HomeMy WebLinkAbout10-06-2021 Operations Committee Meeting Complete Agenda Packet
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order.
Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating
in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION
Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION
You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting
We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here.
Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting.
Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content.
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 647 135 288#
All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone
number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at:
https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance
of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into
the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS
For technical assistance before and during the meeting, please call 714-593-7431. For
any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San!
September 30, 2021
NOTICE OF MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, October 6, 2021 – 5:30 P.M.
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. Specific information as to how to
participate in this meeting is detailed in the Special Notice attached to
this agenda. In general, OC San offers several ways in which to interact
during meetings: you may join the meeting live via Teams on your
computer or similar device or web browser, join the meeting live via
telephone, view the meeting online, and/or submit comments for
consideration before or during the meeting.
A special meeting of the Operations Committee of the
Orange County Sanitation District will be held in the manner indicated herein
on Wednesday, October 6, 2021 at 5:30 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
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
09/07/22 09/21/22
*Meeting will be held on the third Wednesday of the month
ROLL CALL
OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: October 6, 2021 Time: 5:30 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
Special Meeting Agenda
Wednesday, October 6, 2021 - 5:30 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 Special Meeting Agenda Wednesday, October 6, 2021
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the
meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during
the meeting.
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please
raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board
before or during the public comment period.
You may submit your comments and questions in writing for consideration in advance of the meeting by using the
eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to
OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to
your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment
feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for
the duration of the meeting.
All written public comments will be provided to the legislative body and may be read into the record or compiled as
part of the record.
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.
1.2021-1874APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee held September
1, 2021.
Originator:Kelly Lore
Page 1 of 5
OPERATIONS COMMITTEE Special Meeting Agenda Wednesday, October 6, 2021
Agenda Report
09-01-2021 Operations Committee Minutes
Attachments:
2.2021-1732TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT
NO. 1, PROJECT NO. FE18-16
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for Truck Loading
Basement Drain Modifications at Plant No. 1, Project No. FE18-16;
B. Award a Construction Contract to Metha Mechanical Company, Inc. for Truck
Loading Basement Drain Modifications at Plant No. 1, Project No. FE18-16, for
an amount not to exceed $162,500; and
C. Approve a contingency of $16,250 (10%).
Originator:Kathy Millea
Agenda Report
FE18-16 Contract Agreement & Exhibit A (Schedule of Prices)
Attachments:
3.2021-1828PLANT NO. 1 BUILDING A FEEDER CABLES REPLACEMENT
(MP-337)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to AMTEK Construction for P1 Building A Feeder
Cables Replacement (MP-337), for 480V feeder cables, per Specification No.
S-2021-1261BD, for a total amount not to exceed $356,333; and
B. Approve a contingency of $35,633 (10%).
Originator:Rob Thompson
Agenda Report
S-2021-1261BD Draft Service Contract and SOW
Attachments:
4.2021-1739MANHOLE CCTV CAMERA-COLLECTIONS
RECOMMENDATION:
A. Approve a Purchase Order to Plumbers Depot for the purchase of a Spider
Scanner System utilizing the HGAC Cooperative Contract No. SC01-21 for an
amount not to exceed $127,620, plus applicable tax and freight; and
B. Approve a 5% contingency of $6,381.
Page 2 of 5
OPERATIONS COMMITTEE Special Meeting Agenda Wednesday, October 6, 2021
Originator:Rob Thompson
Agenda ReportAttachments:
NON-CONSENT:
5.2021-1535SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1, PROJECT NO.
FE19-04
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Sunflower Pump
Replacement at Plant No. 1, Project No. FE 19-04;
B. Award a Construction Contract to GSE Construction Company Inc. for Sunflower
Pump Replacement at Plant No. 1, Project No. FE19-04, for a total amount not
to exceed $2,123,200; and
C. Approve a contingency of $212,320 (10%).
Originator:Kathy Millea
Agenda Report
FE19-04 Contract Agreement & Exhibit A (Schedule of Prices)
Presentation - FE19-04 Sunflower Pump Replacement
Attachments:
6.2021-1855NEWHOPE-PLACENTIA TRUNK REPLACEMENT, SEGMENT B,
PROJECT NO. 2-72B
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $1,164,840 (2%) to the Construction Contract with
Group OHL USA, Inc. for Newhope-Placentia Trunk Sewer Replacement, Project Nos.
2-72B and 2-72C, for a total construction contingency of $6,989,040 (12%).
Originator:Kathy Millea
Agenda Report
Presentation - 2-72B Contingency
Attachments:
Page 3 of 5
OPERATIONS COMMITTEE Special Meeting Agenda Wednesday, October 6, 2021
INFORMATION ITEMS:
7.2021-1876HUMAN RESOURCES: RISK MANAGEMENT
RECOMMENDATION:
Information Item.
Originator:Celia Chandler
Agenda Report
Presentation - HR Risk Management
Attachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the
Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,
pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9,
54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c)
employment actions or negotiations with employee representatives; or which are exempt from public disclosure
under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are
not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes
will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
CS-1 2021-1853CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(2)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: (1)
Significant exposure to litigation: Claim of Group OHL USA, Inc. regarding project
2-72B & C Newhope-Placentia Trunk Sewer Replacement
Agenda Report
CS-1 Operations Committee Memo re Anticipated Litigation -
Group OHL
Attachments:
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
Page 4 of 5
OPERATIONS COMMITTEE Special Meeting Agenda Wednesday, October 6, 2021
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 November 3,
2021 at 5:00 p.m..
Page 5 of 5
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1874 Agenda Date:10/6/2021 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 September 1, 2021.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 21-04
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Minutes of the Operations Committee meeting held September 1, 2021
Orange County Sanitation District Printed on 9/27/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, September 1, 2021
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Operations Committee was called to order by Committee Chair
Brooke Jones on Wednesday, September 1, 2021 at 5:02 p.m. in the Administration Building
of the Orange County Sanitation District. 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). Chair Jones led
the Flag Salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten, Jesus Silva, Chad Wanke and Chad
Zimmerman
ABSENT:Steve Jones and John Withers
STAFF MEMBERS PRESENT: Clerk of the Board Kelly Lore and Brian Engeln 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, Jennifer Cabral, Tanya Chong, Mortimer Caparas, Tina Knapp, Tom Meregillano,
Rob Michaels, Jeff Mohr, Thomas Vu, and Ruth Zintzun participated telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Jones did not provide a report. General Manager Jim Herberg also did not provide a
report.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2021-1814
Page 1 of 9
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Minutes September 1, 2021
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held July 7,
2021.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
2.PUMP STATION PORTABLE GENERATOR CONNECTORS,
PROJECT NO. FE19-01
2021-1657
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for 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%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
3.CONDITION ASSESSMENT ON-CALL CONTRACTOR SUPPORT
SERVICES SPECIFICATION NO. S-2021-1255BD
2021-1782
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 2 of 9
OPERATIONS COMMITTEE Minutes September 1, 2021
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%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
4.EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2,
PROJECT NO. FE19-06
2021-1793
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for 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%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
5.ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2021-1769
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending June 30, 2021.
Page 3 of 9
OPERATIONS COMMITTEE Minutes September 1, 2021
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
6.QUARTERLY ODOR COMPLAINT REPORT 2021-1808
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Fiscal Year 2020-21 Fourth Quarter Odor Complaint Report.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
7.PLANT NO. 2 PRIMARY DISTRIBUTION STRUCTURE B GATES
REPAIR
2021-1627
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
8.FLEET PURCHASE OF REPLACEMENT VEHICLES, LIGHT DUTY
TRUCKS, AND MEDIUM DUTY TRUCKS FOR FY21-22
2021-1781
Originator: Rob Thompson
Page 4 of 9
OPERATIONS COMMITTEE Minutes September 1, 2021
MOVED, SECONDED, AND DULY CARRIED TO: 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.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
9.ON-CALL MAINTENANCE AND REPAIR MASTER SERVICES
CONTRACTS - SPECIFICATION NO. S-2021-1234BD
2020-1295
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: 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.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
Page 5 of 9
OPERATIONS COMMITTEE Minutes September 1, 2021
ABSTENTIONS:None
10.PURCHASE OF BAR SCREEN DRIVE SHAFT ASSEMBLY FOR
PLANT NO. 2
2021-1803
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
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%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
11.PROCUREMENT OF 21 ELECTRIC CARTS 2021-1764
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
12.MANHOLE FRAME AND COVER SERVICES, SPECIFICATION NO.
S-2021-1258BD
2021-1806
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 6 of 9
OPERATIONS COMMITTEE Minutes September 1, 2021
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%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten and Jesus Silva
NOES:None
ABSENT:Steve Jones, Chad Wanke, John Withers and Chad Zimmerman
ABSTENTIONS:None
NON-CONSENT:
Director Chad Zimmerman joined the meeting at approximately 5:10 p.m.
13.AGREEMENT FOR PURCHASE OF ANIONIC POLYMER,
SPECIFICATION NO. C-2021-1252BD
2021-1626
Originator: Rob Thompson
Assistant General Manager Rob Thompson provided a verbal update to the item.
MOVED, SECONDED, AND DULY CARRIED TO: 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%.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten, Jesus Silva and Chad Zimmerman
NOES:None
ABSENT:Steve Jones, Chad Wanke and John Withers
ABSTENTIONS:None
14.EROSION CONTROL AT SANTA ANA RIVER AND HAMILTON AVE.,
PROJECT NO. FE18-12
2020-1216
Originator: Kathy Millea
Page 7 of 9
OPERATIONS COMMITTEE Minutes September 1, 2021
Director of Engineering Kathy Millea gave a PowerPoint presentation that provided an
overview of this project including the site vicinity.
MOVED, SECONDED, AND DULY CARRIED TO:
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%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten, Jesus Silva and Chad Zimmerman
NOES:None
ABSENT:Steve Jones, Chad Wanke and John Withers
ABSTENTIONS:None
15.REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55,
PROJECT NO. FE18-13
2021-1430
Originator: Kathy Millea
Ms. Millea provided a brief PowerPoint presentation describing the location and need
for the agreement.
MOVED, SECONDED, AND DULY CARRIED TO: 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.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Sandra Massa-Lavitt, Paulo Morales,
Kim Nichols, Robert Ooten, Jesus Silva and Chad Zimmerman
NOES:None
ABSENT:Steve Jones, Chad Wanke and John Withers
ABSTENTIONS:None
Board Vice-Chair Chad Wanke joined the meeting at approximately 5:32 p.m.
Page 8 of 9
OPERATIONS COMMITTEE Minutes September 1, 2021
INFORMATION ITEMS:
16.ORANGE COUNTY SANITATION DISTRICT REGULATORY
COMPLIANCE UPDATE
2021-1689
Originator: Lan Wiborg
Environmental Services Supervisor Tom Meregillano provided an informative
PowerPoint regarding the Environmental Compliance Program including the reporting
governance, overview of the compliance area, NPDES Permit discharge, water quality,
solids monitoring reporting, air quality reporting and monitoring, and noncompliance
risk and liabilities.
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 5:41 p.m. to the next Operations Committee
meeting to be held on Wednesday, October 6, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 9 of 9
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1732 Agenda Date:10/6/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1, PROJECT NO. FE18-
16
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for Truck Loading Basement Drain
Modifications at Plant No. 1, Project No. FE18-16;
B. Award a Construction Contract to Metha Mechanical Company, Inc. for Truck Loading
Basement Drain Modifications at Plant No. 1, Project No. FE18-16, for an amount not to
exceed $162,500; and
C. Approve a contingency of $16,250 (10%).
BACKGROUND
Biosolids are dewatered solids produced as a byproduct of wastewater treatment. The Orange
County Sanitation District (OC San) recently completed a project to add centrifuges to reduce the
water content of biosolids, thereby saving offsite hauling costs. The dewatered biosolids are routed
through an existing truck loading station. Any biosolids that are deposited on the floor during
maintenance of the truck loading station are returned to the treatment system through floor drains.
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
PROBLEM
Performing maintenance on the truck loading facility results in biosolids falling on the floor. The
existing drains were not designed for the thicker biosolids produced by the centrifuges. In addition,
the new transfer pumps installed with the centrifuges are larger than the original pumps, so the pump
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1732 Agenda Date:10/6/2021 Agenda Item No:2.
the new transfer pumps installed with the centrifuges are larger than the original pumps,so the pump
bases have unavoidably blocked some of the drains.As a result,removing the resulting material can
often take longer than the actual maintenance activity.
PROPOSED SOLUTION
Award a Construction Contract for Truck Loading Basement Drain Modifications at Plant No,1,
Project No.FE18-16.This project enlarges the opening of existing floor drains,replaces the existing
sump pumps with two new submersible chopper pumps,modifies the existing sump pit,and cores
new drains into the concrete pads of all four cake transfer pumps to improve drainage at the truck
loading basement.
TIMING CONCERNS
If this project is delayed,maintenance in the truck loading basement will continue to require an
unreasonably large effort to clean the facility after the work is performed.
RAMIFICATIONS OF NOT TAKING ACTION
Maintenance in the truck loading basement will continue to require an unreasonably large effort to
clean the facility after the work is performed.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FE18-16 for bids on June 29,2021,and six bids were received on
August 8, 2021. A summary of the bid opening follows:
Engineer’s Estimate $169,000
Bidder Amount of Bid
Metha Mechanical Company, Inc.$162,500
Tharsos, Inc.$189,400
W.A. Rasic Construction Company, Inc.$194,400
J.R. Filanc Construction Co., Inc.$198,500
Cora Constructors, Inc.$263,500
Abhe & Svoboda, Inc.$284,648
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
all bidders on August 23,2021,informing them of the intent of OC San to recommend award of the
construction contract to Metha Mechanical Company, Inc.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder, Metha Mechanical Company, Inc., for a total amount not to exceed $162,500.
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File #:2021-1732 Agenda Date:10/6/2021 Agenda Item No:2.
CEQA
The project is exempt from CEQA under the categorical exemption set forth in CEQA Guidelines
Class 1 Section 15301. A Notice of Exemption was filed on July 28, 2020.
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
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C-CA-103020
PART A
CONTRACT AGREEMENT
C-CA-103020
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL CONDITIONS ................................................................. 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION .................................................................................. 9
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. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 CONFORMED Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE18-16
TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1
THIS AGREEMENT is made and entered into, to be effective, this October 6, 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 PROJECT NO. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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. FE18-16
TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1
C-CA-103020 PROJECT NO. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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. FE18-16
TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within three hundred (300) 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. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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.
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SECTION – 9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of One Hundred Sixty-Two Thousand Five Hundred
Dollars ($162,500) 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. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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.
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
C-CA-103020 PROJECT NO. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 CONFORMED Page 9 of 24
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.”
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.
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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
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.
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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
(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.
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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
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:
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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
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
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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
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
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insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers,
agents, or employees, or any other contractor or subcontractor performing Work or rendering
services at the Project. Where permitted by law, CONTRACTOR shall require similar written
express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of
subrogation shall be effective as to any individual or entity, even if such individual or entity (a)
would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the
insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an
insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Four Million
Dollars ($4,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
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c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of One Million Dollars ($1,000,000) for bodily injury,
personal injury and property damage;
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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 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.
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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
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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
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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
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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.
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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
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arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OCSD: Orange County Sanitation District 10844 Ellis Avenue
Fountain Valley, California 92708-7018 Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard
Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: 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
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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 – 07/31/2022)
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
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EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OCSD’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
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The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or
to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times.
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EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-080414 PROJECT NO. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 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. FE18-16 TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1 CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Mehta Mechanical Co. Inc. dba MMC Inc. BF-14 SCHEDULE OF PRICES, Pages 1 – 2
Bid Submitted By: __ M_M_C_I_N_c_. __________ _
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each _item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit, overhead, etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes, state and/or federal, and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C-BF-010521
PROJECT NO. FE18-16
TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO.1
Page 1 of 2
*
* Recalculation of all line items revealed
the correct Total Amount of Bid to be
$162,500.
MMC Inc. acknowledged in writing that
this is the correct total.
Bid Submitted By: _M_M_c __ r_n_c_. __________ _
EXHIBIT A
SCHEDULE OF PRICES
(Name of Firm)
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description Unit of Extended Price No. Measurement
1. Mobilization: Initial progress payment for all fees,
labor, materials and equipment required for
mobilization, staging area, surety bonds, and other Lump Sum $ 8,500
activities in conformance with the Contract
Documents, for a fixed amount of ...
2. Civil and Electrical Work: Furnish all labor,
materials and equipment necessary for the JSl.f ,oo o completion of the Contract Work, except for the Work Lump Sum $
specified for Bid Item 1, in conformance with the
Contract Documents, for a lump sum price of ...
TOTAL AMOUNT OF BID (BASIS OF AWARD) $ l b3, ooo
BF-14 SCHEDULE OF PRICES C-BF-010521
PROJECT NO. FE18-16
TRUCK LOADING BASEMENT DRAIN MODIFICATIONS AT PLANT NO. 1
Page 2 of 2
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1828 Agenda Date:10/6/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PLANT NO. 1 BUILDING A FEEDER CABLES REPLACEMENT (MP-337)
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to AMTEK Construction for P1 Building A Feeder Cables
Replacement (MP-337), for 480V feeder cables, per Specification No. S-2021-1261BD, for a
total amount not to exceed $356,333; and
B. Approve a contingency of $35,633 (10%).
BACKGROUND
Plant No. 1 Maintenance Building A houses the rebuild shop support facilities and equipment. The
rebuild shop is a support function of the Orange County Sanitation District (OC San) where major
mechanical equipment such as pumps, valves, and structural components are rebuilt or fabricated.
Electrical power to Building A is fed from a power building located within Plant No. 1.
RELEVANT STANDARDS
·Protect OC San assets
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
PROBLEM
Routine predictive maintenance testing discovered that the insulation on the feeder cables for Plant
No. 1 Maintenance Building A is failing. The cable was taken out of service to prevent a catastrophic
cable failure.
PROPOSED SOLUTION
Replace existing feeder cables to restore full utility to the rebuild shop facilities.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1828 Agenda Date:10/6/2021 Agenda Item No:3.
TIMING CONCERNS
Proceeding in a timely fashion is recommended to prevent operational disruption and delays.
Currently,the rebuild shop is running with a lower capacity temporary arrangement using the
remaining parallel conductors of the original feed.
RAMIFICATIONS OF NOT TAKING ACTION
Not acting will impact the ability of the rebuild shop to overhaul and repair plant assets.There is also
a potential for a prolonged outage due to catastrophic cable failure of the remaining cable system.
Catastrophic cable failures can damage additional equipment and create more expensive emergency
repair situations.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised for bids on July 21,2021.Four sealed bids were received on August 24,2021.
The bids were evaluated in accordance with OC San’s policies and procedures.Staff recommends
awarding a Service Contract to the lowest responsive and responsible bidder, AMTEK Construction.
Summary information on the bid opening is as follows:
Bidder Amount of Bid
AMTEK Construction $356,333
Eco Energy Solution, Inc. dba High Volt Electric $481,589
Baker Electric $586,675
M. Brey Electric, Inc.$617,130
A contingency of 10%is recommended because of the potential of additional repairs discovered
during removal and installation of ancillary or adjacent cabling.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the OC San’s Purchasing Ordinance.This
recommendation will be funded under the Repair and Maintenance line item for Plant No.1
Operations and Maintenance Department (Budget Update -Fiscal Year 2021-2022,Page 45).The
available funding is sufficient for this action.
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File #:2021-1828 Agenda Date:10/6/2021 Agenda Item No:3.
Date of Approval Contract Amount Contingency
10/27/2021 $356,333 $35,633 (10%)
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:jg:my:nb:ab
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Orange County Sanitation District 1 of 9 Specification No.S-2021-1261BD Revision 031021
SERVICE CONTRACT MP-337 P1 Building A Feeder Cable Replacement Specification No. S-2021-1261BD
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 feeder cable replacement at Plant 1 Building A (MP-337) 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.Introduction1.1 This Contract and all exhibits hereto is made by OC San and the Contractor. The terms andconditions 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” 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 precedenceb.Service Contractc.Exhibit “F” General Conditionsd.Exhibit “C” Determined Insurance Requirement Forme.Exhibit “D” Contractor Safety Standardsf.Permits and other regulatory requirementsg.Exhibit “E” Human Resources Policies
Orange County Sanitation District 2 of 9 Specification No.S-2021-1261BD Revision 031021
h. Exhibit “A” Scope of Work i. Exhibit “B” Bid Price Form
1.2 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.3 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. 1.4 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”. 1.5 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below. 1.6 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). 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 an itemized invoice submitted for all 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.
Orange County Sanitation District 3 of 9 Specification No.S-2021-1261BD Revision 031021
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 S-2021-1261BD 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 seventy (70) 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. In addition, refer to General Conditions, Exhibit “F”, GC-27, 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. 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
Orange County Sanitation District 4 of 9 Specification No.S-2021-1261BD Revision 031021
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 – Not Used 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 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 the Safety requirements in Exhibit “A”, all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”. 16. Warranties - Refer to General Conditions, Exhibit “F”, GC-19 WARRANTY (CONTRACTOR’S GUARANTEE).
17. Liquidated Damages – Not Used
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
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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. In addition, refer to General Conditions, Exhibit “F”, GC-35, STORMWATER REQUIREMENTS.
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 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 - In addition, refer to General Conditions,
Exhibit “F”, GC-4, LAWS TO BE OBSERVED 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
Orange County Sanitation District 6 of 9 Specification No.S-2021-1261BD Revision 031021
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 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.
Orange County Sanitation District 7 of 9 Specification No.S-2021-1261BD Revision 031021
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 - Refer to General Conditions, Exhibit “F”, GC-25, DISPUTES
31. Attorney’s Fees - Refer to General Conditions, Exhibit “F”, GC-24, CLAIMS
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. In addition, refer to General Conditions, Exhibit “F”, GC-9, PRESERVATION OF PROPERTY. 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
Orange County Sanitation District 8 of 9 Specification No.S-2021-1261BD Revision 031021
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 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-2021-1261BD 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
[CONTRACTOR] Dated: _________________ By: ___________________________________
______________________________________ Print Name and Title of Officer CMM
EXHIBIT A Specification No. S-2021-1261BD
EXHIBIT A SCOPE OF WORK For Plant No. 1 Building A Feeder Cables Repair (MP-337)
EXHIBIT A Page 1 of 5 Specification No. S-2021-1261BD
EXHIBIT A SCOPE OF WORK Plant No.1 Building A Feeder Cables Repair Scope of Work SPECIFICATION NO. S-2021-1261BD SCOPE OF WORK 1 Location of Work The work covered under this Task Order will take place at the Orange County Sanitation District’s (“OC San’s”): Plant No. 1 located at 10844 Ellis Avenue, Fountain Valley, CA 92708. 2 General
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. 3 Description of the Work 3.1 The work involves replacing existing feeder cabling system - feeder cables for Plant 1 Building A 480 Panelboard “PNL-D” located in the Plant 1 Process Area 19 “Misc. Structures and Grounds”, with new feeder cables. See other portions of the Contract Documents for further details and requirements.
3.2 List of As-Built Project P1-115A, J-33-1A, J-33-3 As-Built Electrical Drawings, OC San Baseline Drawings, MP-337 Sketches and Specifications:
Drawing Title Dwg No. Sheet No.
Project P1-115A As Built Electrical Drawings
First Floor Power and Auxiliary SYS Plan SAE1003 58
Project J-33-1A As Built Electrical Drawings
J-33-1A Standby Power & reliability Improvements Plant No.
1 MCC-SP-Power Building 4 Equipment Key Plan & MCC Elevation (FRONT) A1E-167 87
Project J-33-3 As Built Electrical Drawings
Power Building 4 Electrical Room Power and Control Plan E1015 22
OC San Baseline Drawings
Power BLDG 4; MCC-R, MCC-SP PRIMARY BASINS 1,2&5; MCC-AAA; CHILLER BUILDING; MCC-CB Baseline
Single Line Diagram
PL1-13 N/A
City Water; MCC-CWA, MCC-CWB, Bldg. A, PNL-D, PNL-
DA, PNL-D1, BLDG B; PNL-DBS&DBB/BLDG6;PNL-2D PL1-21 N/A
Site Electrical Plan MCC, SWGR, SWBD, Panel, XFMR and Generator Reclamation Plan 1 N/A N/A
OC San Process Areas-Reclamation Plant No. 1 N/A N/A
EXHIBIT A Page 2 of 5 Specification No. S-2021-1261BD
Area Classification Zone Primary Clarifiers 6 thru 15, Primary Scrubbers 5 thru 8. E-15 N/A
Area Classification Zone Primary Clarifiers 6 thru 15 Waste Sidestream Pump Station E-21 N/A
MP-337 Sketches
Partial Site plan E1001 N/A
Control Panel Elevation and Schematic E1002 N/A
Electrical Details E1003 N/A
Specifications
Specification Section 16120 “Conductors and Cables” N/A N/A
Specification Section 16080 “Electrical Testing” N/A N/A
Specification Section 16075 “Electrical Identification
Nameplates and Warning Signs” N/A N/A
3.3 OC San Maintenance staff shall witness all tasks performed by Contractor. 3.4 Tasks involved in this work shall include:
a) Coordination of shutdowns and startups with OC San Operations and Maintenance staff. b) Identification and verification of feeder circuits and location in duct banks to be
repaired and all functional conductors occupying the same pullbox or manhole. c) Careful removal and documentation of existing wiring and retention of that wiring for detailed inspection by OC San Maintenance staff. Note, existing feeder routing,
feeder cable size, and power source was modified under multiple Projects. Contractor’s responsibility is to verify existing feeder cable routing plan and conductor size routed via chain of existing manholes.
d) Mandrelling and cleaning of all conduits runs for the new feeder circuit runs. e) Provision and installation of new 6#750kcmil with 2#4/0 ground XHHW-2 600V copper wire in (2) existing 4” conduits to match known existing conductor size per Specification Section 16120, using all possible precautions while handling to prevent cable damage. f) Dressing new conductors in all manholes, pullboxes, and equipment. g) Provision and installation of conductor terminations. h) Electrical testing of new feeder circuit and final functionality of the circuit.
i) Installation in hazardous areas shall comply with NEC500 and 501. (including conduit seal-offs). Contractor shall remove any existing conduit seal-offs for conductor repair/replacement and install new replacement seal-offs.
j) Startup assistance to Operations and Maintenance to recommission affected equipment. 3.5 There are existing utilities in vicinity of Building A and electrical duct banks. Contractor shall protect existing utilities in place while accessing the pullboxes and manholes. 4 Project/Work Elements 4.1 General Prior to cable repair, the Contractor shall perform electrical testing on existing feeder cables for Plant 1 Building A 480V panelboard “PNL-D” Main (entire length, including cut sections) to assess condition of the feeder.
EXHIBIT A Page 3 of 5 Specification No. S-2021-1261BD
Contractor shall perform electrical testing of newly installed cable. Contractor shall test entire feeder length after splicing, repairs, and final securing the cable. Note, one of the phases of existing feeder was removed from service during initial troubleshooting. OC San will allow tying (splicing) new cabling system in order to replace failed cable sections and minimize Building A down time. Quantity of splices shall be kept to minimum and approved by OC San Electrical Engineering.
Tying/splicing of the conductors shall be done with UL Listed or CSA/Us approved splice kits suitable for direct burial and submersible locations.
Estimated length of the feeder cable entire run is 1200’. Final location of the new cable tying/splicing (if any) and cable replacement actual length will be finalized during the Project execution after review of the Contractor’s electrical test report on the existing conductors. All work to deenergize existing pull boxes and manholes shall be coordinated with OC San.
The Contractor shall inspect the internal surfaces and joints off all ducts and conduit paths being affected by feeder circuits repair and replacement in order to reveal possible defects that may have contributed to wire insulation damage resulting in failure. 4.2 Inspection Report and Post-Inspection Inspection Report and Post-Inspection Meeting with OC San Staff: Upon completion of
the inspection process, the Contractor shall provide a hardcopy written report documenting inspection findings in detail and shall subsequently meet with OC San Maintenance staff to review the report. 4.3 Safety Submit Equipment and Procedures: The Contractor shall submit confined space training certifications and entry procedures for manholes entry prior to work execution.
The Contractor will be responsible for all aspects of health and safety on the worksite, as required under the provisions of Exhibit, F, General Conditions, and OC San Safety Standards, and of California and Federal OSHA. The following items represent some of the documents and procedures required of the Contractor during the course of the work:
A. Job Site Safety Analysis (JSSA) and Job Hazard Analysis (JHA): These two assessments must be completed prior to the beginning of the work to identify hazards at the work location.
EXHIBIT A Page 4 of 5 Specification No. S-2021-1261BD
B. Any other documents that are required by OC San during its safety evaluation and review as described herein or by regulatory agencies shall be provided by the Contractor. C. The Contractor shall barricade and make safe the work area in order to prevent egress by unauthorized personnel. The Contractor shall provide proper personal protective equipment including safety goggles for Contractor’s workers and subcontractors during all stages of the work. 4.4 Submittals A. Work Plan
B. Construction Schedule C. Specification Section 16120 “Conductors and Cables: 1. Conductor Technical Data for OC San approval prior to installation
2. Conductor Splice Kit Technical Data for OC San approval prior to installation. 4.5 Equipment Removal Not Used 4.6 Equipment Installation Not Used
4.7 Material Requirements Refer to attached Specification Section 16120 “Conductors and Cables”. 4.8 Permits/Licenses None 4.9 Commissioning Refer to attached Specification Section 16080 Electrical Testing and 16120 Conductors and Cables.
4.10 Deliverables/As Built Drawings/Manufacturer’s Documentation A. Conduit/Duct Inspection Report B. Electrical Insulation Tests of existing conductors (as found). C. Electrical Insulation Tests of newly installed conductors D. Electrical Insulation Tests of complete repaired feeder circuit (as installed)
4.11 Training Not used 5 Resources Available
• Laydown and Staging Area
• Temporary Power and Utilities – Including Water
• Use of Restroom Facilities 6 Project Schedule The Contractor shall complete the project within 70 calendar days from the date of Notice to Proceed.
EXHIBIT A Page 5 of 5 Specification No. S-2021-1261BD
Milestones/Timeline Deadline (Weeks from Kick-Off/NTP)
Review Period (Weeks) Cumulative Weeks
Kick-Off Meeting (NTP) - 0 0
Submittal of Schedule 1 1 2
Submittals 2 1 3
Final Completion of Work 10 0 10
7 Project Management
7.1 Project Kick-Off Meeting A. A minimum of one week 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. B. 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 may be held virtually or at OC San’s offices. All notes and decision items shall be captured by the Contractor and reported in electronic format. The formal agenda shall be submitted with the previous meeting notes at least one week prior to each meeting. At a minimum, progress meetings will be held once a week though-out the duration of the project. 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.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1739 Agenda Date:10/6/2021 Agenda Item No:4.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
MANHOLE CCTV CAMERA-COLLECTIONS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Purchase Order to Plumbers Depot for the purchase of a Spider Scanner System
utilizing the HGAC Cooperative Contract No. SC01-21 for an amount not to exceed $127,620,
plus applicable tax and freight; and
B. Approve a 5% contingency of $6,381.
BACKGROUND
The Orange County Sanitation District (OC San) is committed to properly maintaining, rehabilitating,
and replacing collection system assets. Assessments of manhole structures, flow channels, and
pipes are conducted to gain an understanding of asset condition. The assessment results are used
to determine the structural integrity of the assets and ensure the appropriate level of maintenance is
conducted. These assessments are part of OC San’s preventive maintenance tasks outlined in the
Sewer System Management Plan (SSMP) and are conducted in accordance with NASSCO
standards.
RELEVANT STANDARDS
·Maintain a protective asset management program
·Commitment to safety & reducing risk in all operations
·Protect OC San assets
PROBLEM
Assessments of below grade sewer structures cannot be conducted effectively and efficiently with
direct staff observation. Asset Engineers need assessments conducted to appropriately scope
rehabilitation and replacement findings in the collection system. The results received from surface
grade inspections lack NASSCO standardized assessment reporting. Due to a lack of equipment,
OC San's current manhole structure inspections are limited to surface-grade visual inspections whichOrange County Sanitation District Printed on 9/28/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1739 Agenda Date:10/6/2021 Agenda Item No:4.
OC San's current manhole structure inspections are limited to surface-grade visual inspections which
result in a vast majority of the effort being contracted out.Contracted services limit the ability of OC
San staff to reach difficult-to-access locations.
PROPOSED SOLUTION
Staff recommends purchasing a Spider branded closed-circuit television (CCTV)manhole scanning
system to perform assessments inside manhole structures below the surface.The CCTV equipment
is portable and easy to deploy,allowing OC San staff to reach the difficult-to-access locations where
contracted services cannot.Additionally,the procurement of this equipment will support the SSMP
criteria to perform assessments and provide the Asset Engineer the ability to identify repair or
replacement needs.
TIMING CONCERNS
A recommendation for 5%contingency is requested should there be a pricing change between the
date of approval and the date of purchase due to tariffs and uncontrolled market conditions.
RAMIFICATIONS OF NOT TAKING ACTION
Unknown conditions of complex access collection system structures present the risk of failure without
a proper assessment.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Clever Scan,Spider,and IBak are three different manhole CCTV brands independently evaluated in
parallel before selecting the Spider manhole scanning system.The determining factor for selecting
the Spider manhole scanning system equipment was image quality,ease of deployment,and ease of
use.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item is
budgeted in the FY 2021-22 budget, Line Item 1, Section 08,Page 98; 820 Collection Facilities O&M.
Date of Approval Contract Amount Contingency
10/06/2021 $127,620 $6,381 (5%)
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File #:2021-1739 Agenda Date:10/6/2021 Agenda Item No:4.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1535 Agenda Date:10/6/2021 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1, PROJECT NO. FE19-04
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Sunflower Pump Replacement at
Plant No. 1, Project No. FE 19-04;
B. Award a Construction Contract to GSE Construction Company Inc. for Sunflower Pump
Replacement at Plant No. 1, Project No. FE19-04, for a total amount not to exceed
$2,123,200; and
C. Approve a contingency of $212,320 (10%).
The Sunflower Pump Station transfers flows into the Headworks from the deepest of the trunk sewers
feeding Plant No. 1. The pump station uses two 40-million gallon per day screw pumps to lift flow
from the Sunflower Trunk into Plant No. 1. The screws for those pumps are approximately 32 feet
long, have a 9-foot diameter, and are driven through a large gearbox to reduce the speed of the 150-
horsepower motor down to 28 revolutions per minute. These pumps are subject to erosion of the
screws, corrosion from the sewer gas, and wear and tear on bearings submerged in wastewater.
The pump station is in the same area where the $222 million Headworks Rehabilitation at Plant No.
1, Project No. P1-105, is currently in construction.
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
PROBLEM
Due to age, condition, and recent failures, both Sunflower pumps and pump components at the
station are near the end of their useful life. One of two pumps in particular needs immediate
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1535 Agenda Date:10/6/2021 Agenda Item No:5.
replacement, while the other pump can delay replacement for a few more years.
Replacement of the pumps must occur during the dry season because both pumps are needed
during high flow events in the winter.Only one pump can be replaced at a time,and replacement of
one pump takes most of the six-month dry season.
PROPOSED SOLUTION
Award a construction contract for Sunflower Pump Replacement at Plant No.1,Project No.FE19-04.
This project will replace one of the two pumps and associated equipment.The second pump will be
replaced later because replacing it on this contract would impact Headworks Rehabilitation at Plant
No. 1, Project No. P1-105, which will be working in the same area.
TIMING CONCERNS
Awarding this contract now is important to allow the pump replacement to be completed before the
2023-2024 wet season.
RAMIFICATIONS OF NOT TAKING ACTION
One of the pumps could fail during peak wet weather flows, which could result in a spill.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Orange County Sanitation District (OC San)advertised Project No.FE19-04 for bids on May 26,
2021, and eight on-line bids were received on July 15, 2021. A summary of the bid opening follows:
Engineer’s Estimate $2,700,000
Bidder Amount of Bid
GSE Construction Company Inc.$2,123,200
Tharsos Inc.$2,151,000
PCL Construction, Inc.$2,306,448
Kiewit Infrastructure West Co.$2,365,000
Shimmick Construction Inc.$2,559,000
Orion Construction Corporation $2,647,000
Mehta Mechanical Company Inc.$2,954,000
Abhe & Svoboda Inc.$3,241,679
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
all bidders on September 8,2021,informing them of the intent of OC San staff to recommend awardof the Construction Contract to GSE Construction Company Inc.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
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File #:2021-1535 Agenda Date:10/6/2021 Agenda Item No:5.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder, GSE Construction Company Inc., for a total amount not to exceed $2,123,200.
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-Recorderafter 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
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C-CA-103020
PART A
CONTRACT AGREEMENT
C-CA-103020
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL CONDITIONS ................................................................. 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION ................................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 21
SECTION – 18 TERMINATION ............................................................................... 21
SECTION – 19 WARRANTY ................................................................................... 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 CONFORMED Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE19-04
SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1
THIS AGREEMENT is made and entered into, to be effective, this October 27, 2021, by and
between GSE Construction Company, 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FE19-04
SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1
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SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE19-04
SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within seven hundred sixty (760) 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 five (5) 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,
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and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OCSD’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated
Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
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SECTION – 9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of Two Million One Hundred Twenty-Three Thousand
and Two Hundred Dollars ($2,123,200) 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
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not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OCSD’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
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B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions –“Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
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SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment” and Exhibit A -
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
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agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
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required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
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Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
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CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
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
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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. 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: Five Million Dollars ($5,000,000) per occurrence and a general
aggregate limit of Ten Million Dollars ($10,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least per occurrence and
a general aggregate limit of Five Million Dollars ($5,000,000) which shall be in
effect at all times during the warranty period set forth in the Warranty section
herein, and as set forth in the General Conditions, “Warranty (CONTRACTOR’s
Guarantee)”, plus any additional extension or continuation of time to said
warranty period that may be required or authorized by said provisions. If
aggregate limits apply separately to this contract (as evidenced by submission
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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
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
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Either (1) a combined single limit of One Million Dollars ($1,000,000) for bodily injury,
personal injury and property damage;
Or alternatively, (2) per person for bodily injury, per accident for bodily injury, and
per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to 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
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guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
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
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twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OCSD’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
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
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OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OCSD and any public agency issuing permits for the Project must be named as
“Additional Insured” on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
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
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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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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: GSE Construction Company, Inc.
7633 Southfront Road, Suite 160 Livermore, CA 94551
Copy to: Dennis Gutierrez, President GSE Construction Company, Inc. 7633 Southfront Road, Suite 160
Livermore, CA 94551
C-CA-103020 PROJECT NO. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 CONFORMED Page 24 of 24
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: GSE Construction Company, Inc.
7633 Southfront Road, Suite 160
Livermore, CA 94551
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 401498 (Expiration Date – 03/31/2023)
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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 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. FE19-04 SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1 CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: GSE Construction Company, Inc. BF-14 SCHEDULE OF PRICES, Pages 1 -2
Bid Submitted By: GSE Construction Company, Inc.
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accu rately 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.
Bi9ders 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 al l 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. FE19-04
SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1
Page 1 of 2
Bid Submitted By: GSE Construction Company, Inc.
EXHIBIT A
SCHEDULE OF PRICES
(Name of Firm)
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description Unit of Extended Price No. Measurement
1. Mobilization: Mobilization, initial progress payment
for all fees, labor, materials and equipment required
for mobilization, staging area, and surety bonds, and Lump Sum $ 100,000
other acitivities in conformance with the Contract
Documents, for a fixed amount of:
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 Lump Sum $
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 C-BF-010521
PROJECT NO. FE19-04
SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1
Page 2 of 2
9/30/2021
1
Sunflower Pump Replacement at
Plant No. 1
Project No. FE19‐04
Presented by:
Kathy Millea
Director of
Engineering
Operations
Committee
October 6, 2021
Construction Contract Award
2
Site Vicinity
Project Site
Ellis Avenue
Admin Bldg
1
2
9/30/2021
2
Archimedes Screw Pump
3
Sunflower Pump Station Scope of Work Overview
4
Replace Electrical
and Instrumentation4
Replace Gearbox
Assembly2
Replace Archimedes Screw1
3 Replace Upper and
Lower Bearing and Foundations
3
4
9/30/2021
3
Screw Pump
32 ft
9 ft
Bid Results
6
Bidder Amount of Bid
Engineer’s Estimate $2,700,000
GSE Construction Company Inc.$2,123,000
Tharsos Inc. $2,151,000
PCL Construction Inc.$2,306,448
Kiewit Infrastructure West Co.$2,365,000
Shimmick Construction Inc.$2,559,000
Orion Construction Corporation $2,647,000
Mehta Mechanical Company Inc.$2,954,000
Abhe & Svoboda Inc.$3,241,679
5
6
*
9/30/2021
4
Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and
Recommendation for Sunflower Pump
Replacement at Plant No. 1, Project No. FE19-04;
B. Award a Construction Contract to GSE
Construction Company Inc. for Sunflower Pump
Replacement at Plant No. 1, Project No. FE19-04,
for a total amount not to exceed $2,123,200; and
C. Approve a contingency of $212,320 (10%).
Recommendation
7
Questions
?
8
7
8
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1855 Agenda Date:10/6/2021 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
NEWHOPE-PLACENTIA TRUNK REPLACEMENT, SEGMENT B, PROJECT NO. 2-72B
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $1,164,840 (2%) to the Construction Contract with Group OHL
USA, Inc. for Newhope-Placentia Trunk Sewer Replacement, Project Nos. 2-72B and 2-72C, for a
total construction contingency of $6,989,040 (12%).
BACKGROUND
The upper reaches of the Newhope-Placentia Trunk Sewer carry flows from the cities of Brea,
Fullerton, Placentia, and Anaheim to Plant No. 1 for reclamation. The Newhope-Placentia Trunk
Replacement, Project No. 2-72, increases the capacity of the trunk sewer to satisfy current and future
flows, allows abandonment under a subsequent project of the Yorba Linda Pump Station, and adds
flexibility to the collections system to divert reclaimable flows to Plant No. 1.
In May 2018, a Construction Contract was awarded to Group OHL USA, Inc. for Newhope-Placentia
Trunk Sewer Replacement, Project Nos. 2-72B and 2-72C. The contract replaces four miles of
pipeline within sensitive areas along State College Boulevard, including Anaheim’s Platinum Triangle,
and business and residential areas. The work includes traffic control sequencing, deep excavations,
multiple shifts, sewer bypassing, pipeline abandonment, four trenchless jack and bore crossings
through major arterial streets and railroads, and sewer pipe crack repair work on the Rolling Hills Sub
-Trunk. The pipeline work is complete with the paving and restoration work scheduled to be complete
by the end of September. Only pavement striping and punch-list work will remain outstanding to be
completed at the beginning of October. At the time of award, the work was scheduled to be complete
in February 2021, however, due to construction delays, it is expected to be substantially complete in
October 2021.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Maintain a proactive asset management program
·Achieve less than 2.1 sewer spills per 100 miles
Orange County Sanitation District Printed on 9/29/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1855 Agenda Date:10/6/2021 Agenda Item No:6.
PROBLEM
Unforeseen conditions encountered during construction have resulted in higher than expected
contract changes.The approved Construction Contract contingency is not estimated to be sufficient
to complete the project.
PROPOSED SOLUTION
Approve a contingency increase of $1,164,840 (2%)to the Construction Contract for a total
contingency of $6,989,040 (12%).This increase will cover additional costs incurred during
construction work and provide funds for additional construction-related risks.
TIMING CONCERNS
Additional contingency funds are required to resolve construction changes associated with
completing the work.Physical work is 98%complete and staff is finalizing costs with the Contractor
such that Substantial Completion can be achieved.Project closeout will require resolution of open
change orders.
RAMIFICATIONS OF NOT TAKING ACTION
If the Contract contingency is not increased,the Orange County Sanitation District (OC San)will not
be able to resolve construction changes with the Contractor,which would delay project closeout and
could potentially increase business risk to OC San,as well as potentially stopping remaining punch
list work,street restoration,and demobilization.The project will be delayed and impacts to the public
roadway will be prolonged due to remaining construction work not being completed.
PRIOR COMMITTEE/BOARD ACTIONS
April 2021 -Approved a contingency increase of $2,038,470 (3.5%)to the construction contract with
Group OHL USA,Inc.for Newhope-Placentia Trunk Sewer Replacement,Project Nos.2-72B and 2-
72C for a total construction contingency of $5,824,200 (10%).
May 2018 -Awarded a construction contract with Group OHL USA,Inc.for Newhope-Placentia Trunk
Sewer Replacement,Contract Nos.2-72B &2-72C,for a total amount not to exceed $58,242,000,
and approved a contingency of $3,785,730 (6.50%).
ADDITIONAL INFORMATION
In April 2021,staff presented an item to increase contingency on this project to complete the
construction work and settle all known undisputed items.Over the last six months,there have been
a significant number of contract changes in the last phase of construction.These were primarily due
to unknown conditions impacting the City of Anaheim waterline relocations and lateral installations,
including additional costs for sewer bypass pumping.Additionally,staff settled a disputed landscape
restoration item,and granted a compensable time extension for unknown conditions to mitigate
Contractor claims exposure.These items were not included as part of the contingency forecast
presented to the Board of Directors in April 2021.
With the work nearly complete,this requested contingency increase will be sufficient to resolve theOrange County Sanitation District Printed on 9/29/2021Page 2 of 3
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File #:2021-1855 Agenda Date:10/6/2021 Agenda Item No:6.
With the work nearly complete,this requested contingency increase will be sufficient to resolve the
remaining known and undisputed construction changes,however staff is also continuing to
participate in a formal dispute resolution process provided in the Public Contract Code to resolve the
Contractor’s change requests and claims that staff has not found to be justified.Depending on the
outcome of this process,additional contingency may be needed in the future to settle disputes and
claims.
CEQA
The project is included in the Addendum to the “1999 OCSD Strategic Plan”Program Environmental
Impact Report, State Clearinghouse No. 2006101018.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 19,Newhope-
Placentia Trunk Replacement,Project No.2-72)and the budget is sufficient for the recommended
action.
Date of Approval Contract Amount Contingency
04/21/2018 $58,242,000 $3,785,730 (6.5%)
04/28/2021 $2,038,470 (3.5%)
10/27/2021 $1,164,840 (2%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Presentation
AL:DF:dm:gc
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NEWHOPE PLACENTIA TRUNK SEWER
REPLACEMENT, SEGMENT B and C,
PROJECT NO. 2‐72B & 2‐72C
Presented by:
Dean Fisher
Engineering Mgr.
Operations
Committee
October 6, 2021
Construction Contract Contingency
Anaheim
Contract 2‐72B
Fullerton & Anaheim
Contract 2‐72A
(2+ miles)
(Complete)
Fullerton
Rolling Hills
Sub‐Trunk
Contract 2‐72C
Demolish
Yorba Linda
Pump Station
(Future Project)
Contract 2‐65
Grade Separation
(Complete)
Newhope‐Placentia Trunk
2
St
a
t
e
Co
l
l
e
g
e
Bl
v
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Anaheim
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9/29/2021
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•Reclaim 8 mgd for GWRS
•Approx. 4 miles of pipe
•Work for City of Anaheim
–Waterline replacements
–Misc. sewer upgrades
–Transfer 2 miles of existing
line for City use
•Tie‐in to 2‐72A Project
•Rolling Hills Sub‐Trunk
Sewer Rehabilitation
Project Details
3
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Description Original Date
Actual /
Forecasted
Date
Platinum Triangle Mar 2019 July 2020
Substantial Completion: Field work complete Dec 2020 Oct 2021
Final Completion: Punchlist and closeout Feb 2021 Dec 2021
Schedule
•Ten months behind schedule
•Schedule impacts due to:
Unknown conditions (utilities and pavement restoration)
Traffic control and work hour changes
Contractor productivity
7
8
•Currently 98%
complete
•Remaining field
work
Striping
Punchlist
•Paving
collaboration
with City
Current Project Status
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Changes since April 2021
9
Authorized Change Orders Amount
Unknown Utility Conflicts & Bypassing Costs $ 645,900
Resolution of Disputed Landscape Item $ 442,000
Time Extension and Associated Costs $ 427,200
TOTAL $ 1,515,200
Type of Change Orders to Date
10
Type of Change Amount
Unknown Utility Conflicts & Bypassing Costs $ 1,598,100
City Inspection Fees & Waterline Changes $ 879,100
Design Modifications $ 413,500
Paving Changes $ 859,000
Unforeseen Obstructions & Existing Utility Repairs $ 648,400
Traffic Control Changes & Work Resequencing $ 378,300
Resolution of Disputed Landscape Item $ 442,000
Time Extension and Associated Costs $ 427,200
TOTAL $ 5,645,600
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Contingency Increase Request
Additional Contingency Requirements Amount Percent
Undisputed Changes Pending Negotiation $1,343,470 2.3%
Remaining Contingency $ 178,630 0.3%
Forecasted Contingency Need $1,164,840 2.0%
11
Contingency Increase Request
Additional Contingency Requirements Amount Percent
Undisputed Changes Pending Negotiation $1,343,470 2.3%
Remaining Contingency $ 178,630 0.3%
Forecasted Contingency Need $1,164,840 2.0%
12
Contract Status Amount Percent
Original Contract $ 58,242,000
Approved Contingency Amount $ 5,824,200 10%
Forecasted Contingency Need $ 1,164,840 2%
Total Contingency Requested $ 6,989,040 12%
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•Project budget is $112,000,000
•Budget is sufficient for this action
•Approximately $2.8M
reimbursement from City of Anaheim
•Dispute resolution process ongoing
related to Contractor Requests
Disputed work
Delays and associated costs
Project
Budget
Recommend to the Board of Directors to:
Approve a contingency increase of $1,164,840
(2%) to the Construction Contract with Group
OHL USA, Inc. for Newhope‐Placentia Trunk
Sewer Replacement, Contract Nos. 2‐72B &
2‐72C, for a total construction contingency of
$6,989,040 (12%).
Recommendation
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Questions?
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15
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1876 Agenda Date:10/6/2021 Agenda Item No:7.
FROM:James D. Herberg, General Manager
Originator: Celia Chandler, Director of Human Resources
SUBJECT:
HUMAN RESOURCES: RISK MANAGEMENT
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 Human Resources: Risk
Management.
RELEVANT STANDARDS
·Commitment to safety & reducing risk in all operations
·Provide a safe and collegial workplace
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 9/29/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
9/28/2021
1
Human Resources:
Risk Management
Presented By:
John Frattali,
Safety and Health
Supervisor
Operations
Committee
October 6, 2021
Core Business Functions
SecuritySafety &
Health
Emergency Management
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•Oversees both operational and construction
safety
•Develops and implements policies and
procedures to ensure a safe work environment
•Provides job specific safety training
•Conducts audits, inspections, and incident
investigations
•Reviews and approves of all high hazard work
•Conducts design and specification reviews
•Regulatory Liaison (i.e., Cal OSHA, Fire
Department)
•COVID‐19 Response and Recovery
•Pursuing safety excellence through
coordination and application to Cal OSHA’s
Voluntary Protection Program (Cal VPP)
Safety &
Health
3
What is VPP?
OSHA Initiative
Labor – Management – Government
Performance Based
Two Major Programs
•STAR
•REACH
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Improved employee morale and motivation to work
safely
Improved labor and management relations
Community recognition and esteemed public image
Improved quality of work and productivity
Improved partnership with Cal/OSHA
Reduction in injuries and illness
Exemption from routine Cal/OSHA programmed
inspections
Networking with government and industry
Lower workers’ compensation and other insurance costs
Potential Benefits of VPP
5
The Six Elements
Management
Commitment
Employee
Involvement
Worksite Analysis
Hazard Prevention
and Control
Health and Safety
Training
Continual
Improvement
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•Developed, implemented, and
maintains the Integrated Emergency
Response Plan (IERP) and Continuity of
Operations Plan (COOP)
•Collaborations with local agencies and
municipalities, such as the Water
Emergency Response Organization of
Orange County (WEROC) for mutual
aid and resources
•Conducts emergency response
exercises to ensure staff are prepared
and ready for responding to workplace
emergencies
Emergency
Management
7
•Exercise Date: April 28, 2021
•Exercise Description: Contractor digging along pipeline right of way
between Plant 1 and Plant 2, struck the pipeline causing explosion,
damage to neighborhood, and contractor fatalities.
•Exercise Objectives:
1. Coordinate the emergency response and shutdown of the IDGP in accordance with Department of Transportation (DOT) standards
2. Report incident in accordance with the Pipeline and Hazardous Material
Safety Administration (PHMSA)
3. Maintain command, control, and coordination structures, consistent with
the National Incident Management System (NIMS) to stabilize the incident and transition to recovery.
4. Mobilize all critical resources and establish command, control and
coordination structures within the affected community and across OC San service area throughout the duration of an incident.
5. Engage the whole organization as appropriate in the development of executable strategic, operational, and/or tactical‐level approaches to meet defined objectives.
6. Provide all decision makers with decision‐relevant information regarding the nature and extent of hazard, any cascading effects, and the status of the response.
Interplant Digester Gas Pipeline (IDGP) Emergency
Response Exercise
8
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Exercise Strengths
•Appropriate notification made to alert OC San personnel and leadership teams. Low pressure information utilities to formulate and shutdown the pipeline.
•EOC was activated within 11 minutes of the incident, with full organization structure established and roles and responsibilities detailed.
•Staff identified that incident would be long‐term and advised on formulating long‐term record plan within first hour of response.
•Consultant notified of emergency which started notifications to PHMSA.
•Field personnel effectively communicated up the chain to acquisition materials and equipment.
Areas for Improvement
•Consider updating procedure for closing DOT regulated valve immediately after isolation of non‐
DOT regulated valve.
•Shutdown and isolation process lacks the ability to isolate the Plant and blowdown upstream and downstream at one centralized location while monitoring pressure in the pipeline.
•Provide clarity and direction with information sharing over the radio; inconsistent between
plants.
•Procedure lacks ability to isolate plant and blowdown ad different locations along the pipeline.
•Action planning did not fully occur, where emphasis was mostly placed on operations which lessened develop of the incident action plan which consists of formulating objectives and
operational activities for next operational period.
IDGP Emergency Response Exercise [contd.]
9
Exercise Improvement Plan
•Conduct tabletop emergency response exercises (TTX) for the IDGP, focusing on
potential hazards that could occur, with implementation of Incident Command,
Planning, field operations, and plant safety procedures into TTX scenarios.
•Conduct annual reviews of SOPs / EOPs related to the IDGP and ensure procedures
remain in compliance with DOT regulations.
•Assess viability and project to augment OQ valve flange sections with a tee, blowoff
valve, and pressure gauge.
•Conduct review of ICS Forms and how the ICS Forms help formulate and plan
response activities and safety plan updates. Integrate form training in TTX exercises
and scenario‐based training.
•Implement refresher online ICS training via FEMA Independent Study or conducting in
person refresher training on Section roles and responsibilities, including EOC Action
Planning and Future Planning.
IDGP Emergency Response Exercise [contd.]
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•Manages third‐party security vendor
who monitors the physical campus,
which includes patrols and video
surveillance
•Oversees Security Advisory Committee
(Physical and Cyber Threats)
•Manages door access, assignment of
badges, and parking.
•Assists Engineering with physical
security on new projects.
Security
11
• Developed in May 2020
• Requires site risk assessment during
design, utilizing customized Risk
Assessment Scorecard.
• Physical security components
recommended based on risk-level
• Provides consistent descriptions and
features for OC San’s construction projects.
Physical Security Plan
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Questions
?
13
13
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1853 Agenda Date:10/6/2021 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(2)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: (1)
Significant exposure to litigation: Claim of Group OHL USA, Inc. regarding project 2-72B & C
Newhope-Placentia Trunk Sewer Replacement
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c) employment actions or negotiations with employee representatives; or which are exempt
from public disclosure under the California Public Records Act, may be reviewed by the Board during
a permitted closed session and are not available for public inspection. At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 9/28/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
1114541.2
555 A N T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Operations
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: September 27, 2021
RE: Closed Session Items
The Operations Committee desires to hold a closed session on October 6, 2021 for the
purpose of conferring with its legal counsel regarding anticipated litigation. Existing facts and
circumstances reflect a significant exposure to litigation against the District. The closed session
will be held pursuant to the authority of California Government Code Section 54956.9(D)(2).
The facts and circumstances are as follows: Group OHL USA, Inc., the District’s contractor on
project 2-72B & C Newhope-Placentia Trunk Sewer Replacement, has filed a claim against the
District seeking damages based on delay.
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
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.