceed this figure.
The repairs may include, but not be limited to, abrasive blasting/ultra-high pressure water blasting; coating and lining application and repair; concrete
crack injection; repair of concrete and steel structures; replacement of wear items; mechanical repairs; machining; replacement of valves, repairs to gates, piping, and drains; and welding.
IV. PROJECT MANAGEMENT
The assessment project shall be managed by OC San staff. However, the
Contractor shall manage all support Task Order orders including equipment supply, provision of manpower and other directly supplied or subcontracted services as detailed and shall keep OC San apprised of the status of the support effort for each instance.
The Contractor shall provide the key management and supervisory personnel as
described in their proposal on this project. The Contractor shall not reassign the key project personnel without prior approval of OC San. OC San may request re-assignment of any of the Contractor’s (or subcontractor’s) personnel.
The Contractor shall be responsible for the supervision and management of all subcontractors.
EXHIBIT A 8 of 12 Specification No. S-2021-1255BD
A. PROJECT SCHEDULE
Because the on-call Contractor support is for assessments and incidental repairs, a detailed project schedule is not applicable. However, the Contractor
shall provide the anticipated levels of support as indicated in Project Elements I
through 10 inclusive over the entire contract period. OC San staff will coordinate the planned shutdowns, assessments, and incidental repairs with the Contractor and with OC San operations to ensure that all required resources are available for each Task Order.
For each Task Order, OC San will prepare and issue to the contractor a
“Request for Assessment Support/Incidental Repair” that includes a scope of work, schedule, work duration and a not to exceed amount for the services to be provided. No Task Order shall exceed $99,000, including incidental repairs.
The Contractor shall be capable of responding to OC San Task Order requests
within two calendar days. Delays in responses may be cause for cancelation
of the contract.
This contract may require the Contractor to work schedules outside of the normal OC San business hours. For example, night work is common and weekend hours may also be necessary because of low flow conditions during
these periods.
B. PROJECT DOCUMENTATION
All OC San Projects are divided into five phases. Contractor shall provide support services for all “Project Elements” as listed in Section III of this Scope of Work for the following Phases:
Phase 1 – Project Development (not part of this project)
Phase 2 – Preliminary Design (not part of this project)
Phase 3 – Final Design (not part of this project)
Phase 4 – Construction and Installation Services
Phase 5 – Commissioning Services (not part of this project)
C. CONSTRUCTION AND INSTALLATION SERVICES
Construction and installation services shall be provided by the Contractor on an “as needed” basis to support the corrosion assessments by OC San and perform incidental repairs over the duration of this contract.
D. WORK HOURS/NOISE REQUIREMENTS
When working outside of the property limits of OC San Plants 1 or 2, specific
work hours and nighttime schedules may be imposed by CALTRANS, local cities, the County of Orange, or whoever has jurisdiction. Contractor is required to work within those hours of operation and to provide necessary equipment to meet local noise restrictions that may be imposed.
EXHIBIT A 9 of 12 Specification No. S-2021-1255BD
V. SAFETY AND HEALTH REQUIREMENTS
The Contractor and any Subcontractors shall comply with all applicable provisions of the OC San Safety Standards, Federal OSHA, California OSHA, and local
regulations, whichever is most stringent.
A. INJURY AND ILLNESS PREVENTION PROGRAM
The Contractor shall prepare and submit a written, Injury and Illness Prevention Program (IIPP). The IIPP must address responsibility, compliance, communication, hazard assessment, incident investigation, hazard correction,
and training as required by Title 8, California Code of Regulations, Section
3203. The Contractor shall also prepare and submit safety programs where required by Cal OSHA. These programs may include fall protection, lockout tagout, confined space entry, and hazard communication. The safety plan must be specific to the work being completed and approved prior to the start of
work (includes mobilization).
B. CONTRACTOR SAFETY ORIENTATION
The Contractor shall attend a Contractor Safety Orientation (CSO) meeting prior to the start of work. The CSO is an OC San safety orientation conducted between OC San’s Risk Management Division (safety and health) and the
Contractor. The CSO is conducted once per year or as job conditions or scope
of work changes. The Contractor shall participate in these meetings by providing work plans and other requested safety deliverables described below.
C. JOB SAFETY ANALYSIS (JSA)
The Contractor shall prepare Job Safety Analyses for work Task Order orders
completed by the Contractor. The JSA is a procedure where each basic step
of the work Task Order has identified hazards and recommended controls for the safest way to complete the work Task Order.
D. LOCKOUT TAGOUT (LOTO)
The Contractor shall participate in the OC San LOTO process. OC San will
isolate the structure and associated systems prior to Contractor entry into the
structure. OC San will prepare a written energy control procedure for the structure. OC San will demonstrate hazardous energy has been controlled by walking each isolation point and reviewing the energy control procedure with the Contractor. The Contractor shall apply their own lock and tag to the OC
San lock box upon acceptable and sign the energy control procedure. Each
Contractor employee working in the structure must apply their own lock and tag.
E. CONFINED SPACE ENTRY
The Contractor shall assume the work area will be in an area classified as a
PRCS. The Contractor shall prepare a PRCS Entry Permit, Entry Procedure
and Rescue Plan that describes all procedures, equipment, and methods proposed to be used. A dedicated Rescue Team is required. Calling 911 or
EXHIBIT A 10 of 12 Specification No. S-2021-1255BD
relying on the local fire department for rescue is not acceptable. A ventilation plan is required to be developed by qualified personnel and implemented during any entry into the structure. The Contractor shall monitor the
atmosphere during entry for oxygen, carbon monoxide, flammable gases, and
hydrogen sulfide. The Contractor should not assume any OC San owned equipment is available for Contractor use. All safety support shall be provided for OC San Inspectors or Engineers at the Contractor’s expense. The Contractor shall assume all work areas are classified as a Permit-Required
Confined Space (PRCS). The Contractor is required to have a copy of its
current confined space entry permit at every job site at all times. The OC San inspector or Engineer may shut down the job site at no additional cost to OC San if the permit is not available upon request. While isolation is provided, the Contractor should assume there will be a potential exposure to wastewater.
OC San Risk Management will review submitted Entry Permit, Entry
Procedures, Rescue Plan and Ventilation Plan. If accepted, OC San Risk Management will issue the Contractor a Confined Space JHA authorizing the Contractor for such entry.
F. FALL PROTECTION
Fall protection shall be provided around all openings to protect Contractor
employees and OC San. Fall protection at openings shall consist of a portable guardrail or other suitable barrier to prevent persons from falling to a lower level. Fall protection will be required for personnel when using Contractor provided extension ladders when accessing the structures. Fall protection will
be required when working at heights greater than four feet.
If scaffolding is required, the scaffolding system shall be designed by a scaffold qualified person and erected, inspected and dismantled by a scaffold competent person. The scaffolding shall be supplied by a qualified, experienced scaffolding company. Contractor shall submit scaffold plans prior
to use and must be approved by OC San.
G. HOT WORK
Any activity producing spark, flame, or heat will require an OC San issued hot work permit. The Contractor, depending on the activity, will be required to provide appropriate controls in accordance with OC San’s hot work program.
These controls may include a fire watch, 20-pound fire extinguisher, fire
blankets, and atmospheric monitor.
H. CHEMICAL SAFETY
All chemicals brought onsite shall be accompanied with a safety data sheet (SDS). The Contractor must store and use those chemicals in accordance with
the SDS and manufacturer instructions.
I. TRAINING RECORDS
Contractor shall submit copies of its employee trainings records to Risk Management for retention.
EXHIBIT A 11 of 12 Specification No. S-2021-1255BD
VI. TRAFFIC CONTROL
All traffic control on public rights of way shall be in accordance with the latest
CALTRANS Manual of Traffic Control. Additional local regulations shall have
precedence. Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7-10 of the Standard Specifications for Public Works Construction, 2006 Edition. For work within OC San facilities, traffic control requirements as determined by OC San shall apply.
Contractor shall prepare or purchase traffic control plans, apply for all traffic
control permits and pay all fees and permits for said permits as directed by OC San staff and shall invoice per the attached Cost Proposal Form.
Note: Inadequate or improper signing and delineation for traffic control may be cause for the cancellation of the contract.
VII. SPILL REPORTING AND HANDLING
In the event of any Contractor-related overflow or interruption/backup of customer service, the Contractor shall immediately notify the OC San Control Center at (714) 593-7025 and shall contain and eliminate the overflow.
Workshops with Contractor’s staff may be provided by OC San regarding containment methods.
Contractor shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as of a result of the Contractor’s work.
This is in addition to any and all costs incurred by customers.
Contractor shall also notify the OC San Control Center immediately of any apparent non-Contractor related spills and/or any abnormal conditions.
VIII. RESEALING MANHOLE and VAULT COVERS
Contractor shall reseal all manholes and vaults opened during the course of the
contract that were previously sealed with Calpico #CD-5 duct seal or equal, within 24 hours after work is completed or as directed by OC San staff. Work area around the manhole covers shall be swept clean of all debris after completion of all work at that location.
IX. FOCUS MEETINGS AND DRY RUNS
The Contractor shall prepare for and oversee a focus meeting and a dry run prior to each shutdown and corrosion assessment/incidental repair as directed by OC San staff. The focus meetings and dry runs will serve to share information, discuss technical issues, understand time constraints, receive, and resolve comments, obtain decisions, and receive direction by OC San. These actions
shall insure that potential problems can be anticipated and either avoided or minimized. In addition, these activities will identify any specific equipment or spare parts that shall be required on site prior to the shutdown and subsequent work, so that delays are minimized or avoided for the shutdowns.
EXHIBIT A 12 of 12 Specification No. S-2021-1255BD
X. MANAGEMENT OF SUBCONTRACTORS and SUB-CONSULTANTS
The Contractor shall be responsible for and shall manage the activities of all subcontractors and Sub-consultants utilized under this scope of work.
XI. REQUEST FOR CORROSION ASSESSMENT SUPPORT
For each new assessment support Task Order OC San will prepare and issue a “Request for Assessment Support/Incidental Repair” to the support contractor.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1793 Agenda Date:9/1/2021 Agenda Item No:4.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2, PROJECT NO. FE19-06
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for EPSA Motor Cooling Improvements
at Plant No. 2, Project No. FE19-06;
B. Award a Construction Contract to Mehta Mechanical Company Inc. dba MMC Inc. for EPSA
Motor Cooling Improvements at Plant No. 2, Project No. FE19-06, for a total amount not to
exceed $854,000; and
C. Approve a contingency of $85,400 (10%).
BACKGROUND
Treated wastewater from Orange County Sanitation District (OC San) Plant Nos. 1 and 2 that cannot
be reclaimed is pumped to the ocean through a five-mile-long outfall pipe. This pumping is
accomplished by eight 120-million gallon per day pumps. The Ocean Outfall Booster Pump Station
has five 2600-horsepower pumps, and the Effluent Pump Station Annex (EPSA) has three 3000-
horsepower pumps. EPSA was completed in 2004 to supplement the capacity of the existing five
outfall pumps.
Prior to widespread water conservation and reclamation through the Groundwater Replenishment
System, outfall flows averaged around 240 million gallons per day. Now, discharges to the ocean
average 88 million gallons per day, with minimum hourly flow rates dropping as low as 50 million
gallons per day.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Maintain a proactive asset management program
Orange County Sanitation District Printed on 8/24/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1793 Agenda Date:9/1/2021 Agenda Item No:4.
PROBLEM
At current low,night-time flow rates,an EPSA pump typically operates between 40%and 60%of full
speed.The motor’s air-cooling fans are driven by the motor shaft and provide insufficient air flow
below 65%motor speed causing the motors to overheat.This limits the EPSA pumps availability to
be rotated into service with the other five pumps Ocean Outfall Booster Station pumps.
PROPOSED SOLUTION
Award a Construction Contract for EPSA Motor Cooling Improvements at Plant No.2,Project No.
FE19-06.This project will install five new electrically driven fans on each EPSA pump motor to
maintain air flow at low speeds to prevent motor overheating.This will allow the EPSA pumps to be
operated in rotation with the other five outfall pumps.
TIMING CONCERNS
Until this work is completed,the EPSA pumps cannot be used for service,except during wet weather
events.
RAMIFICATIONS OF NOT TAKING ACTION
The utility of the EPSA pumps is reduced until the cooling improvement are made.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FE19-06 for bids on June 2,2021,and two on-line bids were received
on July 29, 2021. A summary of the bid opening follows:
Engineer’s Estimate $ 835,000
Bidder Amount of Bid
Mehta Mechanical Company Inc.
dba MMC Inc.
$ 854,000
Shimmick Construction Inc.$1,056,060
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
all bidders on August 11,2021,informing them of the intent of OC San staff to recommend award of
the Construction Contract to Mehta Mechanical Company Inc. dba MMC Inc.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder, Mehta Mechanical Company Inc. dba MMC Inc. in an amount not to exceed $854,000.
Orange County Sanitation District Printed on 8/24/2021Page 2 of 3
powered by Legistar™
File #:2021-1793 Agenda Date:9/1/2021 Agenda Item No:4.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301.A Notice of Exemption will be filed with the OC Clerk-Recorder
after OC San Board of Directors approval of the construction contract.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Budget
Update,Fiscal Year 2021-2022,Appendix A,Page A-8,Small Construction Projects Program,Project No.M-FE)and the
budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
SS:dm:gc
Orange County Sanitation District Printed on 8/24/2021Page 3 of 3
powered by Legistar™
C-CA-103020
PART A
CONTRACT AGREEMENT
C-CA-103020
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL CONDITIONS ................................................................. 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION .................................................................................. 9
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 20
SECTION – 18 TERMINATION ............................................................................... 21
SECTION – 19 WARRANTY ................................................................................... 21
SECTION – 20 ASSIGNMENT ................................................................................ 22
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 22
SECTION – 22 SAFETY & HEALTH ....................................................................... 22
SECTION – 23 NOTICES ....................................................................................... 23
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
THIS AGREEMENT is made and entered into, to be effective, this September 29, 2021, by and
between Mehta Mechanical Company Inc. dba MMC Inc., hereinafter referred to as
“CONTRACTOR” and the Orange County Sanitation District, hereinafter referred to as “OCSD”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION – 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions – Definitions.
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 2 of 24
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 3 of 24
directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 4 of 24
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by 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. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 5 of 24
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within three hundred fifty (350) calendar days from the date of
the “Notice to Proceed” issued by OCSD, excluding delays caused or authorized by OCSD as
set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions.
The time for completion includes zero (0) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 6 of 24
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OCSD’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated
Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
CONFORMED C-CA-103020PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Page 7 of 24
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 Eight Hundred Fifty-Four Thousand Dollars
($854,000) 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
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 8 of 24
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.
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.).
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 9 of 24
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by 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.”
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.
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 10 of 24
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft
or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act
shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when
twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the
aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied
with are incorporated herein as a part of this Contract and referred to by reference.
B. General Prevailing Rate:
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
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 11 of 24
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the
employment of apprentices are applicable to this Contract and the CONTRACTOR shall
comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to 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
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 12 of 24
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
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
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 13 of 24
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to 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.
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 14 of 24
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by 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
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 15 of 24
subrogation shall be effective as to any individual or entity, even if such individual or entity (a)
would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the
insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an
insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Four Million
Dollars ($4,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
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.
C-CA-103020 CONFORMED PROJECT NO. FE19-06EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Page 16 of 24
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 limit of
liability coverage:
A combined single limit of One Million Dollars ($1,000,000).
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
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 17 of 24
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to 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 per accident for
bodily injury or disease. If an exposure to Jones Act liability may exist, the insurance
required herein shall include coverage with regard to Jones Act claims.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by 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
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 18 of 24
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by 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.
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 19 of 24
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
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 20 of 24
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
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”.
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 21 of 24
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
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;
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 22 of 24
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.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
[THIS SECTION INTENTIONALLY LEFT BLANK]
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 23 of 24
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager
Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: Mehta Mechanical Company Inc. dba MMC Inc. 5901 Fresca Drive La Palma, CA 90623
Copy to: Jagat S. Mehta, President Mehta Mechanical Company Inc. dba MMC Inc. 5901 Fresca Drive La Palma, CA 90623
[THIS SECTION INTENTIONALLY LEFT BLANK]
C-CA-103020 CONFORMED PROJECT NO. FE19-06EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Page 24 of 24
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Mehta Mechanical Company Inc. dba MMC Inc.
5901 Fresca Drive
La Palma, CA 90623
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 573635 (Expiration Date – 7/31/2022)
OCSD: Orange County Sanitation District
By______________________________
John B. Withers 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
CONFORMED C-EXA-080414 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OCSD’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
C-EXA-080414 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
CONFORMED C-EXA-080414 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 3 of 8
The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or
to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times.
C-EXA-080414 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the
CONFORMED C-EXA-080414 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 5 of 8
changes, and shall submit the revised application for Final Payment. Upon acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after Final Acceptance of the Work by OCSD, 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 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 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.
[This Section Intentionally Left Blank]
CONFORMED C-EXA-080414 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with 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 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Mehta Mechanical Co. Inc. dba MMC Inc.) BF-14 Schedule of Prices, Pages 1-2
Bid Submitted By: __ M_M_c __ rN_c_. __________ _
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit, overhead, etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes. state and/or federal. and any other special taxes. patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C-BF-010521
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Page 1 of 2
Bid Submitted By: MMC INC. ---------:-:-:----
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description No.
1. Mobilization, initial progress payment for all fees, labor, materials, and
equipment required for mobilization, staging area, and surety bonds, and
other activities in conformance with the Contract Documents, for a fixed
amount of:
2. Furnish all labor, materials, and equipment necessary for the completion of
the Contract Work, except for the Work specified for Bid Item 1, in
conformance with the Contract Documents, for a lump sum price of:
TOTAL AMOUNT OF BID (BASIS OF AWARD)
BF-14 SCHEDULE OF PRICES
Page 2 of 2
(Name of Firm)
Unit of Approx Unit Price Extended Price Measurement Qty
I
Lump Sum . = $33,400
---. -... , .: I
= $ ?z.0,600 Lump Sum ~
. •'
$ 854-,000
C-BF-010521
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
i~
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1769 Agenda Date:9/1/2021 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 June
30, 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 for the General Manager to approve
construction change orders and amendments to consulting contracts up to the amount of the
approved contingency. This practice reduces administrative costs, expedites resolution of project
issues that arise, helps avoid contractor delay claims, and facilitates efficient management of many
contracts.
The Engineering Program Contract Performance Report summarizes construction and consulting
contract performance and activities for the quarter ending June 30, 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 June 30, 2021
JM:dm:gc
Orange County Sanitation District Printed on 8/23/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
DATE: August 12, 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 construction contracts
and consultant agreements. This report also identifies the names and status of projects being performed under master budgets for planning studies, research, small construction projects, O&M capital projects, and information technology projects.
Table of Contents
Part 1 – Construction Contracts page 2
Active Construction Contracts Construction Contracts Closed in Last Quarter Cumulative Change Order Rates – Closed Construction Contracts
Part 2 – Engineering Services Agreements page 9
Active Engineering Services Agreements
Active Task Orders by Master Agreement
Part 3 - Master Budget Projects page 14 Planning Studies Status Report Research Program Status Report
Small Construction Projects Program Status Report
Information Technology Capital Program Status Report Operations and Maintenance Capital Program Status Report
Part 4 - Supplemental Engineering Services Contract page 20 Supplemental Engineering Services Contract Status
Supplemental Engineering Services Contract Labor Summary
Page 1
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
PART 1 - CONSTRUCTION CONTRACTS
Table 1 lists the Board-awarded construction contracts active as of June 30, 2021, while Table 2 lists the General Manager-awarded construction contracts. The General Manager may award contracts up to $100,000 and task orders up to $300,000. The graph below shows the number and total value of projects broken down plant and collections.
One Board-awarded construction contracts was closed in this quarter, as listed in Table 3.
Three construction contracts awarded by the General Manager were closed in this quarter, as listed in Table 4.
Active Construction Contracts
Plant Projects
25 Contracts
$568 million Collections Projects
5 Contracts
$105 million
22 unique contractors
Page 2
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 1 ‐ Active Board‐Awarded Construction Contracts as of 6/30/2021
Project / Contract Contractor
Award
Date % Spent
Board Award
Amount Change Orders
Current
Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
2‐72 Newhope‐Placentia Trunk Replacement
2‐72B Newhope‐Placentia Trunk Replacement, Segment B OHL USA, INC.06/15/2018 92% $58,242,000 $3,735,407 $61,977,407 6.5% 10.0% 6.4%3.6%
3‐62 Westminster Blvd Force Main Replacement
3‐62 Westminster Blvd Force Main Replacement Teichert Energy & Utilities Group,
Inc.
12/18/2019 57% $27,743,000 $409,769 $28,152,769 10.0% 10.0% 1.5%8.5%
3‐64 Rehabilitation of Western Regional Sewers
3‐64B Los Alamitos Trunk Sewer Rehabilitation Steve P. Rados, Inc.05/26/2021 0% $17,775,000 $0 $17,775,000 10.0% 10.0% 0.0%10.0%
J‐117 Ocean Outfall System Rehabilitation
J‐117B Outfall Low Flow Pump Station Shimmick Construction Co., Inc. 12/19/2018 33% $90,200,000 $504,722 $90,704,722 8.0% 8.0% 0.6%7.4%
J‐126 Safety Improvements Program
J‐126C NFPA 820 HVAC and Electrical Improvements MMC, Inc.03/05/2019 92%$469,000 $0 $469,000 10.0% 10.0% 0.0%10.0%
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and
2
Innovative Construction Solutions 07/22/2020 7% $745,500 $0 $745,500 10.0% 10.0% 0.0%10.0%
J‐135 Central Generation Engine Overhauls at Plant No. 1 and 2
J‐135A Central Generation Engine Overhaul at Plant No. 1 Cooper Machinery Services LLC 06/08/2021 0% $3,705,932 $0 $3,705,932 20.0% 20.0% 0.0%20.0%
M‐FE Small Construction Projects Program
FE18‐11 Headworks Explosive Gas Monitoring Systems at Plant
No. 1 and No. 2
Baker Electric 01/22/2020 0% $223,984 $0 $223,984 10.0% 10.0% 0.0%10.0%
FE18‐14 Plant Water Pipeline Replacement in Kinnison,
Lindstrom, and Scott Tunnels at Plant No. 2
MMC, Inc.12/16/2020 0% $1,134,000 $0 $1,134,000 15.0% 15.0% 0.0%15.0%
FE18‐15 Plant Boiler System Relief at Plant No. 2 MMC, Inc.04/21/2021 0% $230,000 $0 $230,000 15.0% 15.0% 0.0%15.0%
FE18‐19 12KV Distribution B and East RAS Pump Station Roofing
Replacement
O'Connell Engineering &
Construction, Inc.
05/27/2020 46% $674,800 $16,664 $691,464 10.0% 10.0% 2.5%7.5%
M‐FR‐880 Master Operationally Funded
MP‐105 P2 CENGEN Steam Turbine Rehabilitation Dresser‐Rand 03/25/2018 64%**$484,220 $0 $484,220 20.0% 20.0% 0.0%20.0%
MP‐638 Activated Sludge Plant Clarifier Inlet Gate Replacement
at Plant No. 2
Innovative Construction Solutions 12/18/2019 83% $658,300 $0 $658,300 10.0% 10.0% 0.0%10.0%
MP‐305 Cengen Supply Air Fan Support Replacement at Plant
No. 2
J.R. Filanc Construction Company,
Inc.
12/16/2020 0% $297,000 $0 $297,000 15.0% 15.0% 0.0%15.0%
FR1‐0007 Control Center Offices and Day Training Room
Remodeling at Plant No. 1
Thomas Solar Energy 05/26/2021 0% $256,790 $0 $256,790 10.0% 10.0% 0.0%10.0%
FR2‐0013 P2 Trickling Filter Sludge Pump Room Exhaust Fan
Relocation at Plant No.2
MMC, Inc.04/21/2021 0% $184,000 $0 $184,000 20.0% 20.0% 0.0%20.0%
FRC‐0002 Bay Bridge Pump Station Valve Replacement Innovative Construction Solutions 11/18/2020 44% $598,000 $0 $598,000 10.0% 10.0% 0.0%10.0%
FRC‐0004 Seal Beach Pump Station Isolation Valve Replacement J.R. Filanc Construction Company,
Inc.
12/16/2020 0% $466,830 $0 $466,830 20.0% 20.0% 0.0%20.0%
M‐SM‐CAP Operations & Maintenance Capital Program
SC19‐03 Return Activated Sludge Pump Station Elevator
Rehabilitation at Plant No. 2
OTIS 12/16/2020 0% $432,400 $0 $432,400 20.0% 20.0% 0.0%20.0%
P1‐105 Headworks Rehabilitation at Plant 1
P1‐105 Headworks Rehabilitation at Plant 1 Kiewit Infrastructure West Co. 02/24/2021 0% $222,330,000 $0 $222,330,000 4.0% 4.0% 0.0%4.0%
P1‐128 Headquarters Complex
P1‐128C Headquarters Complex Site Preparation Resource Environmental, Inc. 07/01/2020 96% $1,555,000 $0 $1,555,000 10.0% 10.0% 0.0%10.0%
P1‐128A Headquarters Complex at Plant No. 1 Swinerton Builders 05/26/2021 0% $102,544,973 $0 $102,544,973 5.0% 5.0% 0.0%5.0%
P1‐135 Digester Ferric Chloride Piping Replacement at Plant No. 1
P1‐135 Digester Ferric Chloride Piping Replacement at Plant
No. 1
PPM Contracting (PPM)02/02/2021 0% $515,000 $0 $515,000 10.0% 10.0% 0.0%10.0%
Page 3
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 1 ‐ Active Board‐Awarded Construction Contracts as of 6/30/2021
Project / Contract Contractor
Award
Date % Spent
Board Award
Amount Change Orders
Current
Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
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 $9,093,356 10.0% 10.0% 4.9%5.1%
P2‐98A A‐Side Primary Clarifiers Replacement at Plant 2 PCL CONSTRUCTION, INC. 05/26/2021 0% $111,405,880 $0 $111,405,880 6.0% 6.0% 0.0%6.0%
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final
Expansion
Shimmick Construction Co., Inc. 01/22/2020 30% $14,487,735 $276,841 $14,764,576 10.0% 10.0% 1.9%8.1%
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 43% $6,042,110 $132,139 $6,174,249 10.0% 10.0% 2.2%7.8%
Total $672,066,454 $5,503,898 $677,570,352
** Original Award was $245,424, and later amended to $484,220 with a contingency reduction by Board Action on 4/22/20
Page 4
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 2 ‐ Active GM‐Awarded Construction Contracts and Task Orders as of 6/30/2021
Project / Contract Contractor
Award
Date % Spent
Original Award
Amount Change Orders
Current
Contract
Amount
Change Order
Rate
Operationally Funded Projects
FR1‐0010 Laboratory Building Roof Repair at Plant No 1 J.R. Filanc Construction Company,
Inc.
1/19/21 0% $88,283 $0 $88,283 0.0%
FR2‐0019 Digester O Repairs at Plant No. 2 Jamison Engineering 8/28/20 60% $131,000 $0 $131,000 0.0%
FR2‐0021 Boilers Retubing at Plant 2 RF MacDonald 2/8/21 0% $51,250 $0 $51,250 0.0%
Total $270,533 $0 $270,533
Page 5
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 3 ‐ Board‐Awarded Construction Contracts Closed in Last Quarter
Project / Contract Contractor
Date
Closed Award Date
Board Award
Amount Change Orders
Final Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Unused
Contingency
J‐126 Safety Improvements Program
J‐126JK Stairs, Hatches, Walkway Hazards, Ladders,
Guardrails, Roof Fall Protection
Olsson Construction, Inc. PLANT 10/24/2018 $3,637,601 $266,283 $3,903,884 10.0% 10.0% 7.3%2.7%
Total $3,637,601 $266,283 $3,903,884
Page 6
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 4 ‐ GM‐Awarded Construction Contracts and Task Order Closed in Last Quarter
Project / Contract Contractor
Date
Closed Award Date
Original Award
Amount Change Orders
Final Contract
Amount
Final Change
Order Rate
M‐FE Small Construction Projects Program
FE19‐09 Newhope ‐ Placentia Trunk Grade Separation
Replacement Repairs
Charles King Company, Inc. 6/29/21 9/21/20 $298,850 $0 $298,850 0.0%
Operationally‐Funded Projects
FR2‐0019 Digester O Repairs at Plant No. 2 Jamison Engineering 4/23/21 8/28/20 $131,000 $14,450 $145,450 11.0%
FRC‐0008 East Lido Forcemain Repair W.A. Rasic Construction
Company
5/21/21 4/6/21 $129,721 ($3,320)$126,401 ‐2.6%
Total $559,571 $11,130 $570,701
Page 7
Engineering Program
Contract Performance Report
For the Period Ending June 30, 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.
Page 8
~SAN
ORANGE COUNTY SANITATION DISTRICT
12.00%
11.00%
10.00%
9.00%,
8.00%
7.00%
6.00%
5.00"/4
4.00%
3.00"/4
2.00%
N 0 ~ C1
g N 0 00 0 C1 ~ C1
g N g 0 ~ 0 0 M M C1 C1 C1
Cumulative Change Order Rates
Closed Construction Contracts
-All
-collections
-Plant
N g N g N g N g N s:-N g N 0 0 0 0 0 0 0 0 M ::1 N N ro ro -=- -=-
11'1 11'1 ID ID ,._
M a M M M M M M M M M M C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1
g N g N g N g N g 0 0 0 0 ,._ 00 00 Q'\ Q'\ 0 0 ,;j ,;j M M M M M N N C1 C1 C1 C1 C1 C1 C1 C1 C1
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
PART 2 – ENGINEERING SERVICES AGREEMENTS
OC San engages engineering consultants through Professional Service Agreements (PSAs), Professional Design Services Agreements (PDSAs), Professional Construction Services Agreements (PCSAs), and Master Professional Services Agreements (Master Agreements). PDSAs are used to obtain design engineering services, and PCSAs are a
subsequent agreement with the design consultant to provide support services during
construction. PSAs are used for planning studies and other consultant assignments. There are currently 18 firms with active engineering services agreements, not including firms with Master Agreements.
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects.
On those smaller projects, OC San solicits task order proposals from three or four of the
firms and awards a task order to the most qualified consultant. There are currently four sets of Master Agreements.
2012 Master Design Agreements (expired)
2017 Master Agreements for Wastewater Treatment Planning Studies (expired)
2018 Master Design Agreements (expired)
2020 Master Agreements for On-Call Planning Studies
2021 Master Design Agreements
The two Master Design Agreement from 2012 and 2018, and the 2018 Master Agreements for Wastewater Planning Studies have expired, meaning no new task orders
can be issued under them, but previously-issued task orders remain active until
completed. The 2021 Master Design Agreement became effective on July 1st, but no task orders have been issued yet. Task Orders are limited by OC San Ordinance No. OCSD-52 to $300,000 per task order.
A status table for all Active Engineering Services Agreements (PDSAs and PCSAs) is
attached under Table 5, and a status table for all Active Task Orders by Master
Agreement is attached under Table 6 (Master Agreements).
Page 9
~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 5 ‐ Active Engineering Services Agreements as of 6/30/2021
Project / Contract Type Consultant
Award
Date % Complete
Board Award
Amount Amendments
Current Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
2‐49 Taft Branch Improvements
2‐49 Taft Branch Improvements PDSA Woodward and Curran 02/03/2021 0% $2,200,000 $26,000 $2,226,000 10.0% 10.0% 1.2% 8.8%
2‐72 Newhope‐Placentia Trunk Replacement
2‐72 Newhope‐Placentia Trunk Replacement PCSA Lee & Ro 03/23/2016 22% $3,253,946 $0 $3,253,946 10.0% 10.0% 0.0% 10.0%
3‐62 Westminster Blvd Force Main Replacement
3‐62 Westminster Blvd Force Main Replacement PCSA Stantec Consulting Services, Inc. 12/18/2019 11% $1,183,000 $0 $1,183,000 10.0% 10.0% 0.0% 10.0%
3‐64 Rehabilitation of Western Regional Sewers
3‐64 Rehabilitation of Western Regional Sewers PDSA AECOM Technical Services, Inc. 01/27/2016 63% $17,639,250 $195,850 $17,835,100 10.0% 10.0% 1.1% 8.9%
3‐64B Los Alamitos Trunk Sewer Rehabilitation PCSA AECOM Technical Services, Inc. 05/26/2021 0%$610,000 $0 $610,000 10.0% 10.0% 0.0% 10.0%
3‐67 Seal Beach Pump Station Replacement
3‐67 Seal Beach Pump Station Replacement PDSA Lee & Ro 11/20/2019 26% $5,947,850 $0 $5,947,850 10.0% 10.0% 0.0% 10.0%
5‐67 Bay Bridge Pump Station Replacement
5‐67 Bay Bridge Pump Station Replacement PDSA Arcadis US Inc.10/25/2017 10% $7,137,000 $1,750,315 $8,887,315 10.0% 35.0% 24.5% 10.5%
5‐68 Newport Beach Pump Station Pressurization Improvements
5‐68 Newport Beach Pump Station Pressurization
Improvements
PDSA Dudek 05/06/2020 26% $542,988 $0 $542,988 10.0% 10.0% 0.0% 10.0%
7‐65 Gisler ‐ Red Hill Interceptor Rehabilitation
7‐65 Gisler ‐ Red Hill Interceptor Rehabilitation PDSA CDM Smith Inc.09/23/2020 13% $1,754,000 $14,739 $1,768,739 10.0% 10.0% 0.8% 9.2%
7‐66 Sunflower and Red Hill Interceptor Repairs
7‐66 Sunflower and Red Hill Interceptor Repairs PDSA GHD 09/25/2019 73% $308,712 $14,548 $323,260 10.0% 10.0% 4.7% 5.3%
7‐68 MacArthur Force Main Improvements
7‐68 MacArthur Force Main Improvements PDSA Michael Baker International, Inc. 05/26/2021 0%$500,000 $0 $500,000 10.0% 10.0% 0.0% 10.0%
J‐117 Ocean Outfall System Rehabilitation
J‐117B Outfall Low Flow Pump Station PCSA Brown and Caldwell 12/19/2018 32% $8,563,913 $346,857 $8,910,770 10.0% 10.0% 4.1% 5.9%
J‐124 Digester Gas Facilities Replacement
J‐124 Digester Gas Facilities Replacement PDSA Brown and Caldwell 11/15/2017 70% $11,770,000 $903,117 $12,673,117 10.0% 10.0% 7.7% 2.3%
J‐126 Safety Improvements Program
J‐126 Safety Improvements Program PDSA Arcadis 08/29/2016 89% **$3,040,000 $0 $3,040,000 10.0% 10.0% 0.0% 10.0%
J‐98 Electrical Power Distribution System Improvements
J‐98 Electrical Power Distribution System Improvements PDSA Brown and Caldwell 01/29/2020 22% $2,240,000 $0 $2,240,000 10.0% 10.0% 0.0% 10.0%
M‐RESEARCH ‐ Research Program
RE17‐02 Biogas Scrubber Evaluation PSA Carollo Engineers, Inc.04/21/2017 88% $656,783 $63,097 $719,880 15.0% 15.0% 9.6% 5.4%
M‐STUDIES Planning Studies Program
PS15‐02 Edinger Pump Station Rehabilitation Study PSA Lockwood, Andrews & Newman, Inc. 11/09/2017 78% $505,042 $0 $505,042 10.0% 10.0% 0.0% 10.0%
PS17‐03 Active Fault Location Study at Plant No. 2 PSA Lettis Consultants International, Inc. 03/06/2019 41% $868,286 $12,500 $880,786 10.0% 10.0% 1.4% 8.6%
PS18‐09 Ocean Outfall Condition Assessment and Scoping
Study
PSA Carollo Engineers, Inc.03/25/2020 51% $2,744,000 $0 $2,744,000 10.0% 10.0% 0.0% 10.0%
P1‐101 Sludge Dewatering and Odor Control at Plant 1
P1‐101 Sludge Dewatering and Odor Control at Plant 1 PCSA HDR Engineering, Inc.06/28/2012 99% $7,140,000 $2,453,653 $9,593,653 8.0% 35.0% 34.4%0.6%
P1‐105 Headworks Rehabilitation at Plant 1
P1‐105 Headworks Rehabilitation at Plant 1 PCSA Carollo Engineers, Inc.03/02/2021 0% $16,500,000 $0 $16,500,000 10.0% 10.0% 0.0% 10.0%
P1‐105 Headworks Rehabilitation at Plant 1 PDSA Carollo Engineers, Inc.05/27/2015 95% $17,528,957 $8,059,598 $25,588,555 10.0% 51.0% 46.0% 5.0%
P1‐128 Headquarters Complex
P1‐128 Headquarters Complex PDSA HDR Engineering, Inc.06/22/2016 8% $11,785,709 $1,148,553 $12,934,262 10.0% 10.0% 9.7% 0.3%
P1‐128C Headquarters Complex Site Preparation PCSA HDR Engineering, Inc.07/01/2020 15% $178,000 $0 $178,000 10.0% 10.0% 0.0% 10.0%
P1‐128A Headquarters Complex at Plant No. 1 PCSA HDR Engineering, Inc.05/26/2021 0% $4,900,000 $0 $4,900,000 10.0% 10.0% 0.0% 10.0%
P1‐128A Headquarters Complex at Plant No. 1 PSA AECOM Technical Services, Inc. 04/28/2021 0% $6,750,000 $0 $6,750,000 10.0% 10.0% 0.0% 10.0%
P1‐129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1
P1‐129 Return Activated Sludge Piping Replacement at
Activated Sludge Plant No. 1
PCSA AECOM Technical Services, Inc. 07/24/2019 86% $140,000 $0 $140,000 10.0% 10.0% 0.0% 10.0%
P1‐132 Uninterruptable Power Supply Improvements at Plant 1
P1‐132 Uninterruptable Power Supply Improvements at
Plant 1
PDSA Tetra Tech, Inc.10/23/2019 44% $784,680 $0 $784,680 10.0% 10.0% 0.0% 10.0%
P1‐133 Primary Sedimentation Basins No. 6‐31 Reliability Improvements at Plant No. 1
P1‐133 Primary Sedimentation Basins No. 6‐31 Reliability
Improvements at Plant No. 1
PDSA Carollo Engineers, Inc.09/25/2019 78% $1,219,667 $0 $1,219,667 10.0% 10.0% 0.0% 10.0%
P2‐92 Sludge Dewatering and Odor Control at Plant 2
P2‐92 Sludge Dewatering and Odor Control at Plant 2 PCSA Brown and Caldwell 12/17/2014 94% $4,798,328 $0 $4,798,328 10.0% 10.0% 0.0% 10.0%
Page 10
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 5 ‐ Active Engineering Services Agreements as of 6/30/2021
Project / Contract Type Consultant
Award
Date % Complete
Board Award
Amount Amendments
Current Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
P2‐98 Primary Treatment Rehabilitation at Plant No. 2
P2‐98 Primary Treatment Rehabilitation at Plant No. 2 PDSA Black & Veatch 07/27/2016 47% $18,141,423 $1,593,582 $19,735,005 10.0% 10.0% 8.8% 1.2%
P2‐98A A‐Side Primary Clarifiers Replacement at Plant 2 PCSA Black & Veatch 05/26/2021 0% $8,400,000 $0 $8,400,000 10.0% 10.0% 0.0% 10.0%
P2‐98B B/C‐Side Primary Clarifiers Interim Repair at Plant 2 PCSA Black & Veatch 01/23/2019 42% $549,534 $0 $549,534 10.0% 10.0% 0.0% 10.0%
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
P2‐122 Headworks Modifications at Plant No. 2 for GWRS
Final Expansion
PCSA CDM Smith Inc.01/15/2020 23% $2,200,000 $0 $2,200,000 10.0% 10.0%0.0% 10.0%
P2‐123 Return Activated Sludge Piping Replacement at Plant 2
P2‐123 Return Activated Sludge Piping Replacement at Plant
2
PCSA SPEC Services, Inc.09/25/2019 62% $252,329 $0 $252,329 10.0% 10.0% 0.0% 10.0%
P2‐124 Interim Food Waste Receiving Facility
P2‐124 Interim Food Waste Receiving Facility PDSA Kennedy/Jenks Consultants 09/05/2018 100% $695,000 $31,168 $726,168 10.0% 10.0% 4.5% 5.5%
P2‐126 Warehouse, Electrical Substation and 12kV Service Center Replacement at Plant No. 2
P2‐126 Warehouse, Electrical Substation and 12kV Service
Center Replacement at Plant No. 2
PDSA Stantec Consulting Services, Inc. 11/18/2020 0% $4,876,455 $92,760 $4,969,215 10.0% 10.0% 1.9% 8.1%
P2‐128 TPAD Digester Facility at Plant 2
P2‐128 TPAD Digester Facility at Plant 2 PDSA Brown and Caldwell 06/23/2020 4% $39,300,000 $0 $39,300,000 10.0% 10.0% 0.0% 10.0%
SP‐196 Process Control Systems Upgrades Study
SP‐196 Process Control Systems Upgrades Study PSA Stantec Consulting Services, Inc. 03/01/2018 76% $1,389,866 $108,966 $1,498,832 10.0% 10.0% 7.8% 2.2%
Operationally Funded Projects
FR1‐0007 Control Center Offices and Day Training Room
Remodeling at Plant No. 1
PSA AECOM Technical Services, Inc. 01/15/2020 8%$81,351 $0 $81,351 0.0% 0.0% 0.0% 0.0%
Total $219,076,069 $16,815,303 $235,891,372
** Original Award was $1,540,000, and later amended to $3,040,000 by Board Action
Page 11
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 6 ‐ Active Task Orders by Master Agreement as of 6/30/2021
Master Agreement / Project Consultant Award Date
Original Task
Order Value Amendments Current Task
Order Value
2012 Master Professional Design Service Agreements (Expired)
FE10‐21 Area 02 Craig Regional Park Manhole Improvements GHD 10/8/2012 $58,440 $41,560 $100,000
2017 Master Agreements for Wastewater Treatment Planning Studies
PS18‐11 ETAP Model Updates for Plant Nos 1 and 2 Brown and Caldwell 3/17/2020 $227,412 $0 $227,412
PS19‐03 Laboratory Rehabilitation Feasibility Study HDR Engineering, Inc. 10/20/2020 $274,888 $0 $274,888
2018 Master Professional Design Service Agreements
FR2‐0013 Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No. 2 AECOM 11/6/2019 $75,120 $0 $75,120
FE19‐02 Cengen Plant Water Pipe Replacement at Plant No. 1 AECOM 04/30/2020 $156,498 $0 $156,498
FE19‐11 Primary Clarifiers Nos. 6‐31 Lighting and Alarm Improvements at Plant No. 1 AECOM 9/15/2020 $226,685 $6,137 $232,822
FE19‐13 VFD Replacements at Seal Beach Pump Station AECOM 3/12/2021 $78,033 $0 $78,033
FE20‐01 Wastehauler Station Safety and Security Improvements AECOM 3/12/2021 $161,012 $0 $161,012
FR2‐0022 Digester O Structural Repairs at Plant No. 2 AECOM 4/6/2021 $46,115 $0 $46,115
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2 Black & Veatch 1/21/2019 $271,964 $28,036 $300,000
FE19‐03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Black & Veatch 9/1/2020 $244,728 $0 $244,728
FR1‐0011 VFD Replacements at Plant No. 1 Black & Veatch 3/30/2021 $283,000 $0 $283,000
FE18‐14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant
No. 2 Dudek 11/6/2019 $108,308 $0 $108,308
P1‐135 Digester Ferric Chloride Piping Replacement at Plant No. 1 Dudek 2/19/2020 $127,174 $0 $127,174
FE20‐04 Cengen Cooling Water Pipe Replacement at Plant No. 2 Dudek 5/18/2021 $240,000 $0 $240,000
FE20‐08 Olive Sub‐Trunk Siphon Rehabilitation at Santa Ana River Dudek 6/15/2021 $240,000 $0 $240,000
FE18‐16 Truck Loading Basement Drain Modifications at Plant No. 1 GHD, Inc.12/4/2019 $70,130 $18,365 $88,495
FE18‐13 Redhill Relief Sewer Relocation at State Route 55 GHD, Inc.3/27/2020 $168,612 $54,883 $223,495
FE19‐10 Digesters C, D, F, G, and I Gas Balance Lines Replacement at Plant No. 2 GHD, Inc.1/19/2021 $25,000 $21,000 $46,000
FE20‐07 Santa Ana Trunk Rehabilitation at Plant No. 1 GHD, Inc.5/4/2021 $100,625 $0 $100,625
Page 12
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 6 ‐ Active Task Orders by Master Agreement as of 6/30/2021
Master Agreement / Project Consultant Award Date
Original Task
Order Value Amendments Current Task
Order Value
FE20‐03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1 GHD, Inc. 6/15/2021 $249,000 $0 $249,000
FRC‐0009 Bitter Point Trunk Sewer Repair at Bitter Point Pump Station GHD, Inc.6/15/2021 $159,451 $0 $159,451
FE18‐19 12KV Distribution Center B and East RAS Pump Station Roof Replacement HDR Engineering, Inc. 09/16/2019 $74,771 $8,672 $83,443
FE18‐20 Blower Building No. 1 Air Compressors at Plant No. 1 HDR Engineering, Inc. 8/18/2020 $243,954 $0 $243,954
FE20‐02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 HDR Engineering, Inc.3/2/2021 $188,212 $0 $188,212
FE18‐15 Plant Boiler System Relief at Plant No. 2 IDS Group, Inc.10/22/2019 $23,299 $0 $23,299
FE18‐06 CenGen Instrument Air Compressors Replacement at Plant No. 1 and No. 2 IDS Group, Inc.04/28/2020 $89,876 $0 $89,876
FE19‐06 EPSA Motor Cooling Improvements at Plant No. 2 IDS Group, Inc.05/05/2020 $88,206 $0 $88,206
FE20‐09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2 IDS Group, Inc.6/15/2021 $63,275 $0 $63,275
FE20‐05 Plant Water Piping Replacement at Secondary Clarifiers 1‐26 at Plant No. 1 IDS Group, Inc.6/15/2021 $186,626 $0 $186,626
2020 Master Agreements for On‐Call Planning Studies
PS20‐04 Power Generation Overhaul Feasibility Study Brown and Caldwell 4/6/2021 $122,748 $0 $122,748
RE20‐02 Chemical Resilience Study Hazen and Sawyer 6/1/2021 $278,784 $0 $278,784
Total $4,951,946 $178,653 $5,130,599
Page 13
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
PART 3 – MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2018-19 and 2019-20 includes master program budgets that allow staff to more quickly initiate, execute, and manage smaller projects that fit within the scope of a particular program. The projects chartered under these program budgets are referred to as sub-projects and are managed to the same
standards as projects specifically listed in the adopted budget. A status table for each of
these programs listing the sub-projects is attached.
Master Program Title Status Table
Planning Studies Program Table 7
Research Program Table 8
Small Construction Projects Program Table 9
Information Technology Capital Program Table 10
Operations & Maintenance Capital Program Table 11
Page 14
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Project Number Project Name Status Allocated Budget
PS15‐02 Edinger Pump Station Rehabilitation Study Active 971,000$
PS16‐02 SCE Feed Reliability Improvements Study Active 293,000$
PS17‐03 Active Fault Location Study at Plant No. 2 Active 1,300,000$
PS17‐08 CEQA ‐ Facilities Master Plan Closed 999,966$
PS18‐06 Go/No‐Go Lights and Signage Active 495,000$
PS18‐09 Ocean Outfall Condition Assessment and Scoping Study Active 3,340,000$
PS18‐11 ETAP Model Updates for Plant Nos 1 and 2 Active 428,000$
PS19‐03 Laboratory Rehabilitation Feasibility Study Active 450,000$
PS20‐01 O&M Complex and Collections Yard Relocation at Plant No. 2 Active 375,000$
PS20‐02 Collection System Flow Level Monitoring Study Active 575,000$
PS20‐03 Truck Loading Bay Odor Control Improvements Study at Plant No. 2 Active 200,000$
PS20‐04 Power Generation Overhaul Feasibility Study Active 200,000$
PS20‐05 Cen Gen Pressure Vessel Integrity Assessment at Plant Nos. 1 & 2 Active 400,000$
PS20‐07 College Pump Station Wet Well Condition Assessment Study Active 200,000$
PS20‐08 Euclid Trunk Sewer Hydraulic Modeling and Odor Control Analyses Active 500,000$
PS20‐09 Thickening & Dewatering Plant Water Study at Plant No. 1 Active 400,000$
Grand Total 11,126,966$
Number of Chartered Projects 16
Board Approved Program Budget 28,652,000$
Remaining Unallocated Budget 17,525,034$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 7 ‐ Planning Studies Status Report
Page 15
Project Number Project Name Status Allocated Budget
RE17‐02 Biogas Scrubber Evaluation Active 865,000$
RE19‐01 Primary Scum Equipment Evaluation at Plant No. 1 Active 69,853$
RE20‐01 Co‐Thickened Sludge Density Meter Trial atl Plant No. 1 Active 121,000$
RE20‐02 Chemical Resilience Study at Plant No.1 and 2 Active 329,996$
RE20‐04 Holding Digester 6 Solids Shredder Study at Plant No. 1 Active 95,000$
RE20‐06 Co‐Thickened Sludge Pump Trial at Plant No. 1 Active 160,000$
Grand Total 1,640,849$
Number of Chartered Projects 6
Board Approved Program Budget 8,500,000$
Remaining Unallocated Budget 6,859,151$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 8 ‐ Research Program Status Report
Page 16
Project Number Project Name Status Allocated Budget
FE10‐21 Area 02 Craig Regional Park Manhole Improvements Active 1,359,000$
FE14‐05 Plant No. 1 Fleet Services UST Leak Remediation Active 1,487,311$
FE15‐07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Closed 2,800,988$
FE17‐01 Carbon Canyon Pipeline Sag Repairs Active 873,000$
FE17‐03 Battery Storage System at Plant No. 1 Active 650,000$
FE17‐05 Plant 1 ICS Network Extension Active 950,000$
FE18‐06 CenGen Instrument Air Compressors Replacement at Plant No. 1 Active 1,450,000$
FE18‐08 West Trunk Bypass Sewer Realignment Active 158,000$
FE18‐11 Headworks Explosive Gas Monitoring Systems at Plant No. 1 and No. 2 Active 470,000$
FE18‐12 Erosion Control at Santa Ana River and Hamilton Ave Active 330,000$
FE18‐13 Redhill Relief Sewer Relocation at State Route 55 Active 2,840,000$
FE18‐14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2 Active 1,895,000$
FE18‐15 Plant Boiler System Relief at Plant No. 2 Active 465,000$
FE18‐16 Truck Loading Basement Drain Modifications at Plant No. 1 Active 592,000$
FE18‐17 Trunkline Sampler Power Feed at Plant No 2 Active 248,993$
FE18‐19 12KV Distribution B and East RAS Pump Station Roofing Replacement Active 1,188,000$
FE18‐20 Blower Building No. 1 Air Compressors at Plant No. 1 Active 1,200,000$
FE19‐01 Pump Station Portable Generator Connectors Active 2,570,000$
FE19‐02 Cengen Plant Water Pipe Replacement at Plant No. 1 Active 2,250,000$
FE19‐03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Active 3,200,000$
FE19‐04 Sunflower Pump Replacement at Plant No. 1 Active 6,300,000$
FE19‐06 EPSA Motor Cooling Improvements at Plant No. 2 Active 1,475,000$
FE19‐08 Secondary Treatment VFD Replacements at Plant No. 2 Active 3,337,000$
FE19‐09 Newhope ‐ Placentia Trunk Grade Separation Replacement Repairs Active 500,000$
FE19‐10 Digesters C, D, F, G and I Gas Balance Lines Replacement at Plant No. 2 Active 300,000$
FE19‐11 Primary Clarifiers Nos. 6‐31 Lighting and Alarm Improvements at Plant No. 1 Active 1,250,000$
FE19‐12 Rebuild Shop Fume Extractor Installation at Plant No 1 Active 445,000$
FE19‐13 VFD Replacements at Seal Beach Pump Station Active 690,000$
FE20‐01 Wastehauler Station Safety and Security Improvements Active 830,000$
FE20‐02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 Active 2,800,000$
FE20‐03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1 Active 4,250,000$
FE20‐04 Cengen Cooling Water Pipe Replacement at Plant No. 2 Active 3,500,000$
FE20‐05 Plant Water Piping Replacement at Secondary Clarifiers 1‐26 at Plant No. 1 Active 1,545,000$
FE20‐06 Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1 Active 1,500,000$
FE20‐07 Santa Ana Trunk Rehabilitation at Plant No. 1 Active 1,240,000$
FE20‐08 Olive Sub‐Trunk Siphon Rehabilitation at Santa Ana River Active 1,850,000$
FE20‐09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2 Active 600,000$
FE20‐10 Adolfo Lopez Chemical Dosing Station Installation Active 1,000,000$
Grand Total 60,389,292$
Number of Chartered Projects 38
Board Approved Program Budget 90,000,000$
Remaining Unallocated Budget 29,610,708$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 9 ‐ Small Construction Projects Program Status Report
Page 17
Project Number Project Name Status Allocated Budget
IT16‐11 Business Continuity Plan Closed 117,600$
IT17‐06 Printer Obsolescence Closed 335,141$
IT17‐07 Safety Management Suite Closed 95,900$
IT17‐10 Electronic Operator Round Form Active 45,000$
IT17‐12 Sever/Network Power Improvements Active 90,000$
IT17‐14 Specialized Application Programing & Support Closed 114,296$
IT18‐03 Timecard Systems Upgrade Closed 78,696$
IT18‐09 Records Management Information System Active 150,000$
IT18‐10 Board Services Management System Closed 50,596$
IT19‐01 IT Safety VPP Systems (IT19‐01)Active 210,000$
IT19‐05 IT P1 & P2 Data Refresh (IT19‐05)Active 500,000$
IT20‐04 Cyber Security Program (IT20‐04) 6520004 Active 150,000$
IT20‐05 Client Management Modernization (ICE‐69_IT20‐05) 6520005 Active 99,000$
IT20‐06 Nintex Workflow Cloud Implementation (ICE‐75_IT20‐06) 6520006 Active 350,000$
IT20‐07 Professional Services for Valo/SharePoint (ICE‐74_IT20‐07) 6520007 Active 100,000$
IT20‐08 Field Computer for Nerissa and Interface with LIMS(ICE‐68_IT20‐07) 6520008 Active 121,000$
IT20‐09 ITSM Migration (ICE‐70_IT20‐09) 6520009 Active 275,000$
IT20‐10 Digitize Quality Assurance Tracking Processes /TNI/ELAP StandardsICE‐76_IT20‐10) 6520010 Active 145,700$
IT20‐11 Sewer Agency Fee System 2 (SAFS 2) Upgrade (ICE‐77 IT20‐11) 6520011 Active 42,042$
IT20‐12 Web‐based Cloud Proxy Security with an Isolation Platform (ICE‐78_6520012)Active 50,000$
Grand Total 3,119,971$
Number of Chartered Projects 20
Board Approved Program Budget 10,000,000$
Remaining Unallocated Budget 6,880,029$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 10 ‐ Information Technology Capital Program Status Report
Page 18
Project Number Project Name Status Allocated Budget
MP‐276‐1 Central Generation Engine Overhauls at Plant No. 1 and Plant No. 2 Active 5,900,000$
SC17‐01 CENGEN #1 Elevator Rehab Active 110,020$
SC17‐03 CenGen Oil Filter Platform Active 275,000$
SC18‐01 P1 Primary Clarifier Fall Protection Improvements Active 50,000$
SC18‐05 P1 Laboratory HVAC Boiler Burner Replacement At Plant No.1 Active 455,000$
SC18‐08 MacArthur Pump Station ‐ FM Valve Replacement Active 71,068$
SC18‐09 Admin Bldg UPS System Replacement Active 81,332$
SC19‐02 Truck Loading‐Conveyors 3&6 (SC19‐02)Active 205,300$
SC19‐03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No. 2 Active 890,000$
SC19‐05 as the Lido PS UPS Replacement Active 55,000$
SC19‐06 EPSA Standby Power Generator Control Upgrades at Plant No. 2 Active 1,600,000$
SC19‐07 Sunflower Pump Station Gearbox Swing Unit Purchase Active ‐$
SC20‐02 Ocean Outfall Booster Station Elevator Rehabilitation Active 410,000$
Grand Total 10,102,720$
Number of Chartered Projects 13
Board Approved Program Budget 15,622,000$
Remaining Unallocated Budget 5,519,280$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 11 ‐ Operations & Maintenance Capital Program Status Report
Page 19
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
PART 4 – SUPPLEMENTAL ENGINEERING SERVICES CONTRACT
In May 2016, OC San Board of Directors approved a $41 million professional services agreement with Jacobs Project Management Co. to provide supplemental engineering and support staff services for a four-year term with the option of three one-year renewals. The benefits of using a supplemental engineering services contract, as opposed to hiring
full-time staff or limited-term employees, include rapid mobilization of highly
skilled/technical staff, flexibility to change the mix of staff positions on an immediate and as-needed basis, the ability to reduce staff as workloads decrease, access to technical experts to support special tasks, and access to staff with wastewater project experience.
A status table for the supplemental engineering services contract summary is attached
under Table 12, and the supplemental engineering services labor summary can be
found under Table 13.
Table 12 – Supplemental Engineering Services Contract Status
Total Fees Time
Contract $41,000,000 86 months
(1)
Actuals to Date $25,919,471 63% 62 months 72%
Remaining $15,080,529 37% 24 months 28%
(1) Assuming two more 1‐year extensions
Table 13 ‐ Supplemental Engineering Services Labor Summary
This Quarter Inception to Date
Labor Hours 7,790 192,002
Full Time Equivalents 17.3 20.6
Labor Costs (no expenses) $1,147,541 $25,395,761
Average Hourly Rate $147 $132
Page 20
C~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1808 Agenda Date:9/1/2021 Agenda Item No:6.
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 Fourth Quarter Odor Complaint Report.
BACKGROUND
During the fourth quarter of FY 2020-21, the Orange County Sanitation District (OC San) had the
following attributable odor complaints: Plant No. 1 had one odor complaint, Plant No. 2 had one odor
complaint, and the collection system had no odor complaints. A summary of the odor complaints with
a table tracking the history is included as an attachment.
RELEVANT STANDARDS
·Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
·12 or fewer odor complaints per year under normal operating conditions in the collection
system
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·FY 2020-21 Fourth Quarter Odor Complaint Report
PP:BR:cf:gc
Orange County Sanitation District Printed on 8/24/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2020/21 – 4th Quarter
1. Plant No. 1 Treatment Facility Odor Complaint Summary
Plant No. 1 received one attributable odor complaint in the headworks area during the 4th quarter. Urgent maintenance was required for Sunflower influent pump #1. During the repairs, pump covers
must be removed which allow foul air to escape. Covers were reinstalled in between maintenance work to minimize odors.
Plant No. 2 Treatment Facility Odor Complaint Summary Plant No. 2 received one attributable odor complaint during the 4th quarter. Based on wind direction
and odors described by the resident, the Plant No. 2 truckloading area was determined the odor source. Truckloading scrubbers were adjusted to reduce odors. In addition, biosolid drivers were reminded to immediately cover trailers once loaded. A future project has been approved that will reduce the fugitive odors in the Plant No. 2 truckloading area. 2. Collections Facilities Odor Complaint Summary The collection system received no attributable odor complaints during the 4th quarter.
All Odor Complaints Tracking
Apr. 2021 to Jul. 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 0 1 1 6 6 2 2 16
Not Attributable to OC San 4 3 1 4 5 8 8 25
Total Public Complaints Received: 4 4 2 10 11 10 10 41
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1627 Agenda Date:9/1/2021 Agenda Item No:7.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PLANT NO. 2 PRIMARY DISTRIBUTION STRUCTURE B GATES REPAIR
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to J.R. Filanc Construction Co. to repair ten slide gates for Plant
No. 2 Primary Distribution Structure, per Specification No. S-2021-1249BD, for a total amount
not to exceed $309,500, including sales tax and freight; and
B. Approve a contingency of $46,425 (15%).
BACKGROUND
The Orange County Sanitation District (OC San) has three primary Distribution Structures at Plant
No. 2 that direct primary influent from Headworks to groupings of Primary Sedimentation Basins.
Distribution Structure B (DS-B) directs primary influent to primary clarifiers H, I, J, K, L, and M. A
condition assessment conducted on DS-B while the six associated primary clarifiers were down
during a construction outage identified 10 slide gates that are inoperable and other steel components
inside DS-B that are corroded.
RELEVANT STANDARDS
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
·Comply with environmental permit requirements
PROBLEM
Major corrosion issues were discovered during the condition assessment performed inside DS-B at
Plant No. 2. 10 slide gates were inoperable and severe corrosion was found on numerous steel weir
plates and a steel bulkhead. Replacement of these components is required to return DS-B to
service.
Orange County Sanitation District Printed on 8/24/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1627 Agenda Date:9/1/2021 Agenda Item No:7.
PROPOSED SOLUTION
Staff recommends replacement of the corroded steel components identified in DS-B at Plant No.2
through approval of a Purchase Order to the lowest responsive and responsible bidder,J.R.Filanc
Construction Co.
TIMING CONCERNS
The proposed repair needs to be executed to restore DS-B and its associated six primary clarifiers to
service to restore the rated primary clarification capacity at Plant No.2.Restoration of DS-B
provides OC San the ability to control and isolate flows to the B-Side primary clarifier basins.
RAMIFICATIONS OF NOT TAKING ACTION
Not repairing the slide gates will result in the inability to isolate individual B-Side primary clarifier
basins.Failure of one primary basin requiring isolation will result in an outage that impacts all the B-
Side primary clarifiers, severely impacting the ability to treat primary influent at Plant No. 2.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised a Request for Bid on June 8,2021,for repair of DS-B.Five bids were received.
Below are the responsive bidders and their corresponding bids.The lowest responsive and
responsible bidder is J.R. Filanc Construction Co.
Bidder Amount of Bid Plus Sales Tax
J.R. Filanc Construction Co. Inc $309,500
Abhe & Svoboda Inc.$584,751
Kiewit Infrastructure West Co.$747,000
THARSOS Inc.$794,000
Mehta Mechanical Company Inc.$982,111
A contingency of 15%is requested for unforeseen issues or repair of additional corroded components
potentially uncovered during disassembly and repairs that could add costs during installation and
performance testing.
CEQA
N/A
Orange County Sanitation District Printed on 8/24/2021Page 2 of 3
powered by Legistar™
File #:2021-1627 Agenda Date:9/1/2021 Agenda Item No:7.
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 870 FY
2020-21 Budget, Section 6, Page 100), and the available funding is sufficient for this action.
Date of Approval Contract Amount Contingency
09/29/2021 $309,500 $46,425 (15%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Service Contract
RM:sa:jg:ls:gc
Orange County Sanitation District Printed on 8/24/2021Page 3 of 3
powered by Legistar™
Orange County Sanitation District 1 of 10 Specification No. S-2021-1249BD Revision 031021
SERVICE CONTRACT Primary Distribution Structure B Gates Repair at Plant 2
Specification No. S-2021-1249BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and [ ] with a principal place of business at [ ] (hereinafter referred to as "Contractor")
collectively referred to as the “Parties”.
W I T N E S S E T H WHEREAS, OC San desires to temporarily retain the services of Contractor for [
] “Services” as described in Exhibit “A”; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance
No. OC SAN-56; and WHEREAS, on [____________________], the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services, NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”.
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit “A” Scope of Work Exhibit “B” Bid
Exhibit “C” Determined Insurance Requirement Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies Exhibit “F” General Conditions Exhibit “G” Performance and Payment Bonds 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract is set forth below:
a. Addenda issued prior to opening of Bids – the last in time being the first in precedence b. Service Contract c. Exhibit “F” General Conditions d. Exhibit “C” Determined Insurance Requirement Form e. Exhibit “D” Contractor Safety Standards
Orange County Sanitation District 2 of 10 Specification No. S-2021-1249BD Revision 031021
f. Permits and other regulatory requirements g. Exhibit “E” Human Resources Policies
h. Exhibit “A” Scope of Work i. Exhibit “B” Bid Price Form j. Exhibit “G” Performance and Payment Bonds
1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof.
1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term “hours” shall mean 7:00 A.M. to 4:00 P.M., Monday through Friday when used in this Contract. 1.9 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below.
1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not exceed [_____________________]
Dollars ($[_________].00). 3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its subcontractors who will perform Work during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-
compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OC San and/or general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations.
Orange County Sanitation District 3 of 10 Specification No. S-2021-1249BD Revision 031021
3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of
Regulation Section 16461(e). 4. Payments and Invoicing
4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s Project Manager or designee, of an itemized invoice submitted for Services completed in accordance with Exhibit “A”. OC San, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 4.2 Invoice shall be emailed by Contractor to OC San Accounts Payable at APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number and S-2021-1249BD shall be referenced in the subject line.
5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract.
6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OC San at any time. All modifications must be made in writing
and signed by both Parties. 8. Contract Term The Services provided under this Contract shall be completed within Sixty-three (63) calendar days from the effective date of the Notice to Proceed. 9. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. Also, refer to Exhibit F – General Conditions, Section entitled Extension Of Time For Delay.
10. Performance Time is of the essence in the performance of the provisions hereof.
11. Termination 11.1 OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate.
Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor
expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 11.2 OC San reserves the right to terminate this Contract immediately upon OC San’s
determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Contract.
Orange County Sanitation District 4 of 10 Specification No. S-2021-1249BD Revision 031021
11.3 OC San may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if total amount of compensation exceeds the amount authorized under this Contract. 11.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs first.
12. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirement Form (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. 13. Bonds Contractor shall, before entering upon the performance of this Contract, furnish
bonds (attached hereto in Exhibit “G”) approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the total Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%)
of the total Contract price bid, to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and accepted by OC San. Bonds must be issued by a California admitted surety and must be maintained throughout the life of the Contract and during the warranty period. 14. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OC San,
Contractor shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or
death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or
any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any
Orange County Sanitation District 5 of 10 Specification No. S-2021-1249BD Revision 031021
loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal
counsel acceptable to OC San. 15. Contractor Safety Standards and Human Resources Policies OC San requires
Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC San locations. If during the course of the Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Warranties (Refer to Exhibit F – General Conditions, Section entitled Warranty (Contractor’s Guarantee).
17. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract.
18. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract. 19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed and 2) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OC San.
20. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2.
21. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable
Federal, State, and local air pollution control laws and regulations. 22. Contractor’s License Requirements In accordance with California Business and Professions Code Section 7028.15 and pursuant to Public Contract Code Section 3300, the Contractor must possess the following classification of Contractor’s License: “A”.
22.1 The Contractor must possess a valid license prior to starting any work and shall maintain the license throughout the duration of the Contract. All Subcontractors must possess and maintain the appropriate and valid licenses throughout the duration of the Contract.
Orange County Sanitation District 6 of 10 Specification No. S-2021-1249BD Revision 031021
22.2 If Contractor is required to handle hazardous materials as part of the Work under the Contract Documents, the Contractor and/or Subcontractor must possess and maintain
throughout the duration of the Work any and all licenses, registrations and certifications required by existing law to perform the Work within the scope of the Contract, including, without limitation, a Class A license in accordance with §7028.15 A-E of the California
Business and Professions Code, and certification for performance of Hazardous Substance Removal with the exception of “Asbestos-Related Work” in accordance with §7058.7 of the California Business and Professions Code. The term “Asbestos-Related Work”, is defined in Labor Code Section 6501.8. 23. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor. 24. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of
Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced.
25. Contractor’s Employees Compensation 25.1 Davis-Bacon Act – Contractor will pay and will require all subcontractors to pay all
employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 25.2 General Prevailing Rate – OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and
the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not
less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages at its principal office
and at each project site, which shall be made available to any interested party upon request. 25.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the
California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
Orange County Sanitation District 7 of 10 Specification No. S-2021-1249BD Revision 031021
25.4 Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor
shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or
more or five (5) working days or more. 25.5 Workday – In the performance of this Contract, not more than eight (8) hours shall constitute a day’s work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC San as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project.
25.6 Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee’s representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. 26. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
27. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof.
28. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach.
29. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price
Orange County Sanitation District 8 of 10 Specification No. S-2021-1249BD Revision 031021
OC San has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OC San elects to “cover” as
described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages.
30. Dispute Resolution 30.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 30.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05.
The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein.
31. Attorney’s Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.
32. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract.
33. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties. 34. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San.
35. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San.
Orange County Sanitation District 9 of 10 Specification No. S-2021-1249BD Revision 031021
36. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San
employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no
rights to any benefits which accrue to OC San’s employees. 37. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void.
38. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
39. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
40. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
41. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound.
42. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 10 of 10 Specification No. S-2021-1249BD Revision 031021
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as
provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade, Principal Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: [Contact Name] [Contact Title] [Company Name] [Street Address] [City, State, Zip Code]
Each party shall provide the other party written notice of any change in address as soon as practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: ___________________________________ John B. Withers Chair, Board of Directors Dated: _________________ By: ___________________________________ Kelly A. Lore Clerk of the Board
Dated: _________________ By: ___________________________________
Ruth Zintzun Purchasing & Contracts Manager
[COMPANY] Dated: _________________ By: ___________________________________
______________________________________ Print Name and Title of Officer CMM
-
EXHIBIT A – (Conformed) Page 1 of 14 Specification No. S-2021-1249BD
EXHIBIT A SCOPE OF WORK (ADDENDUM 3) Primary Distribution Structure B Gates Repair at Plant 2 SPECIFICATION NO. S-2021-1249BD EXECUTIVE SUMMARY/OVERVIEW The Orange County Sanitation District (OC San) operates the third largest wastewater agency west of the Mississippi River. Since 1954, we have safely collected, treated, and disposed of and/or reclaimed the wastewater generated by 2.6 million people living and working in central and northwestern Orange County, California.
Each day we treat approximately 185 million gallons of wastewater, enough water to fill Anaheim stadium over two and a quarter times. About 80 percent of the wastewater comes from homes – sinks, toilets, showers, laundry, and dishwashers. The remaining comes from businesses – retail
stores, restaurants, manufacturers, hotels, offices, and other industries. SCOPE OF WORK 1 Location of Work The work covered under this Contract will take place at the Orange County Sanitation District’s (“OC San’s” or the “Sanitation District’s”):
• Plant 2 – 22212 Brookhurst Street, Huntington Beach, CA 92648 2 General OC San has a distribution structure (DS) that sends primary influent from Headworks to 6 Primary Sedimentation Basins (PSB) H, I, J, K, L, and M (normally closed). On February 2021, OC San conducted a condition assessment (Report found in Appendix A-1) around the DS-B (Picture 1). This project shall repair and replace 10 slide gates (2 gates per basin, except PSB-M), 1 carbon steel (CS) bulkhead for PSB-M, and 20 CS weir plates (4 weir plates
per basin, except PSB-M) as described below. The Contractor shall furnish all labor, equipment, materials, machinery, tools, supplies,
insurance, bonds, permits, licenses, transportation, and other incidentals necessary to complete all tasks and items of work described within Exhibit A and within other portions of the Contract Documents and Drawings and as more specifically described below.
EXHIBIT A – (Conformed) Page 2 of 14 Specification No. S-2021-1249BD
Picture 2: DS-B Plan Drawing
Steel weir plates
(4 per each basin)
Slide gates (2 per
each basin)
Bulkhead
(1 on PSB-M)
Picture 1: Drawing
PIJB-B2
DISTRIBUTION STRUCTURE B PLAN
SCALE: 114• =1 '-0'
CONCRETE WEIR
SLAB (TYP)
EXHIBIT A – (Conformed) Page 3 of 14 Specification No. S-2021-1249BD
3 Description of the Work A. Slide Gates Repair There are 10 slide gates (2 gates per basin, except one from PSB-M) that are not operable due to bent stems and bad bevel gear operators (Picture 3). Also, there is coating failure and corrosion on the gate handles (Picture 4) and bent top frames (Picture 5). The Contractor shall replace stems, including new hardware and lubrication, replace bottom rubber gasket, bevel gear operators, and handwheels, and straighten top frames (“C” channel). Each gate shall be tested after the installation. Operations shall fully open and close each gate at a minimum of 3 times. Either contractor or OC San inspector shall be inside the center structure to visually confirm gates. A leak test may be required if operations allow the system to go online.
Picture 3: Bent stems and bevel gear operators
EXHIBIT A – (Conformed) Page 4 of 14 Specification No. S-2021-1249BD
Picture 4: Corroded handwheel and bevel gear operator
Picture 5: Bent gate top frame B. Carbon Steel Bulkhead Replacement There is one corroded carbon steel bulkhead by PSB-M side. The Contractor shall remove FRP gratings to access center of distribution structure and bulkhead removal. In order to remove bulkhead, Contractor shall remove the grating red circled in Picture 6. Curved slat above the bulkhead may need to be removed (Picture 8). Also, bulkhead holes are in bad
condition, so they may fail while trying to remove the bulkhead. Lastly, downstream
EXHIBIT A – (Conformed) Page 5 of 14 Specification No. S-2021-1249BD
channel below is filled with primary influent, because PSB-M is normally fed from DS-C and may be operational during this project. Water elevation is below weir elevation in normal condition, but for safety concern, coordinate with OC San operations staff to temporarily turn off flow from DS-C to PSB-M while the bulkhead is removed.
Picture 6: FRP grating from walkway
EXHIBIT A – (Conformed) Page 6 of 14 Specification No. S-2021-1249BD
Picture 7: FRP grating dimension
Picture 8: Corroded carbon steel bulkhead from center of distribution structure
EXHIBIT A – (Conformed) Page 7 of 14 Specification No. S-2021-1249BD
Picture 9: Curved slat and connections under FRP grating
Picture 10: One of weir slabs for PSB-M, and channel below filled with primary influent. Sludge on top of slabs will be removed by OC San.
C. Carbon Steel Weir Plates Replacement (Picture 12) There are 20 carbon steel weir plates (4 weir plates per basin, except 4 from PSB-M) that are corroded with coating failures. The Contractor shall remove FRP gratings (Picture 11)
to access weir plates, dissemble weir plates, including L-brackets, and replace them. Refer to Appendix A-3, Section I for the original shop drawing and dimensions. Rubber seals between bolted surfaces shall be replaced. Protect-in-place the existing concrete slabs attached to the weir plates. Individual components shall be marked so that replaced components match the existing installation when the work is completed.
' ' \
\
EXHIBIT A – (Conformed) Page 8 of 14 Specification No. S-2021-1249BD
Picture 11: FRP covers removed to access weir plates
Picture 12: Corroded steel weir plates
EXHIBIT A – (Conformed) Page 9 of 14 Specification No. S-2021-1249BD
Picture 13: Steel weir plate original drawing D. Confined Space Entry Support The Contractor shall provide confined space entry and all confined space entry equipment, including but not limited to ventilation, lighting, and Self-Contained Breathing Apparatus (SCBA), for the structure entry. The Contractor shall clean and dewater necessary areas, such as inlet well and weir channels, for safe entrance. 4 Project/Work Elements Because slide gates are not operable, OC San cannot individually isolate downstream primary basins (H, I, J, K, & L). This project would result in a shutdown of these 5 basins. In order to minimize process risk, the work shall be completed within 28 days after the mobilization.
4.1 Submittals A. Work plan
B. Shop fabrication drawings of all supplied materials and hardware C. Repair procedures and all repair materials specified in this scope of work D. Construction schedule 4.2 Warranties A. The Contractor shall warrant that the work performed will be free of defects in materials and workmanship for a period of one year from the date of acceptance by OC San. All warranty periods shall begin after satisfactory installation and testing.
B. The Contractor shall be responsible for removal, installation, and shipping costs of any replacement parts and for correcting any other defective work at no cost to OC San. 4.3 Equipment Removal A. Slide gates removal (not including one from PSB-M):
o 10 x stems & hardware o 10 x bottom rubber seal at the bottom
L-4'xt,.:x 1f.i. x 1'-5'' _
OV ,C,.\.. SLOi~ ~O'Q 5/e,"d>
5t.STl.~0\. ~ TO P l:.O ,,
\-10 1-, OJl.)~1" E:.~,
-sTE L WE\Q. {f"\ ___ PL 1"t: ___ _
EXHIBIT A – (Conformed) Page 10 of 14 Specification No. S-2021-1249BD
o 10 x bevel gear operators with 24-in handwheels
o 10 x top frames & hardware
Top frames to be reused after straightened o Polycarbonate thread cover (if exists) B. Bulkhead removal: o Clean both weir slabs for PSB-M o 1 x bulkhead
Before the removal, coordinate with operations staff to stop flow from DS-C to PSB-M. Target this activity early morning 6-7am when the plant observes low diurnal flow
Plan this activity when new bulkhead is fabricated and ready to be installed right after to minimize PSB-M downtime
o Clean opening for new bulkhead installation C. Weir plates removal (not including 4 from PSB-M): o 20 x weir plate assemblies
20 x weir plates
40 x L-brackets
40 x neoprene gaskets
20 x rubber seals
SS bolts and nuts D. FRP grating removal to provide access
4.4 Equipment Installation
A. Slide gates installation:
o Refer to Section 4.1 for the original project submittal o 10 x 316 stainless steel (SS) stem
1½-in diameter
Approximately 70-in length – to be field verified
Refer to Detail “G” from Appendix 2, page 9 for required hardware
Refer to 4.5 Material Requirements for stem lubrication o 10 x 1/4-in rubber seal at the bottom
Use 3M 1300 Adhesive or approved equal
o 10 x Limitorque® B-20 Single Shaft Bevel Gear Operator, or approved equal
Include 24-in slide as accessory o 10 x 2½-in diameter clear polycarbonate cover with cover on top
60-in long o 10 x 316 SS straightened “C” channel (top frame)
Refer to Section DD from Appendix A-2, page 9 for required hardware
o Refer to 4.5 Material Requirement for coating spec of handles B. Bulkhead installation:
o 316 SS with dimension of 30-in x 58-in – to be field verified
o 1 ½-in max thickness o 2 x 1 ½-in holes on top section – size and location to be field verified o Seal joints and make watertight
Use polyurethane sealant. [Sika Corp Sikaflex 1A; Tremco Vulkem 116] or Equal
C. Weir plates installation:
o 20 x weir plate assemblies
Refer to Appendix A-3, Section I for the original drawing and dimension, but
to be field verified
20 x 316 SS weir plates with 316 SS 2 x 2 x 5/16 angle stiffeners
EXHIBIT A – (Conformed) Page 11 of 14 Specification No. S-2021-1249BD
20 x 316 SS L-brackets (4-in x 4-in x ¼-in x 1-ft 5-in) with ¼-in thick neoprene gasket
20 x 316 SS L-brackets (4-in x 4-in x ¼-in x 2-ft 11-in) with ¼-in thick neoprene gasket
40 x 3/16-in neoprene seals (6-ft 6 3/8-in x 5-in)
316 SS hardware D. FRP grating installation
o After work is completed, install existing FRP grating back to original location o Apply nonshrink grout gap between concrete and FRP grating 4.5 Material Requirements The Contractor shall submit repair procedure and repair materials for OC San approval
o To lubricate new operating stems, use a high grade, heavy-duty lubricant such as:
Shell Alvania 2EP
Tycol Azepro II
Mobilox Grease 2EP
Valvoline Val-Lith 2EP
o Non-shrink grout shall be Masterflow 928 as manufactured by BASF Master Builders; or equal. Grout shall be mixed in accordance with the manufacturer`s instructions. 4.6 Permits/Licenses
Confined space entry permit 4.7 Commissioning Not Used 4.8 Deliverables/As Built Drawings/Manufacturer’s Documentation
Not Used 4.9 Training
Not Used 5 Resources Available
• Appendices as reference information only
• Laydown and Staging Area (Picture 10) below. There may be a truck to load chemical to two bulk tanks north of the distribution structure.
• OC San will implement LOTO after the Contractor acquires Sanitation District’s approval.
EXHIBIT A – (Conformed) Page 12 of 14 Specification No. S-2021-1249BD
Picture 1014: Laydown and Staging Area by the highlighted area 6 Project Schedule The Contractor shall complete the project within 63 98 calendar days from the effective date of Notice to Proceed. The Contractor shall submit a project schedule to the OC San Project Manager for approval. A suggested schedule is provided below but may be updated with the approval of the OC San Project Manager, but final completion of work shall be completed within 28 days after the mobilization Milestones/Timeline Deadline (Weeks from Kick-Off/NTP)
Review Period (Weeks) Cumulative Weeks
Kick-Off Meeting (NTP)
Day of NTP N/A 1 business day
Submittals Within 21 days of NTP 7 days 28 days
Mobilization Within 70 days of
NTP and after submittal acceptance
N/A 70 days
Final Completion of Work Within 98 days of
NTP
N/A 98 days
7 Project Management
All communication shall go through the OC San Project Manager. All workdays must be approved by the OC San Project Manager prior to construction.
7.1 Project Kick-Off Meeting A. A minimum of two weeks prior to start of work, a meeting with OC San staff shall be held to establish appropriate contacts and review the Contractor’s plan to
implement this work.
EXHIBIT A – (Conformed) Page 13 of 14 Specification No. S-2021-1249BD
B. Contract conferences shall be held on an on-call basis with OC San staff to keep OC San apprised of the job, review work in progress, and receive comments. Conferences shall be held at the OC San’s offices or virtual Microsoft Teams. Assume a minimum of two contract conferences for bidding purposes. 8 Staff Assistance The Contractor will be assigned a single point of contact on this project. Any meetings and/or correspondence related to this project shall be scheduled and approved by the Project Manager. 9 Safety and Health Requirements
The Contractor and any Subcontractors shall comply with all applicable provisions of the OC San Safety Standards, Federal OSHA, California OSHA, and Local regulations, whichever is most stringent. Please refer to the OC San Contractor Safety Standards for more information. 9.1 Injury and Illness Prevention Program/Site Specific Safety Plan (SSSP)
A. The Contractor shall prepare and submit a written, job specific safety plan (SSSP). The safety plan must address responsibility, compliance, communication, hazard assessment, incident investigation, hazard correction, and training as required by
Title 8, California Code of Regulations, Section 3203. B. The Contractor shall also prepare and submit safety programs where required by Cal OSHA. These programs may include fall protection, lockout tagout, confined space
entry, and hazard communication. The safety plan must be specific to the work being completed and approved prior to the start of work (includes mobilization). 9.2 Contractor Safety Orientation A. The Contractor shall attend a Contractor Safety Orientation (CSO) meeting prior to the start of work. The CSO is an OC San safety orientation conducted between OC
San’s Risk Management Division (safety and health) and the Contractor. The CSO is conducted once per year or as job conditions or scope of work changes. The Contractor shall participate in these meetings by providing work plans and other requested safety deliverables described below.
9.3 Job Safety Analysis (JSA) A. The Contractor shall prepare Job Safety Analysis (JSA) for work tasks completed by the Contractor. The JSA is a procedure where each basic step of the work task has
identified hazards and recommended controls for the safest way to complete the work task.
9.4 Lock Out Tag Out (LOTO) A. The Contractor shall participate in the OC San LOTO process. OC San will isolate the structure and associated systems prior to Contractor entry into the structure. OC San will prepare a written energy control procedure for the structure. OC San will demonstrate hazardous energy has been controlled by walking each isolation point and reviewing the energy control procedure with the Contractor. The Contractor shall apply their own lock and tag to the OC San lock box upon acceptance and sign the energy control procedure. Each Contractor employee working in the structure must apply their own lock and tag. 9.5 Confined Space Entry
A. The Contractor shall assume the work area will be in an area classified as a Permit Required Confined Space (PRCS). The Contractor shall prepare a PRCS Entry Permit, Entry Procedure and Rescue Plan that describes all procedures, equipment,
EXHIBIT A – (Conformed) Page 14 of 14 Specification No. S-2021-1249BD
and methods proposed to be used. A dedicated Rescue Team is required. Calling 911 or relying on the local fire department for rescue is not acceptable. A ventilation plan is required to be developed by qualified personnel and implemented during any entry into the structure. The Contractor shall monitor the atmosphere during entry for oxygen, carbon monoxide, flammable gases, and hydrogen sulfide. The Contractor should not assume any OC San owned equipment is available for Contractor use. All safety support shall be provided for OC San Inspectors at the Contractor’s expense. The Contractor shall assume all work areas are classified as a PRCS. The Contractor is required to have a copy of its current confined space entry permit at every job site at all times. The OC San inspector may shut down the job site at no additional cost to OC San if the permit is not available upon request. While the piping will be isolated, the Contractor should assume there will be a potential exposure to
wastewater. OC San Risk Management will review submitted Entry Permit, Entry Procedures, Rescue Plan and Ventilation Plan. If accepted, OC San Risk Management will issue the Contractor a Confined Space JHA authorizing the
Contractor for such entry. 9.6 Fall Protection A. Fall protection shall be provided around all openings to protect Contractor employees and OC San. Fall protection at openings shall consist of a portable guardrail or other suitable barrier to prevent persons from falling to a lower level. Fall protection will be required for personnel when using Contractor provided extension ladders when accessing the structures. Fall protection will be required when working at heights
greater than six feet. B. Scaffold erection may be required. In all cases, the scaffolding system shall be designed by a scaffold qualified person and erected, inspected and dismantled by a scaffold competent person. The scaffolding shall be supplied by a qualified, experienced scaffolding company. Contractor shall submit scaffold plans prior to use
and must be approved by OC San. 9.7 Hot Work
A. Any activity producing spark, flame or heat will require an OC San issued hot work permit. The Contractor, depending on the activity, will be required to provide appropriate controls in accordance with OC San’s hot work program. These controls may include a fire watch, 20-pound fire extinguisher, fire blankets, and atmospheric monitor. 9.8 Chemical Safety All chemicals brought onsite shall be accompanied with a Safety Data Sheet (SDS). The
Contractor must store and use those chemicals in accordance with the SDS and manufacturer instructions.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1781 Agenda Date:9/1/2021 Agenda Item No:8.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
FLEET PURCHASE OF REPLACEMENT VEHICLES, LIGHT DUTY TRUCKS, AND MEDIUM
DUTY TRUCKS FOR FY21-22
GENERAL MANAGER’S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order to National Auto Fleet Group to purchase one Ford F550 service
body utility truck and five Ford F250 service body utility trucks using Sourcewell Cooperative
Contract No. 120716-NAF, for a total amount of $326,408; and
B. Approve a 5% contingency of $16,321.
BACKGROUND
The Orange County Sanitation District (OC San) maintains a fleet of vehicles necessary to meet its
business needs. The fleet is comprised of 27 heavy-duty equipment trucks, 92 light-duty trucks, 35
sedans, 12 SUVs, and 10 vans, for a total of 176 vehicles. Light-duty trucks compose the largest
segment of the fleet and support the mobility needs of the Engineering, Operations, Collection
Facilities, and Maintenance staff.
The OC San Fleet Services Division systematically replaces vehicles as part of an overall fleet right-
sizing and modernization strategy. The replacement is based on the current vehicles’ ability to meet
the assigned group’s needs, vehicle age, maintenance cost, condition, and mileage. Replacement of
older vehicles improves safety by ensuring the vehicles are equipped with airbags, anti-lock brakes,
and traction control. Replacement vehicles also offer new capabilities such as integrated davits or
cranes to improve lifting and ergonomic safety.
Approximately 25% of OC San’s vehicles are “Green” (electric, hybrid, CNG) or Flex-fuel vehicles. All
replacement vehicles are evaluated for “Green” fuel applicability and feasibility.
RELEVANT STANDARDS
·Participate in local, state, and national cooperative purchasing programs
·Maintain a proactive asset management program
·Ensure the public’s money is wisely spent
Orange County Sanitation District Printed on 8/24/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1781 Agenda Date:9/1/2021 Agenda Item No:8.
PROBLEM
The vehicles below are identified for replacement as they are no longer economical to maintain and
are exhibiting deteriorating physical condition.
Type Year Make Model Mileage Replacement Identifier
Lt. Truck 2006 FORD F250 37,602 A
Lt. Truck 2012 FORD F250 62,348 A
Lt. Truck 2015 FORD F250 87,733 A
Md. Truck 2013 FORD F550 64,180 B
Reallocated Positions C
PROPOSED SOLUTION
Staff recommends replacing the above vehicles with the following vehicles:
Vehicle Description & Unit
Quantities
Total Amounts (Including
Options, Tax, Tire Fee)
Replacement Identifier
Three 2022 Ford F250 XL
Service Body Utility Trucks
$143,127 A
One 2022 Ford F550 XL Service
Body Utility Truck
$ 84,793 B
Two 2022 Ford F250 Crew XL
Service Body Utility Trucks
$ 98,488 C
The utility trucks,replacement identifiers A and B,come equipped with the necessary service body
for maintenance work.The size of vehicle is determined by the type of work to be completed.These
are in-kind replacements.
The two additional Ford F250 Crew XL service body utility trucks with replacement identifier C were
requested and approved through the budget planning process to support a new need within the
Maintenance Divisions.These vehicles will allow technicians to support both treatment plants and
the pump stations versus electric carts for intraplant use only.
TIMING CONCERNS
A 5%contingency is being recommended should a pricing change occur between the date of
approval and date of purchase due to tariffs and uncontrollable market conditions.
RAMIFICATIONS OF NOT TAKING ACTION
The vehicles selected for replacement are becoming unreliable,deteriorating,and are no longer
economical to maintain.Additionally,these vehicles are lacking the more modern safety features
currently required for fleet vehicles.
Orange County Sanitation District Printed on 8/24/2021Page 2 of 3
powered by Legistar™
File #:2021-1781 Agenda Date:9/1/2021 Agenda Item No:8.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San utilizes a Cooperative Agreement through Sourcewell (formerly National Joint Powers
Alliance),Cooperative Contract No.120716-NAF with National Auto Fleet Group,in accordance with
OC San’s Purchasing Ordinance. Cooperative Agreements tend to produce lower unit prices.
This Cooperative Agreement was awarded using a competitive bid process comparable to OC San’s
and vetted by OC San’s Purchasing Division.The amount of savings under this Cooperative
Agreement is $46,723 versus non-cooperative contract list pricing.These costs are inclusive of
freight and sales tax.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This budgeted item
is in the FY 2021-22. Line item: Appendix, Page A16, Capital Equipment Budget Summary.
Date of Approval Contract Amount Contingency
09/29/2021 $326,408 $16,321 (5%)
ATTACHMENT
The following attachment(s)may be viewed online at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
DS:bb:sr:gc
Orange County Sanitation District Printed on 8/24/2021Page 3 of 3
powered by Legistar™
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1295 Agenda Date:9/1/2021 Agenda Item No:9.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
ON-CALL MAINTENANCE AND REPAIR MASTER SERVICES CONTRACTS - SPECIFICATION
NO. S-2021-1234BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve Master Services Contracts to provide on-call maintenance and repair services,
Specification No. S-2021-1234BD, for a one-year period effective December 1, 2021 through
November 30, 2022, with two, one-year renewal options, in accordance with Ordinance No.
OC SAN-56, Section 2.03(F), with the seven qualified firms, for bids less than $300,000:
1. Jamison Engineering Contractor, Inc.
2. Charles King Company
3. J.R. Filanc Construction Company, Inc.
4. Shimmick Construction Company, Inc.
5. W.A. Rasic Construction Company, Inc.
6. Kiewit Infrastructure West Co.
7. O’Connell Engineering & Construction, Inc.; and
B. Authorize the General Manager to add or delete firms as necessary to maintain a qualified
base of up to seven firms in accordance with the Request for Qualifications Specification No.
S-2021-1234BD.
BACKGROUND
The objective of the Maintenance & Repair Services Program is to provide a Task-Order based
procurement process that allows the Orange County Sanitation District (OC San) to “fast track” repair
services on OC San assets. These master services contracts will also benefit OC San in having
ready access and agreed upon response terms for urgent and emergency repairs. This procurement
is not intended to operate on a rotational basis. The successful Contractors selected from the
Request for Qualification (RFQ) process will be offered the opportunity to bid on individual Task
Orders. Task Order Bids will be awarded to the lowest responsive bidder. Task Orders will vary in
cost not to exceed $300,000, in accordance with Ordinance No. OC SAN-56, Section 2.03 (F).
Maintenance and Repair Projects with estimates exceeding $300,000 (including change orders) will
be submitted through the formal bid procurement process (i.e., design/bid/award/repair), including
Orange County Sanitation District Printed on 8/25/2021Page 1 of 4
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2020-1295 Agenda Date:9/1/2021 Agenda Item No:9.
be submitted through the formal bid procurement process (i.e.,design/bid/award/repair),including
Operations/Board Committee approval pursuant to OC San’s Purchasing Ordinance.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PROBLEM
OC San’s Purchasing Ordinance allows selection of Master Contracts for providing maintenance and
repair services to improve its efficiency to purchase goods and services required by OC San.The
current Master Services Contracts to provide on-call maintenance and repair services is set to expire
on November 30, 2021.
PROPOSED SOLUTION
Select up to seven qualified firms using the Request for Qualification (RFQ)process to perform
maintenance &repair services on a Task-Order basis by offering the opportunity to bid on individual
Task Orders.
TIMING CONCERNS
The existing Master Services Contracts expire November 30, 2021.
RAMIFICATIONS OF NOT TAKING ACTION
OC San will not have on-call contracts to expedite procurement of facility maintenance and repair
services,which would hamper our ability to make timely repairs to ensure the reliability of our
collection system and treatment plants.
PRIOR COMMITTEE/BOARD ACTIONS
October 2018 -Board approved Master Services Contracts for maintenance and repair services with
seven qualified firms for bids less than $300,000.
ADDITIONAL INFORMATION
A Request for Qualifications (RFQ)was issued on April 27,2021 via PlanetBids.A non-mandatory
pre-bid meeting was conducted virtually on May 18,2021.Statements of Qualifications (SOQs)were
received on June 10, 2021. OC San received nine responsive SOQs from the following Contractors:
1. Jamison Engineering Contractor, Inc.
2. Charles King Company
3. J.R. Filanc Construction Company, Inc.
4. Shimmick Construction Company, Inc.
Orange County Sanitation District Printed on 8/25/2021Page 2 of 4
powered by Legistar™
File #:2020-1295 Agenda Date:9/1/2021 Agenda Item No:9.
5. W.A. Rasic Construction Company, Inc.
6. Kiewit Infrastructure West Co.
7. O'Connell Construction Company, Inc.
8. Tharsos
9. ICS
The nine Contractors were evaluated on a pass/fail basis as required per the RFQ,based on the
following two categories:(1)financial history,and (2)safety record.Each of the nine Contractor’s
financial history and safety records were evaluated pursuant to the criteria established in the RFQ
and all nine Contractors were deemed responsive.
A three-member panel reviewed,evaluated,and ranked the nine responsive Contractors’SOQ’s
based upon the following three categories:(1)qualifications of the firm,(2)staff qualifications,and (3)
related experience in maintenance and repair services.Staff reviewed and ranked the proposals,
and the following table summarizes the results of the rankings:
Rank Proposer Subtotal Score (Max 100%)
1 Jamison Engineering Contractor, Inc.90%
2 Charles King Company 88%
3 J.R. Filanc Construction Company, Inc.88%
4 Shimmick Construction Company, Inc.87%
5 W.A Rasic Construction Company, Inc.83%
6 Kiewit Infrastructure West Co.82%
7 O’Connell Construction Company, Inc.78%
8 Tharsos 71%
9 ICS 54%
Based on the results,staff recommends awarding the Master Services Contracts to the top seven
ranked Contractors (Proposers).
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This
recommendation will be funded under the Repairs and Maintenance line for Operations and
Maintenance Department (Budget Update -Fiscal Year 2021-22,Page 45).The available funding is
sufficient for this action.
Orange County Sanitation District Printed on 8/25/2021Page 3 of 4
powered by Legistar™
File #:2020-1295 Agenda Date:9/1/2021 Agenda Item No:9.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Master Services Contract
RM:jg:ab:gc
Orange County Sanitation District Printed on 8/25/2021Page 4 of 4
powered by Legistar™
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
1 of 18
MASTER SERVICES CONTRACT Maintenance & Repair Services Specification No. S-2021-1234BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and [ ] with a principal place of business at [ ](hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to retain the services of Contractor for Maintenance & Repair Services “Services”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56 and
WHEREAS, at its regular meeting on ________________, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contactor; and; WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows: 1. Introduction 1.1 This Master Services Contract and all attachments hereto (called the "Contract") is made by OC San and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 All Task Order Bids awarded under this Master Services Contract shall be incorporated by
reference and made part hereof, upon issuance of the Task Order Bid Purchase Order. 1.3 Attachments to this Contract are incorporated by reference and made a part of this Contract
as though fully set forth at length herein. Attachments to this Contract are as follows: Individual Task Order Bids, inclusive of:
Task Order Bid Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Form Master Services Contract Exhibit “D” Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies 1.4 In the event of any conflict or inconsistency between the provisions of this Contract, provisions of the Task Order(s) and any of the provisions of the attachments hereto, the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
2 of 18
provisions of this Contract shall govern and control in the order of precedence set forth below:
Master Services Contract, and any amendments thereto Master Services Contract Exhibit “B” General Conditions
Master Services Contract Exhibit “C” Determined Insurance Requirement Forms Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies Individual Task Order Bids, inclusive of: Task Order Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. It is OC San’s intent that all use of the word “Contract” in Exhibit “A” and the Task Order Attachments thereto shall mean Task Order Bid.
1.6 The provisions of this Contract and provisions of the Task Order(s) may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.8 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.9 OC San holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.10 The term “hours”, when used in this Contract, shall be defined in the Request for Task Order Bid, Exhibit “A” Task Order Scope of Services.
1.11 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under the Task Order Bid.
1.12 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Prevailing Wage Rates The Contractor shall comply with California Labor Code Section 1771 by the payment of prevailing wages as established by the Director of the State
Department of Industrial Relations. In accordance with Labor Code Section 1775, the Contractor and any Subcontractor shall forfeit, as a penalty to OC San, not more than Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid less than the established prevailing rates for such work or craft in which such worker is employed for any Work done under the Contract in violation of the provisions of the California Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said
Section 1775, for each day or portion thereof in which each worker was paid less than the prevailing wage rate the difference between such established prevailing wage rates and the amount paid to each worker shall be paid to each worker by the Contractor. Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
3 of 18
at its principal office and at each job site, which shall be made available to any interested party upon request.
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its Subcontractors who will perform Work on 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, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors shall furnish a copy of all certified payroll records to OC San and/or general public upon request, provided
the public request is made through OC San, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations.
3.4 The Contractor and its Subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 4. Payments Each individual task order shall specify the method of payment to be used. Payment may be based on milestones, lump sum or monthly methods. Milestones: Payments shall be made upon approval by OC San Project Manager or his designee, of invoices submitted for milestones completed as described in the Task Order Bid. OC San, in its sole discretion, shall determine whether tasks and deliverables for each milestone has been satisfactorily completed. Lump Sum: Payment will be made in one lump sum after completion and acceptance of the Services. OC San, at its sole discretion, shall be the determining party as to whether all Work has been satisfactorily completed. Monthly: OC San shall pay monthly for Services rendered. OC San shall pay, Net 30 days upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. 5. Invoices OC San shall pay within 30 days of completion and receipt and approval by OC San’s Project Manager of an itemized invoice, in a form acceptable to OC San to enable audit of the charges thereon. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. In an effort to provide quicker payment, OC San may offer payment by MasterCard.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
4 of 18
Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OCSAN.gov and reference the following in the subject line: “INVOICE”, the Purchase Order number, the Project Manager(s), and [Specification No.] 6. Audit Rights Contractor agrees that, during the term of this Contract and for a period of
three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 7. Scope of Services Subject to the terms of this Contract, Contractor shall perform the Services identified in the individual Task Order Scope of Services, in accordance with the Standards and Requirements contained therein. 8. Modifications to Scope of Services Requests for modifications to the Task Order Scope of Services hereunder can be made by OC San at any time. All modifications must be made in writing and signed by both Parties. Refer to General Conditions.
9. Contract Term The Services provided under this Contract shall commence on December 1, 2021 and continue through November 30, 2022. Task Order Bids can be competed during
the initial term and each renewal period of the Contract. The Contract shall remain in effect until all Task Order Services have been completed and accepted by OC San.
10. Renewals OC San may exercise the option to renew the Contract for up to two (2) one-year periods as mutually agreed upon between both parties. OC San shall make no obligation to renew nor give reason if it elects not to renew. 11. Termination
11.1 Termination for Convenience OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall
immediately discontinue all the Work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for the Work performed (cost and fee) to the date of termination. Contractor expressly waives any claim
to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further fee, cost or claim hereunder by Contractor other than for Work performed to the date of termination. 11.2 Termination for Default If the Contractor refuses or fails to prosecute the Work in any awarded Task Order Bid or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed
insolvent by OC San based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if the Contractor files a petition to take
advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if the Contractor should persistently or repeatedly refuse or fail, except in cases for which an authorized extension of time is provided, to supply enough properly
skilled workers or proper materials to complete the Work in the time specified, or if the Contractor should fail to make prompt payment to Subcontractors for material or labor, or if
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
5 of 18
the Contractor should persistently disregard laws, or instructions given by OC San, or if the Contractor otherwise substantially fails to fulfill its obligations under the Contract
Documents, OC San may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of OC San’s intention to terminate the Contractor’s performance under the Task Order Bid. Said notice shall contain the reasons for such
intention to terminate the Contractor’s performance under the Contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory arrangements for the corrections thereof have been made, the OC San may terminate Contractor’s performance under the Task Order Bid and the Contractor shall not be entitled to receive any further payment until the Work is finished. In the event of any such termination, OC San shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Task Order Bid. However, if the Surety, within five (5) days after the service of a notice of termination, does not give OC San written notice of its intention to take over and perform the Task Order Bid, and if it serves such notice of its intent to take over and perform the
Task Order Bid and does not begin performance thereof within fifteen (15) days from the date of serving said notice, OC San may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and
at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to OC San for any excess cost or other damage incurred by OC San thereby. In such an event OC San may without liability for so doing, take possession of and utilize such materials,
tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on the worksite and be necessary to complete the Work. For any portion of such Work that OC San elects to complete by furnishing its own employees, materials, tools, and equipment, OC San shall be compensated in accordance with the schedule of compensation for force account Work as stated in the General Conditions section entitled Task Order Bid Price Adjustments and Payments. If the Surety assumes the Contractor’s terminated Work, it shall take the Contractor’s place in all respects for that part and shall be paid by OC San for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire
Task Order Bid, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Task Order Bid.
Contractor hereby consents to assigning to OC San and/or OC San’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the
event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Task Order Bid. In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums in any awarded Task Order Bid and the quantity of Work completed at the time of termination, less damages caused to OC San by acts of the Contractor causing the termination, including but not limited to, all costs to OC San arising from professional services and attorneys' fees and all costs generated to insure or bond the Work of substituted Contractors or Subcontractors utilized to complete the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to OC San promptly upon demand. On failure of the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
6 of 18
Contractor to pay, the Surety shall pay on demand by OC San. Any portion of such difference not paid by the Contractor or Surety within thirty (30) days following the mailing
of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees. The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC San. If it is later determined by OC San that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, OC San, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of OC San. All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of the Task Order Bid, whichever occurs first.
12. Bonds Contractor shall, before entering into the performance of any Task Order Bid awarded under this Contract, furnish bonds, if required as specified in an individual Request for Task Order Bid. The form of each bond shall be provided in the Request for Task Order
Bid. The bonds shall be approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee payment of all claims for labor and materials furnished. Task Order Bid shall not become effective until such bonds are supplied to and approved by OC San. Bonds must be issued by a surety authorized by the State Insurance Commissioner to do business in California and must be maintained throughout the life of the Task Order and during the warranty period. Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization
to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to insure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for
the OC San and its officers to approve the bond. 13. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence Work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s Sureties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
7 of 18
14. General Indemnification The Contractor shall, with respect to all Work covered by or
incidental to these Contract Documents, be responsible for any liability imposed by law and shall indemnify, defend and hold OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, agents and employees, and all public
entities issuing permits to the Contractor, free and harmless from and against all of the following: Any claim, suit or action of every name, kind, and description, loss, damage, cost, expenses, including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage or expense, resulting from the construction of the Work, design defects (if design originated by the Contractor only), defects in the Work, or by or on account of acts, errors or omissions of the Contractor or Contractor’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its completion and Final Acceptance, including any of the same resulting from OC San’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite.
Said responsibility shall extend to claims, demands or liability for loss, damage or injuries occurring or discovered after completion of the Work, as well as during the progress of the Work. However, the Contractor shall not be obligated under this Contract to indemnify OC
San, the Engineer or its Consultant(s) with respect to the active negligence, sole negligence or willful misconduct of OC San, the Engineer, or its Consultant(s). In addition, if any action is brought against the Contractor or any Subcontractor to enforce a stop payment notice or Notice to Withhold, which names OC San as a party to said action, OC San shall be entitled to reasonable attorney’s fees, costs and necessary disbursements arising out of the defense of such action by OC San. OC San shall be entitled to deduct its costs for any stop payment notice filed, whether court action is involved or not. In any and all claims against the indemnified parties by an employee of the Contractor, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any Subcontractor, or any Supplier or other
person under Workers’ Compensation acts, disability benefit acts, or other employee acts. The obligations of the Contractor as specified herein shall not extend to the liability of the
Engineer, the Consultant or its subconsultants, and each of their directors, officers, agents and employees, arising out of or resulting from or in connection with the preparation of approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage or injury. The Contractor shall also be responsible for and shall indemnify, defend and hold harmless OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Contractor to faithfully perform the Work and all of the Contractor’s obligations under the Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
8 of 18
In the event Contractor or its insurer refuses or fails to provide a legal defense to OC San
after receiving written notice of the legal action and a tender and demand for defense, OC San shall have the right to select counsel of its own choice to represent all the interests of OC San at Contractor’s cost and expense. Contractor agrees that the amount of legal costs
and expenses, including attorneys’ fees, may be withheld by OC San from any Contract amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. Contractor further agrees that to the extent OC San incurs such damages and the damages exceed any remaining Contract amounts due and owing to Contractor, Contractor shall reimburse OC San for all such additional damages upon demand by OC San for the same. Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees. 15. Contractor Safety Standards and Human Resources (HR) Policies OC San requires all contractors to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OC San requirements while working at OC San locations. If during the course of a contract it is discovered that OC San policies, safety manuals, or
contracts do not comply with State or Federal regulations then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor and all its employees and Subcontractors, shall adhere to all applicable Contractor Safety
Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”. 16. Performance Time is of the essence in the performance of this Contract and the provisions
hereof. 17. Delay and Liquidated Damages Liquidated Damages, if any, shall be specified in any Task Order Bids. In the event the Contractor fails to achieve Final Completion of the Task Order within the required period of performance or fails to meet any other time requirements set forth in the Contract, including the timely submittal or update of the Task Order Schedule or achievement of any designated milestones or deadline as required in the approved Task Order Bid Price Form, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, Contractor will pay to OC San a determined sum per day, as Liquidated Damages, and not
as a penalty, for each and every calendar day during which Final Completion of the Task Order Bid is so delayed, or timely submittal or update of the Task Order Schedule is so delayed. If deadlines for milestones are identified in the approved Task Order Bid Price
Form, Contractor shall pay OC San the Liquidated Damage amount corresponding to that milestone for each and every day during which the achievement of the milestone is delayed. Contractor agrees to pay such Liquidated Damages and further agrees that OC
San may offset the amount of Liquidated Damages from any monies due or that may become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. Liquidated Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Task Order. If this Section herein entitled “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
9 of 18
the Contractor damages at law for the Contractor’s failure to complete the Task Order by the Final Completion date.
18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 20. Familiarity with Services By executing this Contract, Contractor warrants that: 1) it has investigated the services to be performed; 2) it has investigated the site of the services and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the services under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk,
until written instructions are received from OC San. 21. Regulatory Requirements Contractor shall perform all work under this Contract in strict
conformance with applicable Federal, State, and local regulatory requirements. 22. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to
OC San that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this Work. Any and all fees required by State, County, City and/or municipal laws, Codes and/or tariffs that pertain to the Work performed under the terms of this Contract will be paid by Contractor. 23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced.
24. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with
the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or
structures, shall comply with the appropriate rules and regulations of the SCAQMD. 25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
0
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
10 of 18
thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price OC San has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the task order price, together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Contract,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Contract, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein.
29. Attorney’s Fees If any action at law or 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any Contract or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
11 of 18
32. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any Subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from these Services without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San
shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 39. Authority to Execute The persons executing this Contract, inclusive of Task Order Bids on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire Contract of the Parties and supersedes all prior written or oral and all contemporaneous oral Contracts, understandings, and negotiations between the Parties with respect to the subject matter hereof.
41. Task Orders OC San does not guarantee that Contractor will receive any individual Task Order Bids, nor that the Contractor will receive an equal number of Task Order Bids as
compared to any other awarded Contractors. OC San makes no guarantee that the Maintenance & Repair Services Program budget, identified in the RFQ, will be expended.
41.1 Each Task Order will be limited to no greater than $300,000.
41.2 OC San will order the Services through a Request for Task Order Bid. Each Request for Task Order Bid will contain a detailed Scope of Services and may require attendance at a job walk (including Subcontractors, as needed) prior to the submission of a Task Order Bid.
41.3 Task Order Bid will be awarded on the basis of the lowest responsive Bid.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
12 of 18
41.4 The Request for Task Order Bid will identify the project, location of the Work, and other general and special requirements.
41.5 All Task Order Bids will be lump sum.
41.6 Contractors will be required to list Subcontractors in accordance with Public Contract Code Section 4104. 41.7 Payment terms will be specified in each Request for Task Order Bid. 41.8 Payment & Performance Bond requirements, if applicable, will be specified in each Request for Task Order Bid. Notice to Proceed shall not be made until the bonds are approved by OC San. 41.9 OC San does not guarantee that any qualified Contractor will be awarded any individual Task Order Bids.
41.10 The Contractor shall submit its Task Order Bid within the time specified in the Request for Task Order Bid. Late Task Order Bids will not be accepted.
41.11 Changes to the Task Order Bid Services shall be made in accordance with Master Services Contract Exhibit “B” General Conditions.
42. Task Order Bid Protest Procedures This section sets forth the procedure and remedies concerning submittal and consideration of all protests received by OC San with respect to this Request for Task Order Bid (RFTOB) issued under this Master Services Contract. All communications to OC San relating to a Protest shall be in writing and submitted electronically to Purchasing@OCSAN.gov. By submitting a Task Order Bid (TOB), each Contractor hereby agrees and understands that the Contractor must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the express written consent of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Contractor as not responsible. This procedure is not intended to address issues concerning TOB responsiveness. The following terms as used in this Section shall have the following meanings:
• Affected Parties shall mean proposers on a procurement, whose direct economic interest would be affected by a submitted protest.
• Protest shall mean a written objection by an interested party or Affected Party to (i) the requirements or specifications contained in the RFTOB (solicitation protest); or (ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Contractors or prospective Contractors; (2) on award, the unsuccessful Contractor(s) with a direct economic interest in the outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the Task Order Bid due date as specified herein.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
13 of 18
• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the Task Order Bid, which shall be submitted after receipt of Task Order Bids, but before award of a Task Order Bid, as specified herein.
• File or Submit shall refer to the date of receipt by OC San.
Specific procedures and requirements are as follows: A. Solicitation Phase Protest The purpose of this RFTOB is to obtain competitive TOBs from awarded Contractors. Any Interested Party who has reason to believe that a free and open competition has
not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. 1. Contents and Requirements
A Solicitation Protest Statement must be submitted via email to Purchasing@OCSAN.gov and addressed to OC San's Buyer identified in the RFTOB by 4:00 p.m. (Pacific Time zone) no less than three (3) days prior to the TOB due date, and must contain all of the following to be considered: a. The name, address, and telephone number of the protestor; b. The title, TOB description, and number of the specification/ project number being protested;
c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal documentation in support of the protest; and
d. The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. The Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest Statement shall be deemed waived, including as a part of the award protest. Failure to file the Solicitation Protest Statement within the time period specified herein shall constitute a waiver of the right to protest the specifications or requirements of the RFTOB.
Solicitation Protest Statements are public documents. OC San will provide copies of the Solicitation Protest Statements upon written request.
2. Evaluation and Determination
No hearing will be held on the protest. OC San’s Contracts, Purchasing and Materials Management Division Manager (Purchasing Manager), or designee, will review all material submitted, conduct an investigation of the facts, and may, but
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
14 of 18
need not, request other Contractors to submit statements or arguments regarding the protest. OC San’s Purchasing Manager, or designee, may in his/her sole
discretion, discuss the protest with the protestor. OC San’s Purchasing Manager, or designee, shall issue a final written decision
regarding any solicitation protest to each Contractors prior to TOB submittal due date. The written decision will cite any actions that will or will not be taken in response to the Solicitation Protest Statement. The decision of the Purchasing Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse. B. Award Protest 1. Award Recommendation Following opening and evaluation of the TOBs, OC San will issue an award Recommendation to each Contractors through any one of the following methods: a. Delivery via overnight carrier; or
b. Posting the Award Recommendation on OC San’s online bidding system as identified within the RFTOB.
On the date OC San issues an award recommendation, OC San shall make copies
of all submitted TOBs available upon request. Requests shall be made to Purchasing@OCSAN.gov and shall contain the following in the subject line of the e-mail: “[Identify: Project/TOB name and Specification No.] – Request for Copies.”
2. Contents and Requirements Any Interested Party, who has reason to believe that a free and open competition has not taken place in the TOB submittal, evaluation of the TOBs, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the RFTOB, via electronic mail (e-mail) at Purchasing@OCSAN.gov no later than 4:00 p.m. (Pacific Time zone) on the third (3rd ) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement, or similar document, prior to the date OC San issues its award recommendation to
the Contractors. Award Protest Statements, or similar document, received prior to the issuance of OC San’s award recommendation will be considered premature and will be immediately returned to the party filing the Protest without consideration.
The Award Protest Statement must be submitted timely and contain all of the following to be considered:
a. The name, address and telephone number of the protestor; b. The title and number of the specification being protested; c. The OC San action or recommendation that is being protested; d. The name(s) of all Affected Parties;
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
15 of 18
e. A detailed statement setting forth the grounds, legal authority and facts in support
of the protest, including all documents and evidence ; f. Each and every ground on which the protestor bases the protest by specific
references to parts of the RFTOB, which shall be attached as exhibits; g. Each and every reason that all other Affected Parties who may be in line for the purchase or contract award should not be awarded the purchase or contract; h. A clear statement of the relief requested and the statutory or case law basis for such relief; and i. Signed and sworn by a principal of the protestor. If the submitted Award Protest Statement does not comply with the requirements set
forth herein, then it will not be considered for evaluation, and will be returned to the protestor. The Award Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument
not raised in the Award Protest Statement shall be deemed waived. Award Protest Statements are public documents. OC San will notify the Affected
Parties when a protest has been submitted, and will provide copies of the Protest Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination The Affected Parties may file responsive statements in support of or in opposition to the protest no later than 4:00 p.m. on the third business day after the receipt of the Award Protest Statement from OC San. The Purchasing Manager, or designee, shall review the facts and all submittals relative to the Award Protest Statement and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all Affected Parties.
Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided, except in the sole discretion of the Purchasing Manager, or designee.
In the event a hearing is conducted, the Purchasing Manager, or designee, shall issue written notice to the protestor and Affected Parties identifying the date and time
for the hearing, along with rules concerning the hearing. 4. Appeal Process In the event of an adverse decision by the Purchasing Manager, or designee, the protestor may submit a written appeal to the Director of Administrative Services and the Director of the Department requesting the Procurement, and immediately send copies to all Affected Parties. The appeal must be submitted via email to Purchasing@OCSAN.gov no later than 4:00 p.m. (Pacific Time zone) within three
(3) days after the date the Purchasing Manager, or designee, rendered a decision. The protestor shall only submit: (1) information and documentation previously submitted to the Purchasing Manager, or designee; (2) a copy of the final decision of the Purchasing Manager, or designee; and (3) a brief statement setting forth all
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
16 of 18
factual and legal bases for the appeal. The Director of Administrative Services, together with the Director of the Department requesting the Procurement shall
evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager’s determination. For Task Orders to be awarded by the General Manager, the decision of the Director of Administrative Services and the
Director of the Department requesting the Procurement shall be final. C. Delay in Award Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present: 1. The items or services being procured are urgently required; 2. Delivery or performance will be unduly delayed by failure to make award promptly; or 3. Failure to make prompt award will otherwise cause undue harm to OC San. D. No Limitation on Remedies
Nothing contained herein shall be construed to act as a limitation on OC San's choice of remedies or confer any right upon any Interested Party or Affected Party to a remedy.
E. Basis for Choice of Remedy
In determining the appropriate remedy, OC San shall consider all the circumstances surrounding the RFTOB and/or award, including, but not limited to: 1. Seriousness of any deficiency found to exist in the contracting process; 2. The effect of the action on the competitive process; 3. Any urgency surrounding the contract requirement; and 4. The effect that implementing the remedy will have on OC San.
F. Remedies If OC San determines that the award or proposed award was not made in accordance
with applicable statutes, regulations, policies and/or procedure, OC San, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:
1. Prior to award, OC San may issue a new solicitation, make a new selection/award recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures. 2. In its sole discretion, take no further action; or
3. Take any other action that is permitted by law to promote compliance.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
17 of 18
G. Legal Action
Any legal action to set aside the final determination of OC San must be filed no later than the 90th day following the date of the final determination consistent with Code of Civil Procedure section 1094.6. In the event a protestor files a legal action related to the
protest, if OC San prevails, OC San reserves the right to seek reimbursement of its costs, including attorneys’ fees, to the fullest extent permitted by law.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: B. Cori Voss Senior Buyer Orange County Sanitation District
10844 Ellis Avenue Fountain Valley, CA 92708-7018
Contractor: Contact Name Contact Title Company Name
Street Address City, State, Zip Code Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
18 of 18
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: ___________________________________ John B. Withers Chair, Board of Directors Dated: _________________ By: ___________________________________
Kelly A. Lore Clerk of the Board
Dated: _________________ By: ___________________________________
Ruth Zintzun Purchasing and Contracts Manager [CONTRACTOR] Dated: _________________ By: ___________________________________
______________________________________
Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number JK:CMM
EXHIBIT A Specification No. S-2021-1234BD
Exhibit A SCOPE OF SERVICES
For Maintenance & Repair Services
EXHIBIT A Page 1 of 3 Specification No. S-2021-1234BD
EXHIBIT A SCOPE OF SERVICES Maintenance and Repair Services SPECIFICATION NO. S-2021-1234BD
The Contractor shall be prepared and required to provide ethical, professional, and quality work in the best interests of the public and OC San (personnel and property) in conformance with current regulatory standards. The Contractor will be expected to perform work as described
below. All work shall be performed in accordance with OC San design guidelines, standard specifications, engineering (project) drawings and specifications. A. Mechanical Systems: Installation, demolition, replacement, testing, and repair work associated with mechanical systems. This work generally includes replacing, repairing, removing, testing, and installing, among other work items, mechanical equipment, and associated systems. This work generally includes, but is not limited to, work associated with pumping systems, air handling systems, fans, HVAC units, clarifier components, digester components, blowers, engines, valves, boilers, pulley systems, shop-cranes, scissor-lifts, line-stops, lab equipment, and other mechanical-type systems. Work includes replacing, repairing, or modifying associated piping and appurtenant equipment required to
install functioning systems. B. Piping Systems: Installation, demolition, replacement, testing, and repair of buried and
above-ground piping systems. This work generally includes replacing, repairing, removing, testing, and installing, underground and above ground piping systems of all types. This work generally includes, but is not limited to, installing piping, trenching and backfilling of
buried pipe systems, valves, corrosion, coating, lining, bypass piping, bypass pumping, sewage drainage, paving, related appurtenances and other items of work needed to construct, repair, or replace a fully functioning piping system. Typical OC San piping systems include, but are not limited to, sewer piping (lateral, trunk, force-main, etc.), water piping, storm-water piping, gas piping, air conveyance piping, chemical piping, etc.
C. Electrical Systems: Installation, demolition, replacement, testing, and repair work associated with electrical systems. This work generally includes replacing, repairing, removing, testing, and installing, among other items, electrical equipment, conduit, wiring, electric motors, generators, transformers, switchgear, lighting, transducers, and associated systems. This work generally includes, but is not limited to, work associated
with instrumentation systems, circuit systems, motors, fiber-optics, analyzer systems, control systems, programming, and other electrical-type systems. Work includes replacing, repairing or modifying associated electrical equipment and appurtenant equipment
required to install functioning systems. D. Instrumentation Systems: Installation, demolition, replacement, and repair of OC San
Instrumentation systems. This work includes replacing, repairing, removing, testing, and installing, among other items, system process design, control systems, implementation of redundancy practices, measurement acquisition, and associated systems. This work generally includes, but is not limited to, transducers, gauges, monitors, meters, probes, programming, and associated systems. Work includes replacing, repairing, testing,
calibrating, or modifying associated instrumentation equipment and appurtenant equipment required to install functioning systems.
EXHIBIT A Page 2 of 3 Specification No. S-2021-1234BD
E. Structural Repairs and Replacements: Installation, demolition, replacement, and repair of OC San structural systems. This work generally includes replacing, repairing, removing,
and installing, among other work items, concrete, wood, steel systems, beam systems, roofing systems, supports and associated systems. This work consists of, but is not limited to, vertical and horizontal concrete flatwork, structural steel, timber and wood structures,
brickwork, masonry, platforms, scaffolding, decks, and associated systems. Work also consists of structural analysis of said systems, general reinforcement, seismic reinforcement, and other items not listed.
F. Yard/Site Work Repairs and Replacements: Installation, demolition, replacement, and repair of site-systems. This work generally includes replacing, repairing, removing, and installing, among other work items, site soil, pavement, and associated systems. This work generally includes, but is not limited to, asphaltic concrete, walkways, railings, base course, sub-base, pavement patching, concrete curb and gutter, irrigation systems, sidewalk, driveway, garden walls, sprinkler systems, retaining walls, drainage systems, parking areas, street lighting and other typical yard or site items and systems. G. Architectural and Building Systems: Installation, demolition, replacement, and repair of architectural and building systems. This type of work generally includes, but is not limited
to, walls, stair-ways, ladders, leisure areas, office areas, plumbing systems, bathroom repairs, ceiling tiles, railings, hand-rails, roofing systems and other typical office or building items and systems.
H. Contaminated Soil Remediation Services: Work associated with the remediation of contaminated soil or groundwater. This work generally includes performing preliminary risk
analysis, creation of a remediation plan, and the implementation of the plan. I. Remediation Services: Work associated with the removal and disposal of hazardous materials, that include but is not limited to lead-based paint and asbestos containing materials (such as floor tiles or roofing materials). This work includes compliance with all
local, state, and federal regulations. J. Chemical Systems: Installation, demolition, replacement, and repair of chemical handling systems. This work generally includes addition/injection systems, removal systems, analyzer systems and storage systems. This work generally includes but is not limited to chemical analyzer systems, chemical control systems, chemical storage tanks, chemical
delivery piping and equipment, system maintenance, redundancy analysis/implementation, chemical dosing, field testing and other items typically found or associated with chemical systems.
K. Landscaping: Installation, demolition, and replacement of landscaping. This work generally includes, but is not limited to, replacing, repairing, removing, and installing hard
and soft items associated with landscapes, such as, plants, irrigation, concrete, paving, grass, rocks, gravel, soil and other associated items. L. Signs and Related Systems: Installation, demolition, replacement, and repair of signage and related systems. This work generally includes, but is not limited to, signage associated
with traffic regulation, confined-space entry, global harmonization, warning and precautionary systems, construction signage and other associated items.
EXHIBIT A Page 3 of 3 Specification No. S-2021-1234BD
M. Miscellaneous Services: This work generally includes, but is not limited to sandblasting/pressure washing, surface preparation, protective coating system application,
debris removal, trash removal, graffiti removal, potholing, shoring/trench protection systems, fiberglass, traffic control, traffic control plans, backhoe/excavator services, bypass piping/pumping and other services not listed. Miscellaneous services also include
related work activities necessary to properly complete required tasks. These work activities generally include, but are not limited to, labor, equipment transportation, site-staging, supervision, management, material acquisition/transport, dewatering, and
provision of tools.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1803 Agenda Date:9/1/2021 Agenda Item No:10.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PURCHASE OF BAR SCREEN DRIVE SHAFT ASSEMBLY FOR PLANT NO. 2
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Sole Source Purchase Order with Infilco Degremont Inc. for the purchase of one
spare drive shaft assembly for Plant No. 2 Bar Screening Facility, Model 316SS, for a total
amount not to exceed $96,771 plus applicable sales tax & freight charges; and
B. Approve a contingency of $4,839 (5%).
BACKGROUND
The Orange County Sanitation District (OC San) Headworks at Plant No. 2 uses six bar screen
assemblies to provide screening removal of solids and other non-biodegradables from influent
wastewater. The bar screens are designed for protection of downstream equipment and efficient
treatment. As unfiltered wastewater passes through a bar screen, debris collects on the steel bars. A
mechanical rake removes large objects such as rags, trash, wood, and other debris from the bars
and allows the influent wastewater to enter the Headworks for further treatment.
RELEVANT STANDARDS
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
PROBLEM
Bar screens are critical assets to the wastewater treatment process. Due to the nature of the
equipment, bar screen failures can be unpredictable. The lead time for purchasing a new main drive
gear assembly exceeds 12 weeks as it is not an off-the-shelf item.
Orange County Sanitation District Printed on 8/24/2021Page 1 of 2
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1803 Agenda Date:9/1/2021 Agenda Item No:10.
PROPOSED SOLUTION
Procure a spare drive shaft assembly from the Original Equipment Manufacturer (OEM),Infilco
Degremont Inc.,which is compatible with all six Plant No.2 bar screens.In the event of catastrophic
failure of a gearbox,adding a spare unit to OC San’s inventory will reduce the risk of significant
downtime and equipment unavailability for these critical assets.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
Failure to maintain adequate spare parts in inventory could result in extended equipment downtime
affecting operational permits.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Infilco Degremont Inc.is the OEM and is a subsidiary of Suez Treatment Solutions Inc.A 5%
contingency is requested in the event of pricing changes due to tariffs,delays in placing the order
beyond the quote availability, or other unforeseeable changes.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This
recommendation will be funded under the Repairs and Maintenance line item for Plant No.2
Operations and Maintenance Department (Budget Update -Fiscal Year 2021-2022,Page 45).The
available funding is sufficient for this action.
Date of Approval Contract Amount Contingency
09/01/2021 $96,771 $4,839
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
Orange County Sanitation District Printed on 8/24/2021Page 2 of 2
powered by Legistar™
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1764 Agenda Date:9/1/2021 Agenda Item No:11.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PROCUREMENT OF 21 ELECTRIC CARTS
GENERAL MANAGER’S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order to Southwest Toyota Lift for the purchase of 21 electric carts using
OMNIA Partners Cooperative Contract No. EV2671 for a total amount not to exceed $432,283,
including tax and freight; and
B. Approve a contingency of $21,615 (5%).
BACKGROUND
The Orange County Sanitation District (OC San) maintains a fleet of about 200 electric carts. Electric
carts are used within the treatment plants as the primary means of transportation for Operations &
Maintenance staff and their tools. Electric carts are an efficient and environmentally friendly method
of transportation for plant staff. The cost of purchasing an electric cart is significantly less than the
cost of a light-duty truck. Carts are evaluated for replacement based on total maintenance/repair
costs to date, condition, and age.
RELEVANT STANDARDS
·Participate in local, state, and national cooperative purchasing programs
·Ensure the public’s money is wisely spent
PROBLEM
The electric carts identified for replacement require significant body panel and control systems
repairs and, as they age, the reliability decreases and affects the ability of field staff to perform their
work. Maintenance costs coupled with repair costs for these units are approaching replacement cost.
Additionally, electric carts currently in use have unsealed lead-acid batteries and lack modern
controls and safety systems.
Orange County Sanitation District Printed on 8/24/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1764 Agenda Date:9/1/2021 Agenda Item No:11.
PROPOSED SOLUTION
The staff recommends replacing 21 existing electric carts.
TIMING CONCERNS
A 5%contingency is being recommended should a pricing change occur between the date of
approval and date of purchase due to tariffs and controlled market conditions.
RAMIFICATIONS OF NOT TAKING ACTION
The electric carts selected for replacement are becoming unreliable,deteriorating,and no longer
economical to maintain.Cart downtime for repairs directly impacts the ability of staff to complete
work.
PRIOR COMMITTEE/BOARD ACTIONS
NA
ADDITIONAL INFORMATION
OC San updated the electric cart specification in 2019 to address safety concerns related to cart
rollover,battery,and charging technology improvements.Electric carts from Columbia meet or
exceed OC San’s electric cart specification and are available through a competitive bid contract.
OC San possesses the ability to purchase material,services,and equipment through cooperative
agreements.These cooperative agreements tend to lower unit prices and streamline the purchasing
process.
OC San is utilizing OMNIA Partners Cooperative Contract No.EV2671 with Columbia through
Southwest Toyota Lift (local distributor), in accordance with OC San’s Purchasing Ordinance.
OMNIA Partners Contract uses a competitive bid process comparable to OC San’s process and
vetted by Purchasing.The savings under this Cooperative Agreement is $93,971 (19%)versus the
listing prices.
These costs are inclusive of freight and sales tax.
Summary information on the quote for 21 electric carts is as follows:
Vehicle Description and Unit Quantities Total Amount (Including Options,
Freight, Tax, Tire Fees)
21 Columbia Electric Carts $432,282.40
CEQA
N/A
Orange County Sanitation District Printed on 8/24/2021Page 2 of 3
powered by Legistar™
File #:2021-1764 Agenda Date:9/1/2021 Agenda Item No:11.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item is
budgeted.Adopted Budget:Line item:Section 8,Page 102,Fleet Services,Electric Carts O&M (21);
Budget Update 2021-22.
Date of Approval Contract Amount Contingency
09/22/2021 NTE $432,283 $21,615 (5%)
ATTACHMENT
N/A
DS:bb:sr:gc
Orange County Sanitation District Printed on 8/24/2021Page 3 of 3
powered by Legistar™
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1806 Agenda Date:9/1/2021 Agenda Item No:12.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
MANHOLE FRAME AND COVER SERVICES, SPECIFICATION NO. S-2021-1258BD
GENERAL MANAGER’S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to Ayala Engineering, Inc. to provide Manhole Frame & Cover
Replacement Services, Specification No. S-2021-1258BD, for a total amount not to exceed
$992,105 for the period beginning November 1, 2021 through October 31, 2022, with four, one
-year renewal options; and
B. Approve a contingency of $148,816 (15%).
BACKGROUND
The Orange County Sanitation District (OC San) owns approximately 4,000 manholes throughout its
service area. Occasionally, manholes need repair or replacement due to corrosion, wear from traffic,
settling, age, or street repaving. Public safety requires the repair of worn manhole frames and covers
in a timely fashion. In addition, when streets are repaved by cities or the county, OC San is required
to reset the manhole frames and covers to align with the new street elevation.
RELEVANT STANDARDS
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
·Protect OC San assets
·Commitment to safety & reducing risk in all operations
PROBLEM
There has been an increased level of street maintenance and repaving in the service area. The
current authorized contract amount for the manhole frames and covers replacement service was
insufficient to sustain the necessary manhole frames and covers replacement work. The prior
Service Contract funding was exhausted with five months remaining in the annual term.
Orange County Sanitation District Printed on 8/25/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1806 Agenda Date:9/1/2021 Agenda Item No:12.
PROPOSED SOLUTION
Staff rebid the unit price based Service Contract with a greater number of estimated units to reset the
contract for the greater service need.Staff recommends awarding a new Service Contract to Ayala
Engineering, Inc. for $992,105, with an annual 15% contingency of $148,816.
TIMING CONCERNS
The current contract will expire at the end of October.Public safety will be at risk without the ability to
quickly replace or reset damaged or misaligned manhole frames and covers.
RAMIFICATIONS OF NOT TAKING ACTION
Without a contract in place,the manhole frames and covers continue to degrade and risk the safety
of the public and the integrity of OC San’s assets.Individual purchase orders are time-consuming
and will reduce the speed at which repairs can take place.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San issued a notice inviting bids on June 30,2021 through PlanetBids.The bids were due on
August 4,2021.OC San received one responsive bid.The bid is valid for 180 calendar days from
the opening date.
BID RESULTS:
The following is a list of the companies that submitted a bid.
Company Name Bid Determination
Ayala Engineering, Inc.$992,105 Responsive
AWARD RECOMMENDATION
Based on the bid results,staff recommends awarding a Service Contract to the lowest responsive
and responsive bidder,Ayala Engineering,Inc.The term of this contract will begin November 1,2021
through October 31, 2022, with four, one-year renewal options.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels OC San’s Purchasing Ordinance.This budgeted item is in
the FY 2021-22 budget.Line item:3,Section 06,Page 76.Operating Expenses By Category:
Orange County Sanitation District Printed on 8/25/2021Page 2 of 3
powered by Legistar™
File #:2021-1806 Agenda Date:9/1/2021 Agenda Item No:12.
Professional & Contractual Services.
Date of Approval Contract Amount Contingency
09/29/2021 $992,105 $148,816 (15%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Service Contract
DS:mb:sr:gc
Orange County Sanitation District Printed on 8/25/2021Page 3 of 3
powered by Legistar™
Orange County Sanitation District 1 of 10 Specification No. S-2021-1258BD Revision 031021
SERVICE CONTRACT Manhole Frame and Cover Replacement Services
Specification No. S-2021-1258BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Ayala Engineering Inc. with a principal place of business at 8482 East Meadowridge Street, Anaheim, CA 92808 (hereinafter
referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H WHEREAS, OC San desires to temporarily retain the services of Contractor for Manhole Frame
and Cover Replacement Services “Services” as described in Exhibit “A”; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance
No. OC SAN-56; and WHEREAS, on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services, NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”.
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit “A” Scope of Work Exhibit “B” Bid
Exhibit “C” Determined Insurance Requirement Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies Exhibit “F” General Conditions 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract is set forth below: a. Service Contract
b. Exhibit “F” General Conditions c. Exhibit “C” Determined Insurance Requirement Form d. Exhibit “D” Contractor Safety Standards e. Permits and other regulatory requirements f. Exhibit “E” Human Resources Policies
Orange County Sanitation District 2 of 10 Specification No. S-2021-1258BD Revision 031021
g. Exhibit “A” Scope of Work h. Exhibit “B” Bid Price Form
1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof.
1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term “hours” shall mean 7:00 A.M. to 4:00 P.M., Monday through Friday when used in this Contract. 1.9 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below.
1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not exceed Nine Hundred Ninety-Two
Thousand One Hundred Five Dollars ($992,105.00). 3. California Department of Industrial Relations (DIR) Registration and Record of Wages
3.1 To the extent Contractor’s employees and/or its subcontractors who will perform Work during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-
compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OC San and/or general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
Orange County Sanitation District 3 of 10 Specification No. S-2021-1258BD Revision 031021
4. Payments and Invoicing
4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s Project Manager or designee, of an itemized invoice submitted for Services completed in accordance with Exhibit “A”. OC San, at its sole discretion, shall be the determining party
as to whether the Services have been satisfactorily completed. 4.2 Invoice shall be emailed by Contractor to OC San Accounts Payable at APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number and S-2021-1258BD shall be referenced in the subject line.
5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OC San at any time. All modifications must be made in writing
and signed by both Parties. 8. Contract Term The Services provided under this Contract shall be for the period of one (1)
year commencing on November 1, 2021 and continuing through October 31, 2022. 9. Renewals 9.1 OC San may exercise the option to renew this Contract for up to four (4) one-year periods based upon the criteria set forth in Exhibit “A”, under the terms and conditions contained herein. OC San shall make no obligation to renew nor give reason if it elects not to renew. 9.2 This Contract may be renewed by OC San Purchase Order.
10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. Also, refer to Exhibit F – General Conditions, Section entitled Extension Of
Time For Delay. 11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination 12.1 OC San reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this
Contract and release OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination.
Orange County Sanitation District 4 of 10 Specification No. S-2021-1258BD Revision 031021
12.2 OC San reserves the right to terminate this Contract immediately upon OC San’s
determination that Contractor is not complying with the Scope of Work requirements, if the
level of service is inadequate, or any other default of this Contract.
12.3 OC San may also immediately cancel for default of this Contract in whole or in part by written
notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if total amount of compensation exceeds the amount authorized under this Contract.
12.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs first. 13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirement Form (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a
subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract.
14. Bonds Not Used 15. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility
for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OC San, Contractor shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or
negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or
proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any
Orange County Sanitation District 5 of 10 Specification No. S-2021-1258BD Revision 031021
loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal
counsel acceptable to OC San. 16. Contractor Safety Standards and Human Resources Policies OC San requires
Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC San locations. If during the course of the Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
17. Warranties (Refer to Exhibit F – General Conditions, Section entitled Warranty (Contractor’s Guarantee).
18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract.
19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract. 20. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed and 2) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2.
22. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable
Federal, State, and local air pollution control laws and regulations. 23. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work
performed under the terms of this Contract will be paid by Contractor. 24. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of
Orange County Sanitation District 6 of 10 Specification No. S-2021-1258BD Revision 031021
Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically
referenced. 25. Contractor’s Employees Compensation
25.1 Davis-Bacon Act – Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 25.2 General Prevailing Rate – OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and
copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2,
OC San will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request.
25.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
25.4 Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more. 25.5 Workday – In the performance of this Contract, not more than eight (8) hours shall constitute
a day’s work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit
to OC San as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any
one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 25.6 Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and
Orange County Sanitation District 7 of 10 Specification No. S-2021-1258BD Revision 031021
overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the
project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and
those of its subcontractors shall be available to the employee or employee’s representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776.
26. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 27. Governing Law This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof.
28. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach.
29. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price OC San has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price,
together with any incidental or consequential damages. 30. Dispute Resolution
30.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the
dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process.
30.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with
Orange County Sanitation District 8 of 10 Specification No. S-2021-1258BD Revision 031021
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make
such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for
errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein.
31. Attorney’s Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 32. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 33. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
34. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 35. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OC San.
36. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
37. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 38. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
39. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall
be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
40. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
Orange County Sanitation District 9 of 10 Specification No. S-2021-1258BD Revision 031021
41. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract,
the Parties are formally bound. 42. Entire Contract This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade, Principal Buyer Orange County Sanitation District
10844 Ellis Avenue Fountain Valley, CA 92708
Contractor: Ricardo Ayala Owner Ayala Engineering, Inc.
8482 East Meadowridge Street Anaheim, CA 92808 Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District 10 of 10 Specification No. S-2021-1258BD Revision 031021
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: ___________________________________ John B. Withers Chair, Board of Directors Dated: _________________ By: ___________________________________ Kelly A. Lore Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing & Contracts Manager AYALA ENGINEERING, INC.
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer JL
EXHIBIT A Specification No. S-2021-1258BD
EXHIBIT A SCOPE OF WORK (CONFORMED) For Manhole Frame and Cover Replacement Services
EXHIBIT A – Conformed Page 1 of 4 Specification No. S-2021-1258BD
EXHIBIT A SCOPE OF WORK Manhole Frame and Cover Replacement Services Specification No. S-2021-1258BD 1) Background Orange County Sanitation District (OC San) is a public agency responsible for collecting, treating, and safely disposing of wastewater and its residuals. OC San’s collection system includes approximately four thousand (4,483) manholes. The purpose of this Scope of Work (SOW) is to replace the damaged manhole frames and covers identified by OC San with OC San provided frames and covers. 2) Description of the Work The SOW is inclusive of the following items:
A. Contractor shall replace defective manhole frames and covers identified by OC San throughout its service area with frames and covers provided by OC San. B. OC San estimates replacement of approximately seventy five (130) manhole frames and covers annually. OC San does not guarantee the actual quantity of
the manhole frames and covers to be replaced. C. Contractor shall replace defective manhole frames and covers identified in work orders issued by OC San. OC San will endeavor to group work orders by city due to specific permit and traffic control requirements to the greatest extent possible. Replacement shall include:
• Removal and disposal of existing collar, frame, cover, and broken/damaged grade ring(s)
• Installation of new frame and cover (type, size, style as indicated)
• Construction of new reinforced collar
• Contractor shall refer to OC San Standard Drawings, Appendix A, for
additional details. D. When manholes frame and covers are located within a concrete pad:
• The Contractor shall sawcut a 4 foot by 4 foot around a 24” frame and cover.
• Or the Contractor shall sawcut a 5 foot by 5 foot around a 36” frame and cover.
• The Contractor shall epoxy dowel in 18” long ¾” diameter dowels at 18” O.C. and match the thickness of adjacent pavement + 2”, or as directed by the
onsite inspector.
E. Contractor shall replace defective manhole frames and covers identified in work orders issued by OC San. OC San will endeavor to group work orders by city due to specific permit and traffic control requirements to the greatest extent possible. Replacement shall include:
• Removal and disposal of existing collar, frame, cover, and broken/damaged grade ring(s)
• Installation of new frame and cover (type, size, style as indicated)
• Construction of new reinforced collar
• Contractor shall refer to OC San Standard Drawings, Appendix A, for
EXHIBIT A – Conformed Page 2 of 4 Specification No. S-2021-1258BD
additional details.
F. Contractor shall seal the manhole components that are adjusted or otherwise impacted by frame and cover installation.
• Sealing method shall match the existing manhole corrosion protection system (lining or coating) per OC San manhole adjustment detail.
• Coatings shall be supplied by the Contractor and shall be applied by a manufacturer certified applicator.
• PVC manhole toppers shall be provided by the Contactor and installed by the Contractor.
• The PVC manhole toppers shall be installed by Ameron trained and certified workers.
• All corrosion protection shall be tested for pinholes or probed for weak welds prior to acceptance. G. For manholes which are coated with polyurethane or epoxy, the Contractor shall perform the necessary repairs with the same product already in the manhole such as Sancon 100, Sprayroq. Alternatively, the repairs may be performed with a 2-component epoxy such as Sikadur 31 Hi-Mod. H. Contractor shall paint existing OC San Exterior Grade Rings/concrete when
required to be above Grade, Safety Yellow. (Sherwin Williams SW4084 Safety Yellow Paint or equivalent)
I. OC San will provide the Contractor with location maps identifying manhole locations with each work order. 3) Work Elements The Contractor shall ensure that all spoils and debris are removed from the work site on a daily basis. Any spilled Portland cement concrete (PCC) shall be cleared, swept, and removed to the satisfaction of OC San and/or the agency having jurisdiction. The Contractor shall complete OC San work orders within thirty (30) calendar days unless extended in writing by OC San. Extensions of time to work orders will be at the sole discretion of OC San. Frequent lengthy delays in responses to work orders may be cause for termination of the Contract.
There may be emergency situations that will require the Contractor to respond on short notice. For these situations, the Contractor shall respond within twenty-four (24) hours of receiving the work order and include the emergency response fee included in Exhibit “B”
in addition to the regular charges for the work. 4) Street Resurfacing Depending on the jurisdictional requirements of each work location (City, County, etc.), finish grade may be Portland cement concrete (PCC) or asphalt concrete (AC). The Contractor is to determine each jurisdiction’s finish grade requirements when applying for permit. If finish grade is AC, capping must occur within three (3) business days of the actual frame and cover replacement. A tack coat shall be applied prior to placing the hot mix AC. The depth of the AC cap shall be a minimum of 1½ inches and shall be vibrated in place with a plate compactor. Finish grade of the new frames and covers must match
existing street grade without any low or high spots.
EXHIBIT A – Conformed Page 3 of 4 Specification No. S-2021-1258BD
5) Odor Abatement
A. Upon direction from OC San the Contractor shall reseal manhole covers with duct seal Cal Pico #CD-5, or equal. OC San shall provide the Contractor with the
sealing material at no cost to the Contractor. Work area around the manhole is to be swept clean of all debris. Failure to properly seal a manhole following the completion of work may be cause for termination of the Contract. B. During construction, if needed, OC San will provide the Contractor with odor abatment spray to help neutralize odors and reduce the risk of odor complaints. 6) Contractor Requirements The Contractor shall furnish all labor, materials, equipment, and incidentals necessary for the removal and replacement of defective manhole frames and covers located throughout the OC San service area.
Contractor shall have verifiable experience replacing/repairing sewer manhole frames and covers for the past three (3) years. Contractor shall submit the agency name(s), contact names, and telephone numbers for the reference(s). Contractor shall have Ameron trained and certified workers to perform all PVC manhole
topper work. 7) OC San Provided Frames and Covers Replacement frames and covers will be provided by OC San at no cost to the
Contractor. These items will be made available for pick up by the Contractor at the OC San Plant 1 warehouse (located at 10844 Ellis Ave in Fountain Valley) and will be provided in quantities necessary to fulfill each individual work order. Warehouse
business hours are from 7:00 AM to 3:30 PM Monday – Thursday. The Contractor shall be responsible for the pick up and transportation of the new frames and covers to the job site/work locations.
8) Permits and Access Contractor shall prepare applications, submit, and acquire all permits required by agencies having jurisdiction for all aspects of the work performed within their jurisdiction including, but not limited to, traffic control and or encroachment permits. OC San will only reimburse the Contractor for those permit fees that are specific to the work orders and approved by the jurisdiction(s) having authority. 9) Traffic Control
All traffic control shall be in accordance with the latest Caltrans “Manual of Traffic Control.” Additional local regulations shall have precedence. Contractor shall apply for all traffic control permits and pay all fees for said permits. OC San shall reimburse Contractor only for fees paid for approved permits. Safe and adequate pedestrian, bicyclist, and vehicular access shall be provided in accordance with Section 7-10 of the Standard Specifications for Public Works Construction (The “Greenbook”), 2018 Edition. The Contractor shall provide standard lane closures at no additional cost to OC San. For traffic control requiring flag men, pilot cars, and arrow boards (or as required by the
EXHIBIT A – Conformed Page 4 of 4 Specification No. S-2021-1258BD
permitting agency) OC San will pay the contractor(s) per the cost as submitted on the Bid Price Form, Exhibit “B”.
Inadequate or improper signing and delineation for traffic control may be cause for termination of the Contract.
10) General Work Hours This SOW is to be completed during normal work hours, Monday through Friday 7:00 a.m. – 4:00 p.m. or as required by the permit. Night work and weekend hours may be necessary due to traffic conditions and permit restrictions.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1626 Agenda Date:9/1/2021 Agenda Item No:13.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
AGREEMENT FOR PURCHASE OF ANIONIC POLYMER, SPECIFICATION NO. C-2021-1252BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Chemical Supplier Agreement to Polydyne, Inc. for the purchase of Liquid Anionic
Polymer, Specification No. C-2021-1252BD, for the period of November 1, 2021 through
October 31, 2022, for a unit price of $4.50 per active pound delivered, plus applicable sales
tax for a total estimated annual amount of $685,125, with four, one-year renewal options; and
B. Approve an annual unit price contingency of 10%.
BACKGROUND
Orange County Sanitation District (OC San) has used anionic polymer for over 30 years. Anionic
polymer and ferric chloride are added to the primary influent at both plants to enhance the removal of
organics and improve the settling of suspended solids during primary treatment. This is referred to
as the chemically enhanced primary treatment (CEPT) process. It is estimated that 140,000 active
pounds of anionic polymer will be required during this contract period.
RELEVANT STANDARDS
·Meet volume and water quality needs for the GWRS
·24/7/365 treatment plant reliability
PROBLEM
Solids and organics not captured and removed in the primary treatment process are converted into
biological solids in the secondary treatment process which are more difficult to digest and more costly
to dewater.
Orange County Sanitation District Printed on 8/25/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1626 Agenda Date:9/1/2021 Agenda Item No:13.
PROPOSED SOLUTION
Continue with the addition of anionic polymer which has been effective in improving solids removal
efficiencies in the primary clarifiers resulting in reduced operating costs and increased biogas
production.
TIMING CONCERNS
The current contract expires October 31, 2021, with zero remaining renewals.
RAMIFICATIONS OF NOT TAKING ACTION
If anionic polymer is not used in the primaries,it will result in increased solids and organics loading to
the secondary treatment plants resulting in increased energy usage and operating costs.In addition,
less solids captured from the primary treatment process reduces digester gas production.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San selected a 2-step procurement as the method of choice for this commodity.The first step
was issuing a Request for Qualifications on May 11,2021 via PlanetBids.A non-mandatory pre-
qualification meeting was conducted virtually on May 26,2021.Responses were due on June 11,
2021.OC San received one responsive Statement of Qualification along with necessary lab
samples.The samples submitted by Polydyne passed the bench scale testing (performed by OC
San Lab) and the firm was found responsive on their submittal.
Summary information on the Anionic Polymer bid is as follows:
Bidder Polymer Type Amount of Bid
Polydyne, Inc.WE-1145 $4.50 per active pound
Staff recommends award of a Chemical Supplier Agreement to the lowest responsive and
responsible bidder, Polydyne Inc., for the purchase of Anionic Polymer.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the OC San’s Purchasing Ordinance.This item has
been budgeted in the Operating Budget,Division 830,Supplies (Section 6,p.84)and Division 840,
Supplies (section 6, page 88).
Orange County Sanitation District Printed on 8/25/2021Page 2 of 3
powered by Legistar™
File #:2021-1626 Agenda Date:9/1/2021 Agenda Item No:13.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Chemical Supplier Agreement
MPV:PP:cf:gc
Orange County Sanitation District Printed on 8/25/2021Page 3 of 3
powered by Legistar™
Orange County Sanitation District 1 of 9 Specification No. C-2021-1252BD
120518
CHEMICAL SUPPLIER AGREEMENT Purchase of Liquid Anionic Polymer Specification No. C-2021-1252BD
THIS AGREEMENT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as “OC San”) and [___________] with a principal place of business at [________________] (hereinafter referred to as “Supplier”) collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to engage Supplier to provide Liquid Anionic Polymer as described in Exhibit “A”; and
WHEREAS, Supplier submitted its Proposal dated [____________]; and WHEREAS, on [______________], the Board of Directors of OC San, by minute order, authorized
execution of this Agreement between OC San and Supplier; and WHEREAS, OC San has chosen Supplier to provide Liquid Anionic Polymer in accordance with Ordinance No. OC San-52; and NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agreed as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the “Agreement”) is made by OC San and the Supplier. The terms and conditions herein exclusively govern the purchase of Liquid
Anionic Polymer as described in Exhibit “A”. 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement
as though fully set forth at length herein. Exhibit “A” Scope of Work, inclusive of Appendices
Exhibit “B” Bid Exhibit “C” Determined Insurance Requirements Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 1.4 This Agreement may not be modified, changed, or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written
instrument signed by both Parties. 1.5 The various headings in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement or any section or provision hereof. 1.6 The term “days”, when used in the Agreement, shall mean calendar days, unless otherwise
noted as workdays.
Orange County Sanitation District 2 of 9 Specification No. C-2021-1252BD
120518
1.7 The term “workday”. Workdays are defined as all days that are not Saturday, Sunday, or OC San observed holidays. Meetings with OC San staff shall be scheduled from Monday through Thursday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff who maintain plant operations 24 hours per day 7 days per week and work a rotated 12-hour shift) and shall conform to OC San work schedules. 1.8 OC San holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Work Hours: The work required under this Agreement may include normal business hours, evenings, and weekends.
1.10 Supplier shall provide OC San with all required premiums and/or overtime work at no charge beyond the total amount of the Agreement.
1.11 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Supplier as a result of work performed in anticipation of purchases of said services by OC San. 2. Delivery 2.1 LOCATIONS: Deliveries shall be made in accordance with the Scope of Work, Exhibit “A”. 2.2 OC San will pay only for the actual quantity of Anionic Polymer delivered, based upon certified tare weight and net weight. The quantity invoiced by Supplier and payable by OC San will be for the total net weight of Anionic Polymer delivered (loaded gross weight minus the tare weight). Tare weight shall be determined immediately after each delivery and prior to cleaning, emptying, or clearing the delivery tank.
2.3 A bill of lading shall accompany all shipments in accordance with Exhibit “A”. 3. Possession Ownership and control of all Anionic Polymer delivered pursuant to this
Agreement shall remain solely and exclusively with Supplier, until complete transfer of possession by delivery to OC San at the designated locations is made by Supplier.
4. Quantity 4.1 OC San makes no guarantee to actual use or quantity of Anionic Polymer purchased. Use may be sporadic based on the wastewater treatment requirements unique to each treatment plant. 4.2 OC San will, through the term of this Agreement, purchase Anionic Polymer from Supplier exclusively, except when OC San determines Supplier cannot make delivery within the time specified, with the quality and quantity specified, at the Agreement price, the level of Service is inadequate, OC San unapproved increase in active liquid pound rate or for any other default or breach of this Agreement. In such event, OC San may purchase Anionic Polymer elsewhere and charge Supplier any difference in the delivered price to OC San from that provided in this Agreement, or alternatively, OC San may terminate the Agreement based on said breach or failure to deliver the specified product. Quality control tests will be performed by OC San on the delivered Anionic Polymer to ensure it is consistent with the
requirements specified in Exhibit ”A”.
Orange County Sanitation District 3 of 9 Specification No. C-2021-1252BD
120518
5. Pricing and Invoicing 5.1 Supplier will invoice for Anionic Polymer delivered in accordance with Exhibit “A”, and in accordance with the unit price(s) listed in Exhibit “B”. Prices shall include all cartage and taxes except California State Sales Tax. The sales tax will be paid by OC San. 5.2 OC San shall pay, net thirty (30) days, upon receipt and approval by OC San of itemized invoices, submitted in a form acceptable to OC San to enable audit of the charges thereon. Supplier shall email invoices to OC San Accounts Payable at APStaff@ocsan.gov and “INVOICE” with the Purchase Order Number and Anionic Polymer shall be referenced in the subject line. All invoices shall include a description of the delivery location, the delivery date, and the unit price(s).
6. Modifications 6.1 This Agreement may be modified or changed only by written instrument in the form of an amendment to this Agreement signed by both Parties.
6.2 Pricing modifications: The prices established in this Agreement shall remain firm for the one-year Agreement term. Quarterly pricing will not be accepted. Any adjustments made will
allow for increases or decreases in the manufactured cost of the Anionic Polymer and will be based upon OC San validated information furnished by Supplier and OC San sources. Adjustments will only be reviewed on an annual basis. OC San reserves the right to agree with or reject the proposed unit price increase or decrease. 7. Agreement Term The Services provided under this Agreement shall be for the period of one (1) year commencing on November 1, 2021 and continuing through October 31, 2022. 8. Renewals 8.1 OC San may exercise the option to renew the Agreement for up to four (4) one-year periods based upon the criteria set forth in Exhibit “A”, if mutually acceptable terms can be
negotiated. OC San shall make no obligation to renew nor give reason if it elects not to renew.
8.1.1 Renewals may be made through the OC San Purchase Order Process. 8.2 The prices established in the original Agreement may be adjusted. The adjustment will
allow for any increase or decrease in the manufactured cost of the Anionic Polymer and will be based upon OC San validated information furnished by Supplier and OC San sources. Adjustments will only be reviewed on an annual basis. OC San reserves the right to agree with or reject the proposed unit price increase or decrease. 8.2.1 Price adjustments shall be made through the Amendment process.
9. Termination 9.1 OC San reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San. Upon receipt of a
termination notice, Supplier shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Supplier for work performed (cost and fee) to the date of termination. Supplier expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OC San from any further fee, cost or claim hereunder by Supplier other than for work
performed to the date of termination.
Orange County Sanitation District 4 of 9 Specification No. C-2021-1252BD
120518
9.2 OC San reserves the right to terminate this Agreement immediately upon OC San’s determination that Supplier is not meeting specification requirements for delivery of quantities needed, the level of service is inadequate, for poor quality of product, for OC San unapproved increase in unit price(s), or any other default or breach of this Agreement. 9.3 OC San may also immediately terminate for default of this Agreement in whole or in part by written notice to Supplier:
• if Supplier becomes insolvent or files a petition under the Bankruptcy Act; or
• if Supplier sells its business; or
• if Supplier breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this Agreement.
9.4 All OC San property in the possession or control of Supplier shall be returned by Supplier to OC San upon demand, or at the termination of this Agreement, whichever occurs first. 10. Indemnification and Hold Harmless Supplier shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or
be caused by Supplier's services under this Agreement, or by its subcontractor or by anyone directly or indirectly employed by Supplier, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OC San, Supplier shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with
Supplier's performance under this Agreement, and/or (b) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive,
on the part of Supplier of or anyone employed by or working under Supplier. To the maximum extent permitted by law, Supplier's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Supplier agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. This section shall survive the expiration or early termination of the Agreement. 11. Insurance Supplier shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirements Form, Exhibit “C“. Supplier shall not commence work under this Agreement until all required insurance is obtained in a form
acceptable to OC San, nor shall Supplier allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 12. Equipment Loss OC San will be responsible for any loss or damage to Supplier-owned
equipment, when OC San determines OC San is at fault, only to the extent of OC San’s fault, and will reimburse Supplier for such loss or damage upon receipt of invoices, minus a deduction for any amount determined to be the fault of Supplier or its subcontractor or a third party.
Orange County Sanitation District 5 of 9 Specification No. C-2021-1252BD
120518
13. Conflict of Interest and Reporting Supplier shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 14. Supplier’s Relationship to OC San Supplier’s relationship to OC San in the performance of this Agreement is that of an independent contractor. The personnel performing Services under this Agreement shall, at all times, be under Supplier’s exclusive direction and control, and shall be employees of Supplier and not employees of OC San. Supplier shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all legal reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker’s compensation and similar matters.
15. Contractor Safety Standards and Human Resources (HR) Policies OC San requires Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC
San locations. If during the course of the Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC
San. Contractor and all of its employees and subcontractors shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”. 16. Drug-Free Workplace All employees of Supplier who will perform work under this Agreement must adhere to the California Drug-Free Workplace Act, Government Code Sections 8350 through 8357. 17. Assignments Neither this Agreement nor any interest herein or any claim hereunder may be assigned by Supplier either voluntarily or by operation of law, nor may all or substantially all of this Agreement be further subcontracted by Supplier without the prior written consent
of OC San. 18. Attorney’s Fees If any action at law or in equity 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.
19. Permits, Ordinances and Regulations Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement shall be paid by Supplier. Fees demanded for obtaining certificates, including associated inspection fees and expenses of regulatory inspectors shall be paid by Supplier. 20. Training Certification When required by regulation, certificates of training shall be maintained on-site for the duration of the activity that requires an employee of Supplier to be certified. Certificates shall be current. Lack of certificates when required will be cause for removal of offending personnel from the site, termination of the Agreement, or both.
21. Compliance with Law Supplier warrants that under the performance of this Agreement, it shall comply with all applicable Federal, State and local laws, and all lawful orders rules and
regulations thereunder. In connection with the execution of this Agreement, Supplier shall not discriminate against employees or an applicant for employment because of race, religion, color, sex, or national origin. Supplier shall take affirmative action to ensure that
applicants are employed, and employees are treated during their employment without
Orange County Sanitation District 6 of 9 Specification No. C-2021-1252BD
120518
regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-off or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship. 22. Disputes 22.1 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. Pending final resolution of a dispute hereunder, Supplier shall proceed diligently with the performance of this Agreement and in accordance with OC San’s decision.
22.2 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution
of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration
through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 22.3 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein. 23. Right to Review Services, Facilities, and Records
23.1 OC San reserves the right to review any portion of the Services performed by Supplier under this Agreement, and Supplier agrees to cooperate to the fullest extent possible. Supplier shall furnish to OC San such reports, statistical data, and other information pertaining to Supplier’s Services as shall be reasonably required by OC San to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bond and other obligations. 23.2 The right of OC San to review or approve specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Supplier shall not relieve Supplier of any obligation set forth herein.
24. Incorporated Documents 24.1 The Scope of Work, including all Appendices, Proposal, Acknowledgement of Insurance
Requirements, and OC San Safety Standards are hereby incorporated into and made a part of this Agreement, and unless modified or changed hereinabove, are controlling for all matters pertaining to the supply of Liquid Anionic Polymer and the manner of performance
thereof.
Orange County Sanitation District 7 of 9 Specification No. C-2021-1252BD
120518
24.2 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the other incorporated documents, the provisions of this Agreement shall in all respects govern and control.
25. Severability Any provision of this Agreement which is found to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions hereof. 26. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Agreement or default
thereunder. 27. Breach Any breach by Supplier to which OC San does not object shall not operate as a
waiver of OC San to seek remedies available to it for any subsequent breach. 28. Public Contracts Law OC San is subject to the provisions listed in the prevailing wage
determination made by the Director of the Department of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of law applicable to public contracts are part of this Agreement to the same extent as though set forth herein and will be complied with by Supplier. Supplier shall not pay less than the prevailing wage.
29. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Supplier’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply
with the appropriate rules and regulations of the SCAQMD. 30. Performance Time is of the essence in the performance of the provisions hereof.
31. Familiarity with Work By executing this Agreement, Supplier warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware
of all conditions there; and 3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Supplier discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Supplier’s risk, until written instructions are received from OC San.
32. Damage to OC San’s Property Any OC San property damaged by Supplier, its subcontractor(s), or by the personnel of either will be subject to repair or replacement by Supplier at no cost to OC San. 33. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OC San and Supplier. 34. Authority to Execute The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound.
Orange County Sanitation District 8 of 9 Specification No. C-2021-1252BD
120518
35. Read and Understood By signing this Agreement, Supplier represents that it has read and understood the terms and conditions of the Agreement. 36. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. 37. Notices All notices under this Agreement must be in writing. Written notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade
Principal Buyer Orange County Sanitation District 10844 Ellis Avenue
Fountain Valley, CA 92708 Supplier: IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: ___________________________________ John B. Withers
Chair, Board of Directors Dated: _________________ By: ___________________________________ Kelly Lore Clerk of the Board Dated: _________________ By: ___________________________________ Ruth Zintzun Contracts and Purchasing Manager
Orange County Sanitation District 9 of 9 Specification No. C-2021-1252BD
120518
[SUPPLIER] Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number
EXHIBIT A Page 1 of 3 Specification No. C-2021-1252BD
EXHIBIT A SCOPE OF WORK Purchase of Liquid Anionic Polymer (Step 2 of 2) SPECIFICATION NO. C-2021-1252BD 1. PRODUCT REQUIREMENTS 1.1 Anionic Polymer The anionic polymer will be for coagulation in the primary clarifiers. Liquid anionic polymer to be a stabilized 2.0% solution, complete miscible with water or sewage, with the following chemical and physical properties:
The % total solids 1.8 – 2.2%
The % volatile solids 97.8 – 98.2%
The % active polymer 1.8 – 2.2% Viscosity, molecular weight, and charge density should be specified on the Certificate of Analysis which should accompany each shipment as specified in section 1.4 of this Exhibit A. Specifications should be consistent throughout the term of the contract and should match those of the polymer submitted for trial testing.
2. PRODUCT DELIVERY
2.1 The product supplied shall be of new manufacture and shall not be a reconstituted, reclaimed or spent product. Said product shall be clean and free from all dirt, wood and plastic particulate matter which could cause pumping failure. It shall contain no
foreign substances, organic or inorganic, in injurious quantities. An injurious quantity shall be defined as the minimum capable of producing ill effects in the treatment plant process, in the receiving water, in sludge quality or causing Orange County Sanitation District (OC San) to exceed its NPDES requirements or does not conform to the quality criteria outlined below. Inorganic and organic impurities shall be determined by the procedures described in the latest edition of Standard Methods for the Examination of Water and Wastewater. OC San reserves the right to reject a load or cancel the contract if the stated requirements are not met. 2.2 A Delivery statement shall accompany all shipments and state the delivered weight and delivered gallons and active pounds, actual specific gravity and/or density of the
product being shipped, and the actual percent of the delivered solution. Payment shall be based on the actual active pounds of product delivered. At a minimum, the invoice shall include a description of the delivery location, the delivery date, the unit price, the
volume of product delivered, and any other parameters used to determine the cost for the shipment. The Supplier shall submit a duplicate copy of all invoices labeled for Division 830.
2.3 Each solution anionic polymer delivery requires a representative 16-ounce sample from the delivered load. A Certificate of Analysis must accompany each shipment and shall contain 1) the original gel polymer lot number used for the production of the solution anionic polymer, the original gel polymer molecular weight, and viscosity; 2) the delivered solution anionic polymer percent total solids, the percent active polymer and the specific gravity of the solution anionic polymer delivered. A certified analysis is defined as a statement signed by the manufacturer or supplier's representative declaring the analysis information is true and accurate. On initiation of this contract, a copy of each analytical test procedure must be made available to OC San. The analytical procedures must be in accordance with Standard Methods and be
EXHIBIT A Page 2 of 3 Specification No. C-2021-1252BD
acceptable to OC San. The minimum % total solids will be the minimum specification used for billing and product quality determinations.
2.4 OC San reserves the right to request polymer on a schedule convenient to the needs of the treatment plants. Deliveries shall typically be made within three (3) days of
request and only received Monday through Friday between the hours of 7:00 A.M. and 4:00 P.M. PT. 2.5 The Supplier shall notify the Control Center or Operations' Center Clerk (Control Center) at the respective treatment plant upon arrival. The Supplier shall not unload polymer into any storage tank until the Supplier has received the appropriate tank key. Delivery receipts signed by an OC San employee will be presented to the Control Center when unloading is completed. Bill of Lading must be labeled with the information listed below in order to be accepted.
• Approved name/number of product
• Specify "ANIONIC"
• FOR PHYS/CHEM TREATMENT IN ANIONIC TANK If the above information is not on the Bill of Lading, off-loading will not take place
without confirmation from OC San supervision and/or the Supplier that it is the
product ordered.
2.5.2 OC San will not accept what might be considered typographical errors. The
polymer company has many products with similar product numbers so
documentation must be accurate.
2.5.3 The OC San operator will examine the sample for color, consistency, and odor.
If an anionic polymer delivered has an amine (ammonia) odor, the load will be
rejected. Do Not Off-load.
2.6 Rejection of Shipment OC San reserves the rights to reject deliveries or terminate the contract if, 1) product quality has deteriorated; 2) product is different from that which was trialed; 3) full scale performance of the chemical is significantly different from that shown during trial testing.
2.7 OC San does not guarantee any minimum or maximum usage of anionic polymer, but it is estimated that the annual usage will be 80,000 and 50,000 active pounds for Plant
1 and Plant 2, respectively. The quantity mentioned is an estimate only, based on past and expected usage. Deliveries will be made to Plants 1 and 2 as called for. Tank location name and volume: Bulk Location Tank Volume Typical Load Plant 1 Headworks 9200 gal 5000 gal
Plant 1 Headworks 9200 gal 5000 gal Plant 1 Headworks 14805 gal 5000 gal Plant 2 Headworks 11300 gal 5000 gal Plant 2 Headworks 11300 gal 5000 gal
EXHIBIT A Page 3 of 3 Specification No. C-2021-1252BD
3. PRODUCT QUALITY
3.1 The Supplier shall provide polymer identical to the product supplied to OC San during the qualification portion of the bid. The neat polymer delivered by the Supplier must not contain solidified masses of polymer and must be 100% in solution when mixed by
means of OC San’s polymer solution batch mixing procedure. 3.2 Periodic quality control tests will be performed by OC San on the delivered anionic polymer to assure that minimum contract specifications are attained, and that the supplier-reported quality is accurate. All billings will be for no more than the actual polymer delivered. Polymer will be paid for on a corrected weight basis. All polymers delivered under the minimum product specifications shall be discounted proportionately. On a quarterly basis, Supplier of the anionic polymer shall provide the viscosity of a representative solution anionic polymer made down as delivered. 4 SAFETY
4.1 General – A meeting with personnel from OC San's Risk Division will be required before the start of contract. OC San requires hard hats, safety glasses, and safety shoes be worn on the plant premises. Face shields may also be required to be worn
when working around pressured chemical systems at connections, disconnections, adjustments, and observations. It is the responsibility of the Supplier to inform the delivery truck drivers of this obligation and train them in these requirements.
4.2 Safety showers and eye washes are located at the chemical handling locations. Drivers must review the shower and eyewash locations prior to off-loading chemicals. Drivers shall comply with OC San’s safety policies while on the plant sites. The Supplier shall provide safety equipment. Lack of safety equipment or failure to use safety equipment will be cause for rejection of the product. 4.3 Spill Response Plan - The Supplier shall have and maintain an effective spill response plan to minimize environmental impacts. Said plan must be forwarded in writing to OC San approximately 30 calendar days after the award of the contract. Drivers shall be trained accordingly.
5 DELIVERY PROCEDURES for Plant 1 and Plant 2
Chemical delivery Standard Operating Procedures (SOPs) are referenced in Appendix A-1.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1216 Agenda Date:9/1/2021 Agenda Item No:14.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVE., PROJECT NO. FE18-12
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for Erosion Control at Santa Ana River
and Hamilton Ave., Project No. FE18-12;
B. Award a Construction Contract to Engineering & Environmental Construction, Inc. for Erosion
Control at Santa Ana River and Hamilton Ave., Project No. FE18-12, for a total amount not to
exceed $162,281; and
C. Approve a contingency of $24,342 (15%).
BACKGROUND
The Orange County Sanitation District (OC San) has a valve vault installed near the Santa Ana River
Trail just north of Hamilton Avenue, in the City of Huntington Beach. The vault is located in an area
that slopes down to a pedestrian entrance gate to a condominium complex.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
PROBLEM
The slope between the valve vault and the pedestrian entrance erodes during rainstorms and the
runoff deposits mud and sediment on the adjacent condominium parking lot. Soil erosion will
ultimately compromise the integrity of the vault.
Orange County Sanitation District Printed on 8/25/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2020-1216 Agenda Date:9/1/2021 Agenda Item No:14.
PROPOSED SOLUTION
Award a construction contract for Erosion Control at Santa Ana River and Hamilton Avenue,Project
No.FE18-12.This project will repair,recompact,and install riprap to provide long-term protection to
the slope around the vault.This project also eliminates the need for recurring slope maintenance
that is not completely effective at stopping soil erosion.
This project requires the excavation and compaction of soil around the valve vault.Because of the
relatively small contract value,and the cost to repair a single undisclosed utility can be high,staff
recommends awarding a construction contract contingency of 15% rather than the usual 10%.
TIMING CONCERNS
Before the start of each rainy season,OC San staff must install straw waddles and other control
measures to help prevent soil erosion around the vault.Mud has been flowing into the condominium
parking lot for several rainy seasons and should be dealt with as soon as possible.
RAMIFICATIONS OF NOT TAKING ACTION
Not stabilizing the slope next to the vault will lead to the vault being further exposed and possibly
damaged and mud will continue to flow onto the parking lot each year.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FE18-12 for bids on May 6,2021.One on-line bid was received on
July 1, 2020. A summary of the bid opening follows:
Engineer’s Estimate $102,000
Bidder UAmount of Bid
Engineering & Environmental Construction, Inc.$162,281
The bid was evaluated in accordance with OC San’s policies and procedures.A notice was sent to
the bidder on July 29,2021,informing them of the intent of OC San to recommend award of the
Construction Contract to Engineering & Environmental Construction, Inc.
A post-bid survey was conducted with the nine firms on the Planholder’s list.Six of the firms said
they did not submit due to competing projects and priorities.One firm declined due to safety and
financial paperwork requirements, and another prefers to bid on unit price contracts.
At this point,changes could be made to rebid the project with the hope of getting more bidders.That,
however,would involve significantly more staff time and delay the work until after another wet
season.The additional staff costs and interim erosion control measures would likely offset savings
from a more competitive bid environment.
Orange County Sanitation District Printed on 8/25/2021Page 2 of 3
powered by Legistar™
File #:2020-1216 Agenda Date:9/1/2021 Agenda Item No:14.
Staff recommends awarding a construction contract to the lowest responsive and responsible bidder,
Engineering & Environmental Construction, Inc., for a total amount not to exceed $162,281.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations sections 15301.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 the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2021-2022,Appendix A,Page A-8,Small Construction
Projects Program, Project No. M-FE) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
·Presentation
SS:dm:sa:gc
Orange County Sanitation District Printed on 8/25/2021Page 3 of 3
powered by Legistar™
C-CA-103020
PART A
CONTRACT AGREEMENT
C-CA-103020
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL CONDITIONS ................................................................. 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION ................................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 21
SECTION – 18 TERMINATION ............................................................................... 21
SECTION – 19 WARRANTY ................................................................................... 21
SECTION – 20 ASSIGNMENT ................................................................................ 22
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 22
SECTION – 22 SAFETY & HEALTH ....................................................................... 23
SECTION – 23 NOTICES ....................................................................................... 23
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE18-12
EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE
THIS AGREEMENT is made and entered into, to be effective, this September 1, 2021, by and
between Engineering & Environmental 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 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 2 of 24
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 3 of 24
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 4 of 24
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FE18-12
EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 5 of 24
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE18-12
EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within one hundred twenty (120) 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 seven (7) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 6 of 24
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OCSD’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated
Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 7 of 24
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 Sixty-Two Thousand Two Hundred
Eighty-One Dollars ($162,281) as itemized on the Attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 8 of 24
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OCSD’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 9 of 24
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions –“Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 10 of 24
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
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 11 of 24
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
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 12 of 24
(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
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 13 of 24
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
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 14 of 24
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD
requires and shall be entitled to coverage for the higher limits maintained by the
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 15 of 24
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
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
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 16 of 24
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 17 of 24
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage: Combined single limit of One Million Dollars ($1,000,000).
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.
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-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 18 of 24
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
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
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 19 of 24
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OCSD’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
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
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 20 of 24
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OCSD and any public agency issuing permits for the Project must be named as
“Additional Insured” on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
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
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 21 of 24
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
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.
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 22 of 24
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
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
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 23 of 24
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: Engineering & Environmental Construction, Inc. 7171 Warner Avenue, Suite B-404 Huntington Beach, CA 92647
Copy to: James Harding, C.F.O Engineering & Environmental Construction, Inc. 7171 Warner Avenue, Suite B-404 Huntington Beach, CA 92647
C-CA-103020 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 24 of 24
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Engineering & Environmental Construction, Inc.
7171 Warner Avenue, Suite B-404
Huntington Beach, CA 92647
By_________________________________________
_________________________________________ Printed Name
Its_________________________________________
CONTRACTOR’s State License No. 883727 (Expiration Date – 09/30/2022)
OCSD: Orange County Sanitation District
By_______________________________________ Brooke Jones Chair, Operations Committee
By_______________________________________ Kelly A. Lore
Clerk of the Board By_______________________________________
Ruth Zintzun Purchasing & Contracts Manager
C-EXA-080414
EXHIBIT A SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
C-EXA-080414 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OCSD’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
C-EXA-080414 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
C-EXA-080414 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 3 of 8
The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or
to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times.
C-EXA-080414 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-080414 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 5 of 8
acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
C-EXA-080414 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 6 of 8
2. The previously-accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-080414 PROJECT NO. FE18-12 EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE CONFORMED Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-080414
PROJECT NO. FE18-12
EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVENUE
CONFORMED
Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Engineering & Environmental Construction, Inc.
BF-14 SCHEDULE OF PRICES, Pages 1 - 2
Bid Submitted By: Engineering & Environmental Construction
(Name of Finn)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of:the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit. overhead, etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes, state and/or federal. and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C-BF-010521
PROJECT NO. FE18-12
EROSION CONTROL AT SANTAANA RIVER AND HAMILTON AVENUE
Page 1 of 2
Bid Submitted By: Engineering & Environmental Construction
(Name of Finn)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item No. Description Unit of Extended Price Measurement
1. Mobilization: The amount for this Bid Item shall include
all fees, labor, materials, and equipment required for all Lump Sum $ 10,000 mobilization activities and shall be in conformance with
the Contract Documents for the lump sum price of ...
2. Slope Remediation: The amount for this Bid Item
includes all labor, materials and equipment necessary
for the completion of the Work for slope remediation and Lump Sum $ . ; s z 1 2. B L oo all other Work not covered in Bid Item No. 1, in
conformance with the Contract Documents for the lump
sum price of ...
TOTAL AMOUNT OF BID (BASIS OF AWARD)
BF-14 SCHEDULE OF PRICES C-BF-010521
PROJECT NO. FE18-12
EROSION CONTROL AT SANTA ANA RIVER AND HAMIL TON AVENUE
Page 2 of2
8/25/2021
1
Erosion Control at Santa Ana River
and Hamilton Avenue
Project No. FE18‐12
Presented by:
Kathy Millea
Director of
Engineering
Operations
Committee
September 1, 2021
Construction Contract Award
Site Vicinity
2
Project Site
Treatment Plant No. 2
Project Site
1
2
8/25/2021
2
A. Receive and file Bid Tabulation and Recommendation for Erosion Control at Santa Ana River and Hamilton Ave., Project No. FE18-12;
B. Award a Construction Contract to Engineering & Environmental Construction for Erosion Control at Santa Ana River and Hamilton Ave., Project No. FE18-12, for a total amount not to exceed $162,281; and
C. Approve a contingency of $24,342 (15%).
Recommendation
3
Questions
?
4
3
4
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1430 Agenda Date:9/1/2021 Agenda Item No:15.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55, PROJECT NO. FE18-13
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve the First Amendment to Utility Agreement No. OCSD-1005, between the Orange County
Sanitation District and the Orange County Transportation Authority agreeing to a funding increase for
the relocation and protection of the Redhill Relief Sewer at State Route 55 in the City of Santa Ana.
BACKGROUND
The Orange County Transportation Authority (OCTA) is implementing the State Route 55 (SR-55)
Improvement Project to widen SR-55 between Interstate 5 and Interstate 405. The Orange County
Sanitation District (OC San) owns a sewer running under SR-55 immediately south of Warner
Avenue, in the City of Santa Ana.
Redhill Relief Sewer Relocation at State Route 55, Project No. FE18-13, will extend a required
protective casing for the sewer and relocate a manhole out of the widened right of way. OCTA has
agreed to compensate OC San for the cost of this work, as documented in a March 2020 Utility
Agreement between the agencies.
RELEVANT STANDARDS
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
·Protect OC San assets
PROBLEM
The Utility Agreement’s reimbursable upper limit was based on an initial conceptual design.
Following site exploration and utility records research, the design had to be revised with deeper
excavation, a longer length, and a curved sewer installation. As a result, the existing reimbursable
limit is not adequate to complete the project.
Orange County Sanitation District Printed on 8/24/2021Page 1 of 2
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1430 Agenda Date:9/1/2021 Agenda Item No:15.
PROPOSED SOLUTION
Approve an Amendment to the Utility Agreement increasing the Utility Agreement’s reimbursable from
$1,435,000 to $2,840,000. OCTA has accepted the new upper limit.
TIMING CONCERNS
The relocation and protection of the sewer must begin by May 2022,to avoid impacting OCTA’s
schedule for work that requires this work to be completed.
RAMIFICATIONS OF NOT TAKING ACTION
OCTA would not be authorized to reimburse OC San for the full cost of the project.
PRIOR COMMITTEE/BOARD ACTIONS
March 2020 -Approved Utility Agreement No.OCSD-1005 between the Orange County Sanitation
District and the Orange County Transportation Authority agreeing to specific terms,conditions,and
funding obligations regarding the relocation and protection of the Redhill Relief Sewer at State Route
55 in the City of Santa Ana.
ADDITIONAL INFORMATION
Staff plans to advertise the project for bids in November 2021 and estimates the construction to start
in May 2022.
CEQA
The relocation and protection of the Redhill Relief Sewer is included in the Initial Study/Mitigated
Negative Declaration/Environmental Assessment,prepared by Caltrans and OCTA,for the SR-55
Improvement Project.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2021-2022,Appendix A,Page A-8,Small Construction
Projects Program,Project No.M-FE)and the budget is sufficient for the recommended action.Costs
for the project will be reimbursed by OCTA.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·First Amendment to Utility Agreement No. OCSD-1005
·Utility Agreement No. OCSD-1005
·Presentation
RD:dm:sa:gc
Orange County Sanitation District Printed on 8/24/2021Page 2 of 2
powered by Legistar™
OR I GE O 'TY TR N PORT TIO A TIIORITY FIR T \i\lE. D\IE TO TILIT) GREEi\lF. T '0. O D-1005
D1stnct County Route Post Mile Project ID No 12 Orange SR-55 6.4/10 2 1200020328
Federal Aid No _STPLN-6071 (129)_
Owner's File· Plan #-OCSD-1005 ---
FEDERAL PARTICIPATION On the Project
On the Util1t1es
� Yes
�Yes
EA
0J340
Pngc I or2
I J-1:X-'.!4 (REV I '2014)
QNo
0No
FIRST AMENDMENT TO UTILITY AGREEMENT NO. OCSD-1005
WHEREAS, Orange County Transportation Authority, hereinafter called OCTA, whose address Is 550 South Main Street, Orange, California 92863-1584, and Orange County Sanitation District, hereinafter called OWNER, have entered into that certain Utility Agreement No. OCSD-1005, dated April 7, 2020, which Agreement sets forth the terms and conditions pursuant to which OWNER has been performing final design and relocation work to accommodate SR-55 Improvement Project No. 1200020328/EA 0J340, and,
WHEREAS, in the performance of said work, increased costs of $1,405,000.00 over and above those estimated at the time of the execution of said Agreement were incurred due to revisions made to the original, conceptual sewer design along with the additional associated design work and construction costs in connection therewith, and,
WHEREAS, It has been determined that, since costs have overrun the amount shown in said Agreement by
97 91%, and when the increased cost exceeds by 25% the estimated amount set forth in said Agreement, said Agreement shall be amended to show the increased cost of the work to OCTA: and,
WHEREAS, the estimated cost to OCTA of the work to be performed under said Agreement was
$1,435,000.00, and by reason of the increased costs referred to above, the amended estimated cost to OCT A
IS $2,840,000 00
NOW, THEREFORE, the PARTIES agree to amend the AGREEMENT as follows:
1 The estimated cost to OCTA of $1,435,000.00 as set forth In the AGREEMENT is hereby amended to read
$2,840,000 00
2 All other terms and conditions of the AGREEMENT remain unchanged.
1 L(,,\I 02�0950701\J
A A
ti ,\
r-1R T AMENDMENTlO UTILITY AG REEMENT NO. OCSD-1005 (Cont.)
IN WITNESS WHEREOF, the PARTIES hereto have executed this First Amendment to Utility Agreement No
OCSD-1005 th1s ___ day of _______ , 2021 .
OWNER:
ORANGE COUNTY SANITATION DISTRICT
APPROVED
By·
Date:
John B. Withers
Board Chairman
APPROVED AS TO FORM.
:~ston & B~,~~
(Famefa rivet! 1
ATTEST.
By:
Date.
Special Counsel
Kelly A. Lore, MMC
Clerk of the Board
I EGAL02/40950701\J
ORANGE COUNTY TRANSPORTATION
AUTHORITY,
a public entity
APPROVED
By:
Date:
James G. Beil, P.E.
Executive Director,
Capital Programs
-------------
APPROVED AS TO FORM·
By:
Rick E. Rayl
Special Counsel
Page 2 of2
ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT
RW 13-05 {REV 12/2016)
DISTRICT COUNTY ROUTE POST MILE
12 Orange SR-55 6.4/10.2
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
STPLN-6071 (129) OCSD-1005
FEDERAL f>ARTICIPATION
Page I of5
Project ID
1200020328
E.A. 0J340
On the project 18:J YES O NO On the Utilities !El YES • NO
UTILITY AGREEMENT NO. OCSD-1005 DATE Otr/0 7/-zoU)
Pursuant to Cooperative Agreement Number C-7-1936 (Cooperative Agreement), the Orange County
Transportation Authority (OCTA) is partnering with the California Department of Transportation (Caltrans) in a
project that proposes to widen State Route 55 (SR-55) between Interstate 405 and Interstate 5 (SR-55
Improvement Project). Per the Cooperative Agreement, OCTA is the lead agency for Right of Way Acquisition
and Utility. The SR-55 Improvement Project proposes to reduce traffic congestion, improve mobility as well as
traffic operations to an existing four mile stretch of SR-55.
Orange County Sanitation District (OCSD)
10844 Ellis Avenue ·
Fountain Valley, CA 92708
Hereinafter referred to as "OWNER", owns and maintains sewer facilities in the City of Santa Ana within the limits
of OCT A's project which requires project development, design, inspection, project management, relocation of a
manhole and sewer segments and the extension of casing to accommodate OCT A's project, and provision of
necessary easement interests as set forth in Section V below.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. OCSD-1005 dated February 13, 2020, OWNER shall
relocate sewer manhole and extend casing. All work shall be performed substantially in
accordance with OWNER's Plan No. OCSD-1005 dated February 13, 2020 consisting of 1 sheet,
a copy of which is on file in the OCTA office at 550 S. Main Street; Orange, CA 92863-1584.
Deviations from the OWNER's plan described above initiated by either the OCTA or the OWNER,
shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised
Notices to Owner, approved by the OCTA and agreed to/acknowledged by the OWNER, will
constitute an approved revision of the OWNER'S plan described above and are hereby made a
part hereof. No work under said deviation shall commence prior to written execution by the
OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an
amendment to this Agreement in addition to the revised Notice to Owner.
II. LIABILITY FOR WORK
ADA Notice For individuals with sensory disabilities, lhis document is available in alternate formats. For alternate format
information, contact the forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms
Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LEUAl.02/3949271 lvl
LEGAL02/396 I 7270v I
Pngc 2 of5
I UTILITY AGREEMENT NO. OCSD-1005
The-existing facilities are lawfully maintained in their present location and qualify for relocation at
OCTA expense under the provisions of Section (703) of the Streets and Highways Code.
Ill. PERFORMANCE OF WORK
OWNER agrees to cause the herein described work to be performed by a contract with the lowest
qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or
cause to be furnished all necessary labor, materials, tools, and equipment required therefore,
and to prosecute said work diligently to completion.
Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem
expense amounts allowed under the California Department of Human Resources travel expense
guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-OCTA
personnel travel per diem. Owner shall also include an explanation why local employee or
contract labor is not considered adequate for the relocation work proposed.
Work performed by OWNER's contractor is a public work under the definition of Labor Code
Section 1720(a) and is therefore subject to prevailing wage requirements.
Work performed directly by Owner's employees falls within the exception of Labor Code Section
1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to
prevailing wages. OWNER shall verify compliance with this requirement in the administration of
its contracts referenced above.
IV. PAYMENT FOR WORK
The OCT A shall pay its share of the actual and necessary cost of the herein described work
within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of
OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the
actual and necessary cost and expense. The OWNER shall maintain records of the actual costs
incurred and charged or allocated to the project in accordance with recognized accounting
principles.
It is understood and agreed that OCT A will not pay for any betterment or increase in capacity of
OWNER's facilities in the new location and that OWNER shall give credit to OCTA for the salvage
value of any material or parts salvaged and retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit
detailed itemized progress bills for costs incurred, not to exceed OWNER's recorded costs as of
the billing date less estimated credits applicable to completed work. Payment of progress bills
not to exceed the amount of this Agreement may be made under the terms of this Agreement.
Payment of progress bills which exceed the amount of this Agreement may be made after receipt
and approval by OCT A of documentation supporting the cost increase and after an Amendment
to this Agreement has been executed by the parties to this Agreement.
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work
described in Section I above. If OCTA has not received a final bill within 360 days after
notification of completion of OWNER's work described in Section I of this Agreement, and OCT A
has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint
Use Agreements for OWNER's facilities {if required), OCTA will provide written notification to
OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent
LEGAl.02/3949271 lvl
I.EG/\l.02/39617270v I
Page 3 of5
I UTILITY AGREEMENT NO. OCSD-1005
allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA
processes a final bill for payment more than 360 days after notification of completion of OWNER's
work, payment of the late bill may be subject to allocation and/or approval by the OCT A Board of
Directors.
The final billing shall be in the form of a detailed itemized statement of the total costs charged to
the project, less the credits provided for in this Agreement, and less any amounts covered by
progress billings. However, OCTA shall not pay final bills which exceed the estimated cost of
this Agreement without documentation of the reason for the increase of said cost from the
OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the OWNER's
estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a
copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of
the amount over the estimated cost of this Agreement may be subject to allocation and/or
approval by the OCT A Board of Directors.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended
Agreement shall be executed by the parties to this Agreement prior to the payment of the
OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the
work described in Section I of this Agreement, shall have the prior concurrence of OCT A.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period
of three years from the date of the final payment and will be available for audit by OCT A and or
Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the
Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101 , 201 , et al., to the
extent they are applicable to OWNER doing work on the project that is the subject of this
agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1,
Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a
subsequent OCT A and/or Federal audit determines payments to be unallowable, OWNER
agrees to reimburse OCT A upon receipt of OCT A billing. If OWNER is subject to repayment due
to failure by OCTA to comply with applicable laws, regulations, and ordinances, then OCTA will
ensure that OWNER is compensated for actual cost in performing work under this agreement
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of August 22, 2018 to review, study
and/or prepare relocation plans and estimates for the project associated with this Agreement may
be billed pursuant to the terms and conditions of this Agreement.
If OCTA's project which precipitated this Agreement is canceled or modified so as to eliminate
the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the
right to terminate this Agreement by Amendment. The Amendment shall provide mutually
acceptable terms and conditions for terminating the Agreement.
All obligations of OCTA under the terms of this Agreement are subject to the acceptance of the
Agreement by OCTA Board of Directors or the Delegated Authority (as applicable), the passage
of the annual Budget Act by the State Legislature, and the allocation of those funds by the
California Transportation Commission.
OWNER shall submit a Notice of Completion to the OCTA within 30 days of the completion of
the work described herein.
LcG/\L02/3949271 lvl
LEG/\L02/39617270vl
Page 4 of5
I UTILITY AGREEMENT NO. OCSD-1005
Such Easement Deeds as deemed necessary by the OCTA will be delivered to OWNER,
conveying new rights of way for portions of the facilities relocated under this Agreement, over
available STATE owned property outside the limits of the highway right of way.
OCTA's liability for the new rights of way will be at the proration shown for the relocation work
involved under this Agreement.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1,
Part 645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this
agreement. The Buy America requirements are further specified in Moving Ahead for Progress
in the 21 st Century {MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing
processes have occurred in the United States for steel and iron products (including the
application of coatings) installed on a project receiving funding from the FHWA.
OWNER understands and acknowledges that this project is subject to the requirements of the
Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410
and FHWA guidance, and will demonstrate Buy America compliance by collecting written
certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s)
mill test report {MTR).
All documents obtained to demonstrate Buy America compliance will be held by the OWNER for
a period of three (3) years from the date of final payment to the OWNER and will be made
available to OCTA or FHWA upon request.
One set of copies of all documents obtained to demonstrate Buy America compliance will be
attached to, and submitted with, the final invoice.
This does not include products for which waivers have been granted under 23 CFR 635.410 or
other applicable provisions or excluded material cited in the Department's guidelines for the
implementation of Buy America requirements for utility relocations issued on December 3, 2013.
OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly
relying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its
representatives concerning the Buy America Rule requirements for utility relocations within the
State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be
deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER's
actions are in compliance with the Guidance.
AB 262 -Buy Clean California Act of 2017 requires as of January 1, 2019 that the Department
of General Services (DGS) is to publish in the State Contracting Manual (SCM) a maximum
acceptable level of global warming potential (GWP) for each category of required materials. The
categories of eligible materials are, carbon steel rebar, flat glass, mineral wool board insulation
and structural steel. A statement of Environmental Product Declaration (EDP) is required prior to
beginning of relocation work, to the extent required by law.
THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS $1,435,000.00.
I.EGAL02/394927l lvl
1.EGAl.02/396 l 7270v I
Signatures on Following Page
l'agc 5 oJ' 5
UTILITY AGREEMENT NO. OCSD-1005
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
OWNER:
ORANGE COUNTY SANITATION DISTRICT
APPROVED &JUf o~~/t(),uNflv
___ {!___ ?jz5/70u; By:
David John Shawver
Board Chairman
Date:
I.I :(i/\!.02/3<J,:<J27 I Iv I
1..1:U.I\I .02/W6 l 7270v I
ORANGE COUNTY TRANSPORTATION
AUTHORITY,
a public entity
APPROVED
By:
. Beil, P.E.
Ex c ive Director,
. ital Programs
Date: w 'l.-<>'2-0
APPROVED AS TO FORM:
By:
Special Counsel
8/24/2021
1
Redhill Relief Sewer Relocation at
State Route 55
Project No. FE18‐13
Presented by:
Kathy Millea
Director of
Engineering
Operations
Committee
September 1, 2021
2
Redhill Relief Sewer at Warner Ave
OCTA
State Route 55
Improvement
Project
Project Site
1
2
/
TUSTIN
8/24/2021
2
Approve the First Amendment to Utility Agreement No. OCSD-1005, between the Orange County Sanitation District and the Orange County Transportation Authority agreeing to a funding increase for the relocation and protection of the Redhill Relief Sewer at State Route 55 in the City of Santa Ana.
Recommendation
Original Agreement $1,435,000
Proposed Change $1,405,000
New Agreement $2,840,000
3
Questions
?
4
3
4
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1689 Agenda Date:9/1/2021 Agenda Item No:16.
FROM:James D. Herberg, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
ORANGE COUNTY SANITATION DISTRICT REGULATORY COMPLIANCE UPDATE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information item.
BACKGROUND
Each month, staff provides an informational presentation on topics of interest to the Board of
Directors. This month’s topic: Orange County Sanitation District Environmental Services will present
an update on regulatory compliance.
RELEVANT STANDARDS
·Comply with the Clean Water Act
·Safe, beneficial reuse of Biosolids
·Meet volume and water quality needs for the GWRS
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Presentation
Orange County Sanitation District Printed on 8/25/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
8/25/2021
1
Compliance Program
Presented by: Tom Meregillano,
Environmental Supervisor
Environmental Services
Department
Operations Committee Meeting
September 1, 2021
2
Environmental Services Department
Resource
Protection
Division
(Pretreatment
Program)
Environmental
Services
Department
Industrial
Source
Control
Non‐Industrial
Source Control
Source
Control Inspection
Microbiology,
General Chemistry,
Sampling
Ocean
Monitoring
Environmental
Laboratory and Ocean
Monitoring Division
Analytical ChemistryCompliance
1
2
8/25/2021
2
Com/Res/Industrial
4
7 Resource Protection ‐GWRS
Compliance‐Effluent
Laboratory ‐Clients Resource
Protection, Compliance, Ocean
Monitoring
1 Resource Protection ‐Pretreatment
6 Ocean Monitoring
5 Compliance –Water Quality
2 Compliance‐
Influent/Air
3 Compliance‐Solids
Ocean
Treatment Plant
Environmental Services Department
3
Environmental Compliance and Reporting Governance
Santa Ana Regional Water
Quality Control Board
FEDERAL
STATE
REGIONAL/LOCAL
4
3
4
•
~--______:_---'~ I c> I
Water table
___.--: ----Ground w ate /' .:::--
--
-
'=.~~~
I
~ ~
Water Boards
•~-_____J
ft EA~ United States ~ Environmental Protection ,, Agency
Cal Recycle ~
CALIFO RNIA A.Ill IIESOUltCU IOAltO
., e
neal l
CARE AGF'
8/25/2021
3
Environmental Compliance and Reporting Governance
NPDES Discharge
Permit
•Discharge
Monitoring•SSO
•Biosolids
•Stormwater
Air Quality Permits
(TITLE V, AQMD,
CARB)
•Process Systems
•Engines, Boilers, Flares,
Odor Control
Emergency Generators
•Fleet and Maintenance•Construction
CCR Title 23
•UST/
ABT
AZ Title 18
Env. Quality
•Biosolids
CCR Title 14
•Biosolids and
Grit and
Screenings
5
Overview of Compliance Area
Plant No. 1
Plant No. 2
5
6
~ ~
Water Boards
ft EA~ United States ~ Environmental Protection
"' Agency
Cal Recycle ~ ~
CALIFORNIA ~ ••• ouo .. ocu •o••o ~
t:• neal l CARE AGF'J
8/25/2021
4
California
Arizona
California/AZ Counties – Composting Sites
Arizona Counties – Land Application Sites
Kern San
Bernardino
La Paz
Yuma
Overview of Compliance Area
7
NPDES Permit –Discharge Monitoring Reporting
•Monitoring: Over 12,500
Analyses per Year
•Reporting Frequency: Monthly,
Quarterly, Semi‐Annually, and
Annual
•Inspections: EPA, Regional
Water Quality Control Board
•Internal Audits: Annual
8
7
8
8/25/2021
5
Monitoring Locations
NPDES Permit –Water Quality Monitoring
•Monitoring: Over 42,200
Analyses per Year (Core,
Regional, SPS, Research)
•Reporting Frequency:
Monthly, Quarterly, Semi‐
Annually, and Annual
Grit and Screening
Biosolids – Class B
Transportation
NPDES Permit – Solids Monitoring
Compost/Land
Application
10
9
10
8/25/2021
6
Inspections: Annual
Reporting: Quarterly,
Semi-Annual,
Annual, Incident
Reporting
Internal Audit:
Annual
Air Quality – Compliance Reporting and Monitoring
Boilers FlaresEnginesOdor Control
Generators Fleet/MaintenancePump Stations Construction
>70,000 Data
Points/Year/Engine
>1,000 Data
Points/Year/Scrubber
>8,700 Data
Points/Year/Boiler
>4,300 Data
Points/Year/Flare
>8,700 Data
Points/Year/Station
>8,700 Data
Points/Year/Generator
Monitor >200
Units
Air Permitting and
Monitoring
11
Sanitary Sewer Overflow Reporting and Stormwater Construction
OC San Sewer Lines
•388 Miles of OC San’s
Sewer Lines
•Stormwater
Construction
Service Area
12
11
12
8/25/2021
7
•Collaboration with
Regulators
•Regulatory Advocacy
•Interactive Compliance
and Regulatory Tracker
Dashboards
•Internal Audit Program
Working Smarter
Status OK
Status Warning
13
•Organic Diversion – Food Waste
•Constituents of Emerging Concern –PFAS,
Microplastics, Flame Retardants, Pharmaceutical and
Personal Care Products
•Harmful Algal Bloom
•AB 617 Implementation – California Air Resources
Board
Future Concerns and Collaborations
14
13
14
Active Compliance Tasks Only
lJ ,. .. ~t.ha O< W••nmy ~-. ,.,..
AirQu11lit)' • 0
Oiosolid& •
1)1•,d a.11r11•Mc.11111(lruu1 • 0
Environments! Auditing • 0 0
llazardous. Waste and Materials • 0
lrih'lpl,m1 f,.1~.l111f' • II 0
Ocean Monito,ing • 0
Pon Constr1,1ction Mitigation • 0 0
Rr••-01111n•Pmtl"1,:hor1 • 0
Santta,ry s~r Ove,rilows • 0 0
Stormwater • 0
Und1•1t)H)L.111(.1 Sl(H.UJ(' f,ml:~ • 0 • 6
8/25/2021
8
Noncompliance Risk and Liabilities
Fines: Up to $25,000 per day
15
Meet the Team
16
15
16
Hyperion plant still releasing partially treated sewage 5 miles offshore
Was1e..,·,uer ls not being 1rea1ed to lht-level 1hat II ls norm;]D)1 rre,ued because orthe damage to the plan 1: says a water
qual11y board ollldlll TIIE ORANGE COUNTY
REGISTER 0000
Record sewage spill hits Laguna Beach just after council approves more
funding for sewer maintenance
---------------·-----·--·-----·--·--· --~-------------· --• --·-----·-----------
8/25/2021
9
Questions
17
Contact: Tom Meregillano, Environmental Supervisor
Email: Tmeregillano@ocsan.gov
Phone: (714) 593‐7457
17
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.