HomeMy WebLinkAbout02-26-2025 Steering Committee Meeting Complete Agenda Packet
SPECIAL NOTICE
PUBLIC ATTENDANCE & PARTICIPATION AT PUBLIC MEETINGS
Steering Committee Meeting
Wednesday, February 26, 2025
5:00 p.m.
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. IN-PERSON MEETING ATTENDANCE
You may attend the meeting in-person at the following location: Orange County Sanitation District Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708 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: Join the meeting now
We suggest testing joining a Teams meeting on your device prior to the commencement of the
meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak
during the public comment section of the meeting. The Clerk of the Board will call upon you by
using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any
items. Additionally, camera feeds may be controlled by the meeting moderator to avoid
inappropriate content.
HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455
When prompted, enter the Phone Conference ID: 572 285 236#
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. WATCH THE MEETING ONLINE
The meeting will be available for online viewing at:
https://ocsd.legistar.com/Calendar.aspx SUBMIT A COMMENT
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.
For any questions and/or concerns, please contact the Clerk of the Board’s office at
714-593-7433. Thank you for your interest in OC San!
February 19, 2025
NOTICE OF REGULAR MEETING STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, February 26, 2025 – 5:00 P.M.
Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. Specific information as to how to participate in this meeting is detailed on the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during this meeting: you may participate in person, 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. The Regular Meeting of the Steering Committee of the Orange County Sanitation District will be held at the above location and in the manner indicated on Wednesday, February 26, 2025 at 5:00 p.m.
STEERING COMMITTEE & BOARD MEETING DATES
March 19, 2025 – Strategic Planning Part 1
March 26, 2025
April 16, 2025 – Strategic Planning Part 2
April 23, 2025
May 28, 2025
June 25, 2025
July 23, 2025
August 27, 2025
September 24, 2025
October 22, 2025
November 19, 2025 *
December 17, 2025 *
January 28, 2026
February 25, 2026
* Meeting will be held on the third Wednesday of the month
ROLL CALL STEERING COMMITTEE
Meeting Date: February 26, 2025 Time: 5:00 p.m.
COMMITTEE MEMBERS (7) Ryan Gallagher, Board Chair
Jon Dumitru, Board Vice-Chair
Pat Burns, Operations Committee Chair Christine Marick, Administration Committee Chair
Glenn Grandis, Member-At-Large
Chad Wanke, Member-At-Large
John Withers, Member-At-Large
OTHERS Scott Smith, General Counsel
STAFF
Rob Thompson, General Manager
Lorenzo Tyner, Assistant General Manager
Jennifer Cabral, Director of Communications Mike Dorman, Director of Engineering
Laura Maravilla, Director of Human Resources
Riaz Moinuddin, Director of Operations & Maintenance Wally Ritchie, Director of Finance
Lan Wiborg, Director of Environmental Services
Kelly Lore, Clerk of the Board
ORANGE COUNTY SANITATION DISTRICT Effective 2/11/2025 BOARD OF DIRECTORS Complete Roster
AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR
Anaheim
Carlos A. Leon
Ryan Balius
Brea Christine Marick Cecilia Hupp
Buena Park Joyce Ahn Lamiya Hoque
Cypress Scott Minikus Bonnie Peat
Fountain Valley Glenn Grandis Ted Bui
Fullerton Jamie Valencia Shana Charles
Garden Grove Stephanie Klopfenstein Cindy Ngoc Tran
Huntington Beach Pat Burns Gracey Van Der Mark
Irvine Melinda Liu Kathleen Treseder
La Habra Jose Medrano Rose Espinoza
La Palma Debbie Baker Vikesh Patel
Los Alamitos Jordan Nefulda Tanya Doby
Newport Beach Erik Weigand Michelle Barto
Orange Jon Dumitru John Gyllenhammer
Placentia Chad Wanke Ward Smith
Santa Ana Johnathan Ryan Hernandez Jessie Lopez
Seal Beach Lisa Landau Ben Wong
Stanton David Shawver John D. Warren
Tustin Ryan Gallagher Austin Lumbard
Villa Park Jordan Wu Kelly McBride
Sanitary/Water Districts
Costa Mesa Sanitary District Bob Ooten
Art Perry
Midway City Sanitary District Andrew Nguyen Tyler Diep
Irvine Ranch Water District John Withers Dan Ferons
Yorba Linda Water District Tom Lindsey Gene Hernandez
County Areas
Board of Supervisors Doug Chaffee Janet Nguyen
STEERING COMMITTEE
Regular Meeting Agenda
Wednesday, February 26, 2025 - 5:00 PM
Huntington Beach Room
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations,
please contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at
least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type
of accommodation requested.
AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this
agenda has been posted outside OC San's Headquarters located at 18480 Bandilier Circle, Fountain Valley,
California, and on the OC San’s website at www.ocsan.gov not less than 72 hours prior to the meeting date and
time above. All public records relating to each agenda item, including those distributed less than 72 hours
prior to the meeting to a majority of the Board of Directors, are available for public inspection with 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 RECORDING: A recording of this meeting is available within 24 hours after adjournment of the
meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted 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: Rob Thompson, rthompson@ocsan.gov / (714) 593-7110
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Director of Communications: Jennifer Cabral, jcabral@ocsan.gov / (714) 593-7581
Director of Engineering: Mike Dorman, mdorman@ocsan.gov / (714) 593-7014
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
Director of Finance: Wally Ritchie, writchie@ocsan.gov / (714) 593-7570
Director of Human Resources: Laura Maravilla, lmaravilla@ocsan.gov / (714) 593-7007
Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 26, 2025
CALL TO ORDER
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 participate in person, 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.
REPORTS:
The Board 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.
1.2025-4122APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Steering Committee held January 22,
2025.
Originator:Kelly Lore
Agenda Report
01-22-2025 Steering Committee Meeting Minutes
Attachments:
2.2025-4049JANITORIAL & FLOOR MAINTENANCE SERVICES, SPECIFICATION
NO. S-2024-646BD
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a General Services Contract to Gamboa Services Inc. DBA Corporate
Image Maintenance for janitorial and floor maintenance services at
Headquarters and Plant Nos. 1 and 2, Specification No. S-2024-646BD, for a
total amount not to exceed $1,401,623 for the period beginning April 1, 2025,
through March 31, 2026, with four (4), one-year renewal options;
B. Approve a contingency of $140,162 (10%);
Page 1 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 26, 2025
C. Receive and file Eternal Love Limited Liability Company DBA Vested Solutions
Inc. protest dated February 3, 2025, for Specification No. S-2024-646BD; and
D. Receive and file Orange County Sanitation District’s Determination Letter dated
February 7, 2025, to Eternal Love Limited Liability Company DBA Vested
Solution Inc. responding to protest.
Originator:Lorenzo Tyner
Agenda Report
Eternal Love LLC dba Vested Solutions Inc. Protest
Statement
OC San Protest Response Letter
General Services Contract - S-2024-646BD
Attachments:
NON-CONSENT:
3.2023-3186BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a project budget increase of $26,000,000 for Bay Bridge Pump Station
Replacement, Project No. 5-67, for a new total budget of $172,000,000;
B. Receive and file Bid Tabulation and Recommendation for Bay Bridge Pump
Station Replacement, Project No. 5-67;
C. Award a Construction Contract Agreement to J.F. Shea Construction, Inc. for
Bay Bridge Pump Station Replacement, Project No. 5-67, for a total amount not
to exceed $87,321,000; and
D. Approve a contingency of $8,732,100 (10%).
Originator:Mike Dorman
Agenda Report
5-67 Construction Contract Agreement
Presentation - 5-67 Contract
Attachments:
4.2023-3187BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Arcadis U.S., Inc.
to provide construction support services for Bay Bridge Pump Station
Replacement, Project No. 5-67, for a total amount not to exceed $12,143,580;
and
Page 2 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 26, 2025
B. Approve a contingency of $1,214,358 (10%).
Originator:Mike Dorman
Agenda Report
5-67 PCSA
Presentation - 5-67 PCSA
Attachments:
INFORMATION ITEMS:
None.
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 2025-4124CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Glenn Suchor, Workers’ Compensation Claim, Workers Compensation Appeals Board,
Case Nos. ADJ19142291 and ADJ19142279.
Agenda Report
Steering CS Memo re Suchor 02-26-25
Attachments:
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
Page 3 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 26, 2025
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 Steering Committee on March 26, 2025
at 5:00 p.m.
Page 4 of 4
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4122 Agenda Date:2/26/2025 Agenda Item No:1.
FROM:Robert Thompson, 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 Steering Committee held January 22, 2025.
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 24-09
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·January 22, 2025 Steering Committee meeting minutes
Orange County Sanitation District Printed on 2/14/2025Page 1 of 1
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, January 22, 2025
5:00 PM
Huntington Beach Room
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman Ryan Gallagher on Wednesday, January 22, 2025 at 5:00
p.m. at the Orange County Sanitation District Headquarters.
ROLL CALL AND DECLARATION OF QUORUM:
The Clerk of the Board declared a quorum present as follows:
PRESENT:Ryan Gallagher, Jon Dumitru, Pat Burns, Glenn Grandis, Christine
Marick, Chad Wanke and John Withers
ABSENT:None
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Jennifer Cabral, Director of Communications; Mike Dorman, Director of
Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of
Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of
Environmental Services; Kelly Lore, Clerk of the Board; Mo Abiodun; Daisy Covarrubias; Raul
Cuellar; Don Cutler; Justin Fenton; Al Garcia; Tina Knapp; Rob Michaels; Aldwin Ramirez;
Kevin Work; and Ruth Zintzun were present in the Huntington Beach Room.
OTHERS PRESENT: Scott Smith, General Counsel; Director Bob Ooten, Costa Mesa Sanitary District; Rich Maher, KDM Meridian; Danielle Dychter, Michael Sullivan &
Associates; and Phil Lem, Payne & Fears LLP, were present in the Huntington Beach Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Gallagher and General Manager Rob Thompson did not provide reports.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2025-4023
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Page 1 of 4
STEERING COMMITTEE Minutes January 22, 2025
Approve minutes of the Regular meeting of the Steering Committee held December 18,
2024.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Glenn Grandis, Christine
Marick, Chad Wanke and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
NON-CONSENT:
2. GENERAL MANAGER’S FY 2024-2025 WORK PLAN MID-YEAR 2024-3991
UPDATE
Originator: Rob Thompson
Mr. Thompson provided a brief overview of the General Manager's FY 2024-2025
Work Plan Mid-Year update.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the General Manager’s FY 2024-2025 Work Plan Mid-Year Update.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Glenn Grandis, Christine
Marick, Chad Wanke and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(2), 54956.8, 54956.9(d)(1), & 54957(b)(1).
The Committee convened in closed session at 5:03 p.m. Confidential minutes of the Closed
Sessions have been prepared in accordance with the above Government Code Sections and
are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board
and Committee Closed Session meetings.
Page 2 of 4
STEERING COMMITTEE Minutes January 22, 2025
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
2025-4029
CONVENED IN CLOSED SESSION:
Number of Potential Cases: (1)
Significant exposure to litigation: Claim of Glenn Suchor.
A copy of this claim is on file with the Clerk of the Board and available for public
inspection.
CS-2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2025-4042
CONVENED IN CLOSED SESSION:
Property: 18475 Bandilier Circle, Fountain Valley, CA - APN No.156-163-15
Agency negotiators: General Manager Rob Thompson, Assistant General Manager
Lorenzo Tyner, and Director of Finance Wally Ritchie.
Negotiating parties: Chandler Real Properties
Under negotiation: Price and terms of payment
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2025-4062
CONVENED IN CLOSED SESSION:
Number of Cases: 2
1. Jose Salcido, Workers’ Compensation Claim, Workers Compensation Appeals
Board, Case No. ADJ14774129.
2. David Rodriguez, Workers’ Compensation Claim, Workers Compensation
Appeals Board, Case No. ADJ11047084 & ADJ12918127.
CS-4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - GOVERNMENT
CODE SECTION 54957(b)(1)
2024-3908
CONVENED IN CLOSED SESSION:
Public Employee Performance Evaluation
Number of Employees: 1
·General Counsel
Page 3 of 4
STEERING COMMITTEE Minutes January 22, 2025
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:56 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Scott Smith stated there was no reportable action.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Gallagher declared the meeting adjourned at 5:57 p.m. to the next Regular Steering
Committee meeting to be held on Wednesday, February 26, 2025 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4049 Agenda Date:2/26/2025 Agenda Item No:2.
FROM:Robert Thompson, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
JANITORIAL & FLOOR MAINTENANCE SERVICES, SPECIFICATION NO. S-2024-646BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a General Services Contract to Gamboa Services Inc. DBA Corporate Image
Maintenance for janitorial and floor maintenance services at Headquarters and Plant Nos. 1
and 2, Specification No. S-2024-646BD, for a total amount not to exceed $1,401,623 for the
period beginning April 1, 2025, through March 31, 2026, with four (4), one-year renewal
options;
B. Approve a contingency of $140,162 (10%);
C. Receive and file Eternal Love Limited Liability Company DBA Vested Solutions Inc. protest
dated February 3, 2025, for Specification No. S-2024-646BD; and
D. Receive and file Orange County Sanitation District’s Determination Letter dated February 7,
2025, to Eternal Love Limited Liability Company DBA Vested Solution Inc. responding to
protest.
BACKGROUND
The purpose of this Contract is to provide general cleaning and floor maintenance services,including
all necessary labor,supplies,materials,and equipment,for buildings and offices at Orange County
Sanitation District’s (OC San)Headquarters,and Plant Nos.1 and 2.The proposed Contract
provides cleaning services for approximately 300,000 square feet of work area across all three
locations including day and night shift coverage in process areas seven days per week,and five days
per week service for non-process areas.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Commitment to safety & reducing risk in all operations
·Provide a safe and collegial workplace
Orange County Sanitation District Printed on 2/18/2025Page 1 of 4
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File #:2025-4049 Agenda Date:2/26/2025 Agenda Item No:2.
PROBLEM
Occupied buildings require regular janitorial services to maintain hygienic workspaces and restroom
facilities, and the current service contract is expiring.
PROPOSED SOLUTION
Approve a janitorial and floor maintenance General Services Contract to Gamboa Services Inc.DBA
Corporate Image Maintenance as the highest-ranked proposer for Specification No. S-2024-646BD.
TIMING CONCERNS
The current janitorial and floor maintenance services contract expires on March 31,2025,with no
renewal options.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to approve a new General Services Contract would result in a lapse of janitorial and floor
maintenance services for OC San Headquarters and Plant Nos.1 and 2,leaving occupied spaces in
an unsanitary condition.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
An RFP was issued on October 9,2024,via Planet Bids.The following evaluation criteria were
described in the RFP and used to determine the most qualified vendor.
Criterion Weight
1. Qualifications & Experience of Firm 20%
2. Proposed Staffing & Project Organization 30%
3. Work Plan 30%
4. Cost 20%
The RFP closed on November 14,2024.OC San received responses from eight vendors,six
vendors were considered responsive and were evaluated.Two proposals were found non-
responsive as one did not meet OC San’s safety requirements,and the other did not meet the
financial requirements.Prior to the receipt of proposals,an Evaluation team was formed consisting
of an OC San Maintenance Supervisor,two Maintenance Specialists,and a Maintenance Lead with
support from a Financial Management representative and a Safety and Health Specialist.The team
was chaired by a Purchasing representative as a non-voting member.This RFP used the individual
scoring method. The following information is the breakdown of the scoring results:
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File #:2025-4049 Agenda Date:2/26/2025 Agenda Item No:2.
Rank Proposer Criterion 1
(Max 20%)
Criterion 2
(Max 30%)
Criterion 3
(Max 30%)
Subtotal Score
(Max 80%)
1 Team One
Management
17%22.5%22.5%62%
2 Gamboa Services
Inc. DBA Corporate
Image Maintenance
17%21%24%62%
3 Kleenway Services 14%19%19%52%
4 US Metro Group 13%17%19%49%
5 Priority Building 14%17%17%48%
6 Eternal Love Limited
Liability Company
DBA Vested
Solutions Inc.
11%17%17%45%
All proposals were accompanied by a sealed cost proposal.Only the cost proposals for the two
highest-ranked firms were opened and negotiated.
Rank Proposer Subtotal Score
without cost
(Max 80%)
Cost
(Max 20%)
Total Weighted
Score
(Max 100%)
1 Gamboa Services Inc.
DBA Corporate Image
Maintenance
62%20%82%
2 Team One
Management
62%19%81%
COST INFORMATION FOR OPENED PROPOSALS
Rank Proposer ORIGINAL COST BAFO
1 Gamboa Services Inc.
DBA Corporate Image
Maintenance
$1,403,273 $1,401,623
2 Team One
Management
$1,454,800 $1,454,800 (no
change)
Based on these results,staff recommends approving a General Services Contract to Gamboa
Services Inc.DBA Corporate Image Maintenance.The term of this contract will begin April 1,2025,
through March 31, 2026, with four (4) one-year renewal options.
CEQA
N/A
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File #:2025-4049 Agenda Date:2/26/2025 Agenda Item No:2.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Budget FY 2024-25 and 2025-26,Section 6,Page 108)and the budget is sufficient for the
recommended action.
Date of Approval Contract Amount Contingency
02/26/2025 $1,401,623 $140,162
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Eternal Love LLC DBA Vested Solutions Inc. Protest Statement
·OC San Protest Response Letter
·General Services Contract
Orange County Sanitation District Printed on 2/18/2025Page 4 of 4
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Date: February 3,, 2025
Good Morning,
RE: Evaluation and Determination Protest/Award Protest
Eternal Love Limited Liability Company dba Vested Solutions
PO BOX 642
Palm Desert, CA 92261
(877) 460-7729
Vernon Wyllie-James (Senior Project Manager)
This is a formal written objection to the Pending Award for the Janitorial & Floor Maintenance Services S-2024-646BD
project to Gamboa Services, Inc. for $1,401,623.00. Eternal Love Limited Liability company dba Vested Solutions is an
interested party for this solicitation and we are protesting the pending award.
We would like to know the specifications on the choosing of this candidate and why only (2) proposals were even opened
or considered? We would like a review and discussion of the determination prior to the solicitation being awarded in
March.
In order to properly dispute we need to know the scoring that was done on NOT choosing us. We have almost 10 years of
experience performing Governmental Contracting Services for Cities & Counties and since the submission of the bid and
our 2023 Tax Return submission our financial position has also increased. We have a current workforce in the Orange
County area and are local residents of Orange County. In addition our bid is more cost effective to Orange County than
the pending awardee.
Sarah Jones
Administrator
(877) 460-7729
Administrator@VirtualVestedSolutions.com
virtualvestedsolutions@gmail.com
Co.
701 Palomar Airport Road - Suite 300
Carlsbad, CA 92011
(877) 460-7729
virtualvestedsolutions@gmail.com
www.virtualvestedsolutions.com
VERNON WYLLIE-JAMES
Senior Project Manager & Owner (Principle Partner)
February 7, 2025
Via email
Sarah Jones
Eternal Love Limited Liability Company dba Vested Solutions
PO Box 642
Palm Desert, CA 92261
info@virtualvestedsolutions.com
SUBJECT: S-2024-646BD Janitorial & Floor Maintenance Services Award
Recommendation Protest
The Orange County Sanitation District (OC San) received an official protest statement
from Eternal Love LLC dba Vested Solutions to the subject specification on February 3,
2025. OC San has reviewed the protest document and has denied the claims for the
following reasons:
First, the letter states “We would like a review and discussion of the determination prior to
the solicitation being awarded in March.” This request is a de-brief request and per
Section 2.9 of the Request For Proposal (RFP), OC San will provide one to anyone that
submitted a proposal however, “Debriefings will be scheduled after contract award.”
Therefore, this request for a de-brief will be granted after the award date of March 26,
2025.
Secondly, the letter states, “…our bid is more cost effective to Orange County than the
pending awardee.” OC San issued this procurement as a Request for a Proposal,
meaning the award is based on the best value and best interest of OC San, and not
lowest price. Per Section 7 of the RFP, “Best interest is determined by scoring of
proposals and the top scoring proposal with successful negotiations of contract terms will
be recommended for award.” This also explains why only two (2) cost proposals were
opened, as only two scored the highest based on the criteria listed in Section 6 of the
RFP.
As a result, OC San has determined the protest to be without merit, and shall proceed
with the intent to award the Janitorial Services & Floor Maintenance Contract to Gamboa
Services, Inc. dba. Corporate Image Maintenance.
All affected parties shall be notified in writing of OC San’s determination of the protest.
Should Eternal Love LLC wish to appeal this notice of determination of its award protest,
Eternal Love LLC may submit a written appeal to Wally Ritchie, Director of Finance and
Lorenzo Tyner, Assistant General Manager, in accordance with the procedures listed in
Exhibit “D” Section B.4. The appeal must be submitted to Purchasing@ocsan.gov no later
than 4:00 P.M. within seven (7) days of this notice.
Kevin Work
Contracts and Purchasing Manager
Attachments: Protest letter from Eternal Love LLC dba Vested Solutions, Inc. received
February 3, 2025
General Services Contract 1 of 11 Specification No. S-2024-646BD Revision 073024
GENERAL SERVICES CONTRACT Janitorial & Floor Maintenance Services Specification No. S-2024-646BD
This GENERAL SERVICES CONTRACT (hereinafter referred to as “Contract”), is made and entered into as of the date fully executed below, by and between Orange County Sanitation District (hereinafter referred to as “OC San”) and Gamboa Services, Inc. DBA Corporate Image Maintenance (hereinafter referred to as “Contractor”), and collectively referred to herein as the “Parties.” R E C I T A L S WHEREAS, OC San desires to retain the services of Contractor for Janitorial and Floor Maintenance
Services (“Services”) as described in Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, Contractor is qualified to perform the Services by virtue of experience, training, education, and expertise; and
WHEREAS, OC San desires to engage Contractor to provide the Services; and WHEREAS, OC San selected Contractor to provide the Services in accordance with OC San’s
current Purchasing Ordinance; and WHEREAS, on February 26, 2025, OC San’s Board of Directors, by minute order, authorized
execution of this Contract. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and benefits specified below, the Parties agree as follows:
1. General. 1.1 This Contract and all exhibits hereto are made by OC San and the Contractor. 1.2 The following exhibits, in order of precedence, are incorporated by reference and made part of this Contract.
Exhibit “A” – Scope of Work Exhibit “B” – Proposal and BAFO
Exhibit “C” – Determined Insurance Requirement Form Exhibit “D” – Contractor Safety Standards Exhibit “E” – Human Resources Policies
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the Contract shall control and thereafter the provisions in the document highest in precedence shall be controlling. 1.4 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or actions incurred or undertaken by Contractor as a result of work performed in anticipation of acquisition of the Services by OC San. 1.5 Work Hours: Shall be as specified in Exhibit “A.”
General Services Contract 2 of 11 Specification No. S-2024-646BD Revision 073024
1.6 Days: Shall mean calendar days, unless otherwise noted.
1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 Work: Shall mean all work, labor, and materials necessary to provide the Services. 1.9 The provisions of this Contract may be amended or waived only by an amendment executed by authorized representatives of both Parties. 1.10 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. 2. Scope of Work. 2.1 Contractor shall perform the Services identified in Exhibit “A” in accordance with generally accepted industry and professional standards.
2.2 Modifications to Scope of Work. OC San shall have the right to modify the Scope of Work at any time. All modifications must be made by an amendment signed by both Parties.
2.3 Familiarity with Work. By executing this Contract, Contractor warrants that: (a) it has investigated the work to be performed; (b) it understands the facilities, difficulties, and
restrictions of the work under this Contract; and (c) it has examined the site of the work and is aware of all conditions at the site. Should Contractor discover any latent or unknown condition 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.
2.4 Performance. Time is of the essence in the performance of the provisions hereof. 3. Contract Term. 3.1 The term of this Contract shall be for one (1) year commencing on April 1, 2025 and continuing through March 31, 2026. 3.2 Renewals. At its sole discretion, OC San may exercise the option to renew this Contract for up to four (4) one-year periods. This Contract may be renewed by an OC San Purchase Order. OC San shall have no obligation to renew the Contract nor to give a reason if it elects not to renew it. 3.3 Extensions. The term of this Contract may be extended only by an amendment signed by both Parties.
4. Compensation.
4.1 As compensation for the Services provided under this Contract, OC San shall pay Contractor a total amount not to exceed One Million Four Hundred One Thousand Six Hundred Tweny-Three Dollars ($1,401,623.00).
General Services Contract 3 of 11 Specification No. S-2024-646BD Revision 073024
4.2 Contractor shall provide OC San with all required premiums and/or overtime work at no
charge beyond the amount specified above. 5. Payments and Invoicing. 5.1 OC San shall pay itemized invoices for work completed in accordance with Exhibit “A” thirty (30) days from receipt of the invoice and after approval by OC San’s Project Manager or designee. OC San shall be the determining party, in its sole discretion, as to whether the Services have been satisfactorily completed. 5.2 Contractor shall submit its invoices to OC San Accounts Payable by electronic mail to APStaff@OCSan.gov. In the subject line include “INVOICE” and the Purchase Order
Number. 6. California Department of Industrial Relations Registration and Record of Wages. 6.1 To the extent Contractor’s employees and/or its subcontractors perform work related to this Contract for which Prevailing Wage Determinations have been issued by the
California Department of Industrial Relations (DIR) as more specifically defined under Labor Code section 1720 et seq., prevailing wages are required to be paid for applicable work under this Contract. It is Contractor’s responsibility to interpret and implement any
prevailing wage requirements and Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
6.2 Contractor and its subcontractors shall comply with the registration requirements of Labor Code section 1725.5. Pursuant to Labor Code section 1771.4(a)(1), the work is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). 6.3 Pursuant to Labor Code section 1773.2, a copy of the prevailing rate of per diem wages is available upon request at OC San’s principal office. The prevailing rate of per diem wages may also be found at the DIR website for prevailing wage determinations at http://www.dir.ca.gov/DLSR/PWD. 6.4 Contractor and its subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulations section 16461(e). Pursuant to Labor Code sections 1773.2 and 1771.4(a)(2), Contractor shall post a copy of the prevailing rate of per diem wages at the
job site. 6.5 Contractor and its subcontractors shall maintain accurate payroll records and shall
comply with all the provisions of Labor Code section 1776. Contractor and its subcontractors shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(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 the 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. Pursuant to Labor Code section 1776(h), penalties for non-compliance with a request for payroll records may be deducted from progress payments.
General Services Contract 4 of 11 Specification No. S-2024-646BD Revision 073024
6.5.1 As a condition to receiving payments, Contractor agrees to present to OC San,
along with any request for payment, all applicable and necessary certified payrolls and other required documents for the period covering such payment request. Pursuant to Title 8, California Code of Regulations section 16463, OC San shall
withhold any portion of a payment, up to and including the entire payment amount, until certified payroll forms and any other required documents are properly submitted. In the event certified payroll forms do not comply with the requirements of Labor Code section 1776, OC San may continue to withhold sufficient funds to cover estimated wages and penalties under the Contract. 6.6 The Contractor and its subcontractors shall comply with Labor Code section 1774 and section 1775. Pursuant to Labor Code section 1775, the Contractor and any of its
subcontractors shall forfeit to OC San a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any work. 6.6.1 In addition to the penalty and pursuant to Labor Code section 1775, the difference
between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or its
subcontractor. 6.7 Contractor and its subcontractors shall comply with Labor Code sections 1810 through 1815. Contractor and its subcontractors shall restrict working hours to eight (8) hours per day and forty (40) hours per week, except that work performed in excess of those limits shall be permitted upon compensation for all excess hours worked at not less than one and one-half (1.5) times the basic rate of pay, as provided in Labor Code section 1815. The Contractor shall forfeit, as a penalty to OC San, twenty-five dollars ($25) per worker
per calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of Labor Code sections 1810 through 1815.
6.8 Contractor and its subcontractors shall comply with Labor Code sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices by Contractor or any
subcontractor. 6.9 Contractor shall include, at a minimum, a copy of the following provisions in any contract it enters into with any subcontractor: Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860, and 1861. 6.10 Pursuant to Labor Code sections 1860 and 3700, the Contractor and its subcontractors will be required to secure the payment of compensation to employees. Pursuant to Labor Code section 1861, Contractor, by accepting this contract, certifies that: “I am aware of the provisions of section 3700 of the Labor Code which require
every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract.”
General Services Contract 5 of 11 Specification No. S-2024-646BD Revision 073024
Contractor shall ensure that all its contracts with its subcontractors provide the provision
above. 7. Damage to OC San’s Property. Any of OC San’s property damaged by Contractor, any
subcontractor, or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San. 8. 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. 9. Audit Rights. Contractor agrees that, during the term of this Contract and for a period of three
(3) years after its expiration or 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. 10. 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 the Contractor Safety Standards while working at OC San locations. If, during the course of the Contract, it is discovered that the Contractor Safety Standards do not comply with Federal, State, or local regulations, the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor, its subcontractors, and all of their employees shall adhere to the safety requirements in Exhibit “A,” all applicable Contractor Safety Standards in Exhibit “D,” and the Human Resources
Policies in Exhibit “E.” 11. California Voluntary Protection Program (Cal/VPP) Annual Reporting Requirement. For the duration of the contract term, Contractor shall provide an annual report detailing its safety and health information, including, but not limited to, its total number of employees, work hours, number of injuries and illnesses, and number of injury and illness cases involving days away from work, restricted work activity and/or job transfer. Contractor shall furnish this report to OC San no later than the 20th day of January each calendar year. Failure to provide this data by the required due date may result in suspension of your services with OC San. Any delay arising out of or resulting from such suspension shall be Contractor’s sole responsibility and considered Contractor caused delay, which shall not be compensable by OC San. 12. Insurance. Contractor and all its subcontractors shall purchase and maintain, throughout the term of this Contract and any periods of warranty or extensions, insurance in amounts equal
to the requirements set forth in the signed Exhibit “C” – Determined Insurance Requirement Form. 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 obtain and maintain the 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 may 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
General Services Contract 6 of 11 Specification No. S-2024-646BD Revision 073024
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 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. This section shall survive the expiration or early termination of the Contract. 15. Independent Contractor. The 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. 16. 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. 17. Disclosure. Contractor agrees not to disclose, to any third party, data or information generated from this Contract without the prior written consent from OC San. 18. Non-Liability of OC San Officers and Employees. No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San, or for any amount which may become due to Contractor or to its successor,
or for breach of any obligation under the terms of this Contract. 19. Third-Party Rights. Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor. 20. 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 OC San harmless from any and all damages and liabilities assessed against OC San as a result of Contractor’s noncompliance therewith. Any provision required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically included or referenced.
General Services Contract 7 of 11 Specification No. S-2024-646BD Revision 073024
21. 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 provide the Services. 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 this Contract will be paid by Contractor. 22. Regulatory Requirements. Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and Water
Codes Division 2. 23. Environmental Compliance. Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations.
24. South Coast Air Quality Management District’s Requirements. It is Contractor’s responsibility to ensure 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 SCAQMD. 25. Warranties. Contractor’s Warranty (Guarantee): If within a one (1) year period of completion of all work specified in Exhibit “A,” OC San informs Contractor that any portion of the Services
provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OC San and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense.
26. Dispute Resolution.
26.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County (“JAMS”), or any similar organization or entity conducting an alternate dispute resolution process. 26.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to Code of Civil Procedure, Part 3, Title 9, sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to Code of Civil Procedure section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with
the laws of the State of California. The arbitrator’s decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein.
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27. Liquidated Damages. Not Used 28. Remedies. In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods and Services or repudiates its obligations under this Contract, or if
OC San rejects the goods or Services or revokes acceptance of the goods and Services, OC San may (a) cancel the Contract; (b) recover whatever amount of the purchase price OC San has paid, and/or (c) “cover” by purchasing, or contracting to purchase, substitute goods and Services for those due from Contractor. In the event OC San elects to “cover” as described in (c), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods and Services and the Contract price, together with any incidental or consequential damages.
29. 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 the affected 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 of the Parties. 30. Termination.
30.1 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. 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) through 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 through the date of termination. 30.2 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 for any other default of this Contract. 30.3 OC San may also immediately terminate this Contract for default, 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 the total amount of compensation exceeds the amount authorized under this Contract.
30.4 All OC San’s property in the possession or control of Contractor shall be returned by Contractor to OC San on demand or at the expiration or early termination of this Contract, whichever occurs first. 31. Attorney’s Fees. If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be entitled.
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32. Waiver. The waiver by 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. 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. Survival. The provisions of this Contract dealing with payment, warranty, indemnity, and forum for enforcement shall survive expiration or early termination of this Contract. 35. 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. 36. Notices. 36.1 All notices under this Contract must be in writing. Written notice shall be delivered by personal service, by electronic telecommunication, 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 Purchasing Supervisor Orange County Sanitation District 18480 Bandilier Circle
Fountain Valley, CA 92708 jlagade@ocsan.gov Contractor: Michael Gamboa Vice President
Gamboa Services, Inc. DBA Corporate Image Maintenance 2116 S. Wright Street Santa Ana, CA 92705 michael@corp-image-maint.com
36.2 Each party shall provide the other party written notice of any change in address as soon as practicable. 37. Read and Understood. By signing this Contract, Contractor represents that it has read and understood the terms and conditions of the Contract.
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38. 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. 39. Entire Agreement. This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral communications and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. [Intentionally left blank. Signatures follow on the next page.]
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IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by their duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: Ryan P. Gallagher
Chair, Board of Directors Dated: _________________ By:
Kelly A. Lore Clerk of the Board
Dated: _________________ By:
Kevin Work Purchasing & Contracts Manager GAMBOA SERVICES, INC. DBA CORPORATE IMAGE MAINTENANCE
Dated: _________________ By:
Print Name and Title of Officer YP
EXHIBIT A Specification No. S-2024-646BD
EXHIBIT A
SCOPE OF WORK
For
Janitorial & Floor Maintenance Services
EXHIBIT A Page 1 of 18 Specification No. S-2024-646BD
EXHIBIT A SCOPE OF WORK JANITORIAL & FLOOR MAINTENANCE SERVICES SPECIFICATION NO. S-2024-646BD 1. Summary The Orange County Sanitation District (OC San) is seeking a highly qualified and experienced janitorial maintenance company to provide janitorial and floor maintenance services at the following locations:
• OC San Headquarters. 18480 Bandilier Cir, Fountain Valley, California,
• Plant No. 1, 10844 Ellis Avenue, Fountain Valley, California,
• Plant No. 2, 22212 Brookhurst Street, Huntington Beach, California.
2. Work Hours 2.1 Janitorial maintenance services shall be provided seven (7) days per week with night shift coverages within the process areas located at Plant 1 and Plant 2 locations. The Headquarters Building will require day and night shift coverages as well for five (5) days a
week (Monday through Friday) with an occasional need for weekend work if there should be a special event. This will be communicated by OC San to the Contractor in advance. 2.2 Work hours during the day shift shall take place between 6:00 A.M. and 5:00 P.M. Work hours during the night shift shall take place between 6:00 P.M. and 2:30 A.M. 2.3 OC San operates twenty-four (24) hours per day, seven (7) days per week, and most areas at Plant 1 and Plant 2 will be occupied during the janitorial and floor cleaning services. Headquarters Building should normally be clear of staff by 6:00 pm. 2.4 The janitorial staff shall be flexible and attentive to an area’s special needs or special
requirements. The janitorial staff shall not service the restrooms, kitchens, and break rooms during OC San lunch hours, and morning or afternoon breaks. OC San employees will make a reasonable effort to minimize use of an area while they are being cleaned and serviced. 2.5 Contractor shall have the staff flexibility to also provide requested services for cleanup and housekeeping during special events (typically four (4) hours per event) that may occur up to
five (5) times per year on the weekend. For these events, the weekend rates shall apply. 3. Project / Work Elements 3.1 The Contractor shall furnish all labor, materials, transportation, equipment and other services necessary to provide complete janitorial maintenance and stripping, waxing, sealing of floors in accordance with this scope of work.
3.2 For this Contract, OC San requires the Contractor to provide Full-time janitors, and three (3) dedicated onsite Full-Time supervisors, one for HQ and one for each of the two (2) Plant locations.
3.3 The Contractor shall furnish the following supplies at no additional cost to OC San. OC San does not track janitorial supply usage.
• Facial Tissue for restrooms
• Rolled Paper Towels or Multi Fold paper towels for kitchens
EXHIBIT A Page 2 of 18 Specification No. S-2024-646BD
o DublNature Multifold Towel Product # 48140 or equal
• Toilet paper (2-ply)
• Toilet Seat Protectors
• Waterless Urinal Cartridge (Falcon, Sloan or equal)
• Scented urinal screens
• Hand soap for dispensers
• Dawn dish soap (or equivalent)
• Paper towels for dispensers
• Soap and shampoo for shower dispensers
• Feminine Products (tampons and sanitary pads)
• All Waste Receptacle Liners
• 7 oz. Water Cups (all Water Cooler locations)
o Solo Product # R7N or equal
• Anti-microbial shower curtains (semi-annually) 3.4 Dispensers shall be stocked at all times and shall be checked throughout the day to ensure adequate quantities are available. Contractor shall also check and replace the batteries for battery operated dispensers at no additional cost to OC San.
3.5 The Headquarters’ lobby, lobby restrooms, board room, and meeting rooms are areas of high usage during the entire day, and occasionally in the evening. Special attention is
required to service these areas at the start and at the end of each day. 3.6 The Headquarters’ lobby restrooms are to be cleaned/refreshed no later than 4:00 P.M. on committee/board meeting evenings (every Wednesday and the first Thursday of each month). 3.7 The committee, board rooms, lobby restrooms, and kitchen areas are to be cleaned after these meetings no later than 6:00 A.M., the following day. In addition, the conference
rooms and the lobby restrooms shall be cleaned, and supplies are to be refilled immediately following public tours. 3.8 The Contractor shall be aware of current meeting schedules and other work routines within the facility and conduct its work in such a manner as to cause minimal interference with the execution of OC San business or staff.
4. Work Locations and Tasks
The following areas shall be cleaned and maintained according to this Scope of Work. All equipment and materials shall be used per manufacturer's directions for each application.
EXHIBIT A Page 3 of 18 Specification No. S-2024-646BD
4.1 Restrooms and Restroom Entry Areas
• All men’s restrooms shall be cleaned and maintained by male workers and all women’s restrooms shall be cleaned and maintained by female workers. Unisex
restrooms can be serviced by either.
• Water used in a mop bucket shall be discarded following each restroom cleaning.
• Lobby restrooms are to be cleaned/refreshed by no later than 4:30 p.m. on the days of Committee and Board meetings which is every Wednesday and the 1st Thursday of each month. 4.1.1 Day Shift Tasks 4.1.1.1 Hourly:
• Check, refill, and clean as needed: all soap, toilet paper, toilet seat protectors, paper towel, and feminine napkin dispensers.
• Disinfect all door handles, light switches, and applicable handrails 4.1.1.2 Weekly:
• Clean and polish all doors (including kick plates), door jambs (clean only), walls, toilet stall partitions (inside and out), mirrors, chrome, and stainless-steel fixtures and remove any marks, stains or graffiti. 4.1.1.3 Monthly:
• Dust and remove cobwebs from light fixtures, skylights and openings 4.1.2 Night Shift Tasks 4.1.2.1 Daily:
• Check, refill, and clean as necessary: all soap, toilet paper, toilet seat protectors, paper towel, and feminine napkin dispensers.
• Check, refill (as necessary) hand sanitizer
• Empty, clean and disinfect (as needed) all trash receptacles and insert new liners
• Disinfect all washbasins (sinks), counters, and fixtures with non-abrasive disinfectant cleanser
o Tile, grout and caulking shall be free of mold, mildew and stains
• Disinfect all door handles, light switches, handrails.
• Disinfect and clean all surfaces, inside and outside of toilet seats, fixtures of urinals and toilets
• Clean all mirrors and mirror’s frame
• Clean stainless-steel fixtures
• Sweep entire restroom/entry area floors
EXHIBIT A Page 4 of 18 Specification No. S-2024-646BD
• Damp mop entire restroom floor, including entry areas, with disinfectant
• Restrooms at both Control Centers shall be cleaned before 6:30am 4.1.2.2 Weekly
• Pour a large bucket of fresh water down all floor drains 4.1.2.3 Monthly
• Scrub resilient and hard surface floors (non-waxed surfaces) with appropriate cleaner
• Clean HVAC grilles, vents and registers
• Supply and install waterless urinal cartridge as needed or as instructed by OC San Contract Manager 4.1.2.4 Quarterly
• Spray buff resilient and hard surface floors
• Wash/scrub and disinfect wall tile and partitions 4.2 Showers, Shower Entry Areas and Locker Rooms 4.2.1 Day Shift Tasks 4.2.1.1. Daily:
• Check, refill, and clean as necessary all soap and paper towel dispensers
• Check, refill as necessary sanitizer for dispensers.
• Empty, clean and disinfect (as needed) all trash receptacles and insert new liners
• Disinfect all door handles, light switches, and applicable handrails 4.2.1.2. Monthly:
• Clean and disinfect exterior of all lockers. (Do not allow water to drip into lockers)
• Dust and remove cobwebs from light fixtures, skylights and openings
• Clean HVAC grilles, vents and registers
4.2.2 Night Shift Tasks 4.2.2.1 Daily:
• Dust mop/sweep floors
EXHIBIT A Page 5 of 18 Specification No. S-2024-646BD
• Damp mop floors with disinfectant cleaner
• Dust and spot clean lockers and benches (Benches shall be left dry)
• Spot clean all doors, locker room walls, partitions, mirrors and other surfaces
• Clean shower drains of hair, soap and all other materials
• Scrub and disinfect all shower surfaces including doors, floors, mats
associated with showers, baseboards, walls, shower stalls/partitions and fixtures so that all surfaces are free of mold, soap scum, body oils, mineral deposits, stains and odors
• Scrub shower entrances and walkways with deck scrub brush and disinfectant cleanser 4.2.2.2 Weekly:
• Clean shower curtains so that all surfaces shall be free of soap scum, body oils, mold and mineral deposits 4.2.2.3 Monthly:
• Machine scrub resilient and hard surface floors with appropriate
cleaner (non-waxed surfaces). 4.2.2.4 Quarterly:
• Spray buff resilient and hard surface floors (waxed areas only) 4.2.2.5 Semi-Annually:
• Replace shower curtains or as needed 4.3 Entryways (exterior and interior), Lobbies, Hallways, Corridors, Traffic Areas Stairs, and Bridge. 4.3.1 Day Shift Tasks 4.3.1.1 Hourly
• Check and clean entryways (exterior and interior), lobbies, hallways, corridors, stairs, and bridge hourly. 4.3.1.2 Daily:
• Dust mop/sweep hard surface floors then damp mop (Interior only)
• Spot cleaning of doors and interior glass
• Empty, clean, and disinfect (as needed) all trash receptacles and insert new liners
• Wipe clean counters
EXHIBIT A Page 6 of 18 Specification No. S-2024-646BD
• Disinfect all door handles, light switches, and applicable handrails
• Damp wipe all handrails interior/exterior (Non-process areas)
• Sweep outside entryways, decks, stairs, and stairway landings
• Immediately remove/spot clean spills from hard floor surfaces and carpet in accordance with Carpet and Rug Institute (CRI) directives and certified products
• Pick up any trash from the bridge area 4.3.1.3 Weekly:
• HQ – Check, water and trim as needed the indoor plants in lobby and other common areas (not personal plants on desks). Any damage to
plants by Contractor or its employees shall be replaced with identical species unless otherwise notified in writing by the OC San Contract Manager. OC San will determine the need for replacement.
• HQ Bridge – Concrete to be cleaned weekly or as needed with a mechanical walk behind scrubber to remove buildup of dirt and stains. No debris shall fall onto the roadway below (Contractor is liable for damages to vehicles caused by its employees).
• Clean doors, door jambs, door glass, frames and kick plates
• Sweep and/or vacuum and damp mop interior stairways
• Remove cigarette butts and ashes from outdoor ashtrays (keep ashtrays 20ft from building entrances)
• Wipe clean trophy cases
4.3.1.4 Monthly:
• Dust and remove cobwebs from light fixtures, skylights, and open ceiling spaces
• Wipe clean: partitions, walls, baseboards, counters, cabinets, and all other horizontal (Accessible) surfaces (or as requested)
4.3.2 Night Shift Tasks 4.3.2.1 Daily
• Vacuum or sweep wiper/scraper mats at entrances to buildings (interior and exterior)
• Vacuum all carpets
• Empty, clean, and disinfect (as needed) all trash receptacles and insert new liners 4.3.2.2 Quarterly
• Spray buff resilient and hard surface floors
EXHIBIT A Page 7 of 18 Specification No. S-2024-646BD
4.4 Offices, Cubicles, Meeting and Conference Rooms 4.4.1 Day Shift Tasks 4.4.1.1. Hourly
• Check hourly and clean, meeting and conference rooms as needed. 4.4.1.2. Daily:
• Immediately remove debris/spot clean spills from floor surfaces and
carpet
• Empty and clean trash receptacles (disinfect as needed) and replace liners 4.4.2 Night Shift Tasks 4.4.2.1 Daily
• Wipe down conference room tables with appropriate cleaner
• Sweep or dust mop and damp mop hard surface floors with appropriate cleaner
• Empty and clean trash receptacles (disinfect as needed) and replace liners
• Empty recycle receptacle bins throughout buildings into designated recycling dumpsters. Quantities and locations to be determined
o Bin sizes/quantities are subject to minor size and quantity changes.
• Empty paper shredder receptacles and place in designated, outside
recycling dumpsters
• Disinfect all door handles, and light switches
• Arrange chairs in orderly fashion 4.4.2.2 Weekly
• Vacuum all carpets
• Dust and spot clean doors, door frames, kick plates, walls, counters, windowsills, baseboards and partitions
• Clean workstation and partition glass/Plexiglas 4.4.2.3 Monthly
• Dust all desks, tables, office furniture, chairs, partitions, tops of all cabinets and picture frames with a treated dust cloth. Do not move or disturb any paperwork or property o All floors in HQ to be done the first week of each month
EXHIBIT A Page 8 of 18 Specification No. S-2024-646BD
• Clean HVAC grilles, vents and registers
• Dust and remove cobwebs from light fixtures skylights and openings
• Vacuum fabric on upholstered furniture 4.4.2.4 Quarterly
• Spray buff resilient and hard surface floors
• Clean window blinds and return to previous position (Do Not Disturb decorations on windows) 4.5 Lunchrooms, Kitchens, Break Rooms, Vending and Patio Areas/Courtyard 4.5.1 Day Shift Tasks 4.5.1.1 On the mornings following Committee/Board meeting evenings, prior to 6:00 a.m., the Board room, lobby restrooms and kitchen are to be cleaned 4.5.1.2 Lunch area/ eating area cleaning time - Lunch areas/ eating areas are to be cleaned at the end of and not during OC San staff break times. The contractor shall be flexible and adjust cleanings of such areas to
accommodate staffing. Typical break and lunch periods are as follows: o 9:30am to 10:00am
o 11:00am to 1:00pm (2-hour window) o 2:00pm to 2:30pm 4.5.1.3 Hourly
• Check hourly and clean lunchrooms, kitchens, breakrooms, vending machine areas and patio areas as needed. 4.5.1.4 Daily:
• Check and refill as necessary and clean all soap and paper towel dispensers
• Check and refill as necessary hand sanitizer for dispensers
• Empty, clean and disinfect (as needed) all trash receptacles and insert new liners
• Sweep and/or dust mop then damp mop floors with appropriate cleaner
• Damp wipe tables and chairs with appropriate cleaner and replace in orderly fashion
• Clean and disinfect counter tops, sinks, exteriors of appliances and fixtures
• Spot clean doors, glass, door frames, walls, partitions, sills, and baseboards
EXHIBIT A Page 9 of 18 Specification No. S-2024-646BD
• Disinfect all door handles and light switches
• Damp wipe interiors of microwave ovens with appropriate cleaner
• Patio furniture is to be free of debris, dirt, stains, cobwebs, insects, or animal droppings.
4.5.1.5 Weekly: • Clean outside surfaces of all kitchen appliances, including but not
limited to freezers, refrigerators, microwave and conventional ovens 4.5.2 Night Shift Tasks 4.5.2.1 Daily
• Vacuum or sweep all carpet
• Empty, clean and disinfect (as needed) all trash receptacles and insert new liners
• Clean interiors of microwave and conventional ovens 4.5.2.2 Weekly
• Clean interior of refrigerators and freezers (clean out every 1st & 3rd
Friday)
o Cleaning of certain refrigerators may occasionally be postponed 4.5.2.3 Monthly:
• Clean HVAC grilles, vents and registers
• Dust and remove cobwebs from light fixtures, skylights and openings
• Vacuum fabric on upholstered furniture
• Clean window blinds and return to previous position (Do Not Disturb decorations on windows)
4.5.2.4 Quarterly:
• Spray buff resilient and hard surface floors 4.6 Elevators 4.6.1 Day Shift Tasks 4.6.1.1. Hourly:
• Check hourly and clean elevators as needed (For the Plants: Clean non-process area elevators only). 4.6.1.2. Daily:
• Sweep then damp mop resilient floors with appropriate cleaner
EXHIBIT A Page 10 of 18 Specification No. S-2024-646BD
• Immediately remove debris/spot clean spills from floors
• Disinfect elevator control panel push buttons
• Remove smudges, fingerprints and graffiti from walls, rails and doors
4.6.2 Night Shift Tasks 4.6.2.1 Weekly:
• Clean thresholds and door tracks of dirt and debris
• Polish all chrome and stainless steel 4.6.2.2 Monthly:
• Dust and remove cobwebs from light fixtures
• Clean HVAC grilles, vents and registers 4.6.2.3 Quarterly:
• Spray buff resilient and hard surface floors 4.7 Smoking Areas 4.7.1 Day Shift Daily:
• Check and clean smoking areas as needed
• Empty cigarette ash cans 4.8 Fuel Station Plant 1 4.8.1 Day Shift Daily:
• Pick up litter and sweep when necessary
• Empty trash containers and insert new liners 4.9 Plant 1 and Plant 2 Cart Barn 4.9.1 Day Shift Weekly:
• Contractor is responsible for sweeping the area as needed
• Empty trash cans and replace with new liners
4.10 Plant 1 and Plant 2 Security Booths 4.10.1 Night Shift Daily:
• Refill the following as necessary: all soap, toilet paper, toilet seat protectors and paper towels
EXHIBIT A Page 11 of 18 Specification No. S-2024-646BD
• Disinfect all washbasins (sinks) and fixtures with non- abrasive disinfectant cleanser
• Empty, clean and disinfect trash cans and replace with new liners
• Sweep entire restroom
• Damp mop entire restroom floor, including entry area with disinfectant 4.11 Other Services 4.11.1 Day Shift Daily:
• Contractor is responsible to supply 7 oz. cups at all water cooler locations and re-fill supply as necessary
• Clean water coolers with damp, disinfectant cloth, including trays (no chemicals shall be used) 4.11.2 As Needed:
• Provide 15-gallon water extractor response for water spills / leaks
• Plunge plugged or backed-up toilets, urinals and sinks when observed or requested (disinfect before returning to service). If unsuccessful, Contractor
shall notify the OC San Contract Manager. Toilet Plunger shall never be used on sinks.
• Wet wipe surfaces to remove ants (no chemicals shall be used) when observed or requested
• Deep cleaning of offices/cubicles upon personnel moves (OC San Contract
Manager will provide the Contractor with a list of offices that will require deep cleaning).
• Contractor shall notify the OC San Contract Manager of any items needing repair, including but not limited to:
• Leaks, broken fixtures, ceiling tiles, roof leaks, damaged walls/glass/flooring,
etc.
• Clean up small, biohazard (blood) spills. Contact OC San Contract Manager for disposal. Biohazard (blood) spill cleanup kits and their disposal will be provided by OC San. 4.12 Floor Maintenance – Night Shift Tasks Only 4.12.1 Floor Coverings Floor coverings vary in each building. They may include, but are not limited to; carpet, vinyl, VCT, terrazzo, concrete, and ceramic tile. The Contractor shall be responsible for performing the appropriate cleaning and polishing method for each type of floor covering. Special attention shall be given to reduce the generation of dust while sweeping concrete surfaces. The use of a sweeping compound for this surface is encouraged.
EXHIBIT A Page 12 of 18 Specification No. S-2024-646BD
4.12.2 Carpeted Floors and Floor Mats
• Vacuum the entire carpeted area, including under chairs, tables and other easily moved items. Return moved items to their original position. Pick up staples and other hard to remove items by hand if necessary. Vacuum hard to reach areas such as behind desks and furniture as needed. The carpet shall be free
of visible dirt, litter, and soil.
• Inspect carpet for new spots and stains from spills and remove spots and stains immediately. Remove spots and stains with an appropriate industrial grade spot removing solution using the manufacturer's recommended techniques. Report
any tears, burns or unraveling to OC San Contract Manager. Carpet cleaning and shampooing is not part of this contract.
• Clean and damp mop chair floor mats as needed 4.12.3 Resilient and Hard Surface Floors
• Put out wet floor warning signs (at all affected entrances) while work is in progress and until floor is dry.
• All resilient and hard surface floors shall be swept then damp mopped daily.
• Inspect floors for new spots and stains from spills and remove immediately.
• Chairs, trash containers, and other easily movable items shall be moved, cleaned underneath and placed back in an orderly fashion.
• Upon completion, the entire surface shall be free of litter, soil, dust, hair, stains, streaks, film, standing water, and splash marks.
• Spray buff floors quarterly with floor machine and an all-cotton-buffing pad.
• Dust and damp mop floor then apply a thin film of spray polish then buff while moist to remove black marks, scuffs, stains, and scratches.
• Dust mop the floor when spray buffing is completed
4.13 Annual Floor Maintenance (stripping, waxing & sealing of floors) – Night Shift Task The following work is to be performed on all resilient and hard surface floors once every year: 4.13.1 Contractor shall provide a work schedule one month prior to the start of the annual floor maintenance as well as a 2-week notice to the Contract Manager of impending work scheduled for their work location.
4.13.2 Contractor shall meet with OC San staff at least 3 days prior to coordinate work times and work areas. 4.13.3 Stripping and waxing of floors shall not be scheduled during normal work hours. Contractor shall sign in at HQ or the Control / Operation Center then contact the Operations Supervisor to inform him / her about the work location(s) and the need
to unlock or provide access to any secured locations. Contractor shall be
EXHIBIT A Page 13 of 18 Specification No. S-2024-646BD
responsible to sign out (log out of the facility) upon completion of work just prior to leaving the facility.
4.13.4 Contractor shall place “NO ADMITTANCE” signs at all entrance and exits to work areas. The signage shall show the times that the floors will be reopened for use.
4.13.5 Minimum procedures shall consist of stripping entire floor including corners and edges until all waxes, sealers and cleaning agents are removed. Rinse floor until clean and then dry. Inspect floor to be sure all wax, sealant, dirt, cleaning agents and stains are removed. Baseboards, furniture legs, door bottoms, and corners should be cleaned as well as the floor.
• HQ - Remove dirt, grease, stains, adhesive residue, and grime build-up from concrete floors before polishing and sealing. Strippers shall be non-ammoniated
• Apply a minimum of three coats of wax and high-speed buff the final coat. Floor finish shall be clear in color, with no streaks or lint, and resist dirt and soil.
o The Contractor is responsible to move small furniture, tables, chairs, chair mats, carts, and trashcans out of the work location to be stripped, waxed, and returned to their original position upon the completion of the job. o NOTE: Failure to perform the Annual Floor Maintenance in accordance
with the above required specifications may result in the termination of the
contract, in whole or in part. 5. Resources Available 5.1 Power OC San will provide the Contractor 120 volts, 60-hertz, maximum 20 ampere electrical service free of charge. All other utilities shall be provided by the Contractor at its sole expense. 5.2 Water
OC San will furnish city (potable water) to the Contractor, free of charge. 6. Equipment 6.1 Inspection OC San reserves the right to inspect and evaluate the suitability of all proposed equipment
that shall be used to perform this work. Equipment deemed by the OC San Contract Manager or designee to be of improper type or inadequate for the purpose intended shall be replaced at no additional cost to OC San. 6.2 Workmanship, Materials & Equipment 6.2.1 The Contractor shall consistently furnish a high quality level of labor, materials and equipment for satisfactory contract performance. OC San reserves the right to reject any cleaner, supplies or equipment that does not meet its needs or performs
at an unacceptable level of cleanliness or quality. OC San shall not bear any additional costs if any or all restroom or cleaning supplies are deemed unacceptable for OC San use, and upgrades are required.
EXHIBIT A Page 14 of 18 Specification No. S-2024-646BD
6.2.2 OC San may request samples of supplies or products to evaluate the acceptability for use at OC San facilities.
6.2.3 Vacuum Cleaners shall:
• have the Carpet and Rug Institute (CRI) Seal of Approval (SOA) and shall meet the gold or silver performance standard
• be certified for commercial use
• have a rotating cylindrical brush, not a beater bar 6.2.4 All necessary cleaning equipment including power driven, floor scrubbing, waxing and polishing machines, industrial-type vacuum cleaners, etc., that is needed to
perform the work on this contract shall be furnished by the Contractor. Such equipment shall be of the size and type customarily used in work similar to this contract and shall meet the approval of the OC San Contract Manager. 6.2.5 Contractor shall be responsible for maintenance and repair of its supplies and equipment such as vacuum cleaners, mops, brooms, notification signage,
bicycles, carts, etc. 7 Project Management 7.1 Qualification and Training of Employees 7.1.1 Contractor shall submit, prior to the commencement of work under this contract, a complete list of all employees assigned to work under this contract. 7.1.2 All the Contractor's employees shall be required to wear a company uniform, identifying the Contractor and the employee’s name. No shorts are allowed.
7.1.3 Contractor shall notify OC San’s Contract Manager immediately in writing of any change in contract personnel by submitting the name, and effective date of termination of the employee and employment date of the replacement employee. 7.2 Key Personnel
7.2.1 The Contractor shall provide the work schedule of the janitorial staff to the OC San Contract Manager. A new list must be provided immediately when a staff change occurs.
7.2.2 The Supervisors shall always be available both day and night, while the work is in progress to respond to any janitorial issues that need immediate attention.
7.2.3 The Contractor’s Supervisors shall be equipped with a cell phone and their contact numbers provided to OC San Contract Manager.
7.2.4 Supervisors shall respond immediately after being contacted by voice or text message. 7.2.5 The Contractor's Supervisors shall be fully experienced and adequately trained in both cleaning and supervision.
7.2.6 Contractor's Supervisors shall be required to perform daily inspections (QA/QC) of all buildings serviced under this contract.
EXHIBIT A Page 15 of 18 Specification No. S-2024-646BD
7.2.7 The Contractor’s Supervisor(s) shall also accompany the OC San Contract
Manager on inspection tours of the buildings and sites when requested by OC San. 7.2.8 The Supervisors shall be able to communicate in English, both orally and in writing.
• HQ – In the event of an emergency, the supervisor shall communicate with
the onsite security. 7.2.9 In the absence of the Supervisor(s), the Contractor shall notify OC San in advance
or as soon as possible of Supervisor’s absence and provide OC San with name and cell phone number of their alternate.
• Alternate Supervisor shall be able to communicate in English, both orally and in writing 7.2.10 The Contractor's employees shall not be accompanied in their work area by acquaintances, family members or any other person unless said person is an authorized employee of the Contractor. 7.3 Non-Supervisory Staff 7.3.1 The Contractor shall provide enough full-time janitors to perform the work at all OC
San locations. 7.3.2 The janitors shall perform the hourly, daily, weekly, monthly, quarterly, semi-annual, and annual work tasks and other work tasks as directed by his/her Supervisor in a professional standard. 7.4 Invoicing 7.4.1 The monthly invoice shall be submitted and the end of each month and will be approved for payment after all work has been completed satisfactorily. 8 Safety, Equipment Protection & Damage 8.1 The Contractor shall be responsible for the protection of all existing equipment and facilities and shall, at its own expense, repair or restore any damage caused by the actions or negligence of its employees, within a 24-hour period. If the Contractor fails or refuses to make such repairs or restorations, OC San may have the work performed and
deduct the repair cost from the monthly invoice. 8.2 Contractor shall be responsible for dust and noise mitigation as a result of their services
being provided. 8.3 All Contractor employees shall receive blood-borne pathogen training annually and the
Contractor shall have training records available upon request. 8.4 OC San’s Risk Management Division must approve all chemicals used. All chemicals shall have proper identifying labels affixed to them as well as secondary containers (i.e., spray bottles). Any chemical used in performing the contract work shall have the appropriate Material Safety Data Sheet (MSDS) in a labeled safety binder in each area / closet in which they are stored. 8.5 Contractor’s staff shall comply with all safety requirements and don all personal protective equipment as called out by the instructions on the chemical labels.
EXHIBIT A Page 16 of 18 Specification No. S-2024-646BD
8.6 Copies of all MSDS sheets for each building shall be supplied to OC San at the start of the
contract as well as during the duration of the contract prior to the introduction of any additional materials.
• Failure to comply shall result in the immediate removal of said product(s) / Chemical(s) by the Contractor.
• Liquid soap shall be non-alcohol based. 9 Storage Space
OC San will assign a limited amount of secured storage space if available in buildings for the
storage of the Contractor's supplies and equipment. Contractor shall keep this space in a neat and orderly condition. Contractor shall keep electrical panels, fire extinguishers, interior access doors/ladders and water heater areas clear of materials and supplies. OC San shall not be responsible for damage or loss to the Contractor's stored supplies, equipment or personal belongings. Materials in large volumes (5 gallons or more) shall not be stored on OC San property. No flammable materials shall be brought on-site.
10 Conduct of Work 10.1 The Contractor shall prohibit its employees from disturbing papers on desks, opening desk drawers and cabinets, using telephones, radio equipment, and any other equipment provided for official OC San use. 10.2 No OC San equipment shall be unplugged without OC San’s prior approval. 10.3 Contractor shall leave doors in position found 10.4 Contractor shall knock before entering offices and conference rooms. 11 Security 11.1 Electronic identification badges will be issued to all janitorial staff by OC San. 11.2 All exiting doors are to remain closed and locked. Do not prop open exiting doors for any reason. Do not assist entry to anyone. Close and lock all exterior windows. When janitorial staff gains entrance to a locked room / office, they shall lock the room / office upon exiting. 12 Energy Conservation
Contractor shall instruct all employees performing janitorial work within the facilities to utilize energy conserving work methods, which shall maximize energy conservation such as turning off all lights when leaving a room.
13 Cleaning Quality Requirements/Expectations
13.1.1 Unsatisfactory work shall be corrected within one (1) hour to the satisfaction of OC San's Contract Manager. 13.1.2 Contractor shall respond to the work site within one (1) hour should unsatisfactory work causes an emergency condition as determined by OC San. Failure by the Contractor to comply with such requests will force OC San to use any means necessary to correct the
problem. Associated costs shall be deducted from the monthly invoice. Repeated failures to respond may be cause for the termination of the contract.
EXHIBIT A Page 17 of 18 Specification No. S-2024-646BD
13.1.3 OC San will notify Contractor of any unsatisfactory work via call, text or e-mail. Contractor shall provide telephone, Email address, and cell phone numbers for this purpose, and shall
provide a 24-hour telephone number for emergencies and shall respond within 30 minutes with a return phone call.z 14 Cleaning Schedule(s)
Contractor shall furnish OC San's Contract Manager with a routine work schedule for each location. The Contractor shall provide these schedules to OC San not later than 30 days after contract is awarded.
15 Recyclable Materials 15.1 The Contractor shall be required to deposit all recyclable paper, cans, and all other recyclables in the appropriate containers for that facility. 15.2 Contractor is responsible for keeping the dumpster area clean and orderly. 15.3 All dumpster lids and doors to dumpster enclosure (HQ) shall remain closed. 16 Minimum Staffing, Breaks and Extraordinary Services 16.1 Contractor’s staff shall take regular, pre-determined breaks (break times shall be agreed
upon by Contractor and OC San Contract Manager). 16.2 Contractor’s staff shall not take breaks in janitor closets/rooms o OC San shall notify Contractor of areas that its staff can use for breaks. Such areas are subject to change. 16.3 Contractor’s staff shall perform duties during entire shift with the exception of regularly scheduled breaks 16.4 Contractor’s staff shall not use personal communication devices during work time.z 16.5 Should a Contractor employee fail to report to work or go on vacation, the Contractor shall provide a substitute person to cover that person’s cleaning responsibilities by the
start of the second workday. 17 CURRENT EQUIPMENT Below is a list of the type of equipment in service used at the three locations.
• Tork Matic Hand Towel Roll Dispenser – with Intuition Sensor (Article 5511282) o Batteries for auto paper dispenser
• Tork Matic Advanced Matic hand towel roll 700 ft, 1 ply (Article 290089)
• Tork Foam Skincare Soap Dispenser (Article 571508)
• Tork Skincare Soap Refill (Article 401211)
• Stoko Kresto 87044 High Performance Hand Cleaner 2,000 ML Bottle Refills or equal
• Tork S4 Foam Skincare Automatic Hand Sanitizer Dispenser (Article 571600)
EXHIBIT A Page 18 of 18 Specification No. S-2024-646BD
o Batteries for battery operated Tork hand sanitizer dispensers
• Tork S4 Alcohol Foam Hand Sanitizer Refill (Article 400217)
• Stoko Refresh Foaming Instant Hand Sanitizer 1,000 ML Auto Dispenser Refills or equal
o Batteries for battery operated Stoko hand sanitizer dispensers
• American Specialties Toilet tissue/Seat cover Dispenser/Waste disposal model 0487
• American Specialties Feminine hygiene dispenser model 64684
• American Specialties Paper towel dispenser/Waste receptacle model 64696AC-6
• Sloan Soap Dispenser model ESD-2000-SF
APPENDIX A1 Specification No. S-2024-646BD
APPENDIX A1 MAPS
For Janitorial & Floor Maintenance Services
MWDOCAdministration
OCWDAdministration
Philip L. AnthonyWater QualityLaboratory
1. Microfiltration
Green AcresPlant
2. Reverse Osmosis
3. Ultraviolet Light & Hydrogen Peroxide
Primary
Clarifiers
405Fwy
Ellis Avenue
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FuentesGate
Gate 5
Gate 6
MainGate
EngineeringGate
GarfieldGate
Fuentes Vehicle/Employee Gate PedestrianGate
Euclid S
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Primary
Clarifiers
Revised: 9/24/2024
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10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 962-2411
www.ocsan.gov
Reclamation Plant No. 1
Gate
Support buildings
Process structures
Orange County Water District
Plant No. 1 perimeter
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WarehouseStorage Bldgs
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B2
Bldg 5
B7
B3
B4
BldgABldgB
Bldg 6
B8
FleetServices
Laboratory
HR Administration
Steve AndersonLift Station
6 – 15
16 – 31
ControlCenter
Contracts &Risk MgmtTrailer
F E
Engineering
Trailers
A B
Secondary
Clarifiers
Activated Sludge
Aeration Basins
Activated SludgeAeration Basins
Scrubbers
SecondaryClarifiers
27
29
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3334
32
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Solids Storage/Truck Loading
TricklingFilters21
SecondaryClarifiers21
D16
1 – 10
1 – 26
11 – 16
D15
D12
D14
D13
D8
D10
D9
D7
D6
D5
Digesters
SecurityBooth
GWRSScreeningsFacility
Central PowerGeneration
DAFTs
3
1 & 2
4
5
Barscreens
Grit Chamber
BleachStation
WastehaulerDumpStation
HeadworksPreliminaryTreatment
Scrubbers &ChemicalHandling
Metering& Diversion
CNGFuelStation
1 2 3
4 5 6
Bike
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BlowerBldg 1Blower Bldg 2
SCESubstation
Scrubbers
BatteryStorage
GAPPS
Structures being demo'd
Structures in construction
HazMtrlsStorage
EngineeringTrailer
CompostPile
Map Library\Plant Basic and Detailed Label Files\Plant Basic and Detailed Label Maps\Plant Basic and Detailed Label Maps.aprx | Projects\Maintenance\Janitorial\Janitorial.aprx
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Revised: 9/24/24
±
22212 Brookhurst Street
Huntington Beach, CA 92646
(714) 962-2411
www.ocsan.gov
Treatment Plant No. 2
Gate
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Contractor structures
Process structures
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Projects\Map Library\Plant Basic and Detailed Label Files\P2_Annotation_general_SDE39853.mxd | Projects\Maintenance\Janitorial\Janitorial.aprx
APPENDIX A2 Specification No. S-2024-646BD
APPENDIX A2
SQUARE FOOTAGE DATA
For
Janitorial & Floor Maintenance Services
Location Building Name Floor ID Floor Number Notes Adjusted SqFt Area Flooring Type Types of Flooring
HQ
HQ Headquarters P1ADMN01 First Floor Lobby 8,899 Concrete LVP - Luxury Vinyl Plank
HQ Headquarters P1ADMN01 First Floor Office 30,466 Carpet VCT - Vinyl Composition Tile
HQ Headquarters P1ADMN01 First Floor Restroom 1,467 Tile Carpet
HQ Headquarters P1ADMN01 First Floor Courtyard 9,586 Pavers Concrete
HQ Headquarters P1ADMN02 Second Floor Office 26,969 Carpet Tile
HQ Headquarters P1ADMN02 Second Floor Walkway & Lunchroom 1,985 Concrete Pavers
HQ Headquarters P1ADMN02 Second Floor Patio 745 Pavers
HQ Headquarters P1ADMN02 Second Floor Restroom 800 Tile
HQ Headquarters P1ADMN03 Third Floor Office 26,969 Carpet
HQ Headquarters P1ADMN03 Third Floor Walkway & Lunchroom 1,138 Concrete
HQ Headquarters P1ADMN03 Third Floor Restroom 800 Tile
HQ Headquarters P1ADMN03 Third Floor Patio 745 Pavers
Plant 1
Plant 1 Auto Shop (Fleet)P1AUTO01 First Floor Office & Restroom 1,080 VCT
Plant 1 Blower Building 1 P1BLWR01 First Floor Control Room & Restroom 374 VCT
Plant 1 Blower Building 2 P1BLWR201 First Floor Control Room & Restroom 777 VCT
Plant 1 Building 5 P1BLD501 First Floor Office & Lunchroom 1,619 VCT
Plant 1 Building 5 P1BLD502 Second Floor Office 1,599 VCT
Plant 1 Building 5 P1BLD502 Second Floor Restroom & Showers 1,599 VCT
Plant 1 Building 6 P1BLD602 Second Floor Office 1,922 Carpet
Plant 1 Building 6 P1BLD602 Second Floor Office & Lunchroom 4,153 VCT
Plant 1 Building 6 P1BLD602 Second Floor Restroom & Showers 1,537 Tile
Plant 1 Building 6 P1BLD601 First Floor Office 1,917 VCT
Plant 1 Building A P1BLDA01 First Floor Oiffice 3,884 LVP
Plant 1 Building B P1BLDB01 First Floor Office & Lunchroom 670 VCT
Plant 1 Central Generation P1CGEN02 Second Floor Office 1,848 VCT
Plant 1 Central Generation P1CGEN02 Second Floor Showers 443 Tile
Plant 1 Central Generation P1CGEN01 First Floor Restroom 221 Tile
Plant 1 Control Center P1CNTL02 Basement Restroom 3,057 Tile
Plant 1 Control Center P1CNTL02 First Floor Office & Restroom 8,100 VCT
Plant 1 Control Center P1CNTL02 Second Floor Office & Restroom 8,100 LVP
Plant 1 Engineering Trailer E P1ETEF01 First Floor Office 3,230 Carpet
Plant 1 Engineering Trailer E P1ETEF01 First Floor Restroom 77 VCT
Plant 1 Engineering Trailer F P1ETEF01 First Floor Office 6,402 Carpet
Plant 1 Engineering Trailer F P1ETEF01 First Floor Restroom 251 VCT
Plant 1 Lab P1LAB01 First Floor Office & Lab 9,241 VCT
Plant 1 Lab P1LAB01 First Floor Office 3,698 Carpet
Plant 1 Lab P1LAB01 First Floor Restroom & Showers 900 Tile
Plant 1 Lab P1LAB02 Second Floor Office & Lab 18,257 VCT
Plant 1 Solids Storage / Truck Loading P1SSTL02 Second Floor Office & Restroom 816 VCT
Location Building Name Floor ID Floor Number Notes Adjusted SqFt Area Flooring Type Types of Flooring
Plant 1 Thickener and Dewatering P1DEWA01 First Floor Lab & Restroom 962 VCT
Plant 1 Thickener and Dewatering P1DEWA02 Mezzanine Office 1,737 VCT
Plant 1 Warehouse P1PUWA01 First Floor Office 4,077 Carpet
Plant 1 Warehouse P1PUWA01 First Floor Restroom 260 VCT
Plant 1 DAFTs P1DAFT01 First Floor Office & Restroom 1,976 VCT
Plant 2 Primary Clarifiers 6-31 Restroom Restroom 100 VCT
Plant 1 Cart Barn 19ESTRC007 First Floor Blowing Only 3,476 Concrete
PLANT 2
Plant 2 Central Power Generation Building P2CGEN01 First Floor Lunchroom 679 VCT
Plant 2 Central Power Generation Building P2CGEN01 First Floor Mechanics Office 833 Concrete
Plant 2 Central Power Generation Building P2CGEN02 Second Floor Power Plant Operators Office 793 VCT
Plant 2 Central Power Generation Building P2CGEN02 Second Floor Restroom & Showers 1,086 Tile
Plant 2 Centrifuge Building P2CENT02 Second Floor Control Room & Restroom 1,032 VCT
Plant 2 Construction Management Trailer 1 First Floor Office 5,480 Carpet
Plant 2 Construction Management Trailer 1 First Floor Kitchen & Restroom 978 VCT
Plant 2 Construction Management Trailer 2P2CMT201 First Floor Office 2,155 Carpet
Plant 2 Construction Management Trailer 3P2CMT301 First Floor Office 1,886 Carpet
Plant 2 Construction Management Trailer 3P2CMT301 First Floor Restroom 267 VCT
Plant 2 Construction Management Trailer 4P2CMTC01 First Floor Office 1,455 LVP
Plant 2 Construction Management Trailer 5P2HCTC01 First Floor Office 2,439 Carpet
Plant 2 Construction Management Trailer 5P2HCTC01 First Floor Kitchen & Restroom 376 VCT
Plant 2 DAFT ABC Gallery P2DAFT01 First Floor Office & Restroom 230 VCT
Plant 2 Distribution Center B P2DSTB01 First Floor 58 VCT
Plant 2 Distribution Center H P2DSTH01 First Floor Restroom 58 VCT
Plant 2 Distribution Center J P2DSTJ01 First Floor Lab & Restroom 648 VCT
Plant 2 Maintenance Building P2MAIN01 First Floor Office 4,040 VCT
Plant 2 Maintenance Building P2MAIN02 Second Floor Office 10,098 VCT
Plant 2 Maintenance Building P2MAIN02 Second Floor Restroom & Showers 2,886 Tile
Plant 2 Operations/Control Center P2OPER01 First Floor Office 10,587 VCT
Plant 2 Operations/Control Center P2OPER01 First Floor Restroom 346 Tile
Plant 2 Operations/Control Center P2OPERBA Basement Office 2,304 VCT
Plant 2 Operations/Control Center P2OPERBA Basement Restroom & Showers 2,933 Tile
Plant 2 Truck Loading P2SSTL02 Second Floor Office & Restroom 2,170 VCT
Plant 2 East RAS Pump Station P2ERAS01 First Floor Office & Restroom 765 VCT
Plant 2 West RAS Pump Station P2WRAS01 First Floor Office 614 VCT
Plant 2 Cart Barn 29ESTRC055 First Floor Blowing only 4,904 Concrete
271,027
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2023-3186 Agenda Date:2/26/2025 Agenda Item No:3.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a project budget increase of $26,000,000 for Bay Bridge Pump Station Replacement,
Project No. 5-67, for a new total budget of $172,000,000;
B. Receive and file Bid Tabulation and Recommendation for Bay Bridge Pump Station
Replacement, Project No. 5-67;
C. Award a Construction Contract Agreement to J.F. Shea Construction, Inc. for Bay Bridge Pump
Station Replacement, Project No. 5-67, for a total amount not to exceed $87,321,000; and
D. Approve a contingency of $8,732,100 (10%).
BACKGROUND
The Bay Bridge Pump Station and associated force mains were constructed in 1966 on East Coast
Highway just east of the Lower Newport Bay Channel.The pump station and force mains are critical
to the Orange County Sanitation District’s (OC San)infrastructure as it conveys over half of Newport
Beach’s wastewater.The pump station is almost 60 years old and at the end of its useful life.The
existing force mains were previously lined,are at the end of their useful life,and need to be replaced
with a larger size to improve reliability.The force mains will be constructed under the Lower Newport
Bay Channel via microtunneling.It is imperative that the facility and force mains be upgraded to
ensure continuous service.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8,award construction contract to
lowest responsive, responsible bidder
·Operate and maintain facilities to minimize impacts on surrounding communities,including
odor, noise, and lighting
·Achieve less than 2.1 sewer spills per 100 miles
Orange County Sanitation District Printed on 2/18/2025Page 1 of 4
powered by Legistar™
File #:2023-3186 Agenda Date:2/26/2025 Agenda Item No:3.
PROBLEM
The pump station and force mains need to be replaced,and the project budget is insufficient to
award a construction contract agreement.
PROPOSED SOLUTION
Increase the project budget and award a construction contract agreement for Bay Bridge Pump
Station Replacement, Project No. 5-67.
TIMING CONCERNS
The pump station and force mains are at the end of their useful life and may require emergency or
urgent repairs if construction is delayed.
RAMIFICATIONS OF NOT TAKING ACTION
The reliability of the system will remain compromised until the pump station and force mains are
replaced.There is a risk that the pump station and force mains could fail,potentially causing sewage
to spill into the Lower Newport Bay Channel.
PRIOR COMMITTEE/BOARD ACTIONS
August 2024 -Approved a Utility Permit Agreement with the County of Orange for installing force
mains under the Lower Newport Bay Channel for the Bay Bridge Pump Station Replacement,Project
No.5-67;and approved a one-time payment of $5,000 to the County of Orange for fees associated
with the Utility Permit Agreement.
August 2024 -Approved a Project Specific Maintenance Agreement with the California Department of
Transportation (Caltrans)for the construction and maintenance of force mains,drainage pipes,
retaining wall,sidewalk,curb and gutter hardscape,and landscaping within the Caltrans right-of-way
for the Bay Bridge Pump Station Replacement, Project No. 5-67.
September 2023 -Approved a License Agreement with the City of Newport Beach for construction
staging area for the Bay Bridge Pump Station and Force Mains Replacement, Project No. 5-67.
July 2023 -Considered,received,and certified the Addendum to the Environmental Impact Report for
the Bay Bridge Pump Station and Force Mains Replacement Project No.5-67,dated July 2023;and
adopted Resolution No.OC SAN 23-13 entitled,“A Resolution of the Orange County Sanitation
District Board of Directors receiving and filing the Addendum to the Environmental Impact Report for
the Bay Bridge Pump Station and Force Mains Replacement Project No.5-67 and approved the
Modified Project”.
February 2021 -Considered,received,and certified the Environmental Impact Report for the Bay
Bridge Pump Station and Force Mains Replacement Project,Project No.5-67,dated January 2021;
and adopted Resolution No.OC SAN 21-03,entitled:“A Resolution of the Board of Directors of the
Orange County Sanitation District Certifying the Environmental Impact Report for the Bay Bridge
Pump Station and Force Mains Replacement Project,Project No.5-67;Adopting the Mitigation
Monitoring Program;and Approving the Bay Bridge Pump Station and Force Mains ReplacementOrange County Sanitation District Printed on 2/18/2025Page 2 of 4
powered by Legistar™
File #:2023-3186 Agenda Date:2/26/2025 Agenda Item No:3.
Monitoring Program;and Approving the Bay Bridge Pump Station and Force Mains Replacement
Project, Project No. 5-67”.
ADDITIONAL INFORMATION
OC San concluded property negotiations for the Bridge Pump Station in September 2024.On
October 8,2024,a final judgement in condemnation was issued.OC San paid a $27,500,000 lump
sum settlement for the property,utilizing funds previously allocated for the construction contract
agreement.
OC San advertised Project No.5-67 for bids on September 30,2024,and two sealed bids were
received on January 24, 2025. A summary of the bid opening follows:
Engineer’s Estimate $ 94,750,000
Bidder Amount of Bid
J.F. Shea Construction, Inc.$ 87,321,000
Hensel Phelps Construction Co.$ 88,457,581
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
all bidders on February 6,2025,informing them of the intent of OC San staff to recommend award of
the Construction Contract Agreement to J.F. Shea Construction, Inc.
Staff recommends awarding a Construction Contract Agreement to the lowest responsive and
responsible bidder, J.F. Shea Construction, Inc., for a total amount not to exceed $87,321,000.
Staff requests a 10%contingency for this project due to the challenging nature of the work with deep
excavations,microtunneling under the Lower Newport Bay Channel,congested work site with tight
restrictions,and the need to keep the existing pump station operating and accessible during
construction.
CEQA
OC San,as lead agency,prepared a Final Program Environmental Impact Report ("EIR")for the Bay
Bridge Pump Station and Force Mains Replacement Project,Project No.5-67,dated May 2018.OC
San ultimately certified the EIR for the Project on February 24,2021.In response to a court ruling,
the project was modified,and the impacts of those modifications were analyzed in an Addendum to
the EIR.OC San received and filed the Addendum,and approved the modified project,on July 26,
2023. (Public Resources Code Section 21166; CEQA Guidelines Section 15162, 15164.)
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget FY 2024-25 and 2025-26,Section 8,Page 27,Bay Bridge Pump Station
Replacement,Project No.5-67).This item will increase the project budget and will be funded from
the CIP budget.
Orange County Sanitation District Printed on 2/18/2025Page 3 of 4
powered by Legistar™
File #:2023-3186 Agenda Date:2/26/2025 Agenda Item No:3.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract Agreement
·Presentation
CM:lb
Orange County Sanitation District Printed on 2/18/2025Page 4 of 4
powered by Legistar™
C-CA-101424
PART A
CONTRACT AGREEMENT
C-CA-101424
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL ................................................................................. 1 SECTION – 2 MATERIALS AND LABOR ........................................................ 4 SECTION – 3 PROJECT ................................................................................. 5 SECTION – 4 PLANS AND SPECIFICATIONS ............................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .................. 5
SECTION – 6 TIME IS OF THE ESSENCE ..................................................... 5 SECTION – 7 EXCUSABLE DELAYS ............................................................. 6 SECTION – 8 EXTRA WORK .......................................................................... 6 SECTION – 9 CHANGES IN PROJECT .......................................................... 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY .................................... 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ................. 8 SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ........................................................ 10 SECTION – 13 COMPLETION ........................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION .............. 10
SECTION – 15 SURETY BONDS ................................................................... 12 SECTION – 16 INSURANCE ........................................................................... 13 SECTION – 17 RISK AND INDEMNIFICATION .............................................. 24 SECTION – 18 TERMINATION ....................................................................... 24
SECTION – 19 WARRANTY ........................................................................... 25
SECTION – 20 ASSIGNMENT ........................................................................ 26 SECTION – 21 RESOLUTION OF DISPUTES ................................................ 26 SECTION – 22 SAFETY & HEALTH ............................................................... 26 SECTION – 23 CALIFORNIA VOLUNTARY PROTECTION PROGRAM
ANNUAL REPORTING REQUIREMENT................................ 26
SECTION – 24 NOTICES ................................................................................ 27
CONFORMED C-CA-101424 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 1 of 28
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. 5-67
BAY BRIDGE PUMP STATION REPLACEMENT
This CONTRACT AGREEMENT (Contract Agreement) is made and entered into, to be
effective, this February 26, 2025, by and between J.F. Shea Construction, Inc., hereinafter
referred to as “CONTRACTOR” and the Orange County Sanitation District, hereinafter referred
to as “OC SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OC SAN. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
C-CA-101424 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 2 of 28
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions, “Definitions”.
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
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a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OC SAN’s
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ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions,
“Definitions”. Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OC SAN, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OC SAN may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OC SAN may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from
any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be
entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited
to administrative and legal fees.
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SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. 5-67
BAY BRIDGE PUMP STATION REPLACEMENT
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. 5-67
BAY BRIDGE PUMP STATION REPLACEMENT
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within one thousand six hundred thirty-eight (1,638)
calendar days from the date of the “Notice to Proceed” issued by OC SAN, excluding delays
caused or authorized by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable
provisions in the General Conditions. The time for completion includes sixty (60) calendar days
determined by OC SAN likely to be inclement weather when CONTRACTOR will be unable to
work.
In addition, CONTRACTOR shall accomplish such milestones within the periods of performance
set forth in Appendix A of the Special Provisions entitled “Work Completion Schedule.”
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
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conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OC SAN, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OC SAN shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OC SAN’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OC SAN specifying the exact nature of the Extra Work and the amount of
extra compensation to be paid all as more particularly set forth in Section 9 hereof and the
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General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER
Initiated Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OC SAN pursuant to the Contract Documents,
OC SAN shall extend the time fixed in Section 5 for completion of the Project by the number of
days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined
by OC SAN’s ENGINEER. The decision of the ENGINEER shall be final.
SECTION – 9 CHANGES IN PROJECT
OC SAN may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OC SAN-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
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.”
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SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OC SAN agrees to pay and the CONTRACTOR agrees to accept as full consideration for
the faithful performance of this Contract, subject to any additions or deductions as
provided in approved Change Orders, the sum of Eighty-Seven Million Three Hundred
Twenty-One Thousand Dollars ($87,321,000) as itemized on the attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements, and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OC SAN shall issue at
the commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
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releases as required by the Contract; Exhibit A, Schedule of Prices; and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OC SAN’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OC SAN;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OC SAN since the
commencement of the Work as determined by OC SAN;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OC SAN to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be determined
as provided in the General Conditions, “Retained Funds; Substitution of Securities.”
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SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions, “Retained Funds; Substitution
of Securities.”
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment”; and Exhibit A,
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. General Prevailing Rate:
OC SAN has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OC SAN. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OC SAN will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
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B. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OC SAN, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
C. 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.
D. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OC SAN as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
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E. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OC SAN’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OC SAN. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
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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 OC SAN, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OC SAN pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OC SAN by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
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Changes”, the following insurance in amounts not less than the amounts specified. OC SAN
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OC SAN premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”). The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OC SAN herein, the
requirement(s) providing the more protective coverage for both OC SAN and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or
employees performing Work or rendering services on behalf of OC SAN in connection with the
planning, development and construction of the Project. In all its insurance coverages (except for
Professional Liability/Errors and Omissions coverages, if applicable) related to the Work,
CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of
recovery by subrogation against OC SAN, its or their officers, agents, or employees performing
Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require
similar written express waivers and insurance clauses from each of its Subcontractors of every
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tier. A waiver of subrogation shall be effective as to any individual or entity, even if such
individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise,
(b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such
individual or entity has an insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Ten Million Dollars ($10,000,000) per occurrence and a general
aggregate limit of Ten Million Dollars ($10,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Ten Million Dollars
($10,000,000) per occurrence and a general aggregate limit of Ten Million
Dollars ($10,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
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.
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e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OC SAN or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the general liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the general liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of automobile
liability insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limit of
liability coverage: combined single limit of Two Million Dollars ($2,000,000) for bodily
injury, personal injury, and property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
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which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OC SAN.
5. Workers’ Compensation/Employer’s Liability: CONTRACTOR shall provide such
workers’ compensation insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
6. Course of Construction: OC SAN, as provided in the IFB Documents, has elected to
require CONTRACTOR to provide course of construction, earthquake and flood
insurance coverages covering all risks of loss, less policy exclusions.
CONTRACTOR agrees that it shall, at all times during the term of this Contract,
maintain such course of construction insurance in the amount of Eighty-Seven Million
Three Hundred Twenty-One Thousand Dollars ($87,321,000), with no coinsurance
penalty provisions. Earthquake insurance shall be maintained in the amount of Five
Million Dollars ($5,000,000) and shall have a maximum deductible/self-insured
retention amount of five percent (5%) per unit of insurance (real, personal property
and time element), of the value of the Project completed to date. Flood insurance
shall be maintained in the amount of Five Million Dollars ($5,000,000) and shall have
a maximum deductible/self-insured retention of five percent (5%) of the Eighty-Seven
Million Three Hundred Twenty-One Thousand Dollars ($87,321,000) for Flood Zones
A and V, and ten percent (10%) of the Eighty-Seven Million Three Hundred Twenty-
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One Thousand Dollars ($87,321,000) for all other Zones. All coverages shall remain
in effect for the duration of the Contract and until the Project is accepted by OC SAN.
CONTRACTOR agrees that it shall provide, upon execution of this Contract, a
certificate of insurance showing that CONTRACTOR has obtained, for the period of
the Contract duration, course of construction insurance, earthquake and flood
coverages to indemnify OC SAN for any damage to the Work.
Builder’s All Risk – Installation Floater. The builder’s all risk course of construction
policy shall include “installation of equipment” coverage in the amount of Eighty-
Seven Million Three Hundred Twenty-One Thousand Dollars ($87,321,000) for
property on- and off-site during the Contract period.
7. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least Five Million
Dollars ($5,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants,
contaminants or pollutants.
If CONTRACTOR provides coverage written on a claims-made basis, OC SAN has
the right to approve or reject such coverage in its own discretion. If written on a
claims-made basis, the CONTRACTOR warrants that any retroactive date applicable
to coverage under the policy precedes the effective date of this Contract, and that
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continuous coverage will be maintained, or an extended discovery period will be
exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
8. Errors and Omissions/Professional Liability Insurance: CONTRACTOR shall
maintain in full force and effect, throughout the term of this Contract, standard
industry form professional liability / errors and omissions insurance coverage with
coverage limits of not less than Five Million Dollars ($5,000,000) in accordance with
the provisions of this paragraph. If the policy of insurance is written on a “claims
made” basis, said policy shall be continued in full force and effect at all times during
the term of this Contract, and for a period of five (5) years from the date of the
completion of the Work hereunder.
In the event of termination of said policy during this period, CONTRACTOR shall obtain
continuing insurance coverage for the prior acts or omissions of CONTRACTOR during
the course of performing Work under the terms of this Contract. Said coverage shall be
evidenced by either a new policy evidencing no gap in coverage or by separate
extended “tail” coverage with the present or new carrier.
In the event the present policy of insurance is written on an “occurrence” basis, said
policy shall be continued in full force and effect during the term of this Contract or
until completion of the Work provided for in this Contract, whichever is later. In the
event of termination of said policy during this period, new coverage shall be obtained
for the required period to insure for the prior acts or omissions of CONTRACTOR
during the course of performing Work under the terms of this Contract.
CONTRACTOR shall provide to the OC SAN a certificate of insurance in a form
acceptable to the OC SAN indicating the deductible or self-retention amounts and
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the expiration date of said policy and shall provide renewal certificates not less than
ten (10) days prior to the expiration of each policy term.
B. Self-Insured Retentions
Any self-insured retentions must be declared to and approved by OC SAN. At the option of
OC SAN, either: the Insurer shall reduce or eliminate such self-insured retentions as
respects OC SAN, its Directors, officers, agents, consultants, and employees; or
CONTRACTOR shall provide a financial guarantee satisfactory to OC SAN guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
C. Other Insurance Provisions
1. Each such policy of general liability insurance and automobile liability insurance shall
be endorsed to contain, the following provisions:
a. OC SAN, its directors, officers, agents, consultants, and employees, and all
public agencies from whom permits will be obtained, and their directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OC SAN in connection with this
Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OC SAN shall be excess
only and not contributing with insurance provided under this policy.
2. Cancellation and Policy Change Notice.
The CONTRACTOR is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or acquisition
of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in
CONFORMED C-CA-101424 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 21 of 28
writing of any material change in the terms of insurance, including reduction in
coverage or increase in deductible/SIR, within two (2) working days of receipt of such
notice or knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
18480 Bandilier Circle
Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
general liability insurance and automobile liability insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
consultants, and employees, to be additional insureds.
5. Course of construction policies shall contain the following provisions:
a. Named Insured by evidence of certification. Certification must include all
parties involved, limits and deductibles.
b. The insurer shall waive all rights of subrogation against OC SAN.
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.
OC SAN recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OC SAN’s option, at any time during the term of this Contract, to
C-CA-101424 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 22 of 28
require a change in insurer upon twenty (20) days written notice. Further, OC SAN will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OC SAN or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OC SAN with original certificates and mandatory
endorsements affecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements are to be received and
approved by OC SAN before Work commences. OC SAN reserves the right to require
complete, certified copies of all required insurance policies, including endorsements,
affecting the coverage required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OC SAN and any public agency issuing permits for the Project must be named
as “Additional Insured” on any general liability or automobile liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ certificate of liability and mandatory endorsements effecting coverage.
Upon request, CONTRACTOR must furnish OC SAN with the above referenced required
documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability ACORD Form 25 or other equivalent certificate of insurance form
CONFORMED C-CA-101424 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 23 of 28
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 00 01
b. Additional Insured Including Form CG 20 10 and
Products-Completed Operations Form CG 20 37 All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN. c. Waiver of Transfer of Rights of Form CG 24 04
Recovery Against Others to Us/ Waiver of Subrogation
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Submit workers’ compensation
waiver of subrogation endorsement provided by carrier for OC SAN approval.
b. Cancellation Notice No endorsement is required. However, CONTRACTOR is
responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article C.2., Cancellation and Policy Change Notice, above. 4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement 5. Course of Construction Required Forms (if required)
a. Name Insured Evidence Only Certificate
C-CA-101424 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 24 of 28
6. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
OC SAN, its directors, officers, agents, consultants and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 or alternatively in both
CG 20 10 and CG 20 37 together.
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OC SAN and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OC SAN in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Contract Agreement,
or it may be terminated by OC SAN for its convenience provided that such termination is
effectuated in a manner and upon such conditions set forth more particularly in General
Conditions, “Termination for Default” and/or “Termination for Convenience”, provided that no
termination may be effected unless proper notice is provided to CONTRACTOR at the time and
in the manner provided in said General Conditions. If termination for default or convenience is
effected by OC SAN, an equitable adjustment in the price provided for in this Contract shall be
CONFORMED C-CA-101424 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 25 of 28
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OC SAN’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OC SAN shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OC SAN may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OC SAN of the corrected Work. The Performance Bond
and the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR
for faulty materials, equipment or Work.
C-CA-101424 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 26 of 28
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OC SAN unless such assignment has had prior
written approval and consent of OC SAN and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OC SAN, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards. OC SAN reserves the right
to stop Work for violations of safety and health standards until the hazardous conditions are
corrected. The right to stop Work includes the right to remove a contractor or its employees
from the worksite.
SECTION – 23 CALIFORNIA VOLUNTARY PROTECTION PROGRAM ANNUAL REPORTING REQUIREMENT
If CONTRACTOR will potentially work 1,000 combined hours in a quarter, for the term of the
Contract Agreement, CONTRACTOR shall provide an annual report detailing its safety and
health information, including, but not limited to, its total number of employees, work hours,
number of injuries and illnesses, and number of injury and illness cases involving days away
from work, restricted work activity and/or job transfer. CONTRACTOR shall furnish this report to
OC SAN no later than January 20th each calendar year. Failure to provide this data by the
CONFORMED C-CA-101424 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 27 of 28
required due date may result in suspension of CONTRACTOR’s services with OC SAN. Any
delay arising out of or resulting from such suspension shall be CONTRACTOR’s sole
responsibility and considered CONTRACTOR caused delay, which shall not be compensable by
OC SAN.
SECTION – 24 NOTICES
Any notice required or permitted under this Contract shall be served by personal delivery or by
certified mail, return receipt requested, at the address set forth below. Unless specified
elsewhere in the Contract Documents or otherwise required by law, any notice may alternatively
be given by electronic telecommunication to the email address set forth below. Any party
whose address changes shall notify the other party in writing.
TO OC SAN: Orange County Sanitation District
18480 Bandilier Circle Fountain Valley, California 92708 Attn: Clerk of the Board
ocsanclerk@ocsan.gov
Copy to: Orange County Sanitation District
18480 Bandilier Circle Fountain Valley, California 92708 Attn: Construction Manager
rcuellar@ocsan.gov Scott C. Smith Best Best & Krieger LLP 18101 Von Karman Avenue, Suite 1000 Irvine, California 92612 scott.smith@bbklaw.com
TO CONTRACTOR: Roy A. Valadez, Assistant Secretary J.F. Shea Construction, Inc. 667 Brea Canyon Road, Suite 30
Walnut, CA 91789 roy.valadez@jfshea.com estimating-water@jfshea.com
C-CA-101424 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 28 of 28
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: J.F. Shea Construction, Inc.
667 Brea Canyon Road, Suite 30
Walnut, CA 91789
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 769989 (Expiration Date – 10/31/2025)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________
Ryan P. Gallagher Board Chairman
By______________________________ Date _________________ Kelly A. Lore
Clerk of the Board
By______________________________ Date _________________ Kevin Work
Purchasing & Contracts Manager
C-EXA-062221
EXHIBIT A
SCHEDULE OF PRICES
C-EXA-062221
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ............................................................................. 1
EXA-2 PROGRESS PAYMENTS .................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ........................................................ 1
EXA-4 STOP PAYMENT NOTICE ................................................................................. 3
EXA-5 PAYMENT TO SUBCONTRACTORS ................................................................ 3
EXA-6 PAYMENT OF TAXES ....................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................... 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT ... 6
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES ................................................................... 8
CONFORMED C-EXA-062221 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT 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 – “OC SAN’s Right to Withhold Certain Amounts and Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
C-EXA-062221 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT 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 OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to
OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
CONFORMED C-EXA-062221 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 3 of 8
The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as
required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
C-EXA-062221 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT 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 authorization by the General Manager of the final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an
application for Final Payment to OC SAN, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory to OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN’s review of the
application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OC SAN will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OC SAN, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the
CONFORMED C-EXA-062221 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 5 of 8
changes, and shall submit the revised application for Final Payment. Upon acceptance by OC SAN, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after the date of recordation of the Notice of Completion by OC SAN, and agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed
release, satisfactory in form and substance to OC SAN, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN as of the date of the
certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OC SAN may make Final Payment subject to resolution of those claims. OC SAN may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of
the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled Stop Payment Notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
C-EXA-062221 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 6 of 8
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OC SAN’s acceptance of the application for Final Payment
and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OC SAN also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
CONFORMED C-EXA-062221 PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT 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 OC SAN in accordance with the Contract.
I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OC SAN a false claim for payment or approval.
A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OC SAN may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor’s
performance. _________________________________________
Name _________________________________________
Title _________________________________________
Date
C-EXA-062221 CONFORMED PROJECT NO. 5-67 BAY BRIDGE PUMP STATION REPLACEMENT Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (J.F. Shea Construction, Inc.) BF-14 Schedule of Prices, Pages 1-4
11,800,000
11,000,000
57,771,000
100 300,000
87,321,000
2/18/2025
1
Bay Bridge Pump Station
Replacement, Project No. 5-67
Presented by Mike Dorman,
Director of Engineering
Steering Committee
February 26, 2025
Construction Contract Award
2
Project
Location:
City of
Newport
Beach
Bay Bridge
Pump Station
and force mains
OC San
Plant No. 2
OC San Pump Stations
in Newport Beach
City Boundary (approx.)
1
2
2/18/2025
2
3
Project Overview
Replace existing
Bay Bridge
Pump Station
Replace dual
force mains
East Coast Hwy
Construction staging area
(Lower Castaways Park)
Property
acquisition
4
Bay Bridge Pump Station
•Constructed in 1966
•Average flow: 4 million gallons per day
•Peak flow: 18 million gallons per day
•Handles 50% of the City’s flow
Odor Control
Pump Station
Standby Generator
Access
The Bay Bridge Pump Station and force mains are critical to ensure the continuous collection,
treatment, and recycling of the wastewater flow from the City of Newport Beach.
3
4
2/18/2025
3
5
Reasons for Project
Mechanical Equipment at End of Life
Electrical Equipment at End of Life2021 Emergency Repairs
•Moderate to severe concrete corrosion
•Aging equipment
•Space constraints
•Access from East Coast Hwy poses safety concerns
6
New Pump Station Design
Construction:
Winter 2024
(4.5 years)
Odor Control
Generator Room
Electrical Room
Access Road to Bayside Drive
Pump Station (Below Grade)Wet Well(Below Grade)
5
6
2/18/2025
4
7
Microtunneling Section
Sea Level (Varies)From
Pump Station
To Existing
Force Mains
Receiving Shaft
56’ Deep
Launching Shaft
52’ Deep
Lower Newport Bay Channel
Microtunneling is a trenchless construction method
used to install pipelines beneath waterways.
30’Dual Force Mains in Casing
Construction Period: ~1 year
Existing Dual
Force Mains
New Dual
Force Mains
20’
8
Pump Station Site
7
8
2/18/2025
5
9
Pump Station Site
10
Pump
Station
Section Wet Well
Electrical
Room
35.5’
Pump
(5 total)
Grade
23’
Pump
Room
9
10
2/18/2025
6
11
Pump Station Section
Pump
(typical)
Discharge
Piping
4-foot working
clearance
12
Construction Access
Temporary Road Easement
Temporary Construction Easements
(24 months)
New Pump
Station
Primary Site Access
Secondary
Access
Existing Pump
Station
Temporary Construction Easements
(42 months)
11
12
2/18/2025
7
13
Construction Schedule
14
Bid
Results
AmountBidder
$ 87,321,000JF Shea Construction, Inc.
$ 88,457,581Hensel Phelps Construction Co.
$ 94,750,000*Engineer’s Estimate
* The estimator provided a cost range of $88M to $102M due to the
project’s complexity and major change to the construction staging area.
13
14
2/18/2025
8
15
Recommendation
Recommend to the Board of Directors to:
A. Approve a project budget increase of $26,000,000 for Bay Bridge Pump Station
Replacement, Project No. 5-67, for a new total budget of $172,000,000;
B. Receive and file Bid Tabulation and Recommendation for Bay Bridge Pump
Station Replacement, Project No. 5-67;
C. Award a Construction Contract Agreement to J.F. Shea Construction, Inc. for Bay
Bridge Pump Station Replacement, Project No. 5-67, for a total amount not to
exceed $87,321,000; and
D. Approve a contingency of $8,732,100 (10%).
Questions?
16
15
16
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2023-3187 Agenda Date:2/26/2025 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Arcadis U.S., Inc. to provide
construction support services for Bay Bridge Pump Station Replacement, Project No. 5-67, for
a total amount not to exceed $12,143,580; and
B. Approve a contingency of $1,214,358 (10%).
BACKGROUND
Arcadis U.S.,Inc.was selected as part of a competitive,qualifications-based solicitation process to
design Bay Bridge Pump Station Replacement,Project No.5-67.At the time of the solicitation,the
Orange County Sanitation District (OC San)documented its intent to approve a subsequent
agreement to the design consultant for the continuation of engineering services during construction.
The Bay Bridge Pump Station and associated force mains were constructed in 1966 on East Coast
Highway just east of the Lower Newport Bay Channel.The pump station and force mains are critical
to OC San’s infrastructure as it conveys over half of Newport Beach’s wastewater.The pump station
is almost 60 years old and at the end of its useful life.The existing force mains were previously lined,
are at the end of their useful life,and need to be replaced with a larger size for improved reliability.
The force mains will be constructed under Lower Newport Bay Channel via microtunneling.It is
imperative that the facility and force mains be upgraded to ensure continuous service.
RELEVANT STANDARDS
·Comply with California Government Code Section 4526 to engage the best qualified firm “on
the basis of demonstrated competence and qualifications”and “negotiate fair and reasonable
fees”
·Operate and maintain facilities to minimize impacts on surrounding communities,including
odor, noise, and lighting
·Achieve less than 2.1 sewer spills per 100 miles
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File #:2023-3187 Agenda Date:2/26/2025 Agenda Item No:4.
PROBLEM
This project requires the design consultant to provide as-needed services during construction
including submittal review,responding to the Contractor’s requests for information,reviewing
construction change orders,participating in meetings,attending site visits,and preparing record
drawings.This project also requires the design consultant to provide full-time microtunneling
observation and additional specialty services during the microtunneling portion of the work.
PROPOSED SOLUTION
Approve a Professional Construction Services Agreement with the design consultant,Arcadis U.S.,
Inc., to provide engineering support services during construction.
TIMING CONCERNS
Engineering support services will be required at the start of construction.Construction is anticipated
to start in March 2025.
RAMIFICATIONS OF NOT TAKING ACTION
The engineering support services needed to facilitate and review construction activities would not be
available by the Engineer of Record, which may negatively impact the contract execution.
PRIOR COMMITTEE/BOARD ACTIONS
September 2020 -Approved a contingency increase of $1,784,250 (25%)to the Professional Design
Services Agreement with Arcadis U.S.,for Bay Bridge Pump Station Replacement,Project No.5-67,
for a total contingency of $2,497,950 (35%).
October 2017 -Approved a Professional Design Services Agreement with Arcadis U.S.,Inc.to
provide engineering design services for the Bay Bridge Pump Station and Force Main Replacement,
Project No.5-67,for an amount not to exceed $7,137,000 and approved a contingency of $713,700
(10%).
ADDITIONAL INFORMATION
Arcadis U.S.,Inc.has successfully furnished engineering services for the design of this project and
their support services during construction will provide continuity through the completion of the project.
Staff negotiated with Arcadis U.S.,Inc for these support services in accordance with OC San’s
adopted policies and procedures.A review of the proposed price was conducted using estimated
quantities of requests for information,submittals,meetings,site visits,change order reviews,and
design revisions,as well as the level of effort for preparing record drawings.Specialty services for
microtunneling were evaluated based on construction,permitting,and regulatory requirements.
Based on this review,staff determined the negotiated fee to be fair and reasonable for these
services.Staff is requesting a 10 percent contingency in case unanticipated professional services
are needed during construction.
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File #:2023-3187 Agenda Date:2/26/2025 Agenda Item No:4.
CEQA
OC San,as lead agency,prepared a Final Program Environmental Impact Report ("EIR")for the Bay
Bridge Pump Station and Force Mains Replacement Project,Project No.5-67,dated May 2018.OC
San ultimately certified the EIR for the Project on February 24,2021.In response to a court ruling,
the project was modified,and the impacts of those modifications were analyzed in an Addendum to
the EIR.OC San received and filed the Addendum,and approved the modified project,on July 26,
2023. (Public Resources Code Section 21166; CEQA Guidelines Section 15162, 15164.)
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget FY 2024-25 and 2025-26,Section 8,Page 27,Bay Bridge Pump Station
Replacement,Project No.5-67).This item will increase the project budget and will be funded from
the CIP budget.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Construction Services Agreement
·Presentation
CM:lb
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PCSA PROJECT NO. 5-67
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PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
This PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the 26th day of February,
2025 by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC SAN"), and ARCADIS U.S., INC., (hereinafter referred to as "CONSULTANT").
WITNESSETH:
WHEREAS, OC SAN desires to engage CONSULTANT to provide construction support services for BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67 (Construction Support Services); and WHEREAS, CONSULTANT is qualified to provide the necessary services for the Construction Support Services in connection with these requirements; and WHEREAS, OC SAN has adopted procedures in accordance with OC SAN’s current
Purchasing Ordinance, Section 4.03(B), for the continuation of services and has proceeded in accordance with said procedures to perform the Construction Support Services; and
WHEREAS, at its regular meeting on February 26, 2025 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to OC SAN’s current Purchasing Ordinance to approve this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its subconsultants (Subconsultants). Where approval by OC SAN is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness.
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C. In the event that work is not performed to the satisfaction of OC SAN and does not conform to the requirements of this Agreement or any applicable industry
standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project
Engineer/Project Manager. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions.
D. All CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using OC SAN standard software. Conversion of CADD work from any other non-standard CADD format to
OC SAN format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of 30 calendar days during which OC SAN shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to OC SAN. E. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of OC SAN, its agents and employees. Neither the documents
nor their contents shall be released to any third party without the prior written consent of OC SAN. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was
disclosed to the CONSULTANT by OC SAN, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for the Construction Support
Services in accordance with the following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed Twelve Million One
Hundred Forty-Three Thousand Five Hundred Eighty Dollars ($12,143,580.00). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, OC SAN
shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of OC SAN,
CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is charged to this project.
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C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee
Proposal. D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, OC SAN shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. OC SAN shall pay to CONSULTANT the actual costs of Subconsultant
fees and charges in an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. F. Direct Costs OC SAN shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. OC SAN shall also pay to
CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN receipts and other documentary records to support CONSULTANT’s request for
reimbursement of these amounts, see Attachment “D” – Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above.
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G. Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications to the Scope of Work resulting from field investigations and field work required by the Agreement. These items may include special equipment,
test equipment and tooling and other materials and services not previously identified. Refer to attachment “D” Allowable Direct Costs for payment information.
H. Reimbursable Direct Costs
OC SAN will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment “D” - Allowable Direct Costs to this Agreement. The reimbursement of the above-mentioned expenses will be based on an “accountable plan” as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a “per diem” component approved by IRS. The most recent schedule of the per diem rates utilized by OC SAN can be found on the U.S. General Service Administration website at
https://www.gsa.gov/travel/plan-book/per-diem-rates. The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. OC SAN shall apply the most economic and practical method of reimbursement which may include reimbursements based
upon receipts and/or “per diem” as deemed the most practical. CONSULTANT shall be responsible for returning to OC SAN any excess
reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements – Any travel involving airfare, overnight stays or
multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel.
Lodging – Overnight stays will not be approved by OC SAN for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN based on reasonableness of meeting schedules and the
amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of OC SAN.
Travel Meals – Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals.
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Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this Agreement.
I. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Proposal will exceed the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT
shall notify OC SAN immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written
consent of OC SAN’s authorized representative shall be at CONSULTANT’s own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT’s invoice and monthly progress report. Failure to notify OC SAN that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 3. REALLOCATION OF TOTAL COMPENSATION
OC SAN, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total
compensation is not increased. 4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by OC SAN. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and work performed during the period covered by the statement, as may be required by OC SAN.
Upon approval of such payment request by OC SAN, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per task basis.
If OC SAN determines that the work under this Agreement, or any specified task hereunder, is incomplete and that the amount of payment is in excess of:
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i. The amount considered by OC SAN’s Director of Engineering to be adequate for the protection of OC SAN; or
ii. The percentage of the work accomplished for each task.
OC SAN may, at the discretion of the Director of Engineering, retain an amount equal to that which ensures that the total amount paid to that date does not exceed the percentage of the completed work for each task or the project in its
entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per task basis. In the event OC SAN's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, OC SAN shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by OC SAN, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to OC SAN a release of all claims against OC SAN arising under or by virtue of this Agreement other than such
claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code Sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN for compensation under the terms of this Agreement may be held liable for treble
damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of OC SAN a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved
by OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to
OC SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
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5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will perform work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a) (3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general
public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS
A. Ownership of Documents for the Construction Support Services performed. All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Construction Support
Services, shall be the property of OC SAN. OC SAN’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. OC
SAN ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s
Construction Support Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the
CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage.
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7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies acceptable to OC SAN.
ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation
Insurance Fund, for the required policy of Workers’ Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by OC SAN or its agent. iii. Coverage shall be in effect prior to the commencement of any work under
this Agreement. B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, commercial general liability insurance written on an
occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by
submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. Said insurance shall include coverage for the following hazards: premises-operations, blanket contractual liability (for this
Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by OC SAN and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the general liability policy and coverage must be reflected on the submitted certificate of insurance. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or employees, and any other consultant, contractor, or subcontractor performing work or rendering services on behalf of
OC SAN in connection with the planning, development, and construction of the project. In all its insurance coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery
by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant, contractor, or subcontractor performing work or rendering
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services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its
Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance
premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.
C. Umbrella Excess Liability The minimum limits of general liability and automobile liability insurance required,
as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. D. Automobile/Vehicle Liability Insurance
The CONSULTANT shall maintain a policy of automobile liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability
coverage: combined single limit of One Million Dollars ($1,000,000). A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement.
E. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to OC SAN.
F. Workers’ Compensation Insurance
The CONSULTANT shall provide such workers’ compensation insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including employer’s liability insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such workers’ compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are
referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims.
G. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions
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insurance coverage in an amount of not less than Five Million Dollars ($5,000,000) with limits in accordance with the provisions of this paragraph. If
the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services
hereunder. In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this Agreement.
CONSULTANT shall provide to OC SAN a certificate of insurance in a form acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy and shall provide renewal certificates not less
than ten (10) days prior to the expiration of each policy term. H. Proof of Coverage
The CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements
shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OC SAN before work commences. OC SAN reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements, effecting the coverage required. The following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form or other equivalent certificate of
insurance form
• Additional Insurance (General Liability)
The combination of (ISO Forms)
CG 20 10 and CG 20 37 All other additional insured endorsements must
be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN.
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• Additional Insured (Automobile Liability)
Submit endorsement provided by carrier for OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for
OC SAN approval.
• Cancellation Notice No endorsement is required. However,
CONSULTANT is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article I.
Cancellation and Policy Change Notice, below.
I. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation, within two (2) working days of receipt of such notice or acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any change in the terms of insurance, including
reduction in coverage or increase in deductible/SIR, within two (2) working days of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
18480 Bandilier Circle Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division
J. Primary Insurance The general and automobile liability policies shall contain a “Primary and Non
Contributory” clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT.
K. Separation of Insured The general and automobile liability policies shall contain a “Separation of
Insureds” clause. L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property.
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M. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to OC SAN on the certificate of insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce
or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration
and defense expenses. N. Defense Costs
The general and automobile liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. O. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work.
P. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits
maintained by CONSULTANT. 8. SCOPE CHANGES In the event of a change in the Scope of Work or other terms in the Agreement, as requested by OC SAN, the parties hereto shall execute an Amendment to this Agreement setting forth with particularity all terms of the new Agreement, including, but not limited to, any additional CONSULTANT's fees. CONSULTANT hereby agrees to use any and all procedures, programs, and systems required by OC SAN to process and execute such Amendment(s), including, but not limited to, computer programs and systems.
9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to OC SAN, prior to execution of this Agreement, the
names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each
CONSULTANT’s project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per task basis, broken down as indicated in Section 2 -COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT’s project team members without prior written approval by OC SAN.
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10. ENGINEERING REGISTRATION
The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers.
11. AUDIT PROVISIONS
A. OC SAN retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants.
B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify all direct and indirect
costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a
period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and OC SAN’s policy. The CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15
days after receipt of notice from OC SAN. Upon OC SAN’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified
employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of OC SAN.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
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Notices shall be mailed to OC SAN at:
Orange County Sanitation District
18480 Bandilier Circle Fountain Valley, CA 92708 Attention: Ludwig Lapus, Principal Contracts Administrator
Copy: Cindy Murra, Project Manager Notices shall be mailed to CONSULTANT at:
Arcadis U.S., Inc. 333 South Hope Street, C200
Los Angeles, CA 90071 Attention: Hector Arias, Associate Vice President All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN’s staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT.
14. TERMINATION
OC SAN may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to OC SAN and/or CONSULTANT in accordance with Section 13 - NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN copies of all memoranda, correspondence, computation, and study materials in
its files pertaining to the work described in this Agreement, which is requested in writing by OC SAN. 16. COMPLIANCE A. Labor CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or
national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal
opportunity in employment.
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B. Air Pollution
CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations.
C. Iran Contracting Act
CONSULTANT and its subconsultants and subcontractors shall comply with the Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208).
D. California Air Resources Board Mobile Source Regulations CONSULTANT and its subconsultants and subcontractors shall comply with the following California Air Resources Board Mobile Source Regulations:
• Advanced Clean Fleet (ACF): 13 CCR 2013-2013.4; 13 CCR 2015-2015.6
• Truck & Bus Regulation (T&B): 13 CCR 2025
• Clean Truck Check (CTC): 13 CCR 2195-2199.1
• Off-Road Diesel Amendments (ORD): 13 CCR 2449-2449.2 17. AGREEMENT EXECUTION AUTHORIZATION Both OC SAN and CONSULTANT do covenant that each individual executing this
document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status.
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21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, OC SAN informs CONSULTANT that any part of the services fails to meet
those standards, CONSULTANT shall, within the time prescribed by OC SAN, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT’s sole cost and expense and with legal counsel approved by OC SAN, which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’s officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses including without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and OC SAN’s general and administrative expenses (individually, a “Claim”, or collectively, “Claims”) which may
arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or
willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence
or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from:
(A) the sole or active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’s supplier, consultant, subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder.
CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN for a breach by CONSULTANT of any of the
provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder.
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The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without
limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims.
CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations. 24. CONSULTANT PERFORMANCE
The CONSULTANT’s performance shall be evaluated by OC SAN. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together
with the comments, shall be retained by OC SAN and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time. 26. CLOSEOUT
When OC SAN determines that all work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the
Agreement, OC SAN shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement
within thirty (30) days of receipt of notice of Agreement closeout.
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Upon receipt of CONSULTANT’s submittals, OC SAN shall commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT’s cost.
CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by OC SAN.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to OC SAN (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance.
Any failure by OC SAN to reject the work or to reject the CONSULTANT’s request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of
the work by OC SAN for any purpose nor imply acceptance of, or agreement with, the CONSULTANT’s request for final Agreement Acceptance. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
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IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN and CONSULTANT by their respective duly authorized officers as of the day and year first written
above.
ARCADIS U.S., INC.
By __________________________________________________ Date
__________________________________________________ Printed Name & Title ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________ Ryan P. Gallagher Date
Board Chairman
By __________________________________________________ Kelly A. Lore Date
Clerk of the Board
By __________________________________________________ Kevin Work Date Purchasing & Contracts Manager Attachments: Attachment “A” – Scope of Work Attachment “B” – Not Used
Attachment “C” – Not Used Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Form
Attachment “F” – Not Used Attachment “G” – Not Attached Attachment “H” – Not Used
Attachment “I” – Cost Matrix and Summary Attachment “J” – Not Used Attachment “K” – Subconsultant Hourly Rate Schedule
Attachment “L” – Contractor Safety Standards
LL:ms
SCOPE OF WORK PROJECT NO. 5-67
PCSA Page 1 of 22
ATTACHMENT “A”
SCOPE OF WORK
BAY BRIDGE PUMP STATION REPLACEMENT
PROJECT NO. 5-67
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
SCOPE OF WORK PROJECT NO. 5-67
PCSA Page 2 of 22
TABLE OF CONTENTS
I. SUMMARY .......................................................................................................................... 4
II. PROJECT SCHEDULE ....................................................................................................... 4
III. PROJECT IMPLEMENTATION ........................................................................................... 4
IV. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES .................................... 4
TASK 4.1 – PROJECT MANAGEMENT ................................................................................... 5
4.1.1 – PMWeb Procedures ...................................................................................................... 6
TASK 4.2 – INITIAL PROJECT MEETINGS ............................................................................. 7
4.2.1 – Construction Hand-Off Workshop ................................................................................. 7
4.2.2 – PMWeb and Submittal Review Procedures Meeeting ................................................... 8
4.2.3 – Preconstruction Conference .......................................................................................... 8
4.2.4 – Pre-Submittal Review Meetings and Workshops ........................................................... 8
4.2.5 – Other Meetings and Workshops .................................................................................... 8
TASK 4.3 – SUBMITTAL REVIEWS ........................................................................................10
TASK 4.4 – REQUEST FOR INFORMATION ..........................................................................10
TASK 4.5 – CONTRACT DOCUMENT MODIFICATIONS, DESIGN CHANGES AND CHANGE
ORDERS .................................................................................................................................10
TASK 4.6 – CONSTRUCTION PROGRESS MEETINSG AND SITE VISITS ............................11
TASK 4.7 – PUBLIC OUTREACH ...........................................................................................11
TASK 4.8 – TRAFFIC CONTROL ............................................................................................12
TASK 4.9 - GEOTECHNICAL ..................................................................................................12
TASK 4.10 – STRUCTURAL ENGINEERING SERVICES .......................................................12
TASK 4.11 – SHORING SUPPORT .........................................................................................12
TASK 4.12 – ARCHEOLOGIST AND PALEONTOLOGIST SUPPORT ...................................12
TASK 4.13 – MICROTUNNELING FIELD ENGINEERING AND OBSERVATION SERVICES .12
4.13.1 – Microtunneling Submittal Reviews .............................................................................13
TASK 4.14 – GROUND IMPROVEMENTS FIELD ENGINEERING AND OBSERVATION
SERVICES ..............................................................................................................................14
TASK 4.15 – HYDROACOUSTIC TESTING AND FIELD SERVICES ......................................14
TASK 4.16 – MARINE WILDLIFE MONITOR ..........................................................................14
TASK 4.17 - ARCHITECTURAL ..............................................................................................14
TASK 4.18 – LANDSCAPE ARCHITECTURAL SERVICES ....................................................14
TASK 4.19 – FIRE PROTECTION SERVICES .........................................................................14
TASK 4.21 – CONSULTANT LED TRAINING .........................................................................14
V. PHASE 5 – COMMISSIONING SERVICES .........................................................................15
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TASK 5.1 – COMMISSIONING TEAM MEETINGS ..................................................................15
TASK 5.2 – FACILITY RECORDS DELIVERY SCHEDULE ....................................................15
TASK 5.3 – COMMISSIONING SUPPORT ..............................................................................17
TASK 5.4 – OPERATIONS AND MAINTENANCE MANUALS ................................................17
TASK 5.5 – STANDARD OPERATING PROCEDURES (SOPS) .............................................17
TASK 5.6 – REDLINE P&IDS AND SINGLE LINE DIAGRAMS (SLD) .....................................18
VI. PHASE 6 – CLOSEOUT .....................................................................................................18
TASK 6.1 – FINAL INSPECTION AND PUNCH LISTS ............................................................18
TASK 6.2 – RECORD DRAWINGS..........................................................................................19
6.2.1 – Additional Record Documentation ................................................................................20
TASK 6.3 – PROJECT MANAGEMENT ..................................................................................20
VII. STAFF ASSISTANCE .......................................................................................................20
VIII. QUANTITATIVE ASSUMPTIONS .................................................................................20
IX. EXHIBITS ...........................................................................................................................22
EXHIBIT 1 - OC SAN REVISED O&M MANUAL TOC .............................................................22
EXHIBIT 2 - P2-66 CH05 INFLUENT PUMP STATION (REVISED) ........................................22
EXHIBIT 3 - O&M MANUAL, EQUIPMENT CONTROLS - SHUTDOWNS AND ALARM
TABLES...................................................................................................................................22
SCOPE OF WORK PROJECT NO. 5-67
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I. SUMMARY
Provide construction engineering support services for the construction and installation, and
closeout phases of this project.
II. PROJECT SCHEDULE
The schedule for the services specified in this Scope of Work (SOW) shall be provided per the
construction contract schedule, and the following schedule constraints:
Task(s) Period of Performance
Submittals As described under Task 4.3 - Submittal Reviews
Request for Information As described under Task 4.4 - Request for Information
Record Drawings Draft Record Drawings shall be submitted to OC SAN
within 60 days of receipt from OC SAN of the approved
Contractor’s As-Built Drawings. The final Record
Drawings shall be submitted within 21 days of receipt of
OC SAN’s comments on the Draft Record Drawings.
III. PROJECT IMPLEMENTATION
All Orange County Sanitation District (OC SAN) projects are divided into six phases. The
CONSULTANT shall provide engineering support services for Phase 4 Construction and
Installation Services, and Phase 6 Closeout.
Phase 1 – Project Development – Completed
Phase 2 – Preliminary Design – Completed
Phase 3 – Final Design – Completed
Phase 4 – Construction and Installation Services
Phase 5 – Commissioning Services
Phase 6 – Closeout
IV. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
OC SAN will administer and provide field inspection for the construction contract. Construction
engineering support services shall be provided by the CONSULTANT as requested by OC SAN.
The CONSULTANT shall provide the key project personnel as described in its proposal for this
project. The CONSULTANT shall not reassign the key project personnel without prior approval
of OC SAN. OC SAN may request reassignment of any of the CONSULTANT’s or its
subconsultant’s personnel, based on poor performance.
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For all services, the CONSULTANT shall refer to the Engineering Design Guidelines, Chapter
01 for detailed requirements.
Quality Assurance/Quality Control (QA/QC): The CONSULTANT shall administer a program of
QA/QC procedures for producing quality work and shall effectively manage and control the
work. Specific procedures shall include but not be limited to planning, coordination, tracking,
checking, reviewing, and scheduling the work. The CONSULTANT shall subject all work
products prepared by the CONSULTANT to the CONSULTANT’s in-house QA/QC procedures
prior to submittal to OC SAN. QA/QC hours and costs shall be incorporated into other tasks
within this SOW.
TASK 4.1 – PROJECT MANAGEMENT
The CONSULTANT shall be responsible for detailed management of the work, including
managing its subconsultants, and shall keep OC SAN apprised of the status of the work.
The CONSULTANT shall conduct monthly project management meetings with OC SAN. These
meetings shall be attended by OC SAN’s Project Manager and the CONSULTANT’s Project
Manager at a mutually agreeable time. The purpose of the meetings shall be to review the
CONSULTANT’s Project Manager’s progress report and the status of the SOW, budget, and
any issues which may affect completion of the work. Meetings should be arranged so that the
progress report can be submitted three days before each meeting.
The CONSULTANT shall prepare and submit monthly invoices to OC SAN no later than the
second Wednesday of the following month. The invoices shall document the hours and billing
rate for each person that works on the project for each task in the work breakdown structure
(WBS). Overhead, profit, and any direct costs shall also be shown for each task. As part of the
summary section of the invoice, the CONSULTANT shall also include the following information:
Budget
Current billing period invoicing
Previous billing period “total invoiced to date”
Budget amount remaining
Current billing period “total percent invoice to date”
Current billing period “total percent completed to date”
The monthly progress report shall be submitted with the invoice as part of the monthly request
for payment. The monthly progress report shall include the following:
Work completed in the billing period
Outstanding project issues
Status and issues impacting project scope and budget
Percent complete, tabulated based on listed Part V. Quantitative Assumptions
Cost to complete, tabulated on a per task basis (ETC only needed when requested.
Not monthly)
Overall project budget, tabulated on a per task basis
Travel and site visit summary
Log documenting work completed to date on requests for information (RFIs),
submittal reviews, Master Document Index (MDI), and change order preparation
Log identifying and determining status of project risks
Out of scope items log
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The CONSULTANT shall also provide the percent budget spent for each of OC SAN’s WBS
cost codes (i.e. by work package and phase). OC SAN will provide a list of cost codes by phase
to the CONSULTANT.
The CONSULTANT shall also provide a summary of progress and expenditures to date.
OC SAN will provide a sample invoice structure to the CONSULTANT after the issuance of the
Notice to Proceed (NTP) for this SOW.
4.1.1 – PMWeb Procedures
This Agreement shall utilize PMWeb as the Project Control Management System
(PCMS) for overall management of the Agreement. All PCMS related documents
requiring formal signatures shall be digital, and all copies digitally distributed. The
PCMS conforms to the requirements set forth in California Government Code section
16.5 regarding digital signatures; therefore, digital signatures are in full force and effect
and are legally the same as a hand-written signature. At least one PCMS account shall
have the authority to approve Amendments.
OC SAN shall maintain the PCMS and serve as the administrator for the duration of this
Agreement. OC SAN will provide the CONSULTANT with user access for approved
personnel as needed for the duration of the Agreement. OC SAN shall control access to
the PCMS by assigning user profiles and login credentials. CONSULTANT shall notify
OC SAN of any changes to personnel. Access modifications shall be coordinated as
needed throughout the Agreement. Do not to share PCMS account passwords with
anyone inside or outside of the company.
Routine maintenance of the PCMS system may be required during the Agreement.
Access to the PCMS system may be restricted or unavailable at these times and will be
scheduled outside of typical working hours whenever possible.
The PCMS is a web-based environment and is therefore subject to the inherent speed
and connectivity problems of the Internet. The CONSULTANT is responsible for its own
connectivity to the Internet. PCMS response time is dependent on the CONSULTANT’s
equipment, including processor speed, Internet access speed, Internet traffic, etc.
OC SAN will not be liable for any delays associated with the utilization of the PCMS
including, but not limited to, slow response time, down time periods, connectivity
problems, or loss of information.
The OC SAN will provide a one-time training session of up to two (2) hours to train
CONSULTANT’s designated staff on general system requirements, procedures, and
methods.
Automated system notifications generated via PCMS (e.g., in-system notices, system
generated email, or email with attachment) shall constitute a formal written notification in
compliance with the Professional Construction Service Agreement (PCSA).
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TASK 4.2 – INITIAL PROJECT MEETINGS
4.2.1 – Construction Hand-Off Workshop
The CONSULTANT shall participate in a two-hour construction hand-off workshop. The
purpose of the workshop is for the CONSULTANT and the OC SAN design team to
transfer project-specific knowledge to the OC SAN construction management and
inspection staff who will be managing and monitoring construction. Agenda to be used
at the meet is below:
A. General Project Overview
1. Summary of Work and Project Elements
2. Work Sequence
3. Work Restrictions
4. Public Outreach
5. Schedule/Milestones
B. Project Risks
1. For example:
a. Tricky construction
b. Areas where extra care need to be taken
c. Submittals that need to be completed early due to lead time
2. Key decision log items (i.e. any key items/decisions discussed during design that
cannot change and we do not want to entertain proposals from the Contractor to
change?)
3. Long lead time equipment submittals (timely processing required to avoid delays)
a. Electrical control panels
b. Transformers
c. Special equipment
d. Other project risk items
C. Project Team
1. OC SAN Engineering Team
2. CONSULTANT Team - involvement in Submittals & RFIs.
3. Stakeholders- include public, organizations, businesses, agencies, O&M-
personnel
D. Entitlements
1. Permits
2. CEQA – Mitigation Measures
E. Contractor
1. Subs
2. Bid price issues (e.g., did they bid anything suspiciously low)
3. Past Contractor performance at OC SAN
a. Strengths
b. Weaknesses
4. LDs
5. Status of PMWeb Submittals List and set up
The workshop will be led by OC SAN’s Project Manager and Project Engineer and the
CONSULTANT’s Project Manager and Project Engineer.
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4.2.2 – PMWeb and Submittal Review Procedures Meeeting
The CONSULTANT shall participate in a two-hour PMWeb procedure meeting and
submittal procedure meeting. The purpose of this meeting is to review the roles and
logistics for review and acceptance of construction contract documents and Contractor
submittals. The CONSULTANT’s Project Manager and Project Engineer shall attend.
This meeting will be led by the OC SAN Resident Engineer and will be more specific to
this contract than the overall PMWeb training identified in Section 4.1.1.
The project will utilize PMWeb for submittal reviews, project communication, tracking,
and management. When required by OC SAN, paper documents shall also be provided.
4.2.3 – Preconstruction Conference
The CONSULTANT shall participate in a two-hour preconstruction conference attended
by OC SAN staff, the CONSULTANT, the Contractor, subcontractors, and vendors. This
meeting will be scheduled and presided over by OC SAN. In this meeting, OC SAN’s
Resident Engineer will describe the CONSULTANT’s role in the project as the Design
Engineer and the services the CONSULTANT shall provide during construction. OC
SAN will prepare meeting minutes, and the CONSULTANT shall review and comment on
the minutes. Only the Project Manager, Lead Project Engineer and microtunneling
subconsultant shall attend.
4.2.4 – Pre-Submittal Review Meetings and Workshops
The CONSULTANT shall attend pre-submittal review meetings (2-hour virtual meetings
unless noted otherwise) specified for the following specification sections:
01783, Equipment Service Manuals
02220, Dewatering
02346, Microtunneling (1 workshop @ 8 hours and 2 meetings @ 2 hours)
02376, Vibro Stone Column
02999, Temporary Handling of Sewage Flow
Additional pre-submittal meetings (2 meetings @ 2-hour each)
With the exception of the Specification Section 02346 – Microtunneling and Specification
Section 02220 – Dewatering submittals, OC SAN will prepare the agenda and meeting
minutes, and the CONSULTANT shall review and comment on the minutes. The
CONSULTANT’s Project Manager, Project Engineer, and technical lead shall attend in-
person. The CONSULTANT will prepare the agenda and meeting minutes for the
Specification Section 02346 – Microtunneling and Specification Section 02220 –
Dewatering submittals.
4.2.5 – Other Meetings and Workshops
Risk Workshops: The CONSULTANT shall facilitate two workshops (3 hours each) to
review project risks with OC SAN construction staff and Contractor. The first Risk
Workshop will include: identification of construction risks and reviewing risk triggers. The
second Risk Workshop will include strategies for mitigating risks. The CONSULTANT
shall facilitate 8 meetings (1 hour each) to review risks and risk planning with OC SAN
construction staff and Contractor during the microtunneling work. The CONSULTANT’s
microtunneling, dewatering, and geotechnical subconsultants shall attend this meeting
SCOPE OF WORK PROJECT NO. 5-67
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and review the draft meeting minutes and communication matrix. CONSULTANT shall
prepare workshop meeting materials, agenda and draft/final minutes. The deliverable of
the workshops is a risk management plan to be implemented by the OC SAN Resident
Engineer through the course of the project.
Coordination Meeting with City of Newport Beach: The CONSULTANT shall lead one
meeting (3 hours) to review traffic control plans with City of Newport Beach
transportation staff. The meeting purpose is to reengage the City of Newport Beach
transportation staff with the Contractor’s schedule and work sequence plan and
document the role and responsibilities concerning traffic control changes. The
CONSULTANT shall prepare meeting materials, agenda and draft/final minutes and a
draft/final communication matrix to be reviewed by attendees. The purpose of the
communication matrix is to clarify that all communication goes through OC SAN. The
CONSULTANT’s traffic subconsultant shall attend this meeting and review the draft
meeting minutes and communication matrix.
Coordination Meeting with Caltrans: The CONSULTANT shall lead one meeting (3
hours) to review traffic control plans with Caltrans Engineer. The Caltrans Engineer may
not be familiar with the traffic control plans. The meeting purpose is to familiarize the
Caltrans Engineer with construction project staff, review the traffic control plans with
Caltrans staff, and document roles and responsibilities so there is a clear understanding
of communication requirements and respective roles concerning traffic control changes.
The CONSULTANT shall prepare meeting materials, agenda and draft/final minutes and
a draft/final communication matrix to be reviewed by attending agencies. The purpose
of the communication matrix is to clarify that all communication goes through OC SAN.
The CONSULTANT’s traffic subconsultant shall attend this meeting and review the draft
meeting minutes and communication matrix.
Preconstruction Conference with City of Newport Beach and Caltrans: The
CONSULTANT shall participate in a Preconstruction Conference (3 hours) attended by
OC SAN staff, CONSULTANT, Contractor, the City of Newport Beach and Caltrans.
This meeting will be scheduled and presided over by OC SAN. This meeting shall be
attended by the CONSULTANT’s traffic and microtunneling subconsultants. The
CONSULTANT shall prepare workshop meeting materials, agenda and draft/final
minutes. The CONSULTANT’s subconsultant attendees shall review draft minutes.
Microtunneling Coordination Workshop: The CONSULTANT and microtunneling
subconsultant shall facilitate one workshop for the entire day (8 hours) to discuss the
critical microtunneling submittals and critical project requirements with OC SAN and the
Contractor. This will be an in-person workshop, held at OC SAN’s Plant No. 2. The
microtunneling subconsultant shall assist OC SAN and respond to Contractor questions.
The CONSULTANT shall prepare meeting agenda and draft/final minutes. The
microtunneling subconsultant and other subconsultant attendees shall review draft
minutes.
Focused Dewatering Meeting: The CONSULTANT and dewatering subconsultant shall
facilitate this 2-hour meeting with OC SAN and the Contractor to discuss the design and
testing requirements. CONSULTANT shall prepare meeting agenda and draft/final
minutes. Dewatering and other subconsultant attendees shall review draft minutes.
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TASK 4.3 – SUBMITTAL REVIEWS
OC SAN will receive all submittals from the Contractor through PMWeb. OC SAN will
forward submittals requiring the CONSULTANT’s review to the CONSULTANT via
PMWeb. The CONSULTANT shall review the submittals for conformance with the
requirements of the Contract Documents and provide review comments to OC SAN
through PMWeb within ten (10) calendar days after receipt of a submittal. The
CONSULTANT shall return comments to OC SAN allowing enough time for OC SAN to
incorporate all comments into a combined review comment set that OC SAN will return
to the Contractor. The CONSULTANT shall accommodate occasional expedited reviews
for time-sensitive submittals. Submittals shall include but not be limited to shop
drawings, vendor tests, certifications, and test reports. All submittals will be made
available electronically (PDF) through PMWeb.
If the CONSULTANT has staff other than the assigned technical lead review submittals,
the CONSULTANT's technical lead shall review all submittal comments prior to returning
them to OC SAN. For all submittals reviewed by the CONSULTANT, the CONSULTANT
shall assume that they are the only reviewer for that submittal review and shall not rely
on supplemental OC SAN comments.
See Section V - Quantitative Assumptions in this SOW for the estimated number of
submittals.
TASK 4.4 – REQUEST FOR INFORMATION
OC SAN will forward to the CONSULTANT certain Requests for Information (RFIs)
generated by the Contractor or OC SAN. The CONSULTANT shall return written
responses to OC SAN as soon as possible or within three (3) calendar days of receipt of
the RFIs, clarifying the requirements of the Contract Documents. The CONSULTANT
shall generate necessary sketches, figures, and modifications to the drawings for
clarification. When required to avoid schedule delay or additional construction-related
costs, the CONSULTANT shall expedite the review of time sensitive RFIs.
If any changes to the Contract Documents are required, the CONSULTANT shall
prepare these documents and submit them as PDF files to OC SAN. The
CONSULTANT shall update all AutoCAD drawings and specifications upon OC SAN
acceptance of any changes resulting from RFIs and change orders.
See Section V- Quantitative Assumptions in this SOW for the estimated number of RFIs.
TASK 4.5 – CONTRACT DOCUMENT MODIFICATIONS, DESIGN CHANGES AND CHANGE
ORDERS
If the Contract Documents require modifications due to changed conditions, OC SAN
requested changes, omissions, or design errors; the CONSULTANT shall prepare
preliminary change order documents and forward them to OC SAN, as needed. OC
SAN shall review the preliminary change order documents and request the
CONSULTANT to incorporate any changes. OC SAN will issue the change order
documents in a formal Request for Proposal (RFP) or Field Change Order (FCO) to the
Contractor. The CONSULTANT shall forward design calculations and other design
backup documents as necessary to OC SAN.
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Any Contract Document that requires changes shall be identified with the date of change
and reference (RFI number, RFP number, FCO number, etc.) shown on the document.
Changes shown on the drawings shall be clearly marked and “clouded” for accurate
identification of the scope of the change to the Contractor and inspection staff. The
CONSULTANT shall maintain up-to-date Contract Documents. When a change is
required on a Contract Drawing that has previously undergone a change, the updated
drawing showing the previous change shall be used as the base document to identify
new changes.
The CONSULTANT shall submit complete change documentation to OC SAN for use in
RFIs, RFPs, and FCOs. This change documentation shall include drawings,
schematics, details, schedules, and specifications, as required.
The CONSULTANT shall prepare cost estimates for the changes by OC SAN. The
CONSULTANT shall provide details, description and justification for the change.
The CONSULTANT shall maintain a Master Document Index (MDI) to track all changes
issued on the project. The MDI shall be updated monthly and located in PMWeb.
See Section V- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 4.6 – CONSTRUCTION PROGRESS MEETINSG AND SITE VISITS
The CONSULTANT shall attend construction progress meetings, as requested by OC
SAN’s Resident Engineer. The CONSULTANT’s Project Manager and Project Engineer
shall attend. The scope shall include the time for travel, follow-up, and review of
meeting minutes. Construction progress meeting minutes will be prepared by OC SAN.
The CONSULTANT shall attend or be available by phone for one-hour weekly
construction progress meetings.
The CONSULTANT shall make field visits to assist in field problem resolution and design
clarification/verification to help resolve construction issues as they arise and as
requested by OC SAN. The CONSULTANT shall report the nature of the field site visits,
the problem resolved and identify staff requesting the site visit in the CONSULTANT’s
monthly project report. The CONSULTANT shall assume 150 field visits are needed.
OC SAN will provide project inspection, except as required in other sections of this
SOW.
See Section V- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 4.7 – PUBLIC OUTREACH
OC SAN will be leading all public outreach efforts required for this construction. The
CONSULTANT shall provide support for various public outreach activities, including but
not limited to the following: planning, coordination, and providingmaterials. The
CONSULTANT shall assume 8 public meetings will require public outreach support. The
CONSULTANT shall assume attendance at 20 construction progress meetings for the
public outreach support.
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TASK 4.8 – TRAFFIC CONTROL
The CONSULTANT shall secure the services of a Traffic Engineer to provide support for
review, response, interpretation, and advice on project issues related to traffic control
conditions, as well as to attend and participate in key meetings identified herein.
Reviews and responses will be needed in support of RFIs, contract document
modifications, and change order duties led by the CONSULTANT. The Traffic Engineer
may be required to modify and generate new drawings to support the reviews and
responses, and coordinate reviews and approvals with the permitting agency. The
CONSULTANT’s Traffic Engineer may be required to visit the site to inspect the traffic
control set up at the request of OC SAN.
TASK 4.9 - GEOTECHNICAL
The CONSULTANT shall provide Geotechnical Engineering services to provide support
for review, response, interpretation, and advice on project issues related to geotechnical
conditions, geotechnical baseline report, geotechnical logs, and data reports, as well as
to attend and participate in key meetings identified herein. The CONSULTANT shall
provide reviews and responses in support of shop drawing submittals, RFIs, contract
document modifications and change order duties led by the CONSULTANT.
TASK 4.10 – STRUCTURAL ENGINEERING SERVICES
The CONSULTANT shall have the structural engineer of record conduct field visits and
provide expert opinion in review of observation of the structural work associated with the
project. California Building Code requires the structural engineer of record to perform
structural inspections during construction.
TASK 4.11 – SHORING SUPPORT
The CONSULTANT shall provide shoring support to review submittals, RFIs, RFP,
inspection, testing, and conformance to the conformed documents by the shoring
designer of record.
TASK 4.12 – ARCHEOLOGIST AND PALEONTOLOGIST SUPPORT
The CONSULTANT shall provide a qualified archaeologist and paleontologist to conduct
sensitivity training for OC SAN and Contractor project staff, monitoring during ground
disturbing activities, and unanticipated discovery support to ensure OC SAN complies
with CEQA mitigation measures MM-CUL-1, MM-CUL-2, and MM-GEO-1. The qualified
archaeologist and paleontologist will need to coordinate with the tribal monitor as well.
TASK 4.13 – MICROTUNNELING FIELD ENGINEERING AND OBSERVATION SERVICES
The CONSULTANT shall secure the service of a microtunneling subconsultant to
provide review of microtunneling submittals, and full-time microtunneling observation
services during the microtunneling portions of the Work. The microtunneling
subconsultant shall provide field engineer(s)/inspector(s) to provide uninterrupted
coverage during microtunneling operations. The microtunneling subconsultant will keep
the ENGINEER informed of microtunneling progress and issues on a continuous basis
as set forth herein and will be observing and monitoring the operation of the
microtunneling machine. The microtunneling subconsultant must have the experience
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and capability to develop corrective actions immediately and direct the microtunneling
Contractor in those corrective actions.
For the purposes of this fee proposal, the CONSULTANT shall provide three (3) months
of microtunneling field engineering support which will include observation services from
the beginning of shaft excavations, the 24-hour microtunneling drive, the HDPE pipe
installation, and the demobilization of all microtunneling equipment. The field
engineering support team shall consist of at least one senior field engineer and one
support field engineer/inspector. The senior field engineer shall have a minimum 10
years of experience in microtunneling design, operation, and inspection. Support field
engineer/inspectors shall have 5 years experience or as accepted by the ENGINEER.
Resumes shall be submitted to OC SAN for acceptance.
The senior field engineer shall be supported by locally based field staff with
microtunneling experience. Additional support shall be provided from experienced local
management and on-call specialist technical support.
4.13.1 – Microtunneling Submittal Reviews
Submittal review is in addition to microtunneling inspection. The microtunneling
subconsultant fee proposal shall be prepared in accordance with the OC SAN prescribed
standard breakdown, including labor rates, overhead and markups and other direct
costs. Billing to the CONSULTANT shall be consistent with OC SAN prescribed formats.
The microtunneling subconsultant shall attend and participate in various meetings
described in more detail in Task 4.2.4 and Task 4.2.5 as well as construction progress
meetings (through duration of microtunneling operations) or as requested by OC SAN.
Meetings requiring local attendance would be held at either OC SAN Plant 2 or on the
project alignment in the field. The microtunneling subconsultant shall review and
comment on draft meeting minutes as request.
The microtunneling subconsultant shall review all microtunneling related shop drawings
and other data the Contractor is required to submit for conformance with the Contract
Documents and compatibility with the design concept of the completed project as a
functioning whole as indicated in the Contract Documents.
For the purposes of this fee proposal, the microtunneling subconsultant shall provide
review of the following shop drawing submittal packages, covering all operations and
specifications related to microtunneling:
Dewatering: Assume 1 submittal and 2 re-submittals
Earthwork: Assume 1 submittal and 3-re-submittals
Excavation Support and Protection: Assume 1 submittal and 3-re-submittals
Low-Pressure Annular Grouting: Assume 1 submittal and 2 re-submittals
Microtunneling: Assume 22 submittals and 3 re-submittals
HDPE Pipe and Spaces for Force Mains: Assume submittal review and field
engineering of pipe installation is performed by others.
This effort may also require input or coordination with the dewatering and geotechnical
subconsultants performing similar duties.
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TASK 4.14 – GROUND IMPROVEMENTS FIELD ENGINEERING AND OBSERVATION
SERVICES
The CONSULTANT shall provide support to review submittals, RFIs, RFP, as well as
inspection services during the ground improvements portion of the Work.
TASK 4.15 – HYDROACOUSTIC TESTING AND FIELD SERVICES
The CONSULTANT shall provide hydroacoustic testing and field services support during
the microtunneling portion of the Work as indicated in the special conditions for the
Coastal Development Permit. The hydroacoustic testing services includes the
development of a hydroacoustic testing plan and the preparation of a hydroacoustic
testing report that will be submitted to the Coastal Commission Executive Director.
TASK 4.16 – MARINE WILDLIFE MONITOR
The CONSULTANT shall secure the services of a qualified marine wildlife monitor who
is a qualified wildlife biologist with experience observing marine wildlife and
differentiating normal behavior from signs of injury or distress. The Marine Wildlife
Monitor shall comply with the special conditions for the Coastal Development Permit
including developing the Marine Wildlife Protection Plan.
TASK 4.17 - ARCHITECTURAL
The CONSULTANT shall provide architectural support to review submittals, RFIs, RFP,
inspection, and conformance to the conformed documents by the architectural designer
of record.
TASK 4.18 – LANDSCAPE ARCHITECTURAL SERVICES
The CONSULTANT shall secure the services of the landscape architectural design team
for assistance in construction support services for landscaping.
TASK 4.19 – FIRE PROTECTION SERVICES
The CONSULTANT shall secure the services of a fire protection specialist for assistance
in submittal reviews and construction support services during installation and
commissioning of fire protection systems. CONSULTANT shall manage fire protection
subconsultant. CONSULTANT is not required to be on site with the subconsultant during
the work.
TASK 4.21 – CONSULTANT LED TRAINING
CONSULTANT shall lead trainings to cover the modifications and additions completed
by the project. The training material should include items such as project overview, the
design intent/purpose, SCADA use, process parameters, critical maintenance tasks,
operational philosophy, and different modes of operation.
The preferred platform to conduct these trainings is in Microsoft Teams (one class
session should be recorded). In-person classes maybe coordinated depending on the
topic/needs.
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Assume 3 training classes, 2 sessions (on different days) for each class, for the following
areas:
1. Main sewage pumping system – 1 hour/session
2. On-site Odor control (both upstream and downstream) – 1 hour/session
3. Standby Generator – 1 hour/session
All training shall be completed prior to the start of the Contractor RATS. A draft training
agenda, draft presentation slides and any handouts shall be submitted to OC SAN not
less than 60-days prior to the required training date. OC SAN will schedule the training
with the required OC SAN staff. Within 30-days of all trainings being completed, the
CONSULTANT shall submit all final training materials and video recordings to the
Collections Department and the PM Optimization group.
V. PHASE 5 – COMMISSIONING SERVICES
TASK 5.1 – COMMISSIONING TEAM MEETINGS
The CONSULTANT shall attend Commissioning Team meetings at OC SAN’s request.
The scope includes time for meeting preparation, follow-up, and review of meeting
minutes. Commissioning team meeting minutes shall be prepared by OC SAN. The
CONSULTANT will review and comment on OC SAN’s prepared meeting minutes. See
Section V- “Quantitative Assumptions” in this Scope of Work for the number of meetings.
TASK 5.2 – FACILITY RECORDS DELIVERY SCHEDULE
The CONSULTANT shall provide the facility records highlighted in green in the table
below. These facility records are organized by when they are due to OC SAN O&M. All
other facility records are by Contractor.
Construction
NTP
Pre-commissioning Beneficial
Occupancy
Final
Completion
After Final
Completion
ESM (draft individual) ESM (final
individual)
ESM (as-built
individual)
EID
(conformed to
bid)
EID (final)
SLD
(conformed to
bid)
SLD (redline for
baseline)
P&ID
(conformed to
bid)
P&ID (redline for
baseline)
O&M Manual (draft) O&M Manual1
SOPs (draft photos
and graphics)
SOPs (final photos
and graphics)1
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Construction
NTP
Pre-commissioning Beneficial
Occupancy
Final
Completion
After Final
Completion
CONSULTANT
training and training
manuals
Vendor training and
training manuals
PCI training
Spare parts and
tools
Alignment records
Cal/OSHA monorail
and bridge crane
certs
Building
management
system training with
ability to edit set
points to system
(occupied buildings)
Loop drawings
Completed
commissioning
procedures
Test results
Electronic CAD
files
Electronic
config. files
All remaining
facility records
Record
Drawings
Hydraulic
model
GIS updates
1. Documents should be submitted as draft at least six weeks prior to Contractor’s scheduled Beneficial
Occupancy. Final documents shall be available at Beneficial Occupancy.
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TASK 5.3 – COMMISSIONING SUPPORT
The CONSULTANT’s operations staff members shall provide process assistance to OC
SAN’s collections staff during the startup of all systems at the pump station. The
CONSULTANT’s Commissioning Operator Staff shall be available to help troubleshoot
during commissioning, during RAT, and to prepare operation manuals. The
CONSULTANT services shall consist of a series of on-site visits to participate in the
development of stable processes/systems.
The CONSULTANT shall witness the FAT and RAT and document any deviations from
the prepared procedures, failures, and anomalies during the testing, and report any
activities negatively impacting the operation of the treatment facilities to OC SAN.
See Section V- “Quantitative Assumptions” in this SOW for the estimated number of site
visits.
TASK 5.4 – OPERATIONS AND MAINTENANCE MANUALS
The CONSULTANT shall review existing OC SAN Operations and Maintenance (O&M)
Manuals and determine which require replacement or modification. The CONSULTANT
shall develop the new and revised O&M Manuals as required. The format will be based
on previous O&M Manuals with content additions and revisions as defined in Exhibit 1,
“OC SAN Revised O&M Manual TOC” spreadsheet. This spreadsheet includes a
corresponding reference to the P2-66 O&M Manual for a content example. When an
example is not provided, that indicates that new content has been added to the table of
contents. The Equipment Controls portion of the O&M Manual has been revised to
include a Shutdowns and Alarms Table versus separate paragraphs for interlocks and
alarms. Exhibit 2, “P2-66 Ch05 Influent Pump Station (Revised)” Word document
provides an example of these changes. Exhibit 3, “O&M Manual, Equipment Controls -
Shutdowns and Alarms Tables” spreadsheet can be used to develop these tables in
Excel and then transfer them into the Word documents. The O&M Manual shall be
illustrated with photos, tables, diagrams and schematics as appropriate.
The draft O&M Manuals shall be submitted to OC SAN for review at least 45 days prior
to commencement of the CONSULTANT led training. This assumes a 30-day OC SAN
review period, at which point OC SAN 's comments shall be forwarded to the
CONSULTANT. The CONSULTANT shall incorporate the necessary changes into the
Draft O&M Manual for startup. During startup and testing the Draft O&M Manual shall
be considered a "living document", with changes being recorded by the CONSULTANT
and OC SAN, based on operating experience. The Final O&M Manual shall be
submitted with Beneficial Occupancy.
TASK 5.5 – STANDARD OPERATING PROCEDURES (SOPS)
The CONSULTANT shall develop SOPs for process units and upgraded system
conditions. The CONSULTANT shall present the finalized SOPs to OC SAN Operation
and Maintenance staff prior to RAT. During the RAT process, SOPs might be modified
based on comments from OC SAN.
Draft SOPs shall be submitted to OC SAN prior to the start of ORT and the final SOPs
shall be submitted with beneficial occupancy of each facility. Allow for one additional
revision after the Draft SOP.
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The SOPS shall be submitted to OC SAN as MS Word files, and OC SAN will configure
SharePoint where the Word files and Vendor Manuals are managed.
TASK 5.6 – REDLINE P&IDS AND SINGLE LINE DIAGRAMS (SLD)
The CONSULTANT shall develop interim redline P&IDs and SLDs for OC SAN to use as
an interim facility baseline during construction. The redline drawings shall include all
changes made during construction and shall represent the as-built condition of the
facilities. OC SAN will transmit to the CONSULTANT the Contractor’s markups of these
documents. CONSULTANT shall utilize Contractor markups for RFIs, Change Orders,
Contractor Submittals, Contractor loop check, and inspector markups to create the
redline P&IDs and SLDs. For changes to existing facilities, OC SAN will provide the
CONSULTANT a copy of the most recent Facility Record drawing to redline at the start
of commissioning. Redline shall be accomplished using a PDF markup program, such
as Bluebeam or AutoCAD and redline markups shall resemble the look and feel of the
as-built P&ID. Summary notes describing the changes, images of RFI responses, or
other such markups will not be accepted.
Each redline drawing shall include a stamp containing “INTERIM CONSTRUCTION
UPDATE” information (Project #, Date, Inspector Name, Phone, and Email) in RED.
Below is an example of the stamp.
The CONSULTANT shall submit the redline P&IDs and SLDs with beneficial occupancy
of each facility. This interim deliverable does not relieve the CONSULANT from
providing the as-built P&IDs and SLDs with the Final Record Drawings, see Task 6.2.
VI. PHASE 6 – CLOSEOUT
Closeout tasks include completion of punch list work by the Contractor, final inspection,
completion of Record Drawings, and electronic data. The CONSULTANT shall submit a final
invoice at the completion of the project.
TASK 6.1 – FINAL INSPECTION AND PUNCH LISTS
The CONSULTANT’s construction coordinator, and discipline leads shall attend the final
inspection job walk with the Contractor and OC SAN staff. The CONSULTANT shall
make recommendations on the completion of the work including, but not limited to,
completion of punch list items, site cleanup, and SWPPP.
The CONSULTANT shall assist OC SAN in developing punch lists of items required to
be completed prior to final acceptance of the project by OC SAN.
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See Section V- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 6.2 – RECORD DRAWINGS
When requested by OC SAN, the CONSULTANT shall attend preliminary as-built
meetings with OC SAN and the Contractor to inspect the Contractor’s draft as-built
drawings to verify that the Contractor has included all relevant information from
approved change orders and RFIs. As part of the review process, the CONSULTANT
shall verify that the Contractor’s draft as-built drawings correctly reflect the information
included in the approved shop drawings, RFIs, approved FCOs, plan clarifications, plan
changes, and other deviations from the conformed Contract Documents, and that the
information in the as-built drawings is complete. Based on the findings, the
CONSULTANT shall prepare a written report on the completeness of the field markup
set. The CONSULTANT shall allow for two meetings/visits to review the Contractor’s in
progress as-built drawings, it is anticipated these meetings will occur when
microtunneling is complete, when the construction is 75% complete and before the draft
final as-built set.
The CONSULTANT shall independently keep a CAD ready set of draft as-built drawings
throughout the project. After each meeting with the Contractor, the CONSULTANT shall
transpose the Contractor’s information to the CONSULTANT’s draft CAD ready as-built
drawings. The CONSULTANT shall be responsible for marking-up any differences
between the Contractor’s draft as-built drawings and the CONSULTANT’s set.
After final completion of the project, OC SAN will transmit to the CONSULTANT the
Contractor’s final as-built drawings. At that time, the CONSULTANT shall meet with OC
SAN’s inspectors and Resident Engineer to review the Contractor’s final as-built
drawings for completeness.
The CONSULTANT shall prepare Draft Record Drawings based on the final as-built
drawings for all drawings in accordance with the requirements in the CAD Manual.
Traffic control plans and temporary bracing of shoring will not be updated. The
CONSULTANT shall submit the Draft Record Drawings to the OC SAN Resident
Engineer. The Draft Record Drawings will be reviewed for content and CAD compliance
by OC SAN staff. A comment log will be returned to the CONSULTANT and, if any
comments are generated, the CONSULTANT shall revise the Record Drawings and
resubmit to the OC SAN Resident Engineer for review of the changes and acceptance of
the Record Drawings.
When no additional comments are identified, the CONSULTANT shall prepare the Final
Record Drawings and submit them in accordance with the OC SAN CAD Manual
Chapter 12. All hard copies of the Contractor’s final as-built drawings shall be returned
to OC SAN at this same time. All Record Drawings shall contain a stamp indicating:
“Record Drawings
These record drawings have been prepared based on information provided by others.
The Engineer has not verified the accuracy of this information and shall not be
responsible for any errors or omissions which may be herein as a result.”
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The stamp shall be placed in the title block and may be included by x-ref. In addition, a
note shall be placed over the engineer’s seal stating that “This drawing was originally
approved for construction by [name of engineer] on [date] and sealed by [name of
engineer] a licensed professional engineer in the State of California No. [License
number] “. The CONSULTANT shall submit an electronic copy of the Record Drawings
to OC SAN for review and acceptance. The acceptance of the Record Drawings shall
be deemed a condition precedent for completion of the services provided in Phase 6 -
Closeout.
The Contractor-generated as-built drawings described in the Engineering Design
Guidelines and the shop drawings will not be updated by the CONSULTANT.
The format and quantities for delivery of the submittals shall be as listed below:
Contents Draft Record Drawings Final Record Drawings
Hard Copy Sets None None
All related electronic files,
including CAD and
compiled PDFs
Transmit Electronic Files to
OC SAN
Transmit Electronic Files to
OC SAN
6.2.1 – Additional Record Documentation
The CONSULTANT shall provide data to OC SAN to update its GIS and Hydraulic
Model. Updated files shall be submitted to OC SAN at the same time as the Draft and
Final Record Drawings.
TASK 6.3 – PROJECT MANAGEMENT
The CONSULTANT shall also include project management support man-hours related to
closeout activities per requirements stated in Phase 4, Project Management Task.
VII. STAFF ASSISTANCE
The OC SAN staff member or designee assigned to work with the CONSULTANT on the
construction phase of this project is Cindy Murra at (714) 593-7327, email to:
cmurra@ocsan.gov.
VIII. QUANTITATIVE ASSUMPTIONS
The assumptions listed in the following table below shall be the basis for the assumed level of
effort.
SCOPE OF WORK PROJECT NO. 5-67
PCSA Page 21 of 22
Task Description Assumption
4.1 Project Management 64 months duration from the effective date of the
NTP for this SOW
PM fulltime for first two years – 3,800 hours
4.1.1 PMWeb Procedures Meeting Prep and attend 2-hour meeting
4.2.1 Construction Hand-off Meeting PM + PE: Prep and attend 2-hour meeting
4.2.2 PMWeb Submittal Procedures Meeting Attend 2-hour meeting
4.2.3 Preconstruction Conference PM + PE+ Microtunneling Sub: Attend 2-hour
meeting
4.2.4 Pre-Submittal Review Meetings and
Workshops
PM + PE+ Technical Lead: Attend 7 - 2-hour
meetings
4.2.4 Microtunneling Workshop PM + PE+ Microtunneling Sub: Attend 8-hour
workshop
4.2.5 Risk Workshops PM + PE+ Microtunneling Sub: Attend 2-3-hour
workshops and 8 – 1-hour meetings
4.2.5 Coordination Meeting with City of
Newport Beach
PM + PE+ Traffic Sub+ Public Outreach Support:
Attend 3-hour meeting
4.2.5 Coordination Meeting with Caltrans PM + PE+ Traffic Sub: Attend 3-hour meeting
4.2.5 Preconstruction Conference with City of
Newport Beach and Caltrans
PM + PE+ Microtunneling Sub + Traffic Sub:
Attend 3-hour meeting
4.3 Submittals 1085 – Original submittals items1
500 – Resubmittal items
330 – 3rd and later resubmittal items
4.4 Requests for Information 900 RFIs
4.5 Contract Document Modifications,
Design Changes and Change Orders
1,400 hours
4.6 Construction Progress Meetings
Site Visits During Construction
234 Progress Meetings @ 1 hour each
150 Site Visits @ 2 hours each
5.1 Commissioning Team Meetings 50 meetings of 2-hour duration
5.3 Commissioning Support 400 hours
6.1 Final Inspection & Punch Lists 200 hours
SCOPE OF WORK PROJECT NO. 5-67
PCSA Page 22 of 22
1Note that each submittal set includes multiple submittal items which may be individually submitted by the Contractor.
The counts listed in this table are considering the individual submittal items. The level of effort should assume these
all are received individually.
IX. EXHIBITS
EXHIBIT 1 - OC SAN REVISED O&M MANUAL TOC
EXHIBIT 2 - P2-66 CH05 INFLUENT PUMP STATION (REVISED)
EXHIBIT 3 - O&M MANUAL, EQUIPMENT CONTROLS - SHUTDOWNS AND ALARM
TABLES
CM:lb
2/18/2025
1
Bay Bridge Pump Station
Replacement, Project No. 5-67
Presented by Mike Dorman,
Director of Engineering
Steering Committee
February 26, 2025
Professional Construction Services Agreement Award
2
•Total Contract: $12,143,580
•Construction Services: $10,093,580 (11.5% of Construction)
•Specialty Services: $2,050,000 (2% of Construction)
Professional Construction Services Agreement
AmountSpecialty Services
$ 675,000 Microtunneling Field Engineering and Observation Services
$ 1,050,000 Project Manager – Additional Hours to be Full Time for 2 Years
$ 90,000 Hydroacoustic Testing and Field Services
$ 110,000Marine Wildlife Monitor
$ 125,000 Archeologist and Paleontologist Support
$ 2,050,000 Total
1
2
2/18/2025
2
3
Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Arcadis U.S.,
Inc. to provide construction support services for Bay Bridge Pump Station
Replacement, Project No. 5-67, for a total amount not to exceed
$12,143,580; and
B. Approve a contingency of $1,214,358(10%).
Recommendation
Questions?
4
3
4
STEERING COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4124 Agenda Date:2/26/2025 Agenda Item No:CS-1
FROM:Robert Thompson, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Glenn Suchor,Workers’Compensation Claim,Workers Compensation Appeals Board,Case Nos.
ADJ19142291 and ADJ19142279.
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 2/19/2025Page 1 of 1
powered by Legistar™
Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee
From: General Counsel
Date: February 26, 2025
Re: Closed Session Items
The Steering Committee will hold a closed session on February 26, 2025, for the purpose of conferring with its legal counsel regarding existing litigation to which the Orange County Sanitation District is a party. The title of the matter is Glenn Suchor, Workers’ Compensation
Claim, Workers Compensation Appeals Board, Case Nos. ADJ19142291 and ADJ19142279. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted,
SCOTT C. SMITH
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.