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Home My WebLink About04-01-2026 Operations Committee Complete Agenda PacketNOTICE OF REGULAR MEETING AGENDA PUBLIC PARTICIPATION NOTICE ORANGE COUNTY SANITATION DISTRICT OPERATIONS COMMITTEE APRIL 1, 2026 - 5:00 PM ACCESSIBILITY FOR THE GENERAL PUBLIC Your participation is always welcome. OC San offers several ways in which to interact during this meeting. MEETING PARTICIPATION INSTRUCTIONS www.ocsan.gov IN-PERSON MEETING ATTENDANCE OC San Headquarters: 18480 Bandilier Circle, Fountain Valley, CA 92708 ONLINE MEETING PARTICIPATION Join the meeting now PARTICIPATE BY TELEPHONE Dial: (213) 279-1455 https://ocsd.legistar.com/Calendar.aspx Details on how to participate can be found on our website at Join the live meeting on Teams: Phone Conference ID: 139 122 280# WATCH THE MEETING ONLINE The meeting will be available for online viewing at: SUBMIT A COMMENT Online at: https://ocsd.legistar.com/Calendar.aspx or by emailing: OCSanClerk@ocsan.gov ROLL CALL OPERATIONS COMMITTEE Engineering and Operations & Maintenance Meeting Date: April 1, 2026 Time: 5:00 p.m. COMMITTEE MEMBERS (13) OTHERS STAFF OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 1, 2026 - 5:00 PM Headquarters - Board Room 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 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. SUBMIT A COMMENT: You may submit your comments and questions in writing in advance of, or during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or by sending them to OCSanClerk@ocsan.gov with the subject line "PUBLIC COMMENT ITEM # [insert relevant item number]" or "PUBLIC COMMENT NON-AGENDA ITEM". 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. 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 View Current Board of Directors OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 1, 2026 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AND DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may 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 Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.2026-4721APPROVAL OF MINUTES RECOMMENDATION: Approve minutes of the Regular meeting of the Operations Committee held March 4, 2026. Originator:Kelly Lore Attachments: 2.2025-4499MACARTHUR PUMP STATION REHABILITATION, PROJECT NO. 7-63 RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Design Services Agreement with Dudek to provide engineering services for MacArthur Pump Station Rehabilitation, Project No. 7-63, for an amount not to exceed $1,140,000; and B. Approve a contingency of $114,000 (10%). Page 2 of 6 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 1, 2026 Originator:Mike Dorman Attachments: NON-CONSENT: 3.2026-4840CENTRAL GENERATION ENGINE NO. 1 INSPECTION AND REPAIRS, SPECIFICATION NO. BSS-2026-728BD RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Sole Source Service Contract with Cooper Machinery Services LLC for inspection and field service repairs to Central Generation (Cen Gen) Engine No. 1, Specification No. BSS-2026-728BD, for a total amount not to exceed $142,923, plus applicable sales tax and freight; and B. Approve additional allowance funding not to exceed $120,000 for associated repairs that may be required due to the high potential for additional damage identified during disassembly and inspection. Originator:Riaz Moinuddin Attachments: 4.2026-4832MASTER REIMBURSEMENT AGREEMENT FOR MANHOLE FRAME AND COVER OVERLAY RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Master Reimbursement Agreement with the City of Cypress, Specs. S-050A, S-055, and S-055A, establishing terms, procedures, and reimbursement for Orange County Sanitation District manhole frame and cover adjustments performed as part of Cypress Street Rehabilitation projects, in a standardized form approved by General Counsel; and B. Approve the Master Reimbursement Agreement Template and authorize the General Manager to execute future Master Reimbursement Agreements with other municipalities under similar terms, as approved by General Counsel. Originator:Riaz Moinuddin Page 3 of 6 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 1, 2026 Agenda Report Master Reimbursement Agreement - City of Cypress Master Reimbursement Agreement - Template Presentation - Master Reimbursement Agreement Attachments: 5.2025-4190HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2, PROJECT NO. P2-141 RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a project budget increase of $11,848,000 for Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141, for a total project budget of $46,500,000; B. Approve a Progressive Design-Build Contract with Big Sky Electric, Inc./Filanc, a Joint Venture, to provide Phase 1 progressive design-build services for Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141, for an amount not to exceed $3,902,200; and C. Approve an upper limit for this Contract of $39,710,000, which includes contingency. Originator:Mike Dorman Attachments: INFORMATION ITEMS: 6.2026-4853FY 2025-26 BUDGET AMENDMENT RECOMMENDATION: Information Item. Originator:Wally Ritchie Attachments: 7.2026-4669FY 2026-27 AND 2027-28 OPERATING BUDGET EXPENDITURES RECOMMENDATION: Information Item. Originator:Wally Ritchie Page 4 of 6 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 1, 2026 Agenda Report FY 2026-27 and 2027-28 Operating Budget Expense Additional Information FY 2026-27 and 2027-28 Budget Development - Expense Summary Presentation - FY 2026-27 and FY 20277-28 Operating Expenses Attachments: 8.2026-4820PRETREATMENT PROGRAM UPDATE RECOMMENDATION: Information Item. Originator:Lan Wiborg Attachments: 9.2026-4855UPDATE ON DEVELOPMENT OF THE ORANGE COUNTY SANITATION DISTRICT EASEMENT MANAGEMENT POLICY RECOMMENDATION: Information Item. Originator:Lorenzo Tyner Attachments: DEPARTMENT HEAD REPORTS: CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. Page 5 of 6 OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, April 1, 2026 ADJOURNMENT: Adjourn the meeting until the Regular Meeting of the Operations Committee on May 6, 2026 at 5:00 p.m. AFFIDAVIT OF POSTING: I hereby certify under penalty of perjury and as required by the State of California, Government Code § 54954.2(a), that the foregoing Agenda was posted online at www.ocsan.gov, in the lobby, and outside the main door of Orange County Sanitation District Headquarters at 18480 Bandilier Cir. Fountain Valley, CA 92708 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. /s/ Kelly A. Lore, MMC Clerk of the Board March 25, 2026 Page 6 of 6 OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2026-4721 Agenda Date:4/1/2026 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 Operations Committee held March 4, 2026. 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 26-02 ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·March 4, 2026 Operations Committee meeting minutes Orange County Sanitation District Printed on 3/23/2026Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the OPERATIONS COMMITTEE Wednesday, March 4, 2026 5:00 PM Headquarters - Board Room 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Operations Committee of the Orange County Sanitation District was called to order by Board Chairman Ryan Gallagher on Wednesday, March 4, 2026 at 5:00 p.m. in the Orange County Sanitation District Headquarters. Chairman Gallagher led the Pledge of Allegiance. ROLL CALL AND DECLARATION OF QUORUM: Assistant Clerk of the Board Tania Moore declared a quorum present as follows: PRESENT:Joyce Ahn, Doug Chaffee, Jon Dumitru, Ryan Gallagher, Johnathan Ryan Hernandez, Lisa Landau, Tom Lindsey, Robert Ooten, Bonnie Peat and John Withers ABSENT:Pat Burns, Stephanie Klopfenstein and Carlos Leon STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General Manager; Jennifer Cabral, Director of Communications; Mike Dorman, Director of Engineering; Riaz Moinuddin, Director of Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of Environmental Services; Tania Moore, Assistant Clerk of the Board; Mo Abiodun; Daniel Berokoff; Jon Bradley, Cheri Calisang; Sam Choi, Andrew Cole, Raul Cuellar, Don Cutler, Thys DeVries, Martin Dix, Justin Fenton, Al Garcia; David Haug, Mark Kawamoto, Tom Meregilliano, Kelly Newell, Nick Oswald, Aldwin Ramirez; Valerie Ratto, Thomas Vu; Todd Waltz, Kevin Work; and Ruth Zintzun were present in the Board Room. OTHERS PRESENT: Mal Richardson, General Counsel; Ruby Kaura, Brown and Caldwell; and Jeff Mohr were present in the Board Room. PUBLIC COMMENTS: None. Ms. Moore announced that Late Communication was received after the publication of the agenda, from the Director of Engineering for Item No. 6 modifying the contract amount not to exceed $3,085,300 with a contingency of $308,530, and was distributed to the Committee and made available to the public. Page 1 of 6 OPERATIONS COMMITTEE Minutes March 4, 2026 REPORTS: Chair Gallagher and General Manager Rob Thompson did not provide reports. CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2026-4720 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: AYES:Doug Chaffee, Jon Dumitru, Ryan Gallagher, Lisa Landau, Tom Lindsey, Robert Ooten, Bonnie Peat and John Withers NOES:None ABSENT:Joyce Ahn, Pat Burns, Johnathan Ryan Hernandez, Stephanie Klopfenstein and Carlos Leon ABSTENTIONS:None 2.SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1, PROJECT NO. FR1-0023 2025-4351 Originator: Mike Dorman A. Receive and file Bid Tabulation and Recommendation for Secondary Treatment Area Cable Replacement at Plant No. 1, Project No. FR1-0023; B. Award a Construction Contract Agreement to Big Sky Electric, Inc., for Secondary Treatment Area Cable Replacement at Plant No. 1, Project No. FR1-0023, for a total amount not to exceed $298,102; and C. Approve a contingency of $59,600 (20%). AYES:Doug Chaffee, Jon Dumitru, Ryan Gallagher, Lisa Landau, Tom Lindsey, Robert Ooten, Bonnie Peat and John Withers NOES:None ABSENT:Joyce Ahn, Pat Burns, Johnathan Ryan Hernandez, Stephanie Klopfenstein and Carlos Leon ABSTENTIONS:None 3.TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1, PROJECT NO. PS24-04 2025-4579 Page 2 of 6 OPERATIONS COMMITTEE Minutes March 4, 2026 Originator: Mike Dorman A. Approve a Professional Services Agreement with Black & Veatch Corporation to provide engineering services for the Trickling Filter Odor Control Study at Plant No. 1, Project No. PS24-04, for an amount not to exceed $548,506; and B. Approve a contingency of $54,851 (10%). AYES:Doug Chaffee, Jon Dumitru, Ryan Gallagher, Lisa Landau, Tom Lindsey, Robert Ooten, Bonnie Peat and John Withers NOES:None ABSENT:Joyce Ahn, Pat Burns, Johnathan Ryan Hernandez, Stephanie Klopfenstein and Carlos Leon ABSTENTIONS:None 4.ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2026-4716 Originator: Mike Dorman Receive and file the Engineering Program Contract Performance Report for the period ending December 31, 2025. AYES:Doug Chaffee, Jon Dumitru, Ryan Gallagher, Lisa Landau, Tom Lindsey, Robert Ooten, Bonnie Peat and John Withers NOES:None ABSENT:Joyce Ahn, Pat Burns, Johnathan Ryan Hernandez, Stephanie Klopfenstein and Carlos Leon ABSTENTIONS:None NON-CONSENT: 5.SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO. 2 AND VFD REPLACEMENTS AT PLANT NO. 1, PROJECT NOS. FE19-08 AND FR1-0011 2025-4617 Originator: Mike Dorman Page 3 of 6 OPERATIONS COMMITTEE Minutes March 4, 2026 A. Receive and file Bid Tabulation and Recommendation for Secondary Treatment VFD Replacements at Plant No. 2 and VFD Replacements at Plant No. 1, Project Nos. FE19-08 and FR1-0011; B. Award a Construction Contract Agreement to Big Sky Electric, Inc. for Secondary Treatment VFD Replacements at Plant No. 2 and VFD Replacements at Plant No. 1, Project Nos. FE19-08 and FR1-0011, for an amount not to exceed $3,424,300; and C. Approve a contingency of $342,430 (10%). AYES:Doug Chaffee, Jon Dumitru, Ryan Gallagher, Lisa Landau, Tom Lindsey, Robert Ooten, Bonnie Peat and John Withers NOES:None ABSENT:Joyce Ahn, Pat Burns, Johnathan Ryan Hernandez, Stephanie Klopfenstein and Carlos Leon ABSTENTIONS:None Directors Joyce Ahn and Johnathan Ryan Hernandez arrived at the meeting at 5:04 p.m. 6.NEWHOPE-PLACENTIA SEWER MANHOLE REPLACEMENTS, PROJECT NO. FE21-08 2026-4756 Originator: Mike Dorman AYES:Joyce Ahn, Doug Chaffee, Jon Dumitru, Ryan Gallagher, Johnathan Ryan Hernandez, Lisa Landau, Tom Lindsey, Robert Ooten, Bonnie Peat and John Withers NOES:None ABSENT:Pat Burns, Stephanie Klopfenstein and Carlos Leon ABSTENTIONS:None Page 4 of 6 OPERATIONS COMMITTEE Minutes March 4, 2026 INFORMATION ITEMS: 7.PROCUREMENT PROCESS, BIDS VS RFPS, SOLE SOURCE CONTRACTS VS COMPETITIVE CONTRACTS 2026-4667 Originator: Wally Ritchie Information Item. 8.FY 2026-27 AND 2027-28 ORANGE COUNTY SANITATION DISTRICT BUDGET REVENUES AND RESERVES OVERVIEW 2026-4668 Originator: Wally Ritchie Information Item. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. Page 5 of 6 OPERATIONS COMMITTEE Minutes March 4, 2026 BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Gallagher declared the meeting adjourned at 5:37 p.m. to the next Regular Operations Committee meeting to be held on Wednesday, April 1, 2026 at 5:00 p.m. Submitted by: _____________________ Tania Moore, CMC Assistant Clerk of the Board Page 6 of 6 OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2025-4499 Agenda Date:4/1/2026 Agenda Item No:2. FROM:Robert Thompson, General Manager Originator: Mike Dorman, Director of Engineering SUBJECT: MACARTHUR PUMP STATION REHABILITATION, PROJECT NO. 7-63 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Design Services Agreement with Dudek to provide engineering services for MacArthur Pump Station Rehabilitation, Project No. 7-63, for an amount not to exceed $1,140,000; and B. Approve a contingency of $114,000 (10%). BACKGROUND Orange County Sanitation District (OC San)operates 15 pump stations that support wastewater conveyance throughout its service area.MacArthur Pump Station is an underground pump station that was constructed in 1965 and is located within an easement in the City of Newport Beach, surrounded by commercial land uses.An existing 21-inch influent pipeline conveys flow into the wet well,and flows exit the pump station through recently constructed 10-inch dual force mains.The facility was last rehabilitated in 1989. 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 ·Protect OC San assets PROBLEM Due to the age of the pump station,many internal assets are reaching the end of their useful life. Recent inspections and a condition assessment of the facility identified coating failures in the wet well and corrosion within both the wet and dry wells, including corrosion on mechanical equipment. Orange County Sanitation District Printed on 3/23/2026Page 1 of 4 powered by Legistar™ File #:2025-4499 Agenda Date:4/1/2026 Agenda Item No:2. PROPOSED SOLUTION Approve a Professional Design Services Agreement to rehabilitate the pump station within the existing footprint,including both the wet well and dry well.The wet well concrete will be rehabilitated and lined.The pump room and electrical rooms within the dry well will also be rehabilitated,including replacement of mechanical and electrical equipment.Improvements to ventilation within the dry well will allow the space to be unclassified.Upon completion,the rehabilitation is expected to extend the service life of the pump station by an additional 20 to 30 years. TIMING CONCERNS Delaying approval of this agreement would postpone the start of design and subsequent construction activities.Any delay in initiating the rehabilitation may allow the existing deteriorated conditions within the pump station to continue progressing and could impact the long-term reliability of the facility. RAMIFICATIONS OF NOT TAKING ACTION If no action is taken,the existing deterioration within the pump station will continue to progress. Continued degradation of coatings,structural elements,and mechanical equipment could eventually lead to equipment failures,increased maintenance needs,or unplanned repairs that may disrupt pump station operations. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Consultant Selection: OC San requested and advertised for proposals for MacArthur Pump Station Rehabilitation,Project No.7-63 on October 28,2025.The following evaluation criteria were described in the Request for Proposals (RFP) and used to determine the most qualified Consultant. CRITERION WEIGHT Project Understanding and Approach 35% Related Project Experience 35% Project Team and Staff Qualifications 30% Five proposals were received on December 9,2025,and evaluated in accordance with the evaluation process set forth in OC San’s Purchasing Ordinance (OC SAN-61)by a pre-selected Evaluation Team consisting of OC San staff,which include a Senior Engineer (Project Manager),Associate Engineer (Project Engineer),Engineering Supervisor,and Maintenance Supervisor.The Evaluation Team also included one non-voting representative from the Contracts Administration Division. The Evaluation Team scored the proposal on the established criteria as summarized in the table Orange County Sanitation District Printed on 3/23/2026Page 2 of 4 powered by Legistar™ File #:2025-4499 Agenda Date:4/1/2026 Agenda Item No:2. The Evaluation Team scored the proposal on the established criteria as summarized in the table below: Proposer Project Understanding and Approach (Max. 35 Points) Related Project Experience (Max. 35 Points) Project Team and Staff Qualifications (Max. 30 Points) Total Score (Max. 100 Points) 1 GHD Inc 30 27 23 80 2 Dudek 27 28 23 78 3 TYLin 28 26 23 77 4 CDM Smith Inc 24 25 23 72 5 HDR Engineering Inc.23 22 19 64 Based on this scoring,three Consultants were shortlisted for interviews on January 14,2026. Following the interview,each member of the Evaluation Team scored the Consultants based on both the proposals and interviews using the evaluation criteria and weighting described above.Based on the scoring shown below, Dudek was selected as the most qualified Consultant. Proposer Project Understanding and Approach (Max. 35 Points) Related Project Experience (Max. 35 Points) Project Team and Staff Qualifications (Max. 30 Points) Total Score (Max. 100 Points) 1 Dudek 33 33 28 94 2 TYLin 27 32 23 82 3 GHD Inc.25 25 21 71 Dudek,the proposer with the highest score,provided a clear and practical approach and demonstrated a comprehensive understanding of the scope of work.The technical proposal was well written and showed a good understanding of OC San’s expectations.Dudek provided a detailed approach to prepare a successful design,including a focus on facility operations and maintainability. Additionally,the multi-disciplined team had complementary experience and demonstrated the ability to successfully deliver the project.Therefore,the Evaluation Committee determined that Dudek is the most qualified firm to complete the project. Review of Fee Proposal and Negotiations: Proposals were accompanied by sealed fee proposals.In accordance with OC San’s Purchasing Ordinance,only the fee proposal of the highest-ranked firm was opened after approval of the Evaluation Committee’s recommendation by the Director of Engineering. Staff conducted negotiations with Dudek to clarify the requirements of the scope of work,the assumptions used for the estimated level of effort,and the proposed approach to meet the goals and objectives for the project. These discussions occurred over multiple meetings. The level of effort was increased based on clarifications to the project scope,including additional cost estimating and traffic control support. Orange County Sanitation District Printed on 3/23/2026Page 3 of 4 powered by Legistar™ File #:2025-4499 Agenda Date:4/1/2026 Agenda Item No:2. Original Fee Proposal Negotiated Fee Total Hours 3,847 3,962 Total Fee $1,068,856 $1,140,000 The Consultant’s fringe and overhead costs,which factor into the billing rate,have been substantiated.The contract profit is 8.48%,which is based on an established formula in OC San’s standard design agreements.Staff is requesting a 10 percent contingency to address revisions as the project progresses through preliminary and final design. Based on the above,staff has determined that the final negotiated fee is fair and reasonable for the level of effort required for this project and recommends approval of the Professional Design Services Agreement to Dudek. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations sections 15301.A Notice of Exemption will be filed with the OC Clerk-Recorder and State Clearinghouse following OC San Board of Directors’approval of the Professional Design Services Agreement. FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Budget Update FY 2025-26,Page A-5,MacArthur Pump Station Rehabilitation, Project No. 7-63), and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Professional Design Services Agreement OP:lb Orange County Sanitation District Printed on 3/23/2026Page 4 of 4 powered by Legistar™ PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 1 of 20 PROFESSIONAL DESIGN SERVICES AGREEMENT This PROFESSIONAL DESIGN SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the 22nd day of April, 2026 by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC SAN"), and Dudek, (hereinafter referred to as "CONSULTANT"). WITNESSETH: WHEREAS, OC SAN desires to engage CONSULTANT for MacArthur Pump Station Rehabilitation, Project No. 7-63; and to provide professional design services to replace and rehabilitate existing pump station assets that are reaching their useful life, (Services) and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and WHEREAS, OC SAN has adopted procedures for the selection of professional design services and has proceeded in accordance with said procedures to select CONSULTANT to perform the Services; and WHEREAS, at its regular meeting on April 22, 2026 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. CONSULTANT shall respond to all of OC SAN’s questions, comments, suggestions, corrections, and recommendations (i.e., DS1, DS2, DS3, and FDS). All comments shall be incorporated into the design prior to the next submittal deadline or addressed, in PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 2 of 20 writing, as to why the comment has not been incorporated. CONSULTANT shall ensure that each submittal is 100% accurate for the level of work submitted (i.e., correct references, terms, capitalization, or equal status, spelling, punctuation, etc.) C. In the event that work is not performed to the reasonable 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 CAD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using OC SAN CAD Manual. Conversion of CAD work from any other non-standard CAD format to OC SAN format shall not be acceptable in lieu of this requirement. Electronic files shall conform to OC SAN specifications. Any changes to these specifications by the CONSULTANT are subject to review and approval of OC SAN. Electronic files shall be subject to an acceptance period of 30 calendar days during which OC SAN shall perform appropriate reviews and including CAD Manual compliance. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to OC SAN. E. The CONSULTANT shall ensure that all plans and specifications prepared or recommended under this Agreement allow for competitive bidding. The CONSULTANT shall design such plans or specifications so that procurement of services, labor or materials are not available from only one source, and shall not design plans and specifications around a single or specific product, piece of major equipment or machinery, a specific patented design or a proprietary process, unless required by principles of sound engineering practice and supported by a written justification that has been approved in writing by OC SAN. The CONSULTANT shall submit this written justification to OC SAN prior to beginning work on such plans and specifications. Whenever the CONSULTANT recommends a specific product or equipment for competitive procurement, such recommendation shall include at least two brand names of products that are capable of meeting the functional requirements applicable to the project. F. 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 3 of 20 2. COMPENSATION Total compensation shall be paid to CONSULTANT for the Services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed One Million One Hundred Forty Thousand Dollars ($1,140,000). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, 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. Direct Salary rates for CONSULTANT and its Subconsultants may be adjusted annually on January 1st by mutual agreement of the Parties. Escalation of the salary rate will be in accordance with Consumer Price Index of LA-Orange County Index. This rate is determined by the U.S. Department of Labor Statistics, Consumer Price Index – Los Angeles/ Orange County Metropolitan Area. 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 PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 4 of 20 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. 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 5 of 20 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. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this Agreement. I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Proposal will exceed seventy-five percent (75%) of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 6 of 20 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. 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 within thirty (30) days of invoice receipt 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: 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 7 of 20 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. 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 8 of 20 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 Services performed. Upon full payment to CONSULTANT for Services rendered, 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 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 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 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. 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 9 of 20 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 Agreement (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 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. 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. D. 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 PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 10 of 20 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. E. 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. F. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional liability / errors and omissions insurance coverage with coverage limits of not less than Two Million Dollars ($2,000,000) in accordance with the provisions of this paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the terms 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 or omissions of CONSULTANT during the course of performing services under the terms 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 11 of 20 G. 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. 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: •of insurance form • (General Liability) 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. • Additional Insured (Automobile Liability) OC SAN approval. •subrogation endorsement provided by carrier for OC SAN approval. •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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 12 of 20 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. 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 13 of 20 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. 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 PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 14 of 20 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. Notices shall be mailed to OC SAN at: ORANGE COUNTY SANITATION DISTRICT 18480 Bandilier Circle Fountain Valley, CA 92708 Attention: Yai Phongmekhin, Contracts Administrator Copy: Omeed Pour, Project Manager Notices shall be mailed to CONSULTANT at: Dudek 687 S Coast Highway 101 Suite 110 Encinitas, CA 92024 Attention: Brandon Lacap, Project Manager 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 15 of 20 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. 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: PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 16 of 20 • 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. 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 CONSULTANT’s fees and costs and OC SAN’s PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 17 of 20 general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’s supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 18 of 20 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, but not limited to, the Contractor Safety Standards, as applicable, and Human Resources Policies, all as 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. 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 19 of 20 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. PDSA PROJECT NO. 7-63 Revised 050625 MACARTHUR PUMP STATION REHABILITATION Page 20 of 20 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. DUDEK 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” – Labor Hour Matrix Attachment “C” – Not Attached Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used Attachment “G” – Not Attached Attachment “H” – Not Used Attachment “I” – Cost Matrix and Summary Attachment “J” – Not Attached Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards Attachment "M” – Not Attached Attachment "N” – Not Attached Attachment “O” – Human Resources Policies YP ATTACHMENT “A” SCOPE OF WORK March 2026 7-63 – Design SOW Page 1 of 41 ATTACHMENT "A" SCOPE OF WORK MacArthur Pump Station Rehabilitation Project No. 7-63 March 2026 7-63 – Design SOW Page 2 of 41 TABLE OF CONTENTS 1. PROJECT REQUIREMENTS ................................................................................................................ 5 SUMMARY ...................................................................................................................... 5 1.0.1 Professional Design Engineering Services ..................................................... 5 1.0.2 Professional Licensing requirements ............................................................... 5 BACKGROUND .............................................................................................................. 5 GENERAL PROJECT DESCRIPTION ....................................................................... 6 PROJECT EXECUTION PHASES .............................................................................. 6 DESCRIPTION OF PROJECT ELEMENTS .............................................................. 6 1.4.1 Project Element 1 – Wet Well Rehabilitation .................................................. 6 1.4.2 Project Element 2 – Pump Room Rehabilitation............................................ 7 1.4.3 Project Element 3 – Electrical Room Improvements ..................................... 7 1.4.4 Project Element 4 – Address Hazardous Area Classification ...................... 8 1.4.5 Project Element 5 – Wall Repairs .................................................................... 8 1.4.6 Temporary Facilities During Construction ....................................................... 8 1.4.7 Coordination with Other Projects ..................................................................... 9 DESIGN CONSIDERATIONS ...................................................................................... 9 1.5.1 Technology and configuration choices ............................................................ 9 1.5.2 Design Decisions ................................................................................................ 9 1.5.3 Design Selection Criteria ................................................................................... 9 1.5.4 Construction Cost Estimate ............................................................................... 9 PROJECT SCHEDULE ................................................................................................. 9 1.6.1 General ................................................................................................................. 9 2. PHASE 2 – PRELIMINARY DESIGN .................................................................................................. 10 PRELIMINARY DESIGN EXECUTION ..................................................................... 10 2.0.1 Major Decisions ................................................................................................ 10 PREDESIGN EVALUTION STUDIES (NOT USED) .............................................. 11 PRELIMINARY DESIGN PRODUCTION ................................................................. 11 2.2.1 General ............................................................................................................... 11 2.2.2 Design Memos .................................................................................................. 11 2.2.3 Preliminary Design Drawings .......................................................................... 13 2.2.4 Preliminary Design Report (PDR) Production, Contents and Organization 13 2.2.5 Preliminary Design Cost Estimate ................................................................. 14 PRELIMINARY DESIGN ACTIVITIES ...................................................................... 14 2.3.1 Hazardous Area De-Classification Approach ............................................... 14 2.3.2 Waterproofing Approach .................................................................................. 14 2.3.3 DCS Server Installation Requirements and Approach ................................ 14 2.3.4 Equipment arrangement .................................................................................. 15 2.3.5 Implementation Plan and Construction Sequencing ................................... 15 2.3.6 Easements, Property Boundaries and Work Area Limits ........................... 15 2.3.7 Topographic Survey ......................................................................................... 15 2.3.8 Traffic Control Services ................................................................................... 15 2.3.9 Utility Investigation ............................................................................................ 16 2.3.10 Environmental Documentation ....................................................................... 17 2.3.11 Permitting Assistance....................................................................................... 18 2.3.12 Project Safety Review ...................................................................................... 18 2.3.13 Project Management ........................................................................................ 19 March 2026 7-63 – Design SOW Page 3 of 41 2.3.14 Risk Management ............................................................................................. 20 2.3.15 Quality Control .................................................................................................. 20 PDR WORKSHOPS AND MEETINGS ..................................................................... 20 2.4.1 General ............................................................................................................... 20 2.4.2 PDR Production Workshops ........................................................................... 20 2.4.3 Design memo Workshops ............................................................................... 21 2.4.4 PDR Review Workshops ................................................................................. 21 2.4.5 Maintainability Workshops............................................................................... 21 2.4.6 Technical Progress Meetings ......................................................................... 22 2.4.7 Focused Meetings ............................................................................................ 22 2.4.8 Coordination with Other Projects Meetings .................................................. 23 2.4.9 Stormwater Compliance Meeting ................................................................... 23 3. PHASE 3 – DESIGN ............................................................................................................................ 23 BID DOCUMENTS ....................................................................................................... 23 3.0.1 General ............................................................................................................... 23 3.0.2 Engineering Design Guideline Updates ........................................................ 23 3.0.3 General Requirements and Additional General Requirements ................. 23 3.0.4 Design Submittals ............................................................................................. 24 3.0.5 Cable and Conduit Schedule .......................................................................... 24 3.0.6 Commissioning Plan Materials ....................................................................... 24 3.0.7 Equipment and Instrumentation Database (EID) ......................................... 25 3.0.8 Real IO List ........................................................................................................ 25 3.0.9 Construction Submittal Items List ................................................................... 25 3.0.10 Temporary Facilities During Contruction ....................................................... 25 DESIGN SUPPORT DOCUMENTATION ................................................................. 26 3.1.1 Design Submittal Support Documentation .................................................... 26 3.1.2 Construction Cost Estimate ............................................................................. 27 3.1.3 Construction Schedule ..................................................................................... 27 3.1.4 Procurement Alternatives ................................................................................ 27 DESIGN ACTIVITIES .................................................................................................. 27 3.2.1 Easements, Property Boundaries and Work Area Limits ........................... 27 3.2.2 Topographic Survey ......................................................................................... 27 3.2.3 Utility Investigation ............................................................................................ 28 3.2.4 Fire Protection Services................................................................................... 28 3.2.5 Traffic Control Services ................................................................................... 28 3.2.6 Public Relations ................................................................................................ 28 3.2.7 Environmental Documentation ....................................................................... 28 3.2.8 Permitting assistance ....................................................................................... 28 3.2.9 Project Safety Review ...................................................................................... 28 3.2.10 Project Management ........................................................................................ 29 3.2.11 Risk Management ............................................................................................. 29 3.2.12 Quality Control .................................................................................................. 29 DESIGN WORKSHOPS AND MEETINGS .............................................................. 29 3.3.1 General ............................................................................................................... 29 3.3.2 Design Phase Workshops ............................................................................... 29 3.3.3 Post-DS2 Constructability Workshop ............................................................ 30 3.3.4 Design Phase Meetings ................................................................................... 31 3.3.5 CONSULTANT Office Technical Meetings (COTMs) ................................. 32 3.3.6 Coordination with Other Projects Meetings .................................................. 32 3.3.7 Commissioning Team Meetings ..................................................................... 34 March 2026 7-63 – Design SOW Page 4 of 41 3.3.8 Project Safety .................................................................................................... 34 3.3.9 Construction Submittal Items List Meeting ................................................... 34 3.3.10 Stormwater Compliance Meeting ................................................................... 35 BID PHASE SUPPORT SERVICES ......................................................................... 35 3.4.1 Bid Phase Support Services ........................................................................... 35 3.4.2 Bid Evaluation Assistance ............................................................................... 35 3.4.3 Conformed Document Preparation ................................................................ 35 4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ..................................................... 35 5. PHASE 5 – COMMISSIONING SERVICES ........................................................................................ 35 6. PHASE 6 – CLOSE OUT .................................................................................................................... 35 7. GENERAL REQUIREMENTS ............................................................................................................. 35 GENERAL ..................................................................................................................... 35 7.0.1 OC SAN Engineering Design Guidelines and Strategic Plan .................... 35 7.0.2 Project Phases and Tasks............................................................................... 36 7.0.3 Construction Sequencing and Constraints ................................................... 36 7.0.4 Working Hours .................................................................................................. 36 7.0.5 Standard Drawings and Typical Details ........................................................ 37 7.0.6 Software ............................................................................................................. 37 7.0.7 Submittal Review using Bluebeam ................................................................ 37 7.0.8 Word Track Changes ....................................................................................... 37 7.0.9 GIS Submittals .................................................................................................. 37 8. PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN GUIDELINES .................................. 39 ENGINEERING DESIGN GUIDELINES CHAPTER 01, “DESIGN GUIDELINES – GENERAL REQUIREMENTS” ............................................................................................ 39 8.0.1 Engineering Design Guidelines Chapter 06, “Mechanical Design” ........... 39 9. STAFF ASSISTANCE ......................................................................................................................... 40 10. EXHIBITS ............................................................................................................................................ 40 March 2026 7-63 – Design SOW Page 5 of 41 1. PROJECT REQUIREMENTS SUMMARY 1.0.1 PROFESSIONAL DESIGN ENGINEERING SERVICES A. Provide professional design engineering services for the project described herein including the following: 1. Engineering studies 2. Preliminary Design Report 3. Permitting assistance 4. Preparation of bid documents 1.0.2 PROFESSIONAL LICENSING REQUIREMENTS A. All plans and specifications shall be prepared by a professional engineer licensed in the State of California of the associated discipline. BACKGROUND The existing MacArthur Pump Station (Exhibit 19 – Project Reference Material) is an underground pump station that was built in 1965 and is located on an easement in the City of Newport Beach. The existing pump station is surrounded by commercial land use and is accessed from the west side of MacArthur Blvd, approximately 500 feet north of Von Karman Avenue (Figure 1 – Project Location Map). An existing 21-inch influent pipe conveys flow into the wet well. The existing 12-inch forcemain exiting the pump station was abandoned and replaced with a 10-inch dual forcemain by Project 7-68 (Exhibit 19 – Project Reference Material). In addition, as part of Project 7-68, the existing valve vault was removed and replaced. The assets within the existing pump station are reaching the end of their useful life and require replacement or rehabilitation. A condition assessment of the pump station revealed exposed aggregate with ½”-1” of soft concrete, corroded steel, and corrosion stains in the wet well, and observed significant coating failures and corrosion on the pump supports, pump suction pipe sections, pipe supports, pump casings, and discharge pipes. See Exhibit 19 – Project Reference Material for an evaluation of the existing pump station. A structural evaluation of the pump station found that the overall pump station structure appeared to be in condition, however, moisture intrusion was observed, likely due to groundwater. See Exhibit 19 – Project Reference Material for a structural evaluation of the pump station. For these reasons, OC SAN has decided to rehabilitate the pump station within the boundaries of the existing footprint, extending the life of the existing pump station without a full replacement for another 20 to 30 years. March 2026 7-63 – Design SOW Page 6 of 41 Figure 1 – Project Location Map GENERAL PROJECT DESCRIPTION The project consists of rehabilitating the existing wet well concrete, replacing all existing internal equipment in the pump station and electrical rooms, addressing area classification, and repairing the pump room and electrical room walls. PROJECT EXECUTION PHASES All OC SAN projects are divided into six phases. CONSULTANT shall provide engineering services for all Project Elements listed in this Scope of Work for the following Phases: Phase 1 – Project Development (Not in this Scope of Work) Phase 2 – Preliminary Design Phase 3 – Design Phase 4 – Construction (Not in this Scope of Work) Phase 5 – Commissioning (Not in this Scope of Work) Phase 6 – Close Out (Not in this Scope of Work) DESCRIPTION OF PROJECT ELEMENTS Detailed descriptions of the Project Elements are presented below. 1.4.1 PROJECT ELEMENT 1 – WET WELL REHABILITATION A. The existing soft concrete on the surface of the wet well will be rehabilitated and the internal surface will be lined. March 2026 7-63 – Design SOW Page 7 of 41 B. Assumptions for Level of Effort 1. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element: a. Suction bell elbows will be replaced. b. The existing bubbler system will be demolished and removed in this project. One existing ultrasonic transmitter and one radar level transmitter are to be protected in place. 1.4.2 PROJECT ELEMENT 2 – PUMP ROOM REHABILITATION A. The pump room rehabilitation element consists of the replacement of all internal mechanical equipment. Flowrates (MGD) are shown in the table below: Reported Capacity 2017 PDWF 2017 PWWF 2040 PDWF 2040 PWWF 3.6 1.7 2.3 2.0 2.5 B. The pump room will house the following components and provide the necessary access required for operations and maintenance: 1. Replace existing pumps with (2) dry submersible main sewage pumps (One duty pump and one standby pump – the same size) with pump motors controlled by variable frequency drives (VFDs) that are equipped with constant speed bypass mode of operation. 2. Replace submersible, non-clog sump pump 3. Replace suction, header, discharge pipe, wall spool, wall pipe penetration, pipe supports, and associated valves 4. New flow meter C. Assumptions for Level of Effort 1. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element: a. All new equipment will be replaced within the same footprint. 1.4.3 PROJECT ELEMENT 3 – ELECTRICAL ROOM IMPROVEMENTS A. Replace all existing electrical, mechanical and control equipment including but not limited to the following: 1. (2) Motor control centers (MCCs) 2. (2) Variable frequency drives (VFDs - included with Constant Speed Bypass) 3. Metering Switchboard 4. Utility Switchboard 5. Transformer 6. Panelboards 7. Distributed control system (DCS) Controller 8. Remote Input/Output (RIO) Cabinet (included with DCS Controller) 9. Uninterruptable power supply (UPS) 10. Replace existing selector switch panel and level instruments March 2026 7-63 – Design SOW Page 8 of 41 11. DCS server cabinet with front and rear floor access 12. Redundant DCS servers and supporting communications equipment 13. Operator workstation cabinet 14. Go/No-Go Panel, Lighting and Signage (New) B. Assumptions for Level of Effort 1. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element: a. The Level Measurement system is to be replaced with a combination Ultrasonic and Radar Level Monitoring System per Project No. FE23-03 and to be completed prior to this project. The transmitter panel of the combination ultrasonic and radar level measurement system may need to be re-used and relocated to accommodate for the installation of the new electrical and mechanical equipment in the electrical room. The existing bubbler panel and air compressors will be demolished and removed as part of this project. b. All new equipment will be installed within the existing footprint of the electrical room. 1.4.4 PROJECT ELEMENT 4 – ADDRESS HAZARDOUS AREA CLASSIFICATION A. The existing electrical room does not meet the current fire code and is classified as Class 1 Division 2. There is one existing aboveground supply fan, (1) 14” diameter supply duct in the pump room, and (1) 8” diameter exhaust duct in the electrical room. The existing ventilation system will be replaced with (1) duty and (1) standby fan that meet CCR Title 8 regulations, NFPA 820 and OC SAN design guidelines to declassify the electrical room. 1.4.5 PROJECT ELEMENT 5 – WALL REPAIRS A. The dry well and electrical room wall cracks will be sealed and repaired to prevent corrosion of the wall reinforcing. 1.4.6 TEMPORARY FACILITIES DURING CONSTRUCTION A. In certain cases, construction sequencing constraints may require the Contractor to construct a temporary facility to be used during a certain portion of the construction period. CONSULTANT shall identify in what instances such facilities are required or reasonably warranted and present those instances with implementation plans and construction sequencing constraints to OC SAN for consideration. When such facilities are found to be either required or reasonably warranted, CONSULTANT shall provide sufficiently detailed drawings and specifications to be included in the Bid Documents that bidders understand what is required to provide and potentially operate the temporary facilities and that the reliability and performance of the facilities will meet OC SAN’s needs and reasonably mitigate construction risks. Examples of potential facilities include: 1. A bypass pumping system will be required for temporary handling of flows during construction. Influent flows will be captured at the upstream manhole (SUN0155-0285) and fed to the downstream dual 10” forcemains in the existing valve vault. Manhole SUN0155- 0285 is located in the sidewalk within OC SAN’s easement. The temporary bypass pumping system must comply with OC SAN’s goal of zero sewage spills. 2. Temporary MCC or 480V panelboard to install new electrical equipment 3. Temporary standby power to accommodate the transfer of electrical loads from existing electrical equipment to new electrical equipment and the phasing of the electrical system from the existing standby power electrical distribution equipment and synchronizing controls to the new synchronizing switchgear. March 2026 7-63 – Design SOW Page 9 of 41 1.4.7 COORDINATION WITH OTHER PROJECTS A. The following projects may impact or require coordination with this project. The CONSULTANT shall coordinate with each project and incorporate work restrictions and requirements in the design documents. 1. City of Newport Beach Public Works Department, MacArthur Blvd Paving Improvements 2026-2027. The City of Newport Beach will be performing pavement rehabilitation on MacArthur Blvd from Jamboree Rd to Campus Dr tentatively January 2026. DESIGN CONSIDERATIONS The following design considerations shall be carried out from Preliminary Design through Final Design. 1.5.1 TECHNOLOGY AND CONFIGURATION CHOICES The project elements in this facility shall be achieved using proven technologies. Alternative means of accomplishing the project elements must be reviewed and accepted by OC SAN prior to detailed evaluation. All alternative technologies proposed should be currently operating in other wastewater treatment facilities of similar capacity. 1.5.2 DESIGN DECISIONS Design decisions shall be agreed upon by OC SAN prior to any work being performed by the CONSULTANT in preliminary and detailed design. All design decisions shall be documented. 1.5.3 DESIGN SELECTION CRITERIA A. Design selection shall consider construction, lifecycle, operation, and maintenance costs as well as process benefits and overall quality. When design recommendations are presented to OC SAN, the design selection criteria shall be clearly identified with the recommendation. B. The life cycle cost analysis for the options proposed shall include costs for engineering, construction, start-up, and operational and maintenance, and future rehabilitation and replacement. Life cycle cost analysis is described in Section 01.2.19 of the Engineering Design Guidelines. See Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available online at Document Central | Orange County Sanitation District (ocsan.gov) C. The construction cost estimate shall be as described in the Engineering Design Guidelines, Chapter 15 Construction Cost Estimates. 1.5.4 CONSTRUCTION COST ESTIMATE A. The construction cost estimate shall be as described in the Engineering Design Guidelines, Chapter 15 Construction Cost Estimates. PROJECT SCHEDULE 1.6.1 GENERAL A. The table below lists the time frames associated with each major project deliverable and with OC SAN’s review and approval of those deliverables. CONSULTANT shall comply with the deadlines indicated in that table. B. OC SAN’s Project Manager will issue a Preliminary Design NTP. OC SAN’s Project Manager will also issue a Final Design NTP upon OC SAN’s acceptance of the final Preliminary Design Report. C. The time frames specified below are used to estimate the actual milestone dates based on the assumed NTP date, as shown in Exhibit 8 - Project Schedule Calculation. D. OC SAN will consider an alternative CONSULTANT-proposed schedule provided it is consistent with OC SAN resources and schedule constraints and adds value to OC SAN. March 2026 7-63 – Design SOW Page 10 of 41 PROJECT MILESTONE AND DEADLINES MILESTONE DEADLINE Kickoff Meeting The kickoff meeting will be scheduled to coincide with the Preliminary Design NTP. Preliminary Design NTP Submit draft Preliminary Design Report (PDR) 170 workdays from the Preliminary Design NTP. CONSULTANT shall establish a schedule with the OC SAN PM for separately submitting working drafts of each Design Memo for OC SAN review prior to completing the draft PDR. This schedule shall factor in the logical sequence for completing the memos as well as both CONSULTANT and OC SAN resources. OC SAN Review of draft PDR 20 workdays from receipt of Draft PDR Submit final Preliminary Design Report 40 workdays from receipt of OC SAN comments on Draft PDR. Final Design NTP CONSULTANT’s schedule shall allow 15 working days from submittal of the final PDR to receipt of the Design Phase NTP. Submit Design Submittal 1 (DS1) 80 workdays from Design Phase NTP. OC SAN Review of DS1 15 workdays from receipt of DS1 Submit Design Submittal 2 (DS2) 80 workdays from receipt of OC SAN comments on DS1. OC SAN Review of DS2 20 workdays from receipt of DS2 Submit Design Submittal 3 (DS3) 80 workdays from receipt of OC SAN comments on DS2. OC SAN Review of DS3 20 workdays from receipt of DS3 Submit Final Design Submittal (FDS) 40 workdays from receipt of OC SAN comments on DS3. CONSULTANT shall stop work upon submission of DS3, except as required to participate in OC SAN meetings, until receipt of OC SAN comments on DS3. OC SAN Review of FDS 15 workdays from receipt of FDS Final Technical Specifications and Plans 25 workdays from receipt of OC SAN comments on FDS. 2. PHASE 2 – PRELIMINARY DESIGN The preliminary design phase will define the project. The final deliverable of this phase will be a Preliminary Design Report (PDR) with the basis of design for all elements of the project. PRELIMINARY DESIGN EXECUTION 2.0.1 MAJOR DECISIONS A. The CONSULTANT shall plan the resolution of major decisions through the following process: 1. Identify major decisions early and the timing required to prevent impacts to the project schedule. 2. Identity the decision-making method that will be used to gain OC SAN concurrence and provide appropriate opportunities for OC SAN provide input. March 2026 7-63 – Design SOW Page 11 of 41 3. Identify and schedule at the start of the project the workshops, technical design meetings and focused meetings where major decisions will be made and include a list of attendees required. B. These decisions should be tracked on the Decision Log and flagged as a major decision. The Decision Log shall include a column for cost impact. PREDESIGN EVALUTION STUDIES (NOT USED) PRELIMINARY DESIGN PRODUCTION 2.2.1 GENERAL A. Preliminary Design Report (PDR) production involves the preparation of design memos, drawings, calculations, and other supporting material resulting in the PDR. 2.2.2 DESIGN MEMOS A. The CONSULTANT shall produce Design Memos as indicated with a check box below in accordance with Exhibit 1 - Preliminary Design Report Requirements. The CONSULTANT shall discuss the combining of design memos with OC SAN and develop a design memo submittal list. ☐Process Design Configuration ☐Design Configuration ☐Redundancy ☐Monitoring and Sampling ☐Process Flow Diagrams ☐Operating Philosophies ☐Site and Facility Layouts ☐Preliminary Load Criticality Ranking Table ☒Hydraulic Analysis ☒Static Analysis ☒Dynamic Analysis ☒ Dry Weather Calibration ☒ Wet Weather Calibration ☒ Design Storm Choice Sensitivity Analysis ☐Hydraulic Profile ☒Demolition ☒Describe Demolition Requirements ☒Demolition List ☒Demolition Plans ☒ Demo EID ☒Rehabilitation Requirements ☐Geotechnical Data Report ☐Review of Existing Data - Preliminary Geotechnical Report ☐Geotechnical Data Report and Recommendations ☒Civil Design Parameters ☒General Civil ☐Pavement Requirements ☐Drainage Requirements ☐Corrosion Protection Requirements ☐Utility Requirements ☒Structural Design Parameters ☐Architectural Design Parameters March 2026 7-63 – Design SOW Page 12 of 41 ☒Process Mechanical Design Parameters ☐Building Mechanical Design Parameters ☐Fire Protection ☐Fire Protection Requirements ☐Fire Water Flow Analysis ☐Fire Protection Requirements for Existing Facilities ☒Electrical ☒Codes/standards. Brief description of electrical system. Electrical drawings. ☐Identify Electrical System Impacts ☐Report – Data Collection and Verification ☒Preliminary Load List ☒Preliminary Standby Power Requirements ☐ETAP – Preliminary Short Circuit Analysis and Load Flow/Voltage Drop Studies ☐ETAP – Provide Data. OC SAN will perform ETAP studies. ☐Preliminary Analysis for cable pull calcs, ductbank cable derating, cable tray fill calcs. ☒Hazardous Area Classification Requirements ☒Instrumentation and Control ☒Instrumentation and Control System ☒DCS Server Requirements ☒Preliminary Real IO List ☒PLC and RIO Panel Location Map ☒CCTV Coverage Map ☐Landscaping ☐Landscaping Requirements ☐Develop up to three alternative concepts for review and acceptance ☐Plant Utility Investigation Findings ☒Vibration Analysis ☒Collections Basis of Design ☒Codes and Standards ☐Pipeline Basis of Design ☐Manhole Basis of Design ☒Collections Rehabilitation Alternatives ☒Wet Well Rehabilitation ☐Manhole Rehabilitation ☐Collections Pipeline Design Assume 3 viable alignment options ☐Design Memo Items 1-12 ☐Open-cut vs. Trenchless Technologies ☐Trenchless Technologies at Major Closings ☐Collections Utility Investigation Findings ☒Collections Conceptual Traffic Control ☒AHJ and Traffic Control Identification ☒Basis for Traffic Control Strategy ☐Traffic Analysis ☒Traffic Control Plans ☒Design Safety Requirements ☒Design Safety Requirements ☒Identify all potential project specific safety issues ☒Identify all potential Cal OSHA and OC SAN safety issues ☒Identify construction safety hazards March 2026 7-63 – Design SOW Page 13 of 41 ☒Project Safety Checklist (Exhibit 11) and Full Project Safety Review Plan (Exhibit 12) to verify safety elements ☐HAZOP ☒Public Impacts ☒Environmental and Regulatory Requirements ☒CEQA Part of Programmatic EIR ☐Determine project environmental and regulatory requirements ☐Matrix of CEQA and Permit Requirements ☐Mitigation, Monitoring and Reporting List ☒Permit Requirements ☒List of Permits Required ☐Oil Well Abandonment ☐Stormwater Requirements ☐Hazardous Material Survey, Mitigation and Control ☒Maintainability ☒Define Maintainability Requirements ☒Maintainability Requirements Plan Drawings ☒Define Maintainability Rules ☐Define Maintainability Information for Project Specific Equipment ☒Facility Operation and Maintenance ☒Facility O&M Requirements ☒Operating Philosophies ☐Preliminary Assessment of O&M Staffing Requirements ☒Implementation Plan ☒Identification of Adjacent Projects ☒Preliminary Commissioning Checklist ☒Preliminary Construction Sequencing Plan ☒Review of Constructability Issues ☒Temporary Handling of Flow ☒Construction Odor Monitoring and Mitigation ☒Preliminary Technical Specification List 2.2.3 PRELIMINARY DESIGN DRAWINGS A. The CONSULTANT shall produce the following Preliminary Design Report drawings in accordance with Exhibit 1 - Preliminary Design Report Requirements. ☒General ☒Demolition ☒Civil ☐Landscape ☒Structural ☐Architectural ☒Mechanical ☒Electrical ☒Instrumentation and Control 2.2.4 PRELIMINARY DESIGN REPORT (PDR) PRODUCTION, CONTENTS AND ORGANIZATION A. Preliminary Design Report (PDR) Production involves the preparation of design memos, drawings, calculations, and other supporting material resulting in the PDR. March 2026 7-63 – Design SOW Page 14 of 41 B. The CONSULTANT shall combine the materials described below into a draft PDR. The PDR shall be structured as outlined below, with the contents corresponding to the tasks listed in this Scope of Work. Volume 1 – Preliminary Design Report Technical Memos Executive Summary Design Memos Design Memo 1, 2, 3, etc. List of Proposed Specification Sections Volume 2 – Drawings (see Preliminary Design Drawings list below) Volume 3 – Submittal Documentation Calculations Equipment Data & Catalog Cuts Decision Log Meeting Minutes Exhibit 11 - Project Safety Checklist Exhibit 12 – Full Project Safety Review Plan C. The Executive Summary shall summarize the conclusions of the Memos included in the report and specifically include a summary construction schedule and construction cost estimate. D. The draft PDR and final PDR shall be submitted in searchable PDF format legible on-screen and as a hard copy. The number of hard copies is indicated in Exhibit 9 - Deliverables Quantities. The labeling and organization of the PDF submittal shall be in accordance with Exhibit 14 - Bluebeam Designer Training for Submission. E. Each evaluation memo and design memo shall be a separate file. F. The OC SAN Project Manager may request that the CONSULTANT submit an electronic proof set of the Draft PDR and Final PDR prior to hard copy production in order to initially confirm that the submittal is ready for printing. 2.2.5 PRELIMINARY DESIGN COST ESTIMATE A. The CONSULTANT shall provide a cost estimate for the associated PDR submittal per Engineering Design Guidelines, Chapter 15 Construction Cost Estimates. PRELIMINARY DESIGN ACTIVITIES The following services shall be provided by the CONSULTANT or an appropriately qualified Subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants, including reviewing their work products prior to submission to OC SAN. 2.3.1 HAZARDOUS AREA DE-CLASSIFICATION APPROACH A. The CONSULTANT shall evaluate the existing ventilation to the pump and electrical rooms and determine the ventilation needed to declassify the electrical room per NFPA 820. Include recommendations in the Electrical Design Memo. 2.3.2 WATERPROOFING APPROACH A. Determine a waterproofing system for the pump room based on the structure design life, constructability, and cost benefit. Include recommendations in the Structural Design Memo. 2.3.3 DCS SERVER INSTALLATION REQUIREMENTS AND APPROACH A. The CONSULTANT shall review the environmental and electrical requirements for the DCS servers and determine an installation method suitable for the location. The appropriate enclosure will need to have front and rear access from the floor. Clearances on the backside of the DCS server do not need to meet the OC SAN Engineering Design Guidelines Electrical Design Criteria minimum clearance requirement so long as operations staff are able to access the rear of the DCS server. Some server racks can be pulled out and March 2026 7-63 – Design SOW Page 15 of 41 rotated, allowing access to the back, which is acceptable for the new DCS server design. The servers will have redundant power supplies which shall be fed from separately derived sources, with one source being UPS. Power quality will need to be evaluated, and conditioning provided as needed. The appropriate enclosure will have at least 25% of spare rack space for future equipment and capable of supporting those additional loading requirements. 2.3.4 EQUIPMENT ARRANGEMENT A. CONSULTANT shall evaluate the equipment arrangement at the pump station. This includes ensuring accessibility for operating and maintaining equipment and ensure adequate working spaces. 2.3.5 IMPLEMENTATION PLAN AND CONSTRUCTION SEQUENCING A. CONSULTANT shall prepare an implementation plan with construction sequencing. This includes identifying temporary facilities that will be required, and the means to operate them, during construction. 2.3.6 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS A. The CONSULTANT shall identify easement and property boundary requirements based on available record drawings and the survey/mapping information from Project 7-68 as well as the City of Newport Beach MacArthur Blvd Final Street Improvement plans provided to the CONSULTANT. Unless otherwise directed, the CONSULTANT shall identify, and show all property boundaries, and all existing and proposed easements, within and/or adjacent to the project boundaries. B. CONSULTANT shall show and explicitly identify the limits of work for all portions of the project, including any restrictions to the work allowed in any area, e.g., whether the area can be used for parking or laydown. 2.3.7 TOPOGRAPHIC SURVEY A. OC SAN will provide the survey information from Project 7-68 as well as the City of Newport Beach MacArthur Blvd Final Street Improvement plans to the CONSULTANT for use on the project. B. The basis of bearings and benchmarks shall be indicated on the drawings. Control shall reference the Coordinate System and datum per OC SAN CAD STANDARDS MANUAL (CAD Manual), latest edition. CONSULTANT’s project schedule shall account for the above. C. Control Surveys for Collection Systems 1. Base Map: The base map index contours shall be spaced at five feet (5’) vertically and the immediate contours shall be spaced at one-foot (1’) contour intervals. The mapping shall include digital topographic mapping. The digital format shall be compatible with OC SAN Graphic Information System (GIS). All surface features, including those hidden from aerial view shall be incorporated into the digital mapping. 2. Plan and Profile Sheets: CONSULTANT shall prepare plan and profile sheets based upon the aerial mapping. The scale for plan and profile sheets shall be one inch equals forty feet (1” = 40’) horizontal and one inch equals four feet (1” = 4’) vertical. An aerial photographic (photo strip) with the alignment shall be included. The plan view shall be separate from the photo strip. Intersections shall be adequately detailed at a scale of one inch equals ten feet (1” = 10’) or one inch equals twenty feet (1” = 20’). Manholes and other details shall be drawn at a scale that is adequate to provide clarity and sufficient detail for construction. The pump station construction drawings shall be drafted at scales of 1/8” = 1’ to 1” = 20’, as adequate, to allow for sufficient detail to be shown. The basis of bearings and benchmarks shall be indicated on the drawings. 2.3.8 TRAFFIC CONTROL SERVICES March 2026 7-63 – Design SOW Page 16 of 41 A. CONSULTANT shall secure the services of a Subconsultant to determine the traffic control requirements and assist corresponding subconsultants in obtaining approval from the City of Newport Beach. 2.3.9 UTILITY INVESTIGATION A. To better manage the risks associated with construction excavation, CONSULTANT shall perform a thorough search of all utilities impacted by the work for all applicable Project Elements of this Scope of Work, regardless of size and all other facilities above or below ground. Utilities include all utility company-owned and public agency-owned piping, duct banks, and other interferences. The search shall include utilities within the public right-of-way, and those located on private property and OC SAN property impacted by the proposed project. The search shall include the records and plans of OC SAN and all respective public and private companies and utilities. B. Review of OC SAN Records 1. OC SAN’s “As-built/Record” plans may be incomplete or inaccurate with respect to the routing of individual utilities, pipelines, etc. in the vicinity of the project. CONSULTANT shall check OC SAN records against those of the other agencies, companies and utilities. These may include, but not be limited to, oil, gas, fuel, water, and sewer pipelines; traffic control facilities, telephone and electrical conduit and duct banks, storm drains, manholes, and other structures. C. Review of Outside Agency Records 1. CONSULTANT shall contact, in writing, all jurisdictional agencies and utility owners to inform them of OC SAN’s project. CONSULTANT shall request plans showing all the agency’s or utility’s facilities, pipelines, etc. in the project area. CONSULTANT shall also request plans and schedules for all proposed construction in the project areas. CONSULTANT shall develop a schedule to minimize project conflicts and/or coordinate OC SAN projects with local agencies. 2. CONSULTANT shall personally visit each agency/company and search through all available plans, files, and documents. CONSULTANT shall meet with applicable field staff from each agency to confirm the completeness of their research. Abandoned utilities shall also be considered. 3. CONSULTANT shall document the contacts and information requested and received, including that from Underground Service Alert (USA). OC SAN shall be copied on all correspondence between CONSULTANT and public and private agencies, and utility companies. CONSULTANT shall submit a copy of all documentation to OC SAN with an itemized submittal letter. CONSULTANT’s Project Manager shall sign the transmittal cover letter, and the cover letter shall confirm that CONSULTANT has sent a representative to each agency/company/utility, performed on-site inspections for each utility, and has listed the utilities. 4. CONSULTANT shall contact USA and request a Substructure listing for the project area. D. On-Site Inspection 1. An on-site inspection shall be conducted in the project area. During the on-site inspection, a senior-level CONSULTANT representative shall walk the site accompanied by OC SAN’s Project Engineer and Supervising Inspector. The CONSULTANT representative shall be experienced in the location and identification of utilities in the field. During the on- site inspection the CONSULTANT shall document all visible features that indicate utilities within the project area and compare them with the available utility plans. E. Utilities for Adjacent Properties March 2026 7-63 – Design SOW Page 17 of 41 1. CONSULTANT shall investigate all utilities serving properties adjacent to the work, and submit a spreadsheet at the end of the utility research accounting for all anticipated utilities for OC SAN review, with the following information: a. List all utilities anticipated or each adjacent property. b. Indicate whether or not each such utility was found on as-built drawings of any agency, with an identification of the agencies identifying such utility. c. Indicate whether or not the utility was field located by utility through USA process, and, if so, by which agency. F. Subsurface Utility Investigations 1. Investigation of existing utilities shall be in accordance with the respective ASCE guidelines, except as amended by this Scope of Work. A brief description of the ASCE guidelines defines the Quality Level of detail for researching subsurface utilities as follows: a. Quality Level D: Information derived from existing records or oral recollections. b. Quality Level C: Information obtained by surveying and plotting visible above- ground utility features and by using professional judgment in correlating this information to Quality Level D information. c. Quality Level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate position of subsurface utilities. Quality Level B data shall be reproducible by surface geophysics, such as ground penetrating radar, at any point of their depiction. This information is surveyed to applicable tolerances and reduced onto plan documents. d. Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed subsurface and surveyed utilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on the plan documents. Accuracy is typically set to 15-mm vertical and to applicable horizontal survey and mapping accuracy. 2. Refer to CI/ASCE 38-22, Standard Guidelines for Collection and Depiction of Existing Subsurface Utility Data for details. 3. CONSULTANT shall determine all utilities impacted by the work for all applicable Project Elements of this Scope of Work. Utilities include utility company-owned, and public agency- owned piping, duct banks, and other interferences. All utilities encountered during the preliminary design shall be shown on the plans. 4. Subsurface investigation for all utilities in and around the work area shall be performed to Quality Level D and Quality Level C. All utilities shall be plotted both in plan and profile on a scaled drawing that can later be incorporated into scaled (1” = 40’) plan drawings. 2.3.10 ENVIRONMENTAL DOCUMENTATION A. CONSULTANT services related to Environmental Documentation may span across Phase 2 – Preliminary Design and Phase 3 - Design. When such services are required, they shall be based on the requirements of Section III – Project Schedule and based on the following requirements. The CONSULTANT shall allocate the budgeted hours between the Environmental Documentation services in Phase 2 and Phase 3 based on when these services will be required. B. CEQA Documentation Support 1. OC SAN expects that a Notice of Exemption (NOE) will be required for this project. OC SAN will separately arrange for preparation of required NOE. March 2026 7-63 – Design SOW Page 18 of 41 2.3.11 PERMITTING ASSISTANCE A. CONSULTANT services related to Permitting Assistance may span across Phase 2 – Preliminary Design and Phase 3 - Design. When such services are required, they will be based on the requirements of Section III – Project Schedule and the schedule constraints associated with each particular permit. The CONSULTANT shall allocate the budgeted hours between the Environmental Documentation services in Phase 2 and Phase 3 based on when these services will be required. B. For all applicable Project Elements of this Scope of Work, CONSULTANT shall provide Bid Documents that ensure that the facility features and the facility performance, and construction procedures comply with all conditions of existing permits and permits required to construct this project. Construction drawings, specifications and supplemental drawings shall be prepared, as necessary, in the format required to obtain all permits. C. CONSULTANT shall assist OC SAN in obtaining permits. This assistance shall include completing application forms provided by OC SAN, preparing supporting documentation for the permit applications as required by the issuing agency, furnishing the required number of copies of all construction drawings and exhibits, and attending meetings with permitting agencies at the request of OC SAN. D. With the exception of construction contractor-furnished permits, OC SAN staff will execute all applications. All permit fees will be paid directly by the OC SAN and will not be part of CONSULTANT’s fee. E. CONSULTANT shall submit all supporting documentation in a timely fashion for all permits required for this project as described below. F. City / County Encroachment Permits 1. City of Newport Beach a. The CONSULTANT shall assume 2 meetings at 2 hours each. G. Stormwater Permitting 1. CONSULTANT shall determine and specify the preliminary Risk Level and Project Type using the California State Water Resources Control Board’s Storm Water Multiple Application and Report Tracking System (SMARTS) based on the R-Factor obtained from US EPA’s online Rainfall Erosivity Factor Calculator for Small Construction Sites. 2. CONSULTANT shall prepare the specification for stormwater using OC SAN’s respective master specification as a starting point. CONSULTANT shall not begin work on editing the specification until OC SAN has approved the CONSULTANT’s preliminary Risk Level and Project Type. 3. It is OC SAN’s intent to design linear underground/overhead projects (LUP) to LUP Type 2 requirements, whenever possible, which is often the most economical approach. CONSULTANT shall coordinate with the OC SAN Project Manager and OC SAN Environmental Compliance Division and edit Stormwater Pollution Prevention Plant specifications accordingly. 2.3.12 PROJECT SAFETY REVIEW A. CONSULTANT shall prepare Exhibit 11 Project Safety Check List and Exhibit 12 – Full Project Safety Review Plan for review with OC SAN Risk Management during the Preliminary Safety Review Plan Workshop. The workshop shall be held at OC SAN offices and no more than 4 hours. (held 4 weeks prior to draft PDR). B. Moderator 1. CONSULTANT shall provide a suitably qualified moderator to conduct the Workshops to review project safety topics contained in Exhibit 11 - Project Safety Check List and March 2026 7-63 – Design SOW Page 19 of 41 Exhibit 12 - Full Project Safety Review Plan. The moderator shall have the following attributes: a. Sufficiently technically knowledgeable to understand the nature of the safety risks involved, but the moderator need not be a subject matter expert. b. Not extensively involved in the project to date, so that the moderator has no personal stake in the issues. CONSULTANT’s Project Manager and Project Engineers for this project are not considered suitable. c. Employed by CONSULTANT, a Subconsultant, or a specific individual. 2.3.13 PROJECT MANAGEMENT A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution, schedule, budget, subconsultants, and coordination with other projects. The CONSULTANT shall perform the project management requirements in accordance with Exhibit 3 - Project Management Requirements with the project specific options identified below. B. Progress Reporting ☐Earned Value Curve and Budget Status Graph ☒Milestone-Based Tracking C. Project Management Plan (PMP): ☒Not required ☐Required ☐PMP approval prior to beginning technical work on the project. D. Project Logs ☒Major Decision Log ☒Project Decision Log ☒Action Item Log ☒Decision Issues Log ☒Meeting Log ☒Risk Register E. Breakdown Structure (WBS) 1. The WBS shall serve as the unified framework for organizing and reporting project work. It will be jointly developed by OC SAN and the CONSULTANT and used for invoicing, monthly progress reporting, scheduling, and earned value management. 2. By establishing this structure collaboratively, OC SAN and the CONSULTANT ensure that all reporting and tracking activities are consistent, comparable, and based on a shared understanding of the project work. 3. The WBS must accommodate the cost codes as shown below F. Progress Report ☐Not required ☒Required G. Project Invoices March 2026 7-63 – Design SOW Page 20 of 41 1. Estimating earned value, tasks shall be further broken down to subtasks of no more than $100,000. 2. Costs for invoicing shall be grouped into the following work packages: Work Package Description Tasks 3146 Preliminary Design All Phase 2 tasks, except those listed above. 3250 CONSULTANT Services During Design Tasks 3.1 through 3.4, and 3.6 through 3.12 3254 Bid Support Services Task 3.5 2.3.14 RISK MANAGEMENT A. CONSULTANT shall provide risk management in accordance with Exhibit 4 – Risk Management Requirements. 2.3.15 QUALITY CONTROL A. The CONSULTANT shall provide quality control requirements in accordance with Exhibit 6 - Quality Control Requirements. PDR WORKSHOPS AND MEETINGS 2.4.1 GENERAL A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in accordance with Exhibit 5 - Workshop and Meeting Requirements. 2.4.2 PDR PRODUCTION WORKSHOPS A. Predesign Kickoff Workshop 1. A two-hour project kick-off meeting shall be held with OC SAN staff to introduce principal members of OC SAN and CONSULTANT’s teams. The discussion topics shall include OC SAN responsibilities, CONSULTANT’s responsibilities, invoice procedures, personnel badges, parking, site access, CONSULTANT’s Scope of Work, detailed project schedule with milestones, Work Breakdown Structure requirements, and project safety requirements. B. PDR Production Workshops shall be held during Preliminary Design to review project progress during PDR Production. The subjects to be covered in each workshop are discussed below. Each workshop shall be 2 hours in length. C. PDR Production Workshops shall be held during Preliminary Design to review the topics listed below. The list below also indicates the number of workshops to be held to cover the specific topic. Unless otherwise noted, each workshop shall be 2 hours in length. March 2026 7-63 – Design SOW Page 21 of 41 PDR PRODUCTION WORKSHOPS TOPIC NUMBER OF WORKSHOPS PDR Production Workshops: Hydraulic Analysis and Mechanical Process Design 1 Electrical, Hazardous Area Classification, Instrumentation, and Control 3 Maintainability, Facilities Operation and Maintenance, and Vibration Analysis 1 Hazardous Materials, Design Safety Requirements, Permit Requirements and Traffic Control 1 Environmental, Stormwater, Public Impacts and Regulatory Requirements 1 Implementation Plan and Construction Sequencing 1 2.4.3 DESIGN MEMO WORKSHOPS A. CONSULTANT shall hold workshops to present and review the Design Memos as required in Exhibit 5 - Workshop and Meeting Requirements. 2.4.4 PDR REVIEW WORKSHOPS A. CONSULTANT shall hold the following workshops to review the draft Preliminary Design Report as required in Exhibit 5 - Workshop and Meeting Requirements: 1. Draft PDR Presentation Workshop 2. Draft PDR Review Workshop 3. PDR Validation Workshop 2.4.5 MAINTAINABILITY WORKSHOPS A. A maintainability workshop shall be held after draft floor plans have been developed to: 1. Review the working space around equipment, accessibility requirements, specific activities required to be performed by maintenance staff, ease of servicing for equipment and devices, means to removing equipment from the point of installation to a location outside the facility, pump placement, and vibration minimization. 2. The workshop shall be used to develop a set of project maintainability design rules based on the requirements in Chapter 7 of the Engineering Design Guidelines, coordination with OC SAN staff, lessons learned from prior projects, CONSULTANT staff expertise, and manufacturer data. 3. The CONSULTANT shall research and provide the following maintainability information for the workshop: a. Main sewage pumps b. Operations and Maintenance (O&M) staff including staff from Maintenance Reliability and Planning must be involved in the establishment of the maintainability design rules. B. The maintainability workshop shall be held at OC SAN’s facilities and shall generally be 2 hours in length. OC SAN and CONSULTANT staff shall attend this workshop. March 2026 7-63 – Design SOW Page 22 of 41 C. A follow up maintainability workshop shall be held at OC SAN’s facilities to review the draft project maintainability design rules. D. The project maintainability design rules shall be followed during detailed design. E. CONSULTANT shall be responsible for completing the following tasks relative to the workshop: 1. Prepare package for the maintainability workshop participants. The package shall consist of plans, process flow diagrams, P&IDs and other information selected by CONSULTANT. 2. Prepare presentation on the project. 3. Review 3D model if applicable to the project. 4. Summarize the maintainability review workshop comments and action taken on each comment in a memorandum. 5. All comments and recommendations of the workshop and the project maintainability design rules shall be incorporated into the Maintainability Design Memo and the bid documents. 2.4.6 TECHNICAL PROGRESS MEETINGS A. Technical Progress Meetings shall be held every 4 weeks to review various issues with OC SAN’s project team. A total of 12 meetings shall be held during the Preliminary Design Phase. The CONSULTANT shall coordinate with the OC SAN Project Manager to determine what topics will be covered in what meetings, and what OC SAN and CONSULTANT team members are required for each. Assume CONSULTANT Project Manager and Project Engineer will attend every progress meeting. 2.4.7 FOCUSED MEETINGS A. Focused meetings shall be held throughout preliminary design to discuss specific issues in detail and generate comments and direction from OC SAN staff. The following tentative list of topics may be covered in these meetings: 1. Quality control plan 2. Permits 3. OC SAN Contractor Safety Standards and other safety requirements 4. City of Newport Beach requirements 5. Instrumentation and control upgrades 6. DCS server and cabinet requirements 7. Sample P&ID; basis for equipment tag numbering 8. Sample control descriptions 9. Sample EID database 10. Sample Real IO List database 11. Data network block diagram/network connection diagram 12. I/O relocation plan 13. Electrical distribution system, system controls and the related upgrades 14. Single-line diagrams and electrical demolition 15. Construction sequencing 16. Coordination with other projects March 2026 7-63 – Design SOW Page 23 of 41 B. Meeting lengths shall be as required to cover the topic in question. Depending on subject matter and attendees, one meeting may cover multiple subjects. CONSULTANT shall determine how many meetings will be needed to cover these topics. CONSULTANT may suggest additional topics as necessary. Supplementary meetings may be scheduled with OC SAN staff, as necessary to allow coordination between CONSULTANT and OC SAN staff. 2.4.8 COORDINATION WITH OTHER PROJECTS MEETINGS A. The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. CONSULTANT shall coordinate potential conflicts with the following adjacent projects and participate in the number of meetings indicated in the following table: PROJECT COORDINATION MEETINGS PROJECT PROJECT DESCRIPTION COORDINATION MEETINGS City of Newport Beach Paving Project Paving of MacArthur Blvd 2 meetings @ 2 hours 2.4.9 STORMWATER COMPLIANCE MEETING A. A formal meeting shall be held with OC SAN’s stormwater compliance staff to review the project scope and identify all issues during and after construction affecting compliance with stormwater regulatory requirements and OC SAN’s policies and practices. 3. PHASE 3 – DESIGN BID DOCUMENTS 3.0.1 GENERAL A. CONSULTANT shall provide engineering services to prepare biddable plans, technical specifications, and other Bid Documents as required based on the design concepts and criteria developed during Phase 2 – Preliminary Design. In this Scope of Work, construction documents include specifications; drawings; cable, conduit and cable tray schedules; commissioning plan materials; equipment and instrumentation database (EID); Real IO List; and bypassing plans. 3.0.2 ENGINEERING DESIGN GUIDELINE UPDATES A. All changes in OC SAN’s Engineering Standards, OC SAN’s Design Guidelines, and/or changes in design concepts and facility layouts as a result of OC SAN comments that may occur up to transmittal of OC SAN comments on Design Submittal 2, a be incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to-Exceed upper limit on fees. 3.0.3 GENERAL REQUIREMENTS AND ADDITIONAL GENERAL REQUIREMENTS A. The following are the minimum Additional GRs topics required for this project: ☒Summary of Work ☒Work Sequence ☒Work Restrictions ☒Permits ☒Environmental Restrictions and Controls ☒Measurement and Payment (includes Mobilization/Demobilization) ☒Shipping, Storage and Handling ☒Project Control Management System (PMWeb construction management software) ☒Equipment Service Manuals ☒Equipment and Instrument Database (EID) ☒Commissioning March 2026 7-63 – Design SOW Page 24 of 41 ☒Training of OC SAN Personnel ☒Hazardous Materials Mitigation and Controls ☒Traffic Control 3.0.4 DESIGN SUBMITTALS A. The CONSULTANT shall produce the following design submittals as indicated below in accordance with Exhibit 2 - Design Requirements. If a design submittal is eliminated, then the design submittal shall include the requirements associated with the required design submittal along with the requirements associated with the previous unchecked design submittals. ☒Design Submittal 1 ☒Design Submittal 2 ☒Design Submittal 3 ☒Final Design Submittal ☒Final Technical Plans and Specifications B. Continuing Work After Design Submittal Submission ☒CONSULTANT is expected to continue design work on the project while OC SAN staff reviews Design Submittal 1 and Design Submittal 2. For Design Submittal 3, CONSULTANT shall stop all design work until receipt of OC SAN comments on that submittal. ☐CONSULTANT is expected to stop design work on the project until OC SAN staff completes the review of each Design Submittal. 3.0.5 CABLE AND CONDUIT SCHEDULE ☒CONSULTANT shall put the cable and raceway schedule on the drawings. CONSULTANT may utilize an Excel spreadsheet and copy the spreadsheet onto the drawings. ☐CONSULTANT shall utilize OC SAN’s Microsoft Access Cable and Raceway Schedule database electronic format. See exhibit titled “Cable Conduit and Tray Schedule Database”. 3.0.6 COMMISSIONING PLAN MATERIALS A. The CONSULTANT shall provide a commissioning plan materials in accordance Exhibit 2 - Design Requirements. B. Specification Section 01810, Commissioning and Specification Section 01810, Attachment A Commissioning Procedures ☐OC SAN will prepare Section 01810 ☒CONSULTANT shall prepare Section 01810 Attachment A ☒CONSULTANT shall edit Section 01810 C. The CONSULTANT shall provide a commissioning plan FAT Narrative in accordance Exhibit 2 - Design Requirements. ☒CONSULTANT shall prepare FAT Narrative/Commissioning Plan (for all Systems) D. ORT Procedures ☐OC SAN will prepare ORT procedures for standard templates ☒CONSULTANT shall prepare ORT procedures using OC SAN’s ORT procedure generator ☐CONSULTANT shall prepare new ORT procedures (not in standard templates) E. Pre-FAT Procedures ☐Pre-FAT procedures not required ☐OC SAN will prepare Pre-FAT procedures ☒CONSULTANT shall prepare Pre-FAT procedures March 2026 7-63 – Design SOW Page 25 of 41 F. FAT Procedures ☐OC SAN will prepare FAT procedures ☒CONSULTANT shall prepare FAT procedures ☒CONSULTANT shall prepare FAT Narratives G. RAT Procedures ☐RAT procedures not required ☐OC SAN will prepare RAT procedures ☒CONSULTANT shall prepare RAT procedures H. PAT Procedures ☒PAT procedures not required ☐OC SAN will prepare PAT procedures ☐CONSULTANT shall prepare PAT procedures 3.0.7 EQUIPMENT AND INSTRUMENTATION DATABASE (EID) ☐EID is not required. ☐OC SAN will develop the EID in accordance Exhibit 2 - Design Requirements. ☒CONSULTANT shall develop EID in accordance Exhibit 2 - Design Requirements. 3.0.8 REAL IO LIST ☐Real IO List is not required. ☐OC SAN will develop the Real IO List in accordance Exhibit 2 - Design Requirements. ☒CONSULTANT shall develop the Real IO List in accordance Exhibit 2 - Design Requirements. 3.0.9 CONSTRUCTION SUBMITTAL ITEMS LIST ☐OC SAN will develop the Construction Submittal Items List in accordance with Exhibit 18 - Project Control Management System. ☒CONSULTANT shall develop the Construction Submittal Items List in accordance with Exhibit 18 - Project Control Management System. 3.0.10 TEMPORARY FACILITIES DURING CONTRUCTION ☐Temporary facilities and bypass pumping are not required. ☐Temporary facilities and bypassing during construction are required, as described under the “Temporary Facilities During Construction” paragraph under the Project Elements, and shall be described in words on the drawings and technical specifications. ☒Detailed plans and work sequence for temporary facilities and bypassing during construction, as described under the “Temporary Facilities During Construction” paragraph under the Project Elements. A. CONSULTANT shall design measures for the temporary handling of flows to be implemented by the Contractor during construction considering OC SAN’s goal of zero sewage spills. B. If existing facilities such as valves, gates, stop logs, etc. are being used for shutdowns or diversions, include a plan for testing those facilities during Phase 3 – Design to verify that they will function adequately for the purpose. If testing cannot be performed, CONSULTANT shall identify the risks associated with using the facility for bypassing, along with contingency plans and mitigation measures to be implemented if they are found not function adequately during construction. March 2026 7-63 – Design SOW Page 26 of 41 DESIGN SUPPORT DOCUMENTATION 3.1.1 DESIGN SUBMITTAL SUPPORT DOCUMENTATION A. The CONSULTANT shall provide a Design Submittal Support Documentation in accordance Exhibit 2 - Design Requirements. B. Design Information 1. CONSULTANT shall include the following material with each Design Submittal: a. CONSULTANT shall maintain the Project Logs specified under Phase 2 Project Management through Phase 3. Current copies of all logs shall be included with each Design Submittal. b. Written response log to OC SAN comments on the previous submittal. c. CEQA and Regulatory Compliance Matrix. This matrix shall list each applicable CEQA mitigation requirement and all known permit requirements with the corresponding description of how each requirement is to be satisfied. Measures to satisfy requirements might be in the GRs, Additional GRs, particular specification requirements, or actions taken separately from the construction contract. d. Calculations e. Proposed list of suppliers to be named in the specifications for major equipment f. Draft or final Fire Protection Reports not submitted in the previous submittal and those revised since the previous submittal. g. Draft or final Field Findings Reports not submitted in the previous submittal and those revised since the previous submittal. h. Equipment data sheets i. Equipment catalog cuts and vendor quotations. j. Commissioning Package List: The Preliminary Commissioning Package List first developed in the PDR Production Phase shall be updated in each Design Submittal and used as a starting point to develop the list of commissioning procedures. k. All memos that may have been prepared since the previous submittal was delivered. C. Facility Operation and Maintenance ☐Not required. ☒Update operating philosophies ☐Update estimates of Operation and Maintenance staffing requirements D. Electrical Design Documentation ☐Electrical design documentation is not required. ☐Updated Electrical Load Criticality Table ☐Electrical Analysis Report ☒Load list for all equipment ☒Equipment sizing from three manufacturers for motor control centers, switchgear, transformers and power panels ☒Lighting calculations ☒Standby generator sizing calculations ☒Uninterruptable power supply (UPS) sizing calculations ☐Ductbank cable pulling tension, derating and cable tray fill calculations March 2026 7-63 – Design SOW Page 27 of 41 E. Power System Studies ☐ETAP is not required. ☐Plant ETAP model for the project performed by OC SAN. ☐Plant ETAP model for the project performed by CONSULTANT. ☒Electrical Systems Analysis Report performed by CONSULTANT. 3.1.2 CONSTRUCTION COST ESTIMATE A. The CONSULTANT shall provide a cost estimates for the associated design submittal indicated below in accordance with the Engineering Design Guidelines, Chapter 15 Construction Cost Estimates. ☒ PDR ☒Design Submittal 1 ☒Design Submittal 2 ☒Design Submittal 3 ☒Final Design Submittal ☒Final Technical Plans and Specifications ☒Post-Bid Evaluation 3.1.3 CONSTRUCTION SCHEDULE A. The CONSULTANT shall provide a Preliminary Construction Schedule for the associated design submittal indicated below in accordance with Exhibit 2 - Design Requirements. ☐Construction Schedule is not Required ☒Design Submittal 1 ☒Design Submittal 2 ☒Design Submittal 3 ☒Final Design Submittal 3.1.4 PROCUREMENT ALTERNATIVES A. The CONSULTANT shall recommend the appropriate procurement alternatives as described in Exhibit 2 - Design Requirements. ☒Procurement alternatives not required ☐Procurement alternatives required DESIGN ACTIVITIES The following services shall be provided by the CONSULTANT or an appropriately qualified Subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants, including reviewing their work products prior to submission to OC SAN. 3.2.1 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS A. CONSULTANT services related to Easements, Property Boundaries and Work Area Limits on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required. 3.2.2 TOPOGRAPHIC SURVEY A. CONSULTANT services related to Topographic Survey on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required. March 2026 7-63 – Design SOW Page 28 of 41 3.2.3 UTILITY INVESTIGATION A. CONSULTANT services related to Utility Investigation on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required. B. Final Design Submittal Utility Coordination Reviews 1. During DS3 submittal review, the CONSULTANT shall meet with outside agencies to verify any changes made by agency during the final design period and compare them with the Contract Drawings. CONSULTANT shall follow through with due diligence on utilities that do not participate in the USA program, unknown owner of a facility and/or abandoned utilities. 2. During DS3 submittal review, an on-site inspection shall be made in the project area. During the on-site inspection, a senior-level CONSULTANT representative shall walk the site accompanied by OC SAN’s Project Engineer and Supervising Inspector. The CONSULTANT’s representative shall be experienced in the location and identification of utilities in the field. During the on-site inspection the CONSULTANT shall document all visible features that indicate utilities within the project area and compare them with the Contract Drawings. 3.2.4 FIRE PROTECTION SERVICES A. CONSULTANT shall secure the services of a Subconsultant to determine the fire protection requirements, prepare final plans and specifications for the selected plan and assist OC SAN in obtaining approval from the fire authority. 3.2.5 TRAFFIC CONTROL SERVICES A. CONSULTANT shall determine traffic control requirements and prepare plans and specifications for all construction activities performed within or adjacent to the public ROW. The traffic control plans shall be approved by the AHJ by FDS. Additionally, the Traffic Control designer shall attend City and OC SAN submittal review meetings, workshops, validation meetings and focus meetings, as needed (maximum of 2 meetings with the City of Newport Beach). 3.2.6 PUBLIC RELATIONS A. CONSULTANT services related to Public Relations on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design. The CONSULTANT shall allocate the budgeted hours between the Public Relations services in Phase 2 and Phase 3 based on when these services will be required. 3.2.7 ENVIRONMENTAL DOCUMENTATION A. CONSULTANT services related to Environmental Documentation on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design. The CONSULTANT shall allocate the budgeted hours between the Environmental Documentation services in Phase 2 and Phase 3 based on when these services will be required. 3.2.8 PERMITTING ASSISTANCE A. CONSULTANT services related to Permitting Assistance on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design. CONSULTANT shall allocate the budgeted hours between the Permitting Assistance services in Phase 2 and Phase 3 based on when these services will be required. 3.2.9 PROJECT SAFETY REVIEW March 2026 7-63 – Design SOW Page 29 of 41 A. CONSULTANT shall update Exhibit 11 – Project Safety Check List and Exhibit 12 – Full Project Safety Review Plan for review with OC SAN Risk Management during Project Safety Review Plan Workshops B. Project Safety Workshops: ☐DS1 Project Safety Review Workshop: 1 hour (held during OC SAN’s review of DS1 at OC SAN) ☒DS2 Project Safety Review Workshop: 1 hour (held during OC SAN’s review of DS2 at OC SAN) ☒DS3 Project Safety Review Workshop: 1 hour (held during OC SAN’s review of DS3 at OC SAN) C. Moderator shall be as specified for Phase 2 – Preliminary Design. 3.2.10 PROJECT MANAGEMENT A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution, schedule, budget, subconsultants, and coordination with other projects. CONSULTANT services related to Project Management on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required. 3.2.11 RISK MANAGEMENT A. CONSULTANT shall provide risk management in accordance with Exhibit 4 – Risk Management Requirements. 3.2.12 QUALITY CONTROL A. The CONSULTANT shall provide Quality Control requirements in accordance with Exhibit 6 - Quality Control Requirements. ☐Independent Multi-Discipline Design Workshop is not required. ☒Independent Multi-Discipline Design Workshop is required. (minimum duration of one day) DESIGN WORKSHOPS AND MEETINGS 3.3.1 GENERAL A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in accordance with Exhibit 5 - Workshop and Meeting Requirements. 3.3.2 DESIGN PHASE WORKSHOPS A. The focus of workshops is to review project progress to date and the technical decisions that have been made in focused meetings. CONSULTANT shall conduct the workshops listed below in Phase 3 – Design for each design submittal, except FDS. The CONSULTANT shall allow the following time for each workshop: DESIGN PHASE WORKSHOPS WORKSHOP TYPE DURATION Design Kickoff Workshop 1 hour Design Review Meetings 1 hour per discipline Design Validation Meeting 2 hours B. The following Design Review Meetings shall include the following topics, as applicable to the project: 1. Electrical 2. I&C 3. Process March 2026 7-63 – Design SOW Page 30 of 41 4. Civil/Yard 5. Construction 6. Maintainability 3.3.3 POST-DS2 CONSTRUCTABILITY WORKSHOP A. A constructability workshop shall be held during the DS2 submittal and shall be a three-day workshop. The constructability review is intended to provide OC SAN with an objective third- party review of the Bid Documents for effectiveness in communicating information to prospective bidders. The review shall determine if the Bid Documents have sufficient information needed to bid and construct the project and avoid misunderstandings and misinterpretations that may lead to conflict, confusion or claims during construction. This review is not a comprehensive plan check, a dimensional check or a value engineering assignment. Further, it is recognized that comments may only be given on the level of detail provided at this level of design. B. Constructability review participants shall include highly experienced individuals from construction companies, OC SAN construction management staff and CONSULTANT construction management staff. Specialty Consultants and discipline engineers may also be included. C. Each constructability review participant shall receive a package at least two weeks in advance. The package shall include plans and specifications, general conditions, the CPM schedule, the construction cost estimate, permits, and other pertinent information. D. The constructability review shall be held on-site. E. Day 1 shall start with a site visit, for the reviewers to acquaint themselves with the site conditions. After the site visit, the CONSULTANT shall make a short presentation, followed by a question and answer period. This is anticipated to take about 1/2 day. The second half of Day 1, Day 2, and the first half of day three shall be individual workdays for the Constructability Review Team. The CONSULTANT shall not attend, although one designated individual from the CONSULTANT’s Design Team shall remain to answer questions and gather additional information that the Constructability Review Team might need. F. On the afternoon of Day 3, the CONSULTANT shall return and listen to comments from the Constructability Review Team. A designated individual shall record the comments, and take notes from the workshop, to document the process. G. Topics the Constructability Review Team must consider shall include: 1. Project consistency, discrepancies, and constructability issues 2. Contradictions, bid package strategies, and biddability issues 3. Power outages and equipment shutdowns 4. Size critical equipment requirements and constraints 5. Utility company requirements 6. Construction methods and mitigating impacts 7. Viability of equipment relocation 8. Operational requirements 9. Interim Control Plan 10. Access for maintenance 11. Access to make proper connections 12. User-friendliness and safety 13. Coordination with other projects March 2026 7-63 – Design SOW Page 31 of 41 14. Draft Commissioning Plan 15. Public nuisance issues 16. Risk sharing 17. Construction sequencing and schedule, materials storage and work zone accessibility 18. Clarity of the Scope of Work, and interface activities 19. Impacts on existing operation 20. Access 21. Cost control 22. Partnering with Contractor 23. Other local conditions and constraints H. The Constructability Review Team shall provide a list of comments, and the CONSULTANT shall respond to each comment, selecting those comments to be included in the final plans and specifications. I. To facilitate the Constructability Review Workshop, CONSULTANT shall complete the following tasks: 1. Prepare package for constructability review participants. The package shall consist of detailed plans and specifications and other information selected by CONSULTANT. The package shall be mailed to participants at least one week prior to the workshop. 2. Provide for a constructability review facilitator. 3. Prepare presentation on the project for the Constructability Review Team. 4. Meet with Constructability Review Team to receive comments. 5. Provide listing of constructability review comments and action taken on each comment. (The summary report of constructability review comments shall be prepared by the Constructability Review Team.) J. All comments and recommendations of the workshop shall be incorporated into the Bid Documents at no additional cost to OC SAN. K. Prior to DS3, the Constructability Review Team shall also conduct an additional constructability review of the final Bid Documents to review clarity of the bid package, project completeness, and other issues, as necessary. 3.3.4 DESIGN PHASE MEETINGS A. Technical Progress Meetings 1. Technical Progress Meetings shall be held every 4 weeks for 1 hour to review various issues with OC SAN’s project team. The CONSULTANT shall coordinate with the OC SAN Project Manager to determine what topics will be covered in what meetings, and what OC SAN and CONSULTANT team members are required for each. B. Focused Meetings 1. Focused meetings shall be held throughout preliminary design to discuss specific issues in detail and generate comments and direction from OC SAN staff. The following tentative list of topics may be covered in these meetings: a. Cost Estimate Review b. Quality control plan c. Process Flow diagram/Operating Philosophy (several meetings as needed) March 2026 7-63 – Design SOW Page 32 of 41 d. Permits e. OC SAN Contractor Safety Standards and other safety requirements f. Control concepts g. Instrumentation and control upgrades h. Sample P&ID; basis for equipment tag numbering i. Sample control descriptions j. Sample EID database k. Sample Real IO List database l. Data network block diagram/network connection diagram m. I/O relocation plan n. Electrical distribution system, system controls and the related upgrades o. Single-line diagrams and electrical demolition p. Criticality table update q. Construction sequencing 2. Each meeting shall generally be 1 hour in length. CONSULTANT shall determine how many meetings will be needed to cover these topics. CONSULTANT may suggest additional topics as necessary. Supplementary meetings may be scheduled with OC SAN staff, as necessary to allow coordination between the CONSULTANT and OC SAN staff. 3.3.5 CONSULTANT OFFICE TECHNICAL MEETINGS (COTMS) A. OC SAN has found it mutually beneficial to visit the CONSULTANT offices from time to time to observe the detailed design in process, answer detailed technical questions, and establish lines of communications with CONSULTANT staff. During the Design Phase, CONSULTANT shall arrange for OC SAN staff to meet in CONSULTANT’s work center and audit “over the shoulder” design reviews with CONSULTANT’s staff. The reviews will be monitored by a member of the CONSULTANT’s Management Team. Signification decisions will be reported to Consultants Project Manager and OC SAN’s Project Manager and logged into the Decision Log. Action items will be identified. B. The CONSULTANT shall schedule, at a minimum, the following CONSULTANT Office Technical Meetings (COTMs): 1. Three two-hour visits – one between each design submittal. C. The CONSULTANT shall schedule each of the above COTMs and shall coordinate with OC SAN’s Project Manager to be sure the correct personnel participate in the meetings. The CONSULTANT may propose additional, eliminate, or combine COTMs as needed to support the detailed design. D. OC SAN may also request additional “over the shoulder” design review meetings to audit the design in other areas not listed above. 3.3.6 COORDINATION WITH OTHER PROJECTS MEETINGS A. The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. CONSULTANT shall coordinate potential conflicts with the following adjacent projects and participate in the number of meetings indicated in the following table: March 2026 7-63 – Design SOW Page 33 of 41 PROJECT COORDINATION MEETINGS PROJECT PROJECT DESCRIPTION COORDINATION MEETINGS City of Newport Beach Paving Project Paving of MacArthur Boulevard 2 meetings @ 2 hours March 2026 7-63 – Design SOW Page 34 of 41 3.3.7 COMMISSIONING TEAM MEETINGS A. Design phase commissioning team meetings shall be held on a monthly basis after completion of OC SAN’s review DS1. B. Meetings will generally be 2-4 hours in length. CONSULTANT shall determine how many meetings shall be needed to cover these topics and organize the topics accordingly. CONSULTANT may suggest additional topics as necessary. Supplementary meetings may be scheduled with OC SAN staff, as necessary, to allow coordination between CONSULTANT and OC SAN staff. C. The Commissioning Team meetings shall cover the following subjects: 1. Provide a detailed review of the proposed construction sequencing plan and make recommendations for improvements. These recommendations shall be incorporated into the plans and specifications as appropriate. Possible incentives for the Contractor to finish the project early shall be explored. 2. Identify procedures, testing requirements and sequencing for commissioning. 3. Develop a detailed outline of a commissioning plan based on the results of the recommended construction sequencing plan. 4. Prepare testing requirements and plan to prove process performance relative to design criteria developed in the PDR. Testing shall be performed after the RAT and supervised by the CONSULTANT. 5. Identify timing within the construction contract schedule when commissioning activities are required, including hold points for testing and inspection. 6. Identify roles and responsibilities of the Project Manager, Resident Engineer, Inspector, Project Engineer, PCI, Engineering support, Design CONSULTANT and Contractor. 7. Develop a timeline of commissioning 8. Develop a commissioning specification 9. Develop standard forms for testing and commissioning documentation 10. Electrical, mechanical and process tie-ins 11. Startup requirements and testing 12. O&M training 3.3.8 PROJECT SAFETY A. CONSULTANT shall prepare and meet with OC SAN Risk Management personnel at PDR to review Exhibit 11 Project Safety Checklist and Exhibit 12 Full Project Safety Review Plan. B. CONSULTANT shall update Exhibits 11 and 12 throughout the design phases. CONSULTANT shall provide OC SAN Risk Management with the final copies of Exhibit 11 and Exhibit 12 at completion of the Design Project. 3.3.9 CONSTRUCTION SUBMITTAL ITEMS LIST MEETING A. Meet with OC SAN between DS2 and DS3 to review the CONSULTANT’s approach to developing the project Construction Submittal Items List using Exhibit 18 – Project Control Management System and the CONSULTANT-provided specifications and discuss the grouping of submittals in commissioning packages and phases. March 2026 7-63 – Design SOW Page 35 of 41 3.3.10 STORMWATER COMPLIANCE MEETING A. A formal meeting shall be held with OC SAN’s stormwater compliance staff to review the project scope and identify all issues during and after construction affecting compliance with stormwater regulatory requirements and OC SAN’s policies and practices. BID PHASE SUPPORT SERVICES 3.4.1 BID PHASE SUPPORT SERVICES A. CONSULTANT shall provide the following bid period services: 1. Participate in the pre-bid meeting. 2. Prepare project drawing set and project specification addenda to provide clarification and resolve errors and omissions identified prior to bid opening. 3. Identify cost impacts associated with addenda changes. 3.4.2 BID EVALUATION ASSISTANCE A. Participate in reviewing alternate equipment proposals from the Contractor, if applicable. B. Participate in the evaluation of the submitted bids, furnish consultation and advice to OC SAN staff and assist with all the related equipment, cost, and other analyses as required to finalize the award decision. C. If the lowest bidder exceeds the engineer’s estimate by 10%, the CONSULTANT is required to conduct a confidential bid evaluation within two weeks from the bid due date. This evaluation shall include a detailed analysis of the deviation, providing reasons for the variance. 3.4.3 CONFORMED DOCUMENT PREPARATION A. Within two weeks of the bid date, prepare conformed documents set (drawings, databases, specifications and other required materials) that incorporates the addenda. See Engineering Design Guidelines, Chapter 01, Design Guidelines – General Requirements, Section 01.5 “Preparation of Project Deliverables” for requirements as modified in Section 8 of this Scope of Work, “Project-Specific Deviations from OC SAN Design Guidelines” and the requirements of the CAD Manual). 4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES Not in this Scope of Work. 5. PHASE 5 – COMMISSIONING SERVICES Not in this Scope of Work. 6. PHASE 6 – CLOSE OUT Not in this Scope of Work. 7. GENERAL REQUIREMENTS GENERAL 7.0.1 OC SAN ENGINEERING DESIGN GUIDELINES AND STRATEGIC PLAN A. CONSULTANT shall refer to and adhere to the requirements of OC SAN Contractor Safety Standards, OC SAN Engineering Design Guidelines, any deviations to the Engineering Design Guidelines listed below, and other OC SAN’s Design Standards referenced therein. Exhibit 16 - Spec Review using Microsoft Word and Teams March 2026 7-63 – Design SOW Page 36 of 41 B. Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available online at https://www.ocsan.gov/document-center/ is a complete set of the OC SAN Contractor Safety Standards and OC SAN Design Standards, the latest edition at the time of the design proposal stage. C. The Engineering Guidelines define what plant design concepts/tools/methods and project management requirements shall be adhered to and in what manner they shall be used/provided by Consultants, e.g., requirements regarding design concepts, submittals, documentation details, use of OC SAN Master Specifications, and other related OC SAN Standards, etc. D. Refer also to Section “CONSULTANT’s Responsibilities” in OC SAN Engineering Design Guidelines Chapter 01. Refer to “Master Specifications Instructions for Use” that mandates rules and conventions to be used in all OC SAN project specifications. E. The project Scope of Work defines whether or not each specific deliverable described in the Guidelines shall be part of the project and when each task shall take place. F. The project Scope of Work also includes requirements that supplement and/or modify the Guidelines requirements for this project. G. The project Scope of Work and OC SAN Engineering Design Guidelines impact CONSULTANT’s project cost. H. Except as specified in this Scope of Work, design of all facilities shall conform to the recommendations of the currently approved Master Plan for OC SAN facilities. The project shall also incorporate all applicable mitigation measures included in associated environmental documents and site-specific local requirements. I. In addition, OC SAN will require the CONSULTANT to follow subsequent revisions of OC SAN Contractor Safety Standards, OC SAN Engineering Design Guidelines and other OC SAN Design Standards up to transmittal by OC SAN of comments on Design Submittal 2, shall be incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to- Exceed upper limit on fees. J. OC SAN may update OC SAN’s Master Specifications and/or add new OC SAN Master Specifications up to transmittal by OC SAN of comments on Design Submittal 2. The CONSULTANT shall utilize the new and/or modified Master Specifications for the DS3 submittal. K. The CONSULTANT shall not begin editing the project specifications until the project team meets with OC SAN’s Design Standards Custodian to discuss and receive comments regarding the CONSULTANT’s proposed list of project specifications. This meeting will be used to determine which specifications are to use OC SAN’s master specifications, and where other sources will be utilized. 7.0.2 PROJECT PHASES AND TASKS A. Project tasks and deliverables shall include the requirements described in this Scope of Work. CONSULTANT shall also refer to Appendix A of OC SAN Engineering Design Guidelines for the level of detail requirements for individual deliverables in each Phase of the project not covered in the Scope of Work. 7.0.3 CONSTRUCTION SEQUENCING AND CONSTRAINTS A. CONSULTANT shall develop with OC SAN staff and include in the Bid Documents detailed requirements for construction sequencing and constraints. These shall ensure safe and reliable operation and maintenance of OC SAN facilities. The facilities must be kept on-line and fully operational with minimal interruptions throughout construction. 7.0.4 WORKING HOURS A. Meetings with OC SAN staff shall be scheduled from Monday through Thursday between the hours of 8:00 AM and 4:00 PM. Any CONSULTANT staff working on-site shall conform to OC March 2026 7-63 – Design SOW Page 37 of 41 SAN work schedules. CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01, Section 01.3.5 “CONSULTANT Inspection of Treatment Facilities” for further requirements. 7.0.5 STANDARD DRAWINGS AND TYPICAL DETAILS A. All the details used in the project (OC SAN’s Standard Drawings and CONSULTANT- developed typical details) shall be shown on the Plans. 7.0.6 SOFTWARE A. The CONSULTANT is expected to develop and provide the deliverables using the standard software currently approved for use by OC SAN. The standard OC SAN software includes, but is not limited to, the following: 1. Windows Professional 2. Esri software (fGDB, pGDB or shapefile formats) 3. Microsoft Internet Explorer 4. Autodesk software (AutoCAD, AutoCAD Map3D or compatible dwg file format) 5. Microsoft Office, including MS Teams 6. Maximo 7. Bluebeam Revu Extreme & Studio 8. Primavera P6 for scheduling 9. Database software as defined in the project SOW B. Refer to Chapters 10 and 11 and Appendix A of OC SAN Engineering Design Guidelines for requirements on preparation of Criticality Tables and ETAP, Real IO List, and EID databases. Refer to OC SAN CAD Manual and to Chapter 11 and Appendix A of OC SAN Engineering Design Guidelines for requirements regarding P&ID drawings. 7.0.7 SUBMITTAL REVIEW USING BLUEBEAM A. OC SAN has standardized on the use of Bluebeam Revu for reviewing and providing comments to PDF files. PDF files will be hosted in a Bluebeam cloud-based studio session for review. See Exhibit 15 - Bluebeam Designer User Training for a detailed explanation on how Bluebeam will be used to provide, validate, and close submittal review comments. B. Prior to submitting electronic PDF files, format them as indicated in Exhibit 14 - Bluebeam Designer Training for Submission and “OC SAN CAD Standards Manual” prior to submission. C. A one-hour training session on the use of Bluebeam and custom status menu will be provided by OC SAN. All CONSULTANT team members responsible for quality control and reconciliation of submittal comments shall attend. 7.0.8 WORD TRACK CHANGES A. Specifications documents and other MS-Word based deliverables will be hosted in OC SAN Teams environment for review. The guidelines for reviewing and commenting on MS-Word files, including Specifications reviews, can be found in Exhibit 16 - Spec Review using Microsoft Word and Teams. 7.0.9 GIS SUBMITTALS A. CONSULTANT shall provide the following GIS deliverables propagated from approved design submittals after the design submittal is accepted. These GIS submittals will not be reviewed or presented by CONSULTANT. The purpose is to provide project specific GIS layers that could be used to visualize interproject dependencies and conflicts. 1. Electronic Submittal March 2026 7-63 – Design SOW Page 38 of 41 a. Kmz files for use with Google Earth 2. Final PDR a. Single project boundary (Polygon) (1) Boundary to encompass all new facilities and existing to be modified including: • Buildings\Structures • Tunnels • Utilities • Pavement • Street boundary (ROW to ROW) of possible alignment • Easements and ROW b. Structures (Polygon) • New structure outline • Additions to existing structures • Structure label 3. DS1 a. Project boundary - updated from PDR b. Structures - updated from PDR c. Utilities (Polyline) (1) Utility alignment (2) Known attributes (i.e. pipe diameter, material, system) d. Manholes (Point) (1) MH Invert Elevation (2) Access information (cover diameter) e. Excavation of pits (Polygon) (1) Pits that will stay open for extended duration (2) CIPP (3) Tunnel - jacking and receiving (4) All pits should be labeled 4. DS2, DS3, and FDS a. Project boundary - updated from previous DS b. Structures - updated from previous DS c. Utilities - updated from previous DS d. Manholes - updated from previous DS e. Excavation of pits - updated from previous DS f. Critical (as defined by Dig Alert) utility crossings (Point) (1) Crossing of Dig Alert critical utilities (2) Critical utility label • Natural gas March 2026 7-63 – Design SOW Page 39 of 41 • Fuel pipeline • 12 kV Electrical (3) Metadata (source, accuracy and date of data) g. Asphalt (Polygon) (1) Asphalt to be replaced 8. PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN GUIDELINES The following Scope sections change the Engineering Design Guidelines requirements for this project and apply to ALL its Project Elements: ENGINEERING DESIGN GUIDELINES CHAPTER 01, “DESIGN GUIDELINES – GENERAL REQUIREMENTS” 8.0.1 ENGINEERING DESIGN GUIDELINES CHAPTER 06, “MECHANICAL DESIGN” A. Section 06.7 “Vibration Analysis for Rotating Electrical Equipment” 1. Replace the entire section with the following: CONSULTANT shall perform a RUN evaluation for all pumping systems according to ANSI/HI 9.6.8-2014 or latest (Rotodynamic Pumps—Guideline for Dynamics of Pumping Machinery), to assess various vibration related phenomena. RUN is the general term used to denote the quantity obtained from multiplying the Risk (R) value and Uncertainty (U) value determined during the appropriate evaluation. This evaluation will help determine the relevant analysis level required to appropriately evaluate pumping machinery construction attributes and relevant site characteristics. CONSULTANT shall obtain (from the manufacturers of the rotating equipment) or calculate (based on anticipated turning speeds, operational requirements, etc.) the relevant equipment and system natural and/or excitation frequencies. These frequencies will include any effect from the various torsional, lateral, and structural behaviors of the equipment or system. All other rotating equipment such as fans, blowers, compressors, and pumps/equipment not covered by other standards or specifications, etc. shall undergo a similar evaluation to determine relevant risk and analysis requirements to ensure project success and reliability targets are met. For these other types of rotating equipment not covered by other standards or specifications, the CONSULTANT shall propose a plan for OC SAN to approve prior to analysis being performed accordingly. For the purpose of estimating level of effort, the Risk Value, “R”, for critical equipment that is required for continuous operation of a process system or where standard equipment is modified slightly for this application, a R-Value of 4 should be assumed. For systems dedicated to a redundant process train or where standard equipment is used, a R-Value of 2 should be assumed. The results from the above RUN evaluation shall be used by the CONSULTANT in their subsequent design, to help provide a robust solution for the project needs. Iterations of design and equipment substitutions shall trigger additional RUN evaluations and analysis, as needed. Final equipment acceptability and commissioning shall be per ANSI/HI 9.6.4-2009 or latest (Rotodynamic Pumps—for Vibration Measurements and Allowable Values), applicable Part of ISO 10816 latest (Mechanical Vibration), ANSI/AMCA 204-05:2012 or latest (Balance Quality and Vibration Levels for Fans), ISO 1940-1:2003 or latest (Mechanical Vibration—Balance Quality Requirements for Rotors in a Constant (Rigid) State), and ISO 21940-12:2016 or latest (Mechanical Vibration— March 2026 7-63 – Design SOW Page 40 of 41 Rotor Balancing—Procedures and Tolerances for Rotors with Flexible Behavior) as applicable. In addition, all loads, forces and moments imparted to equipment or piping, including resonance, shall be fully mitigated and all usage cases analyzed and documented per ASME 31.3-2018 or latest (Process Piping) at a minimum, and properly designed within applicable allowable stresses, etc. If there are conflicts in the standards specified, the more stringent value or condition to prevail. 9. STAFF ASSISTANCE OC SAN staff member or designee assigned to work with CONSULTANT on the design of this project is Omeed Pour at (714) 593-7226, e-mail to: OPour@ocsan.gov. 10. EXHIBITS Exhibit 1 - Preliminary Design Report Requirements Exhibit 2 - Design Requirements Exhibit 3 - Project Management Requirements Exhibit 4 - Risk Management Requirements Exhibit 5 - Workshop and Meeting Requirements Exhibit 6 - Quality Control Requirements Exhibit 7 - Design Submittal Requirements Matrix Exhibit 8 - Project Schedule Calculation Exhibit 9 - Deliverables Quantities Exhibit 10 - Sample Construction Cost Estimate Formats a. Exhibit 10a – Sample Construction Cost Estimate Format Sample 1 b. Exhibit 10b – Sample Construction Cost Estimate Format Sample 2-6 c. Exhibit 10c – Sample Construction Cost Estimate Format Sample 7 Exhibit 11 - Project Safety Check List Exhibit 12 - Full Project Safety Review Plan Exhibit 13 - MMRP Log Template (Not Used) Exhibit 14 - Bluebeam Designer Training for Submission Exhibit 15 - Bluebeam Designer User Training Exhibit 16 - Spec Review using Microsoft Word and Teams Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available online at https://www.ocsan.gov/document-center/ Exhibit 18 - Project Control Management System a. Attachment A – Master Construction Submittal Items List Exhibit 19 - Project Reference Material b. 7-1-D MacArthur Pump Station and Force Main – 1960 (13 Sheets) c. 7-11-3 Abandonment of Castlerock and Dow Avenue Pump Stations & Modifications to MacArthur Pump Station – 1989 (13 Sheets) d. 7-68 MacArthur Force Main Improvements – 2025 (50 Sheets) March 2026 7-63 – Design SOW Page 41 of 41 e. 57B-NP-110 MacArthur Pump Station P&ID – 2022 (1 Sheet) f. FE05-37 OCSD Pump Stations Area Classification Drawing Update – 2009 (4 Sheets) g. J-126L Safety Improvements at Bitter Point, MacArthur, Seal Beach, Westside, and Yorba Linda Pump Stations – 2019 (18 Sheets) h. MacArthur Pump Station Corrosion Assessment (15 Pages) i. MacArthur Pump Station Visual Evaluation (19 Pages) Exhibit 20 - CONSULTANT Outreach Presentation Exhibit 21 – Commissioning Procedure Training Exhibit 22 - ORT Procedure Examples Exhibit 23 - Sample Pre-FAT Procedure Exhibit 24 - Sample FAT Procedure Exhibit 25 - Sample RAT Procedure Exhibit 26 - Sample FAT Narrative AS:op EXHIBITS Exhibits to Attachment A Scope of Work are considered reference material and were previously provided as part of the Request for Proposals. OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2026-4840 Agenda Date:4/1/2026 Agenda Item No:3. FROM:Robert Thompson, General Manager Originator: Riaz Moinuddin, Director of Operations & Maintenance SUBJECT: CENTRAL GENERATION ENGINE NO. 1 INSPECTION AND REPAIRS, SPECIFICATION NO. BSS -2026-728BD GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Sole Source Service Contract with Cooper Machinery Services LLC for inspection and field service repairs to Central Generation (Cen Gen) Engine No. 1, Specification No. BSS -2026-728BD, for a total amount not to exceed $142,923, plus applicable sales tax and freight; and B. Approve additional allowance funding not to exceed $120,000 for associated repairs that may be required due to the high potential for additional damage identified during disassembly and inspection. BACKGROUND The Orange County Sanitation District (OC San)has eight clean-burning internal combustion engines that are used to generate electricity for both treatment plants.These engines play a vital role in OC San’s emissions reduction and South Coast Air Quality Management District permit compliance by converting biogas into electricity and process heat.This engine was rebuilt several years ago by a non-Original Equipment Manufacturer (OEM)vendor with non-OEM parts.It experienced a catastrophic failure.It was later rebuilt by Cooper Machinery Services LLC,but the cylinder liners were not replaced at the time. On January 27,2026,Cen Gen at Plant No.1,Engine No.1,had a premature failure in cylinder 3.A preliminary investigation determined that the piston had worn into the cylinder liner,causing excessive heat and pressure in the crankcase. RELEVANT STANDARDS ·24/7/365 treatment plant reliability ·Maintain a proactive asset management program ·Operate and maintain facilities to minimize impacts on surrounding communities,including odor, noise, and lighting Orange County Sanitation District Printed on 3/25/2026Page 1 of 3 powered by Legistar™ File #:2026-4840 Agenda Date:4/1/2026 Agenda Item No:3. PROBLEM Due to a leak and significant damage to cylinder 3,Engine No.1 is currently inoperable.Field repairs and further inspection are required to assess the extent of the damage and determine if any additional repairs are needed. PROPOSED SOLUTION Approve a Sole Source Service Contract to the OEM to disassemble, inspect, and repair the engine. TIMING CONCERNS Delays in completing repairs would increase the risk of plant process interruptions. RAMIFICATIONS OF NOT TAKING ACTION Failing to act would leave plant operations without essential backup equipment for heating digesters and electricity generation,increasing the risk to process reliability and the potential for sewage spills. Extended downtime could also disrupt power production and compromise permit compliance. PRIOR COMMITTEE/BOARD ACTIONS August 2017 -Received and filed Orange County Sanitation District purchases made under the General Manager’s authority for the period of April 1,2017 to June 30,2017;and approved the following additions to the pre-approved Original Equipment Manufacturer (OEM)Sole Source List:… Cooper Bessemer - CenGen engine components. ADDITIONAL INFORMATION Cooper Machinery Services LLC (formerly Cooper-Bessemer)is the OEM for all parts and services related to Cooper-Bessemer engines.A $120,000 allowance is intended to address potential additional engine damage, tariffs, or other unforeseeable costs. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Budget Update FY 2025-26,Page 33,Repair &Maintenance)and the budget is sufficient for the recommended action. Date of Approval Contract Amount Additional Allowance 04/22/2026 $142,923 $120,000 Orange County Sanitation District Printed on 3/25/2026Page 2 of 3 powered by Legistar™ File #:2026-4840 Agenda Date:4/1/2026 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: ·Sole Source Service Contract ·Presentation Orange County Sanitation District Printed on 3/25/2026Page 3 of 3 powered by Legistar™ Orange County Sanitation District 1 of 12 Specification No.BSS-2026-728BD SOLE SOURCE SERVICE CONTRACT Central Generation (Cen Gen) Engine No. 1 Inspection and Repairs Specification No. BSS-2026-728BD THIS SOLE SOURCE CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 18480 Bandilier Circle, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Cooper Machinery Services LLC with a principal place of business at 16250 Port Northwest Drive, Houston, Texas 77041 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”. W I T N E S S E T H WHEREAS, OC San desires to retain the services of Contractor for Central Generation (Cen Gen) Engine No. 1 Inspection and Repairs, “Services” as described in Exhibit “B”; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with OC San’s current Purchasing Ordinance; and WHEREAS, on April 22, 2026, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services. NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction. 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “B”. 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit “A” Not Applicable Exhibit “B” Proposal Exhibit “C” Determined Insurance Requirements Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies Exhibit “F” General Conditions 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Sole Source Service Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof. 1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days. Orange County Sanitation District 2 of 12 Specification No.BSS-2026-728BD 1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”. 1.9 Contractor shall provide OC San with all required premiums and/or overtime work, as specified in this Contract, at no charge beyond the price provided under “Compensation” below. 1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San. 2. Compensation. Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not to exceed One Hundred Forty-Two Thousand Nine Hundred Twenty-Two 55/100 Dollars ($142,922.55) 3. California Department of Industrial Relations (DIR) Registration and Record of Wages. 3.1 Pursuant to Labor Code sections 1720 et seq., and as specified in Title 8, California Code of Regulations section 16000, prevailing wages are required to be paid for all 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. 3.2 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). 3.3 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. 3.4 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. 3.5 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. ▪ 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 Orange County Sanitation District 3 of 12 Specification No.BSS-2026-728BD 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. 3.6 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. ▪ 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. 3.7 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. 3.8 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. 3.9 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. 3.10 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.” Contractor shall ensure that all its contracts with its subcontractors provide the provision above. 4. Payments and Invoicing. 4.1 OC San shall pay, net 30 days, upon receipt, by OC San’s Engineer (“Engineer”) or designee, of itemized invoices submitted for Milestones completed in accordance with Exhibit B. 4.2 OC San shall approve or reject invoices within 14 days of receipt. Any invoice not rejected in writing within 14 days of receipt shall be deemed approved by OC San. OC San, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. In the event OC San disputes an invoice or has a reasonable basis for determining Services have not been satisfactorily completed, OC San agrees to pay the undisputed portion of any invoice in a timely manner while both parties agree to discuss in Orange County Sanitation District 4 of 12 Specification No.BSS-2026-728BD good faith to resolve the disputed portions of an invoice. If OC San fails to pay an undisputed invoice after receiving 30 days written notice of non-payment, Contractor shall have the right to suspend performance and Contract Term shall be extended for a time equal to the suspension for non-payment. Should suspension for non-payment last 30 days, Contractor shall have the right to terminate and OC San agrees to pay termination fees in accordance with Section 12.1. 4.3 Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OCSD.com and “INVOICE” with the Purchase Order Number and Specification No. BSS-2026-728BD shall be referenced in the subject line. 5. Audit Rights. Contractor agrees that, during the term of this Contract and for a period of three years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. OC San agrees all audits are subject to confidentiality and non-disclosure provisions and are limited to the purpose of OC San verification of payment and invoicing records, except to the extent required by a government agency. 6. Scope of Work. Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit “B”. Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work. Requests for modifications to the Scope of Work or due to delays solely attributable to OC San hereunder can be made by either party at any time. All modifications must be made in writing, approved and signed by both Parties before any Work on the modification shall begin. In the event of a modification, time of performance and payment for work shall be altered accordingly. 8. Contract Term. The Services provided under this Contract shall be completed within forty (40) calendar days from the effective date of the Notice to Proceed. 9. Renewals. Not Used 10. Extensions. The term of this Contract may be extended only by written instrument signed by both Parties. 11. Performance. Time is of the essence in the performance of the provisions hereof. 12. Termination. 12.1 OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. OC San also reserves the right to terminate this Contract for default in accordance with section 12.2 and 12.3. Upon receipt of a termination notice for convenience or terminate notice under 12.3, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). In all cases of termination whether for convenience or default, OC San shall thereafter, within thirty 30 days, pay Contractor for work performed (cost and fee) to the date of termination, including any reasonable costs and expenses incurred by Contractor as a direct result of such termination for any goods or services in progress prior to the effective 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 Contractor shall release OC San from any further fee, cost or claim relating to the terminated portion of the Contract, hereunder by Contractor. Orange County Sanitation District 5 of 12 Specification No.BSS-2026-728BD 12.2 OC San reserves the right to terminate this Contract upon determination that Contractor has materially breached any of the terms of this Contract and failed to commence to cure within 10 days with continual diligent efforts following receipt of written notice of such breach. In the event of termination under this section, Contractor total liability shall not exceed the actual and reasonable documented costs and expenses to complete the terminated Scope of Work. 12.3 OC San may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: ▪ if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or 12.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs first. 13. Insurance. Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirements Form (attached hereto and incorporated herein as Exhibit “C “). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. Any requirements for additional insured, waiver of rights of subrogation or recognition of Contractor’s insurance as primary shall apply only to the extent of the legally binding indemnities agreed to by Contractor in the Contract. 14. Bonds. Not Applicable 15. Indemnification and Hold Harmless Provision. Contractor shall assume responsibility for direct damages to property and/or injuries to persons, including accidental death, to the extent such damages arise out of or are caused by the negligence of Contractor under this Contract, or by the negligence of its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. 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 , to the extent arising out of or in connection with Contractor's negligent performance under the Contract, and/or (b) to the extent 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 directly by Contractor or its subcontractor(s) under the Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. Notwithstanding the foregoing, Contractor has no responsibility to and will not indemnify OC San, or its elected and appointed officials, officers, agents and employees, for claims, liabilities, expenses, or damages of any nature to the extent arising from, caused by or in connection with OC San’s negligence (sole, joint, or concurrent), gross negligence, willful misconduct or any other fault on the part of OC San. 16. Contractor Safety Standards. 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 Contract it is discovered that the Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement Orange County Sanitation District 6 of 12 Specification No.BSS-2026-728BD at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies (Exhibit “E”). 17. California Voluntary Protection Program Annual Reporting Requirement. If Contractor will potentially work 1,000 combined hours in a quarter, for the term of the 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 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. 18. Warranties. In addition to the warranties stated in Exhibit "A", the following shall apply: 18.1 Where applicable, Contractor supplier’s standard warranty shall apply. To the extent possible, Contractor shall transfer its supplier’s warranties to OC San for the work as complete. Contractor's Warranty (Guarantee): Contractor warrants that any goods, parts, repairs, or upgrades supplied by Contractor under this Contract shall (i) be free from any materials and workmanship for the specified warranty period, (ii) conform to the specifications mutually agreed in Exhibit “A” (herein incorporated by reference), and (iii) all Services will be performed in a competent and diligent manner in accordance with generally accepted standards for such services. If within a one-year period of completion of all work as specified in Exhibit “B”, OC San informs Contractor in writing that any portion of the Services provided fails to meet the standards required under this section 17 of the Contract, Contractor shall, within the time agreed to by OC San and Contractor, repair, replace, or re-perform the noted non-conforming deficiency(ies) in goods or Services at Contractor's sole option and expense. If the good or Service cannot be made to conform to the warranty in this section by repair, replace, or re- performance, Contractor’s responsibility shall be to refund the portion of the purchase price allocated to the non-conforming goods or Services. The remedies set forth in this section constitute the sole and exclusive remedies for all claims arising out of or related to any defect or non-conformity in the products, parts, goods, or services regardless when the defect or non-conformity arises. Contractor shall have no responsibility to repair or replace defective equipment or component parts resulting from the use of repair or replacement parts not of Contractor’s manufacture or approved by Contractor or from OC San’s failure to store, install, maintain, and operate the equipment according to Contractor’s written instructions and drawings and standard industry practice. Deterioration and wear occasioned by chemical and abrasive action or excessive heat shall not constitute defects. Transportation of products to and from Contractor’s service facility shall be borne to OC San when a repair is not covered by warranty. Warranty work provided under this Contract does not assure uninterrupted operation of the products. Equipment and accessories furnished by third parties which are not incorporated in the equipment manufactured by Contractor are warranted only to the extent of the original manufacturer’s warranty to Contractor. THE WARRANTIES SET FORTH IN THIS SECTION 17 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, AND GUARANTEES, WHETHER WRITTEN OR ORAL. NO IMPLED WARRANTY OR CONDITION, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. 19. Liquidated Damages. Not Applicable Orange County Sanitation District 7 of 12 Specification No.BSS-2026-728BD 20. Damages. Contractor’s total responsibility for any claims, including but not limited to indemnity claims under Section 15, damages, losses or liabilities arising out of or related to its performance of this Contract or the products and Services covered hereunder shall not exceed two times the Contract price. EXCLUDING CLAIMS RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL CONTRACTOR OR OC San BE LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND AS DEFINED BY THE LAW GOVERNING THIS CONTRACT RESULTING FROM OR ARISING OUT OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, PRODUCTION OR USE HOWSOEVER SAME MAY BE CAUSED. 21. Force Majeure. Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 22. 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. 23. Familiarity with Work. By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OC San. 24. Regulatory Requirements. Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 25. 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. 26. Licenses, Permits, Ordinances and Regulations. Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals required to be in Contractor’s name of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor. 27. Applicable Laws and Regulations. Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. Orange County Sanitation District 8 of 12 Specification No.BSS-2026-728BD 28. Contractor’s Employees Compensation. 28.1 General Prevailing Rate – OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request. 28.2 Forfeiture For Violation – Contractor shall, as a penalty to OC San, forfeit $50.00 for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 28.3 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 $30,000.00 or more or 20 working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are $2,000.00 or more or five working days or more. 28.4 Workday – In the performance of this Contract, not more than eight hours shall constitute a day’s work, and the Contractor shall not require more than eight hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC San as a penalty, the sum of $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 hours in any one calendar day and 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. Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Subject to the audit provisions herein, Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee’s representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 charged to OC San may be deducted from project payments per the requirements of Section 1776. 29. South Coast Air Quality Management District’s (SCAQMD) Requirements. It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as Orange County Sanitation District 9 of 12 Specification No.BSS-2026-728BD sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 30. California Air Resources Board Mobile Source Regulations. Contractor and its applicable consultants, 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 31. 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. 32. Breach. The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach. 33. Remedies. With respect to that subject matter and/or circumstances or events for which specific remedies are set forth in this Contract, including, without limitation, those remedies with respect to the Services performed by Contractor hereunder, then such remedies shall be the exclusive remedies of the parties. If no such specific remedy is provided, then the parties shall have available to them any remedy available under applicable law or in equity. 34. Dispute Resolution. 34.1 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. 34.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 35. Attorney’s Fees. If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Orange County Sanitation District 10 of 12 Specification No.BSS-2026-728BD Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 36. Survival. The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 37. 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. 38. Damage to OC San’s Property. To the extent any of OC San’s property is damaged by the negligence of Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San, except for that portion, if any, OC San’s actions contributed to the damage. 39. Disclosure. Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San. OC San agrees not to disclose, to any third party, Contractor data or information related this project without the prior written consent from Contractor, except to the extent required by a government agency. 40. Independent Contractor. The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees. 41. Limitations upon Subcontracting and Assignment. Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 42. Third Party Rights. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor. 43. Non-Liability of OC San Officers and Employees. No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 44. Read and Understood. By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 45. 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. 46. Entire Contract. This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 11 of 12 Specification No.BSS-2026-728BD 47. Notices. All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade Purchasing Supervisor Orange County Sanitation District 18480 Bandilier Circle Fountain Valley, CA 92708 Contractor: Scott Buckhout Chief Executive Officer Cooper Machinery Services LLC 16250 Porth Northwest Drive Houston, Texas 77041 Each party shall provide the other party written notice of any change in address as soon as practicable. [Intentionally left blank. Signatures follow on the next page.] Orange County Sanitation District 12 of 12 Specification No.BSS-2026-728BD IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: Ryan P. Gallagher Chair, Board of Directors Dated: _________________ By: Kelly A. Lore Clerk of the Board Dated: _________________ By: Kevin Work Purchasing & Contracts Manager COOPER MACHINERY SERVICES LLC Dated: _________________ By: Print Name and Title of Officer JL 3/25/2026 1 Cen Gen Engine No. 1 Inspection and Repairs, Specification No. BSS-2026-728BD Riaz Moinuddin,Director of Operations & Maintenance Operations Committee April 1, 2026 CEN GEN ENGINES Provide heating for digesters and generate power for the treatment plant. On January 27, 2026, Engine No. 1 had a premature failure on cylinder 3 right (3R). 2 1 2 3/25/2026 2 Piston damage from previous failure in 2018 3 Cylinder wall Damage (2018) 4 3 4 3/25/2026 3 Initial inspections with a borescope on Engine No. 1 cylinder 3R show similar damage to one cylinder. Scope of work is to repair one piston/cylinder assembly and verify extent of damage. 5 Recommend to the Board of Directors to: A. Approve a Sole Source Service Contract with Cooper Machinery Services LLC for inspection and field service repairs to Central Generation (Cen Gen) Engine No. 1, Specification No. BSS-2026-728BD, for a total amount not to exceed $142,923, plus applicable sales tax and freight; and B. Approve additional allowance funding not to exceed $120,000 for associated repairs that may be required due to the high potential for additional damage identified during disassembly and inspection. Recommendation 6 5 6 OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2026-4832 Agenda Date:4/1/2026 Agenda Item No:4. FROM:Robert Thompson, General Manager Originator: Riaz Moinuddin, Director of Operations & Maintenance SUBJECT: MASTER REIMBURSEMENT AGREEMENT FOR MANHOLE FRAME AND COVER OVERLAY GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Master Reimbursement Agreement with the City of Cypress, Specs. S-050A, S-055, and S-055A, establishing terms, procedures, and reimbursement for Orange County Sanitation District manhole frame and cover adjustments performed as part of Cypress Street Rehabilitation projects, in a standardized form approved by General Counsel; and B. Approve the Master Reimbursement Agreement Template and authorize the General Manager to execute future Master Reimbursement Agreements with other municipalities under similar terms, as approved by General Counsel. BACKGROUND Many municipalities routinely undertake street improvement projects to enhance pavement quality and roadway safety.These projects generally include asphalt resurfacing and related upgrades within existing rights-of-way. Orange County Sanitation District (OC San)owns and maintains approximately 4,400 manholes within the Orange County service area.As part of pavement resurfacing,these manholes often require elevation adjustments to meet final roadway grade.OC San is responsible for ensuring proper elevation to maintain both traffic safety and sewer system accessibility. Incorporating OC San’s manhole adjustment work into a municipality’s project scope is more efficient in terms of labor,time,and cost than performing the work separately.Under these agreements,OC San reimburses the municipality for the adjustment work. RELEVANT STANDARDS ·Protect OC San assets ·Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities Orange County Sanitation District Printed on 3/24/2026Page 1 of 3 powered by Legistar™ File #:2026-4832 Agenda Date:4/1/2026 Agenda Item No:4. ·Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PROBLEM OC San must currently negotiate and execute a separate reimbursement agreement for each municipal street rehabilitation project requiring manhole adjustments.This repetitive process is labor -intensive, time-consuming, and may delay project delivery. PROPOSED SOLUTION Approve a Master Reimbursement Agreement with the City of Cypress and approve a Master Reimbursement Agreement Template to establish standardized reimbursement terms and streamline the approval process by authorizing the General Manager to execute future qualifying agreements. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If no action is taken,OC San will need to negotiate separate reimbursement agreements with multiple municipalities for each project,potentially causing delays.If OC San instead publicly bids and performs the work independently,costs would likely be higher due to restricted access to construction areas and additional street closures impacting the public. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Under the agreement,OC San will supply manhole frames and covers and perform inspections to ensure the work meets OC San standards. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Budget Update FY 2025-26,Page 33,Repairs &Maintenance)and the budget is sufficient for the recommended action. Orange County Sanitation District Printed on 3/24/2026Page 2 of 3 powered by Legistar™ File #:2026-4832 Agenda Date:4/1/2026 Agenda Item No:4. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Master Reimbursement Agreement - City of Cypress ·Master Reimbursement Agreement - Template ·Presentation Orange County Sanitation District Printed on 3/24/2026Page 3 of 3 powered by Legistar™ 55880.00002\43166451.1 Page 1 of 7 MASTER REIMBURSEMENT AGREEMENT BETWEEN CITY OF CYPRESS AND ORANGE COUNTY SANITATION DISTRICT This cooperative cost reimbursement agreement (“Agreement”) is made and entered into as of (“Effective Date”), by and between the City of Cypress (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 5275 Orange Avenue, Cypress California 90630) (“City”) and Orange County Sanitation District (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 18480 Bandilier Circle, Fountain Valley, California 92708) (“OC San”). City and OC San are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”. RECITALS WHEREAS, City initiates any particular street rehabilitation project ("Project") to improve pavement conditions City-wide; and WHEREAS, City’s Projects routinely involve the adjustment of OC San’s manhole frames and covers (“Manhole Adjustments”) that are within the Project’s area; and WHEREAS, City has agreed to perform the Manhole Adjustments as part of its Projects and seek reimbursement from OC San for the costs associated with the Manhole Adjustments (“Manhole Adjustment Costs”); and WHEREAS, OC San has agreed to reimburse City for the Manhole Adjustment Costs; and WHEREAS, the Parties desire to enter into this Agreement to establish the general terms for OC San to reimburse the City for the Manhole Adjustment Costs. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference. 2. Scope of Agreement. This Agreement applies to any City Project that involves Manhole Adjustments. For each Project where Manhole Adjustments are required, the City will include the Adjustment Work in its Project scope. 3. Term. This Agreement shall commence on the Effective Date and continue for a term of ten (10) years from the Effective Date, unless terminated earlier in accordance with Section 16, below. 55880.00002\43166451.1 Page 2 of 7 4. Reimbursement. OC San’s obligation to reimburse City includes the actual total costs for construction of the Adjustment Work for each Project, plus an Administrative Fee of up to fifteen percent (15%) of the total costs of the Adjustment Work for each Project. The “Administrative Fee” is intended to cover the City’s internal costs related to administration of the Adjustment Work. a. For each Project, the anticipated costs shall be presented to OC San in the form of a Work Order, which will include all relevant scope and costs. The parties shall execute each Work Order prior to, or concurrent with, the City’s Project activities. b. Work Orders may be executed by the City’s Director of Public Works, or their designee, pursuant to the requirements of this Master Agreement. Such Work Orders may be made in the form of letter agreements or instruments as agreed between the Parties. c. In any event, failure of the Parties to execute a Work Order shall not relieve OC San from obligation to pay for Manhole Adjustment Costs which are necessarily incurred as a result of City Projects, subject to City responsibilities outlined below. 5. Timing of Reimbursement. For completion of the Project, City shall submit an invoice to OC San setting forth the cost for the Adjustment Work and the amount of the Administrative Fee. Invoices shall be accompanied by a copy of appropriate documentation to substantiate the amounts included in the invoice. OC San shall provide reimbursement funds to City within thirty (30) calendar days of receipt of all required invoices and supporting documentation. 6. City Responsibilities. For each applicable Project, the City shall: a. Be responsible for compliance with the California Environmental Quality Act and all other permitting requirements. b. Where applicable, advertise for bids, hire a contractor, approve the work, and administer the contract for City’s Project which includes the Manhole Adjustment work. c. Include a separate line item in its bid documents for the Manhole Adjustment work. This line item will be identified and labelled as “Adjust OC San Manholes per OC San Standard Drawings S-050A, S-055 and S-055A” or similar designation. d. Allow OC San a period of two (2) weeks to review the proposed bid unit prices for Manhole Adjustment work. OC San reserves the right to decide, based on this review, whether to proceed with the reimbursement process or to make other arrangements to complete the Manhole Adjustment work. 55880.00002\43166451.1 Page 3 of 7 e. Provide written notification to OC San at least thirty (30) days prior to the commencement of any Project that will involve the Manhole Adjustment work. f. Include detailed information in the Project plans and specification indicating the location and the requirements for the Manhole Adjustments. The Project plans and specification shall also reference OC San’s standard drawings S-050A, S-055 and S-055A, or versions of the standards as published by OC San at the time of the construction, for the Adjustment Work. The current version of such standards are attached hereto as Exhibit A. g. Provide OC San staff with contractor schedules and updates within five (5) days of acceptance by City staff. h. Invite OC San staff to construction progress meetings. i. Notify OC San seventy-two (72) business hours prior to the need for an inspection. j. Ensure the City’s construction contractor coordinates with OC San to retrieve the manhole frames and covers for the Manhole Adjustment work (provided by OC San) from the OC San Treatment Plant No. 1 in Fountain Valley. k. Coordinate with OC San to ensure proper timing for OC San’s inspectors to be present during the Manhole Adjustment process. l. Obtain written approval from OC San for any change orders for Manhole Adjustment work prior to implementation. m. Document and inform OC San of the date of the completion of the Manhole Adjustment Work. City will verify with OC San prior to issuance of progress payment to City’s construction contractor that Manhole Adjustment work was completed per the standards. 7. OC San Responsibilities. For each applicable Project, OC San shall: a. Provide, at OC San’s expense, new frames and covers to replace the existing frames and covers. b. Provide, at OC San’s expense, inspection services to ensure compliance with the standards. OC San will promptly notify City if any portion of the Manhole Adjustment work appears not to conform to the standards and will work with the City to resolve all discrepancies. c. Respond to City’s request for an inspection within two (2) business days, excluding federal and local holidays. OC San will be responsible for the City’s construction contractor’s downtime due to failure to comply with this provision. 55880.00002\43166451.1 Page 4 of 7 8. Indemnification. Each Party shall indemnify, defend, and hold the other Party (its officials, officers, employees, agents, consultants, and contractors) free and harmless from any and all claims (demands, causes of action, costs, expenses, liabilities, losses, damages or injuries in law or in equity to property or persons including wrongful death) in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party (its officials, officers, employees, agents, consultants, or contractors) in the performance of the indemnifying Party’s obligations under this Agreement (including the payment of all reasonable attorneys’ fees). 9. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of Cypress 5275 Orange Avenue, Cypress, CA 90630 Attn: City Clerk OC SAN: Orange County Sanitation District 18480 Bandilier Circle Fountain Valley, CA 92708 Attn: Clerk of the Board 10. Force Majeure. Neither Party will be liable for any delays or other non- performance resulting from circumstances or causes beyond its reasonable control (including without limitation fire or other casualty, act of God, strike or labor dispute, war or other violence, acts of third parties, or any law, order, or requirement of any governmental agency or authority other than the Parties). 11. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or Federal court situated in the County of Orange, State of California. 12. Entire Agreement. This Agreement represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein; and that any other agreements shall be void. This is an integrated Agreement. 13. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and 55880.00002\43166451.1 Page 5 of 7 provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect. 14. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this Agreement. 15. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 16. Termination. This Agreement may be terminated by the Parties upon thirty (30) days written notice of termination. In such event, City shall be entitled to receive reimbursement for any and all outstanding Manhole Adjustment Costs incurred prior to termination. 17. Time of Essence. Time is of the essence for each and every provision of this Agreement. 18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement. 19. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 21. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 22. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 55880.00002\43166451.1 Page 6 of 7 SIGNATURE PAGE FOR MASTER REIMBURSEMENT AGREEMENT BETWEEN CITY OF CYPRESS AND ORANGE COUNTY SANITATION DISTRICT IN WITNESS WHEREOF, the Parties are signing this Agreement as of the Effective Date. ORANGE COUNTY SANITATION DISTRICT CITY OF CYPRESS Date: By: ______________________________ Ryan P. Gallagher Board Chairman Date: By: Sean Joyce, Interim City Manager ATTEST Date: By: Kelly A. Lore, MMC Clerk of the Board ATTEST Date: By: City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY’S OFFICE Date: By: _______________________________ By: _______________________________ Scott C. Smith OC San General Counsel Fred Galante Date: 55880.00002\43166451.1 Page 7 of 7 EXHIBIT A Standard Drawings Michael Dorman Digitally signed by Michael DormanDate: 2024.01.04 13:26:24-08'00' 55880.00002\43166451.1 Page 1 of 7 MASTER REIMBURSEMENT AGREEMENT BETWEEN CITY OF XXX AND ORANGE COUNTY SANITATION DISTRICT This cooperative cost reimbursement agreement (“Agreement”) is made and entered into as of _____________ (“Effective Date”), by and between the City of XXX (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at XXXX) (“City”) and Orange County Sanitation District (a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 18480 Bandilier Circle, Fountain Valley, California 92708) (“OC San”). City and OC San are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”. RECITALS WHEREAS, City initiates any particular street rehabilitation project ("Project") to improve pavement conditions City-wide; and WHEREAS, City’s Projects routinely involve the adjustment of OC San’s manhole frames and covers (“Manhole Adjustments”) that are within the Project’s area; and WHEREAS, City has agreed to perform the Manhole Adjustments as part of its Project and seek reimbursement from OC San for the costs associated with the Manhole Adjustments (“Manhole Adjustment Costs”); and WHEREAS, OC San has agreed to reimburse City for the Manhole Adjustment Costs; and WHEREAS, the Parties desire to enter into this Agreement to establish the general terms for OC San to reimburse the City for the Manhole Adjustment Costs. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference. 2. Scope of Agreement. This Agreement applies to any City Project that involves Manhole Adjustments. For each Project where Manhole Adjustments are required, the City will include the Adjustment Work in its Project scope. 3. Term. This Agreement shall commence on the Effective Date and continue for a term of ten (10) years from the Effective Date, unless terminated earlier in accordance with Section 16, below. 55880.00002\43166451.1 Page 2 of 7 4. Reimbursement. OC San’s obligation to reimburse City includes the actual total costs for construction of the Adjustment Work for each Project, plus an Administrative Fee of up to fifteen percent (15%) of the total costs of the Adjustment Work for each Project. The “Administrative Fee” is intended to cover the City’s internal costs related to administration of the Adjustment Work. a. For each Project, the anticipated costs shall be presented to OC San in the form of a Work Order, which will include all relevant scope and costs. The parties shall execute each Work Order prior to, or concurrent with, the City’s Project activities. b. Work Orders may be executed by the City’s Executive Director of Public Works, or their designee, pursuant to the requirements of this Master Agreement. Such Supplemental Agreements may be made in the form of letter agreements or instruments as agreed between the Parties. c. In any event, failure of the Parties to execute a Work Order shall not relieve OC San from obligation to pay for Manhole Adjustment Costs which are necessarily incurred as a result of City Projects, subject to City responsibilities outlined below. 5. Timing of Reimbursement. For completion of the Project, City shall submit an invoice to OC San setting forth the cost for the Adjustment Work and the amount of the Administrative Fee. Invoices shall be accompanied by a copy of appropriate documentation to substantiate the amounts included in the invoice. OC San shall provide reimbursement funds to City within thirty (30) calendar days of receipt of all required invoices and supporting documentation. 6. City Responsibilities. For each applicable Project, the City shall: a. Be responsible for compliance with the California Environmental Quality Act and all other permitting requirements. b. Where applicable, advertise for bids, hire a contractor, approve the work, and administer the contract for City’s Project which includes the Manhole Adjustment work. c. Include a separate line item in its bid documents for the Manhole Adjustment work. This line item will be identified and labelled as “Adjust OC San Manholes per OC San Standard Drawings S-050A, S-055 and S-055A” or similar designation. d. Allow OC San a period of two (2) weeks to review the proposed bid unit prices for Manhole Adjustment work. OC San reserves the right to decide, based on this review, whether to proceed with the reimbursement process or to make other arrangements to complete the Manhole Adjustment work. 55880.00002\43166451.1 Page 3 of 7 e. Provide written notification to OC San at least thirty (30) days prior to the commencement of any Project that will involve the Manhole Adjustment work. f. Include detailed information in the Project plans and specification indicating the location and the requirements for the Manhole Adjustments. The Project plans and specification shall also reference OC San’s standard drawings S-050A, S-055 and S-055A, or versions of the standards as published by OC San at the time of the construction, for the Adjustment Work. The current version of such standards are attached hereto as Exhibit A. g. Provide OC San staff with contractor schedules and updates within five (5) days of acceptance by City staff. h. Invite OC San staff to construction progress meetings. i. Notify OC San seventy-two (72) business hours prior to the need for an inspection. j. Ensure the City’s construction contractor coordinates with OC San to retrieve the manhole frames and covers for the Manhole Adjustment work (provided by OC San) from the OC San Treatment Plant No. 1 in Fountain Valley. k. Coordinate with OC San to ensure proper timing for OC San’s inspectors to be present during the Manhole Adjustment process. l. Obtain written approval from OC San for any change orders for Manhole Adjustment work prior to implementation. m. Document and inform OC San of the date of the completion of the Manhole Adjustment Work. City will verify with OC San prior to issuance of progress payment to City’s construction contractor that Manhole Adjustment work was completed per the standards. 7. OC San Responsibilities. For each applicable Project, OC San shall: a. Provide, at OC San’s expense, new frames and covers to replace the existing frames and covers. b. Provide, at OC San’s expense, inspection services to ensure compliance with the standards. OC San will promptly notify City if any portion of the Manhole Adjustment work appears not to conform to the standards and will work with the City to resolve all discrepancies. c. Respond to City’s request for an inspection within two (2) business days, excluding federal and local holidays. OC San will be responsible for the City’s construction contractor’s downtime due to failure to comply with this provision. 55880.00002\43166451.1 Page 4 of 7 8. Indemnification. Each Party shall indemnify, defend, and hold the other Party (its officials, officers, employees, agents, consultants, and contractors) free and harmless from any and all claims (demands, causes of action, costs, expenses, liabilities, losses, damages or injuries in law or in equity to property or persons including wrongful death) in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party (its officials, officers, employees, agents, consultants, or contractors) in the performance of the indemnifying Party’s obligations under this Agreement (including the payment of all reasonable attorneys’ fees). 9. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: TBD OC SAN: Orange County Sanitation District 18480 Bandilier Circle Fountain Valley, CA 92708 Attn: Clerk of the Board 10. Force Majeure. Neither Party will be liable for any delays or other non- performance resulting from circumstances or causes beyond its reasonable control (including without limitation fire or other casualty, act of God, strike or labor dispute, war or other violence, acts of third parties, or any law, order, or requirement of any governmental agency or authority other than the Parties). 11. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or Federal court situated in the County of Orange, State of California. 12. Entire Agreement. This Agreement represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein; and that any other agreements shall be void. This is an integrated Agreement. 13. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect. 55880.00002\43166451.1 Page 5 of 7 14. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this Agreement. 15. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 16. Termination. This Agreement may be terminated by the Parties upon thirty (30) days written notice of termination. In such event, City shall be entitled to receive reimbursement for any and all outstanding Manhole Adjustment Costs incurred prior to termination. 17. Time of Essence. Time is of the essence for each and every provision of this Agreement. 18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement. 19. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 21. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 22. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 55880.00002\43166451.1 Page 6 of 7 SIGNATURE PAGE FOR MASTER REIMBURSEMENT AGREEMENT BETWEEN CITY OF XXX AND ORANGE COUNTY SANITATION DISTRICT IN WITNESS WHEREOF, the Parties are signing this Agreement as of the Effective Date. ORANGE COUNTY SANITATION DISTRICT CITY OF XXX Date: By: ______________________________ Robert C. Thompson General Manager Date: By: xxxx City Manager ATTEST Date: By: Kelly A. Lore, MMC Clerk of the Board ATTEST Date: By: xxx City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY’S OFFICE Date: By:____________________________ Date: By:_______________________________ Scott C. Smith OC San General Counsel xxxx 55880.00002\43166451.1 Page 7 of 7 EXHIBIT A Standard Drawings 3/24/2026 1 Master Reimbursement Agreements Presented by: Nicholas Oswald, Maintenance Manager Operations Committee April 1, 2026 •Defines how OC San coordinates and reimburses manhole adjustments in city projects •Establishes a standardized agreement across municipalities •Ensures consistent quality, communication, and coordination across projects •Streamlines approvals and reduces project delays •Supports timely and efficient project delivery Purpose of the Master Reimbursement Agreement 2 1 2 3/24/2026 2 Benefits to a Templated Master Reimbursement Agreement 3 •Improves project efficiency by integrating work with city street projects •Covers OC San's actual costs plus up to a 15 percent administrative fee •Enhances communication and coordination with municipalities •Ensures quality through OC San-provided materials and inspections •Minimizes repetitive approvals with a long-term agreement approach Impacts Without the Agreement 4 •Higher costs due to separate construction and public bidding •Project delays from repeated agreement negotiations •Increased public disruption from additional street closures •Reduced coordination leading to inefficiencies and scheduling conflicts 3 4 3/24/2026 3 Streamlining Approval 5 •Allows GM to execute agreements •Reduces delays and returns agreements to municipalities faster •Enables cities to meet their council and committee approval timelines •Maintains oversight through reporting to OC San Operations Committee/Board •Improves overall efficiency and project delivery timelines Recommend to the Board of Directors to: A. Approve a Master Reimbursement Agreement with the City of Cypress,Specs. S-050A, S-055, and S-055A, establishing terms, procedures, andreimbursement for Orange County Sanitation District manhole frame andcover adjustments performed as part of Cypress Street Rehabilitation projects, in a standardized form approved by General Counsel; and B. Approve the Master Reimbursement Agreement Template and authorize the General Manager to execute future Master Reimbursement Agreements with other municipalities under similar terms, as approved by General Counsel. Recommendation 6 5 6 OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2025-4190 Agenda Date:4/1/2026 Agenda Item No:5. FROM:Robert Thompson, General Manager Originator: Mike Dorman, Director of Engineering SUBJECT: HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO.2,PROJECT NO. P2-141 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a project budget increase of $11,848,000 for Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141, for a total project budget of $46,500,000; B. Approve a Progressive Design-Build Contract with Big Sky Electric, Inc./Filanc, a Joint Venture, to provide Phase 1 progressive design-build services for Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141, for an amount not to exceed $3,902,200; and C. Approve an upper limit for this Contract of $39,710,000, which includes contingency. BACKGROUND The headworks of a wastewater treatment plant is where incoming sewer flows converge through a series of pipes,meters,flow diversions,and gates as part of the preliminary treatment process.At Orange County Sanitation District’s (OC San)Reclamation Plant No.2,the headworks blends sewage from four trunk lines before it enters the treatment process. Distribution Center H (DC-H) at Plant No. 2 houses the electrical distribution equipment that provides power and control to the headworks facilities through its switchgear and motor control centers.Power and control cables from DC-H are routed to the headworks process areas through an underground duct bank system that connects the various facilities. RELEVANT STANDARDS ·24/7/365 treatment plant reliability ·Ensure the public’s money is wisely spent ·Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard Orange County Sanitation District Printed on 3/24/2026Page 1 of 7 powered by Legistar™ File #:2025-4190 Agenda Date:4/1/2026 Agenda Item No:5. PROBLEM Over the past five years,several critical pieces of equipment at the headworks facilities have experienced shutdowns due to a steadily increasing rate of low-voltage power and control cable failure.Initially,failed cables were replaced through the execution of numerous smaller cable replacement projects, and nearly all spare conductors and conduits have been utilized. A condition assessment of the underground duct bank system identified several existing and spare conduits as blocked and unusable due to the failure of the fiberglass conduits.The ability to reuse existing underground conduits is significantly constrained. Recently,temporary replacement cables have been routed above ground due to the lack of available buried duct bank conduits.These temporary installations create operational and safety concerns, including potential tripping hazards,roadway restrictions,and reduce the reliability of the headworks electrical distribution system. In addition to the cable failure issues,variable frequency drives for the seven (7)main sewage pumps and sixteen (16)odor control fans are obsolete and have reached the end of their useful life. The main sewage pump vibration monitoring is also obsolete. PROPOSED SOLUTION Approve a Progressive Design-Build (PDB)contract to replace and reroute all low-voltage power and control cables serving the headworks.The project will also replace obsolete variable frequency drives and vibration monitoring equipment. TIMING CONCERNS Delaying approval of this contract will postpone the replacement of failed or failing cables,obsolete variable frequency drives,and obsolete vibration monitoring equipment,which could affect the operational reliability of the headworks facilities at Plant No. 2. RAMIFICATIONS OF NOT TAKING ACTION Based on experience,if no action is taken,it is anticipated that cable failures will continue to affect the reliability of the headworks facilities at Plant No.2.The variable frequency drives could fail, resulting in an urgent project to replace them.The vibration monitoring equipment could also fail, resulting in lack of critical equipment protection.The above-ground cable installations will remain in place due to the lack of available conduits,creating ongoing safety concerns such as tripping hazards and limiting safe access for operations and maintenance staff. PRIOR COMMITTEE/BOARD ACTIONS N/A Orange County Sanitation District Printed on 3/24/2026Page 2 of 7 powered by Legistar™ File #:2025-4190 Agenda Date:4/1/2026 Agenda Item No:5. ADDITIONAL INFORMATION Design Builder Selection: On May 15,2025,OC San hosted a Market Sounding event to assess the industry interest in the project and gather feedback from potential proposers before the Request for Proposal (RFP)was published.The event was advertised in OC San’s Vendor Portal in PlanetBids.The event was well attended with over forty attendees from different design consultants,design-build firms,and contractors. OC San held one-on-one meetings with seven interested firms from May 21,2025,to May 29,2025. The purpose of the meetings was to discuss information presented at the Market Sounding event, such as potential risks,project schedule,technical requirements,insurance requirements, commercial terms,and other factors that may have prevented firms from submitting a proposal for the project. On September 16,2025,OC San issued a Request for Proposals (RFP)to procure the work and services outlined in the project scope of work.The RFP was publicly advertised in the Orange County Register,and an electronic notification was sent to multiple firms through OC San’s Vendor Portal in PlanetBids. The RFP described the following evaluation criteria,which were used to determine the most qualified Design-Builder. Description Points Technical Proposal Evaluation Criteria Proposer Profile and Minimum Requirements Responsive or Non- Responsive Project Understanding and Key Issues 20 Project Team and Key Personnel 25 Project Experience and References 20 Project Delivery and Management Approach 20 Cost Development and Procurement Approach 5 Technical Proposal Maximum Score 90 Price Proposal Evaluation Criteria Phase 2 Design-Builder’s Fee Percentage 10 Price Proposal Maximum Score 10 TOTAL PROPOSAL MAXIMUM SCORE 100 This procurement and subsequent evaluation were conducted as a one-step,best-value solicitation in accordance with Section 22185 of the Public Contracting Code and under the guidance of OC San's Owner-Advisor. OC San offered optional Proprietary Meetings to provide prospective proposers with an opportunity to ask questions regarding the project technical requirements,draft Contract Documents,and draft RFP. Prospective proposers also used the time to describe preliminary technical concepts,preliminary project delivery approaches,and/or proposed changes in the Contract Documents.Five ProprietaryOrange County Sanitation District Printed on 3/24/2026Page 3 of 7 powered by Legistar™ File #:2025-4190 Agenda Date:4/1/2026 Agenda Item No:5. project delivery approaches,and/or proposed changes in the Contract Documents.Five Proprietary Meetings were held on October 7, 8, and 9, 2025. Four proposals were received on November 12,2025,and evaluated in accordance with the evaluation process set forth in OC San’s Purchasing Ordinance (OC SAN-61)by a pre-selected Evaluation Team consisting of OC San staff,which included a Senior Engineer (Project Manager),a Senior Engineer (Project Engineer),an Engineering Manager,an Engineering Supervisor,and a Maintenance Superintendent. The Evaluation Team also included four non-voting representatives:two from the Contracts Administration Division and two members from the Owner Advisor. Below is the summary of Technical Proposal scores with a maximum of ninety (90) points. Proposer Big Sky Electric, Inc./Filanc, a Joint Venture CDM Smith, Inc.LEED Electric, Inc. Shimmick Construction Company, Inc. Project Understanding & Key Issues (Max. 20 Points) 17.20 16.00 14.00 12.00 Project Team & Key Personnel (Max. 25 Points) 20.50 17.50 18.00 17.50 Project Experience & References (Max. 20 Points) 16.40 14.40 12.80 12.00 Project Delivery & Management Approach (Max. 20 Points) 16.40 15.60 13.20 16.00 Cost Development & Procurement Approach (Max. 5 Points) 4.50 4.60 4.50 4.30 Total Score (Max. 90 Points) 75.00 68.10 62.50 61.80 On December 15,2025,Contracts staff opened the Price Proposals of the two (2)highest-scoring firms and reviewed them for responsiveness. Both Price Proposals received were responsive. Interviews were conducted on December 16,2025,and December 17,2025.After the interviews,the Evaluation Committee scored the two Proposers on both their written technical proposal and interview.On December 18,2025,the Evaluation Committee provided their final scores,and all evaluators agreed regarding the scores and overall ranking of the Proposers.Below is the summary of the final Technical Proposal scores. Orange County Sanitation District Printed on 3/24/2026Page 4 of 7 powered by Legistar™ File #:2025-4190 Agenda Date:4/1/2026 Agenda Item No:5. Proposer Big Sky Electric, Inc./Filanc, a Joint Venture CDM Smith, Inc. Project Understanding & Key Issues (Max. 20 Points) 17.2 16.8 Project Team & Key Personnel (Max. 25 Points)22.5 17.5 Project Experience & References (Max. 20 Points) 18 15.6 Project Delivery & Management Approach (Max. 20 Points)17.6 16.4 Cost Development & Procurement Approach (Max. 5 Points) 4.6 4.3 Total Score (Max. 90 Points)79.9 70.6 The Price Proposals were kept confidential and were not disclosed to the Evaluation Committee until after the Technical Proposal scores were finalized.On December 18,2025,Contracts staff evaluated the Price Proposals using the cost scoring method established in the RFP.The table below summarizes the Price Proposal scores. Proposer Phase 2 Design-Builder’s Fee Score (Max. 10 Points) Big Sky Electric, Inc./ a Joint Venture 8.57 CDM Smith, Inc.10.00 On December 18,2025,the Evaluation Committee convened,and Contracts staff provided the Price Proposal score to the Evaluation Committee after receiving the final Technical Proposal scores. Contracts staff proceeded with adding the Price Proposal score to the final Technical Proposal score. The table below shows the summary of the final total Proposal scores. Proposer Big Sky Electric, Inc./Filanc, a Joint Venture CDM Smith, Inc. Project Understanding & Key Issues (Max. 20 Points) 17.2 16.8 Project Team & Key Personnel (Max. 25 Points)22.5 17.5 Project Experience & References (Max. 20 Points) 18 15.6 Project Delivery & Management Approach (Max. 20 Points)17.6 16.4 Cost Development & Procurement Approach (Max. 5 Points) 4.6 4.3 Phase 2 Design-Builder's Fee (Max. 10 Points)8.57 10 Total Score (Max. 100 Points)88.47 80.6 The Best-Value Proposer was selected based on a range of factors,including technical design,Orange County Sanitation District Printed on 3/24/2026Page 5 of 7 powered by Legistar™ File #:2025-4190 Agenda Date:4/1/2026 Agenda Item No:5. The Best-Value Proposer was selected based on a range of factors,including technical design, construction expertise,financial record,skilled labor force availability,safety record,and competitive fee. In its technical proposal and oral interview,Big Sky Electric,Inc./Filanc,a Joint Venture, demonstrated a clear understanding of the scope of work,strong technical capabilities as well as a novel design alternative and procurement approach that can advance project completion.The team also demonstrated familiarity with Reclamation Plant No.2 and experience coordinating with Operations and Maintenance staff,which will support a collaborative project environment,minimize risks, and expedite project delivery. Therefore,the Evaluation Team determined that Big Sky Electric,Inc./Filanc,a Joint Venture,is the best-value and most qualified Design-Builder to successfully complete the scope of work. Negotiations: Based on the Evaluation Committee’s recommendation,the Director of Engineering authorized the start of negotiations on December 18,2025,with the highest-ranking proposer,Big Sky Electric, Inc./Filanc, a Joint Venture. Staff conducted negotiations with Big Sky Electric,Inc./Filanc,a Joint Venture,to clarify the scope of work,contractual requirements,key assumptions,and the proposed approach to meet the goals and objectives for the project. Several meetings were held during negotiations.The scope was revised to include additional vibration monitoring design services for the existing Main Sewage Pumps (MSPs).Scope assumptions were better clarified, and the Phase 1 schedule was updated accordingly. Original Amount Final Negotiated Amount Phase 1 Services $3,988,000 $3,902,200 The Design-Builder proposed several exceptions to the contract,including provisions related to limitation of liability and indemnification.These exceptions were reviewed,revised,and approved during negotiations by the Legal Counsel and Risk Management teams from both OC San and the Design-Builder. Based on the results of these negotiations,staff determined that the final negotiated fee is fair and reasonable for this project and recommends awarding the PDB Contract to Big Sky Electric, Inc./Filanc, a Joint Venture. The main sewage pump vibration monitoring equipment was added after the original construction budget was established.The variable frequency drive cost estimate had incorrect costs entered for material and labor.Together,these cost differences total approximately $10M.Additionally,copper prices have increased approximately 25%in the past year.Finally,the Phase 1 cost was based on a lower construction cost,and did not include the detailed field investigation work recommended by the Design-Builder.A budget increase of $11,848,000 is recommended to provide sufficient funds for the PDB contract upper limit. Orange County Sanitation District Printed on 3/24/2026Page 6 of 7 powered by Legistar™ File #:2025-4190 Agenda Date:4/1/2026 Agenda Item No:5. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations sections 15301.A Notice of Exemption will be filed with the OC Clerk-Recorder and State Clearinghouse after the General Manager approval of the Guaranteed Maximum Price Amendment. FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Budget Update FY 2025-26,Page A-7,Headworks Electrical Distribution Improvements at Plant No.2,Project No.P2-141).The project budget increase will be included in the budget approval process for the upcoming fiscal year. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Draft Professional Design-Build Contract ·Presentation OP:lb Orange County Sanitation District Printed on 3/24/2026Page 7 of 7 powered by Legistar™ PROGRESSIVE DESIGN-BUILD CONTRACT FOR HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 PROJECT NO. P2-141 PROGRESSIVE DESIGN-BUILD CONTRACT .................................................. 1 ATTACHMENT 1 - GENERAL CONDITIONS…………………………………..A.1 ATTACHMENT 2 - PHASE 1 SCOPE OF WORK………………………………A.2 ATTACHMENT 3 - SPECIAL CONDITIONS……………………………………A.3 ATTACHMENT 4 - DESIGN-BUILDER’S RFP PRICING……………………...A.4 ATTACHMENT 5 - PERFORMANCE BOND……………………………………A.5 ATTACHMENT 6 - PAYMENT BOND (LABOR AND MATERIALS)…………A.6 ATTACHMENT 7 - GENERAL REQUIREMENTS………………………………A.7 ATTACHMENT 8 - CONTRACTOR SAFETY STANDARDS………………….A.8 ATTACHMENT 9 - HUMAN RESOURCES POLICIES ………………………..A.9 ATTACHMENT C - SKILLED AND TRAINED WORKFORCE CERTIFICATION ATTACHMENT D - CONFLICT OF INTEREST DISCLAIMER ATTACHMENT E - ACKNOWLEDGEMENT OF ADDENDA RECEIPT ATTACHMENT F - IRAN CONTRACTING ACT VERIFICATION ATTACHMENT G - CALIFORNIA AIR RESOURCES BOARD MOBILE SOURCE CERTIFICATIONS (NOT INCLUDED) ATTACHMENT H - ACKNOWLEDGMENT OF CALIFORNIA VOLUNTARY PROTECTION PROGRAM ANNUAL REPORTING REQUIREMENT ATTACHMENT I - PRICE PROPOSAL FORM (NOT INCLUDED) ATTACHMENT J - ACKNOWLEDGEMENT OF PDB CONTRACT (NOT INCLUDED) ATTACHMENT K - CONFIDENTIALITY AND WAIVER OF PROTEST AGREEMENT (NOT INCLUDED) PDB - Contract Revised 091625 PROJECT NO. P2-141 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 1 of 7 PROGRESSIVE DESIGN-BUILD CONTRACT BETWEEN ORANGE COUNTY SANITATION DISTRICT AND BIG SKY ELECTRIC, INC./FILANC A JOINT VENTURE FOR THE HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2, PROJECT NO. P2-141 This Progressive Design-Build Contract (“Contract”) is made and entered into this 22nd day of April, 2026 (“Effective Date”) by and between the Orange County Sanitation District (hereinafter referred to as “OC SAN”) and BIG SKY ELECTRIC, INC./FILANC A JOINT VENTURE (hereinafter collectively referred to as “Design-Builder”). OC SAN and Design-Builder are sometimes individually referred to as “Party” and collectively as “Parties.” RECITALS A. OC SAN is a public agency of the State of California and is in need of turnkey design and construction for the Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141 (“Project”), which will include two phases: (1) preconstruction design phase services and final design services (“Phase 1”); and (2) construction services to complete the Project (“Phase 2”), each of which are more fully described in the Contract Documents (collectively, “Services”). B. OC SAN is authorized by Public Contract Code section 22185 et seq. to use progressive design-build contracting on the Project and issued a request for proposals (“RFP”) to interested and qualified teams to submit a proposal (“Proposal”). C. OC SAN has awarded this Contract to Design-Builder based on Design-Builder's Proposal in response to the RFP. D. During Phase 1, Design-Builder shall perform Phase 1 Services consistent with the requirements of the Contract Documents, during or after which Design-Builder shall prepare and propose to OC SAN on an Open Book Basis a Guaranteed Maximum Price (“GMP”) to complete Phase 2 Services and, if accepted by OC SAN, the Parties shall enter into an amendment to the Contract for Design-Builder’s performance of Phase 2. E. In entering into this Contract, the Parties expressly agree that OC SAN is under no obligation to proceed with Phase 2. F. Design-Builder warrants and represents that it is duly licensed in the State of California and is able and qualified to perform the Services for the Project. G. The Parties desire to enter into this Contract for the purpose of setting forth the terms and conditions upon which Design-Builder will complete the Project. PDB - Contract Revised 091625 PROJECT NO. P2-141 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 2 of 7 TERMS 1. CONTRACT DOCUMENTS 1.1 Incorporation of Recitals; Contract Documents (a) The above-referenced recitals are true and correct and are incorporated into this Contract by this reference. This Contract includes and hereby incorporates in full by reference the following documents which are the “Contract Documents,” including all exhibits, drawings, specifications and documents therein, and attachments, addenda, and amendments thereto: (i) Progressive Design-Build Contract (ii) General Conditions (Attachment 1) (iii) Phase 1 Scope of Work (Attachment 2) (iv) Special Conditions (Attachment 3) (v) Design-Builder’s RFP Pricing (Attachment 4) (vi) Performance Bond (Attachment 5) (vii) Payment Bond (Labor and Materials) (Attachment 6) (viii) General Requirements (Attachment 7) (ix) Contractor Safety Standards (Attachment 8) (x) Human Resources Policies (Attachment 9) (xi) GMP Amendment (xii) Amendments (xiii) Assignment of Work Product License (xiv) Design-Builder Certifications from Proposal (xv) RFP and all addenda, attachments, and appendices (xvi) Change Orders (xvii) Permits (xviii) Construction Documents 1.2 Use of Defined Terms. Any capitalized term herein not defined in the Contract, or other Contract Documents, shall have the meaning set forth in Article 1 of the General Conditions. PDB - Contract Revised 091625 PROJECT NO. P2-141 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 3 of 7 1.3 Integration/Modification. The Contract Documents and any documents specifically incorporated by reference are completely integrated as the complete and exclusive statement of the terms of this Contract. This Contract supersedes all previous contracts, agreements, and/or communications, both oral and written, and constitutes the entire understanding of OC SAN and Design-Builder. No extrinsic evidence whatsoever shall be admissible or used to explain or supplement the terms of this Contract, Contract Documents, or any items incorporated by reference. 2. DESIGN-BUILDER’S SERVICES AND RESPONSIBILITIES 2.1 Phase 1 (a) Phase 1 Services. Design-Builder promises and agrees to furnish to OC SAN all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform Phase 1 and complete Phase 1 Services consistent with the requirements in the Contract Documents. The Phase 1 Services are more particularly described in the Contract Documents, including, without limitation, the Phase 1 Scope of Work in Attachment 2. (b) Phase 1 Commencement. Design-Builder shall commence the performance of Phase 1 Services upon OC SAN’s issuance of a Notice to Proceed for a portion of or for the entirety of services for Phase 1. OC SAN has no obligation to issue a Notice to Proceed for Phase 1 Services. All Phase 1 Services performed by Design-Builder prior to OC SAN’s issuance of a Notice to Proceed shall be at Design-Builder’s sole risk. (c) Phase 1 Amendments. Phase 1 Services shall be performed pursuant to a Notice to Proceed issued by OC SAN. Modifications and or additions to the Phase 1 Scope of Work must be agreed upon and approved Amendments shall be issued, if applicable, in a form provided by OC SAN and shall be subject to all terms and conditions of the Contract Documents. No compensation shall be provided for any modified and/or added Phase 1 Services unless authorized by a fully executed Amendment. (d) Phase 1 Term. Design-Builder shall complete the Phase 1 Work within [INSERT CALENDAR DAYS] Days of OC SAN’s issuance of the Notice to Proceed. Design- Builder shall not be entitled to any costs due to any impacts, disruption, or delays occurring during performance of Phase 1 Services. If OC SAN or any other party exceeds or fails to meet any time limit provided in the Contract Documents for performance of any action during Phase 1 Services, Design-Builder’s sole remedy shall be an adjustment of the time period for performance of Phase 1 Services. Any delay that occurs during Phase 1 shall have no impact on OC SAN’s right to terminate Phase 1 at any time as provided in the General Conditions. (e) Early Purchase Items; Early Construction Packages. The Parties may agree to have Design-Builder procure Early Purchase Items and perform Early Construction Packages prior to commencing Phase 2 by executing an Early Purchase Item Amendment or Early Construction Package Amendment, as applicable. 2.2 Phase 2 (a) Commencement of Phase 2. Design-Builder shall not commence Work for Phase 2 until OC SAN executes a Phase 2 GMP Amendment and issues a Notice to Proceed for PDB - Contract Revised 091625 PROJECT NO. P2-141 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 4 of 7 Phase 2. Design-Builder may request a Notice to Proceed with Construction Work prior to completion of the 100% Construction Documents, and OC SAN may issue the same with acceptance by Design-Builder, provided that Design-Builder shall not construct any portion of the Project until the design of such portion has been issued Governmental Approvals and OC SAN’s approval for construction. (b) Work Packages. OC SAN and Design-Builder may agree to complete the Construction Work with individual Work Packages. Each Work Package would be a discrete and defined portion of the Project that includes its own GMP and Milestone Date, agreed to by the Parties in a GMP Amendment. OC SAN may issue Work Packages that Design-Builder can perform concurrently. (c) Final Completion Date. Design-Builder shall complete Phase 2 within the Final Completion Date. As of the Effective Date, the Final Completion Date has not been agreed to by the Parties. The Final Completion Date will be established in a Phase 2 GMP Amendment and it shall run from the Notice to Proceed for Phase 2 even if issued prior to completion of the 100% Construction Documents. 3. DESIGN-BUILDER’S COMPENSATION 3.1 Phase 1 Compensation (a) OC SAN shall pay Design-Builder a lump sum amount of Three Million Nine Hundred Two Thousand Two Hundred Dollars($3,902,200) for performance of the Phase 1 Services based on the Work satisfactorily performed and accepted by OC SAN pursuant to the Contract Documents, subject to any additions or deductions as provided in the Contract Documents (“Phase 1 Fee”). The Phase 1 Fee includes any and all costs and expenses required to provide the Phase 1 Services. OC SAN shall not be liable to Design-Builder for any other costs or expenses paid or incurred by Design-Builder in performing Phase 1 Services, except as expressly provided for in this Contract. 3.2 Phase 2 Compensation (a) Construction Phase Compensation. Design-Builder’s compensation for Phase 2 Services shall be Phase 2 Price as further described, and subject to, the limitations set forth below and as indicated in the Contract Documents. Design-Builder expressly agrees and acknowledges that, as of the Effective Date, Design-Builder is not entitled to any compensation for Phase 2 Services, and shall only be entitled to such compensation if: (1) OC SAN accepts the Design-Builder’s Phase 2 Price Proposal; (2) the Parties execute, and the General Manager approves, a Phase 2 GMP Amendment; and (3) OC SAN issues a Notice to Proceed for Phase 2. PDB - Contract Revised 091625 PROJECT NO. P2-141 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 5 of 7 4. DESIGN-BUILDER’S LICENSE AND REGISTRATION Design-Builder shall have only appropriately licensed contractors performing work on the Project as required by the Business and Professions Code. Design-Builder (License No. CA#932532) shall act as the licensed contractor for the Project. Design-Builder shall perform all services required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and the Design-Builder shall be fully responsible to OC SAN for any damages and/or delays to the Project as specified in the Contract. The licensed contractor shall be registered with the Department of Industrial Relations to perform public work (DIR Registration No. 1000027842). 5. DESIGN-BUILDER’S DESIGN PROFESSIONAL Design-Builder shall name a specific person to act as the Design Manager as described in the General Conditions, subject to the approval of OC SAN. Design-Builder hereby designates Chris Kindle (License No.: CA#17946) to act as the Design Manager for the Project. Design- Builder’s Design Manager shall perform all Design Work required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and Design-Builder shall be fully responsible to OC SAN for any damages and/or delays to the Project as specified in the indemnification provisions of the Contract. Any change in the Design Manager shall be subject to OC SAN’s prior written approval, which approval shall not be unreasonably withheld. The new Design Manager shall be of at least equal competence as the prior Design Manager. In the event that OC SAN and Design-Builder cannot agree as to the substitution of a new Design Manager, OC SAN shall be entitled to terminate this Contract as described in the General Conditions. 6. 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 PDB - Contract Revised 091625 PROJECT NO. P2-141 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 6 of 7 Scott C. Smith Best Best & Krieger LLP 18101 Von Karman Avenue, Suite 1000 Irvine, California 92612 scott.smith@bbklaw.com TO DESIGN-BUILDER: Larry Strohm, President BIG SKY ELECTRIC / FILANC A JOINT VENTURE 310 McArthur Way, Suite A Upland, CA 91786 lstrohm@bigskyelectric.com clivingston@bigskyelectric.com 7. AUTHORITY OF SIGNATORIES The persons executing this Contract on behalf of their respective Parties represent and warrant that they have the authority to do so under law and from their respective Parties. [SIGNATURES FOLLOW ON NEXT PAGE] PDB - Contract Revised 091625 PROJECT NO. P2-141 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 7 of 7 SIGNATURE PAGE TO PROGRESSIVE DESIGN BUILD CONTRACT BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND BIG SKY ELECTRIC, INC./FILANC A JOINT VENTURE. IN WITNESS WHEREOF, the Parties hereby execute this Progressive Design-Build Contract as of the Effective Date. ORANGE COUNTY SANITATION DISTRICT By: RYAN P. GALLAGHER Board Chairman By: KELLY A. LORE Clerk of the Board By:____________________________________ KEVIN WORK Purchasing & Contracts Manager BIG SKY ELECTRIC, INC./FILANC A JOINT VENTURE By:___________________________________ LARRY STROHM Its: ________________________________ By:___________________________________ ROBERT ZAISER Its:________________________________ Contractor’s License Number: 932532_______ DIR Registration Number: 1000027842______ PDB – Attachment 1 – General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 ATTACHMENT 1 GENERAL CONDITIONS PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page i of iv ATTACHMENT 1 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS ........................................................................................... 1 1.1 Applicability ............................................................................................... 1 1.2 Defined Terms .......................................................................................... 1 1.3 Terminology ............................................................................................ 12 ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ................. 13 2.1 Intent of Contract Documents .................................................................. 13 2.2 Reference Standards; Interpretation of Contract Documents .................. 13 2.3 Order of Precedence. .............................................................................. 14 2.4 Amending and Supplementing Contract Documents ............................... 15 2.5 Examining Contract Documents, Project Site .......................................... 16 2.6 Reuse of Documents ............................................................................... 18 2.7 Ownership and Use of Construction Documents ..................................... 18 2.8 Confidential Information. ......................................................................... 19 ARTICLE 3 - EXECUTION OF CONTRACT; INSURANCE, BONDS, INDEMNIFICATION ........................................................................................... 19 3.1 Notice to Proceed. ................................................................................... 19 3.2 Contract Bonds ....................................................................................... 20 3.3 Insurance. ............................................................................................... 21 3.4 Design-Builder’s Liability Not Limited by Insurance. ................................ 26 3.5 General Indemnification. ......................................................................... 26 3.6 Joint and Several Liability ........................................................................ 28 3.7 Personal Liability ..................................................................................... 28 ARTICLE 4 - CONTROL OF THE WORK. ................................................................... 28 4.1 Authority of OC SAN’s Representative .................................................... 28 4.2 Supervision by Design-Builder ................................................................ 29 4.3 Access to Work. ...................................................................................... 30 ARTICLE 5 - SCOPE OF WORK ................................................................................. 31 5.1 General Responsibilities .......................................................................... 31 5.2 Design Work ............................................................................................ 33 PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page ii of iv 5.3 Design-Builder’s Performance of Work ................................................... 34 5.4 Construction Quality Assurance, Quality Control ..................................... 35 ARTICLE 6 - LEGAL RELATIONS AND RESPONSIBILITIES .................................... 36 6.1 Laws to be Observed. ............................................................................. 36 6.2 Labor Requirements ................................................................................ 37 6.3 Safety and Accident Protection. .............................................................. 41 6.4 Patents .................................................................................................... 43 6.5 Responsibility for Loss, Damage, or Injury .............................................. 43 6.6 Preservation of Property.......................................................................... 44 6.7 Warranty of Title ...................................................................................... 45 6.8 Property Rights in Material ...................................................................... 46 6.9 Taxes. ..................................................................................................... 47 6.10 Assignment of Antitrust Actions ............................................................... 47 6.11 Subcontracting. ....................................................................................... 47 6.12 Software Licensing Agreement and Provisions for Use. .......................... 50 6.13 Assignment ............................................................................................. 51 6.14 Security. .................................................................................................. 51 ARTICLE 7 - COST OF CONSTRUCTION WORK ...................................................... 52 7.1 Early Construction and Early Purchases. ................................................ 52 7.2 Guaranteed Maximum Price. ................................................................... 54 7.3 Composition of Guaranteed Maximum Price. .......................................... 54 7.4 Convert GMP to Lump Sum Price. .......................................................... 60 7.5 Self-Performed Construction Work .......................................................... 60 7.6 Key Subcontractors ................................................................................. 62 7.7 Subcontracted Construction Work ........................................................... 62 7.8 GMP Proposal ......................................................................................... 64 7.9 GMP Amendment .................................................................................... 66 ARTICLE 8 - PROSECUTION OF THE WORK ........................................................... 68 8.1 Progress of the Work .............................................................................. 68 8.2 Defective Work ........................................................................................ 68 8.3 Use Prior to Final Completion (Beneficial Occupancy) ............................ 69 PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page iii of iv 8.4 Substantial Completion. .......................................................................... 70 8.5 Final Completion and Final Acceptance. ................................................. 71 8.6 Warranty (Design-Builder’s Guarantee) .................................................. 72 ARTICLE 9 - PROJECT SITE ...................................................................................... 74 9.1 Use of Project Site................................................................................... 74 9.2 Conditions at Project Site. ....................................................................... 75 9.3 Trenches ................................................................................................. 76 9.4 Differing Site Conditions .......................................................................... 76 ARTICLE 10 - CONTRACT TIME; SCHEDULE .......................................................... 77 10.1 Time for Completion. ............................................................................... 77 10.2 Extension of Time For Delay ................................................................... 78 10.3 Liquidated Damages ............................................................................... 80 10.4 Schedules ............................................................................................... 80 ARTICLE 11 - CHANGE IN CONTRACT PRICE, TIME .............................................. 81 11.1 Phase 1 Changes.................................................................................... 81 11.2 Phase 2 Changes.................................................................................... 83 11.3 Procedure for Resolving Claims .............................................................. 88 ARTICLE 12 - MEASUREMENT; PAYMENT .............................................................. 93 12.1 Payment of Compensation for Phase 1 Services .................................... 93 12.2 Payment of Compensation for Phase 2 Work .......................................... 94 12.3 Application for Payment of Compensation for Phase 2 Work .................. 96 12.4 Payments to Subcontractors ................................................................... 99 12.5 Final Payment ....................................................................................... 100 12.6 Audit Access to Records ....................................................................... 101 12.7 California False Claims Act ................................................................... 102 ARTICLE 13 - TERMINATION; SUSPENSION.......................................................... 103 13.1 Termination of Phase 1 Services .......................................................... 103 13.2 Suspension of Phase 1 Services by OC SAN ....................................... 104 13.3 Suspension of Phase 2 Work by OC SAN ............................................. 104 13.4 Termination of Phase 2 Work for Cause by OC SAN ............................ 105 13.5 Termination of Phase 2 Work for Convenience by OC SAN .................. 107 PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page iv of iv ARTICLE 14 - MISCELLANEOUS CONTRACT PROVISIONS ................................. 109 14.1 Governing Law ...................................................................................... 109 14.2 Notice .................................................................................................... 109 14.3 Partial Invalidity ..................................................................................... 109 14.4 Waiver of Rights .................................................................................... 110 14.5 Separate Contracts ............................................................................... 110 14.6 Notice of Third Party Claims.................................................................. 110 14.7 Cumulative Remedies ........................................................................... 110 14.8 Survival of Obligations ........................................................................... 110 14.9 Prohibited Interests ............................................................................... 111 14.10 Headings ............................................................................................... 111 14.11 State License Board Notice. .................................................................. 111 14.12 Change In Name Or Nature of Design-Builder’s Legal Entity ................ 111 14.13 Other Legal Provisions .......................................................................... 111 14.14 Limitation of Liability ............................................................................. 111 PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 1 of 112 ARTICLE 1 - DEFINITIONS 1.1 Applicability A. These General Conditions govern Phase 1, Phase 2, and completion of the Project by Design-Builder. 1.2 Defined Terms A. Wherever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Act of God – Act of God is an earthquake of magnitude 3.5 or higher on the Richter Scale or a tidal wave. 2. Allowance – A sum used by OC SAN for categories of Construction Work that cannot be established at the time of a GMP Amendment. 3. Amendment – An order issued by OC SAN that authorizes Design-Builder to proceed with certain Work. There may be multiple Amendments for multiple GMPs. 4. Applicable Laws – The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state, or federal governmental authorities, or private authorities with jurisdiction (including utilities), to the extent they apply to the Project. 5. As-Built Drawings – A copy of the Construction Documents used by Design- Builder to record changes to the Work as specified in the General Requirements. 6. Background Documents – Key documents provided to Design-Build Entity prior to the commencement of Phase 1 to further understand the requirements of the Project. 7. Beneficial Occupancy – The intended use of a building, system, structure, or facility by OC SAN prior to Final Completion. 8. Board – Board of Directors. 9. Board of Directors – The Board of Directors of the Orange County Sanitation District, which is authorized to award a Contract. 10. Change Order – A written order by OC SAN’s Representative, made bilaterally by OC SAN and Design-Builder or unilaterally by OC SAN, that authorizes an addition, deletion, or revision in the Work or an adjustment in the Phase 1 Fee, PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 2 of 112 GMP, Contract Price, or the Contract Time in accordance with the Contract Documents. Change Order and Amendment may be used interchangeably. 11. Change Order Request – A request made by Design-Builder for an adjustment in the Phase 1 Fee, GMP, Contract Price, or Contract Time as the result of a Design-Builder-claimed change to the Work. The term Change Order Request and Request for Change may be used interchangeably. 12. Concurrent Delay – When the OC SAN caused delay to the Critical Path occurs simultaneously with a Design-Builder caused delay to the Critical Path. 13. Construction Documents – The Plans and Specifications prepared by Design- Builder for the Project and accepted by OC SAN and incorporated into the Contract through a GMP Amendment. The Construction Documents shall set forth in detail all items necessary to complete the construction (other than such details customarily provided by others during construction) of the Project in accordance with the Contract Documents. Following commencement of Phase 2, Construction Documents become part of the Contract Documents upon their completion and acceptance by OC SAN. All amendments and modifications to the Construction Documents must be approved by OC SAN in writing. 14. Construction Work – That portion of the Work on the Project consisting of the provision of labor, materials, furnishings, equipment, and services in connection with the construction of the Project as set forth in the Contract Documents. 15. Contract – The entire integrated written agreement between OC SAN and Design-Builder concerning the Work. “Contract” may be used interchangeably with “Agreement”, “Progressive Design-Build Contract”, or “PDB Contract” in the Contract Documents. 16. Contract Price – The sum total of all compensation due to Design-Builder for all Phase 1 Services and Phase 2 Services under the Contract. 17. Contract Time – The number of days or the dates stated in the Contract Documents or GMP Amendment to achieve defined Milestone Dates, if any, and to complete the Work by the Final Completion Date. 18. Cost of Work – The Direct Cost, General Conditions Cost, and Subcontractor Construction Cost incurred in the performance of Work and more particularly described in the General Conditions. 19. CPM Schedule – A scheduling method that uses a network diagram to depict the sequences of tasks required to complete the Project, or a portion thereof, which are known as paths. Once the paths are defined, the duration of each path is calculated by an algorithm to identify the Critical Path, which determines the total duration of the Project, or a portion thereof. 20. Critical Path – A continuous sequence of schedule network activities with the least amount of total float, ending at a milestone. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 3 of 112 21. Critical Supply Shortage – An unusual shortage in materials that is (a) supported by documented proof that Design-Builder made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Design-Builder at the time it entered a GMP Amendment. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage. 22. Day – A calendar day of 24 hours measured from midnight to the next midnight. 23. Defective Work – Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents. 24. Design-Build Team or Project Team – The Design-Builder and the individuals and other entities identified by Design-Builder as members of its team, including, but not limited to, Key Firms, Subcontractors, and Key Personnel. 25. Design-Builder – The individual or entity with which OC SAN has contracted for performance of the Work. 26. Design-Builder Contingency – An amount approved by OC SAN and part of a GMP that Design-Builder may use with the written approval of OC SAN for unanticipated work as further described in the Contract Documents. 27. Design-Builder Representative – The person or firm identified as the primary contact person and representative of Design-Builder as designated in the Contract Documents and who shall not be changed without prior written consent of OC SAN. 28. Design-Builder’s Fee – Design-Builder’s fee for its home office overhead and profit applied to Cost of Work, as further described in the Contract Documents. 29. Design-Builder’s Proposal – The proposal submitted by Design-Builder in response to the RFP. 30. Designer of Record or Lead Designer – The individual, partnership, corporation, joint venture, or other legal entity of the Design-Build Team completing the Design Work on the Project and who provides the Design Manager for the Project. 31. Design Manager – The individual named in the Contract, and provided by the Designer of Record, who will provide the required architectural, engineering, and PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 4 of 112 other professional services required for the coordinated design of the Project and the administration of construction. 32. Design Work – The portion of the Work on the Project consisting of the design services and design deliverables required to be provided in connection with the design of the Project as set forth in the Contract Documents. 33. Differing Site Conditions – Concealed or latent physical conditions or subsurface conditions at the Site that: (i) Design-Builder believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (ii) materially differ from those indicated in the Construction Documents or (iii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work. The term Differing Site Conditions does not include, among other things, conditions of which Design-Builder had knowledge of as of the applicable GMP Amendment date, including conditions that could reasonably have been known, discovered, or revealed as a result of the examinations, investigations, explorations, tests, or studies of the Site required to be performed by Design- Builder as part of Design Work or that Design-Builder could have reasonably inferred based on its experience and expertise. 34. Direct Cost – Verifiable cost necessarily incurred in the performance of Construction Work and more particularly described in the General Conditions. 35. Draft Progressive Design-Builder Contract or Draft PDB Contract – The draft progressive design-build contract for the Project, including all of its exhibits, presented as an attachment to the RFP. 36. Early Construction Package – Construction Work negotiated separately from Phase 2 to commence demolition, grading, site preparation, utility work, mobilization, or other work prior to the start of Phase 2. Design-Builder shall perform an Early Construction Package subject to the requirements of the Contract Documents for Construction Work. 37. Early Construction Package Amendment – An approved amendment to the Contract authorizing Design-Builder to perform an Early Construction Package subject to the requirements of the Contract Documents for Construction Work. 38. Early Purchase Item – Long lead procurement items (manufactured/fabricated items, equipment, materials and supplies) for the Project procured by Design- Builder during Phase 1 as further described in the General Conditions. 39. Early Purchase Item Amendment – An approved amendment to the Contract authorizing Design-Builder to commence procurement of an Early Purchase Item. 40. Effective Date of the Contract – The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 5 of 112 the Contract is signed and delivered by the last of the two parties to sign and deliver. 41. Extra Work – New or unforeseen Work, or added Work of a different character or function and for which no basis for payment is prescribed in the Contract Documents; or that involves revisions of the details of the Work. 42. Final Acceptance – Action taken by OC SAN’s General Manager, or as delegated pursuant to OC SAN’s current Purchasing Ordinance and any amendments thereto, accepting Final Completion. 43. Final Completion – The time at which Work has been entirely completed by Design-Builder, at the sole discretion of OC SAN, as further described in the Contract Documents. 44. Final Completion Date – The time within which Design-Builder must achieve Final Completion of the Project. 45. Force Majeure Event – An event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics, or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Design-Builder and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances; emergency proclamations and orders; rules to protect the public health, welfare, and safety; and other actions of OC SAN in its capacity as a municipal authority. 46. General Conditions – Legal and contractual instructions to Design-Builder setting forth both Design-Builder and OC SAN responsibilities for business-related activities pertaining to the Contract. The term “General Conditions” used in the Specifications shall be interpreted to refer to the General Conditions of the Contract Documents. 47. General Conditions Cost – The costs for activities, facilities, and services required to support the Construction Work and manage the Project site, without mark-up, which shall include, without limitation, those items listed in a GMP Amendment as further described in the Contract Documents. 48. General Manager – The individual designated by the OC SAN Board of Directors as its chief executive officer and agent. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 6 of 112 49. General Requirements – Legal and contractual instructions to Design-Builder setting forth both Design-Builder and OC SAN responsibilities for technical aspects of the Work indicated under the Contract. The term “General Requirements” used in the Specifications shall be interpreted to refer to the General Requirements of the Contract Documents. 50. Governmental Approvals – Any permit, license, authorization, consent, certification, exemption, grant, waiver, ruling, entitlement, variance or other approval; and any revision, modification, amendment, supplement, renewal, or extension of any of the foregoing, issued by a Governmental Body of whatever kind and however described, which is required under Applicable Law to be obtained or maintained by any person with respect to the Project. 51. Governmental Body – Any federal, state, regional or local legislative, executive, judicial or other governmental board, department, agency, authority, commission, administration, court or other body, or any official thereof, other than the Board of Directors, having jurisdiction in any way over or in respect of any aspect of the performance of the Contract or the Project. 52. Guaranteed Maximum Price or GMP – The maximum possible compensation paid by OC SAN to Design-Builder for the performance and completion of Work, subject to any additions or deductions as provided in the Contract Documents. There may be more than one GMP on the Project, which may be specific to a particular Work Package. 53. GMP Amendment – A written amendment duly executed by the Parties resulting from Design-Builder submitting a GMP Proposal and the Parties agreeing to a mutually acceptable GMP. There may be more than one GMP Amendment on the Project. The term Amendment and GMP Amendment may be used interchangeably. 54. GMP Proposal – Design-Builder’s proposal to OC SAN to complete Work or a portion of the Work, and further described in the Contact Documents. The term GMP Proposal and/or Price Proposal may be used interchangeably. 55. Holidays – Holidays occur on: New Year’s Day - January 1 Martin Luther King Jr. Day – Third Monday of January President’s Day – Third Monday of February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Veteran’s Day - November 11 Thanksgiving Day - Fourth Thursday in November Friday after Thanksgiving Christmas Eve - December 24 Christmas Day - December 25 PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 7 of 112 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays. OC SAN reserves the right to recognize additional Holidays without prior notice. 56. Inspector – The individual(s) designated by OC SAN’s Representative as the field Project representative with delegated authority to enforce the requirements of the Contract Documents, subject to the approval of the General Manager. 57. Key Firms – Firms fulfilling the key roles that must be identified in the Proposal and are committed to work on the Project if Proposer is selected as the Design- Builder. 58. Key Personnel – Design-Builder’s personnel identified as key to the overall success of the Project, and, at a minimum, including those positions defined as Key Personnel in Design-Builder’s Proposal. Key Personnel are specifically identified in the Special Conditions. 59. Key Subcontractor – A Subcontractor identified in Design Builder’s Proposal that Design Builder contracts with to fulfill a key role in Design Builder completing the Project. If any, Key Subcontractors are identified in the Special Conditions. 60. Laboratory – The materials testing laboratory authorized by OC SAN to test material and Work involved in a Contract. 61. Lead Contractor – The individual, partnership, corporation, joint venture, or other legal entity of the Design-Build Team that is licensed as a California general contractor and is the prime contractor for construction services for the Project. 62. Liens – Charges, security interests, or encumbrances upon Project funds or personal property, including, without limitation, Stop Payment Notices. 63. Lump Sum Price – If allowed by OC SAN as a substitute for a GMP, the maximum possible compensation paid by OC SAN to Design-Builder for the performance and completion of Work, subject to any additions or deductions as provided in the Contract Documents. There may be more than one Lump Sum Price on the Project, which may be specific to a particular Work Package. 64. Milestone Date – The date upon which Design-Builder is required to complete an Early Construction Package, Work, Work Package, or particular element or component of the Project. A Milestone Date may be defined as a date certain or as a number of calendar days or working days from a Notice to Proceed or other event. 65. Minimum Requirements – The requirements set forth in the RFP that, at a minimum, must be satisfied (or waived by OC SAN) in order for the Proposal to be evaluated and ranked according to the comparative evaluation criteria. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 8 of 112 66. Notice of Completion – The form which may be executed by OC SAN and recorded by the county where the Project is located constituting Final Acceptance of the Project. 67. Notice to Proceed – A written notice given by OC SAN to Design-Builder fixing the date on which Design-Builder may proceed with a Phase, Early Construction Package, Early Purchase Item, GMP, Work, Work Package, or a particular element or component of the Project, and when the Contract Time will commence to run. 68. OC SAN – Orange County Sanitation District. 69. OC SAN’s Representative – The person designated by OC SAN to act as its representative during the performance of the Contract, and identified in the Special Conditions, or other person authorized to act for and on behalf of OC SAN, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. 70. Open Book Basis – Design-Builder’s provided information, including estimates and pricing, that shows all assumptions, data, and other substantiation supporting the information presented and that allows OC SAN to check and verify the accuracy of the material presented. This entails all information Design- Builder used to develop the cost under consideration, including labor, fringe benefits, equipment, materials, productivity, estimating factors, allowances, risk, contingency, indirect costs, discount rates, interest rates, inflation, insurance, bonding, fees, overhead, profit, and other items that comprise the cost. 71. Owner – Orange County Sanitation District. 72. Owner Advisor – Hazen & Sawyer. 73. Owner Contact – The sole point of contact between OC SAN and Proposers during the RFP. 74. Payment Bond – The labor and materials payment bond provided by Design- Builder’s Surety to secure the payment obligations of Design-Builder for Work, as described in and maintained pursuant to the Contract and in the form set forth in the Contract Documents. 75. Performance Bond – The performance bond provided by Design-Builder’s Surety to secure performance of Work, as described in and maintained pursuant to the Contract and in the form set forth in the Contract Documents. 76. Phase – Either Phase 1 or Phase 2. 77. Phase 1 – The first phase of the Project requiring Design-Builder to perform and complete the Design Work, as further described in the Phase 1 Scope of Work. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 9 of 112 78. Phase 1 CPM Schedule – A CPM Schedule to complete the Phase 1 Services within the Contract Time. The detailed requirements for the Phase 1 CPM Schedule are described in the Contract Documents. 79. Phase 1 Fee – The amount to be paid by OC SAN to Design-Builder as full compensation for performance of Phase 1 Services and completion of the Phase 1 Services, subject to any additions or deductions as provide in the Contract Documents. 80. Phase 2 – The second phase of the Project requiring Design-Builder to commence the Construction Work, and complete the Project, as further described in the Contract Documents. 81. Phase 2 CPM Schedule – A CPM Schedule to complete the Phase 2 Work on the Project within the Contract Time. The detailed requirements for the Phase 2 CPM Schedule are stated in the Contract Documents. 82. Phase 2 Price – The total price established by the Parties for Design-Builder’s performance of Phase 2 Work and completion of the Phase 2 Work, in accordance with the Contract Documents and as reflected in a Phase 2 GMP Amendment, subject to any additions or deductions as provided in the Contract Documents. There may be more than one GMP Amendment that is part of the Phase 2 Price. 83. Plans – The graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work to be done on the Project, generally including plans, elevations, sections, details, schedules, and diagrams prepared as part of the Construction Documents by Design-Builder. 84. Price Proposal – A Proposer’s price proposal submitted to OC SAN in response to the RFP, as further described in the RFP. 85. Project – The total design, construction, and performance of the Work and all other requirements of the Contract Documents. 86. Project Organization Chart – A chart submitted by Proposers as part of the Proposal that identifies Key Personnel and the entity affiliation associated with such personnel. 87. Proposal – A Proposer’s proposal submitted to OC SAN in response to the RFP, including the Price Proposal and Technical Proposal and all required documents, forms, appendices, and other information requested by OC SAN in the RFP, as further described in the RFP. 88. Proposer – The entity responding to the RFP and submitting a Proposal. 89. Proprietary Meetings – Confidential, one-on-one meetings with Proposers during the RFP procurement, as further described in the RFP. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 10 of 112 90. Punch List – A list of items for Work which remain to be replaced or completed in accordance with the requirements for completion of Work. 91. Request for Change – A request made by Design-Builder for an adjustment in GMP, Contract Price, or Contract Time as the result of a Design-Builder-claimed change to the Work. The term Amendment and Change Order may be used interchangeably. 92. Request for Information or RFI – Design-Builder’s written request to OC SAN for clarification about a Project condition. 93. Request for Proposals or RFP – The request for proposals issued by OC SAN for the Project and includes all documents, exhibits, attachments, and addenda thereto. 94. Safety Plan – Design-Builder’s plan for health and safety in implementing the Construction Work, to be developed as part of Phase 1 Services in accordance with the Contract Documents. 95. Schedule of Submittals – A schedule, prepared and maintained by Design- Builder, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. 96. Schedule of Values – A schedule of values allocating the entire Phase 2 Price to the various portions of the Work in Phase 2 and prepared in such a form and supported by such data to substantiate its accuracy as OC SAN may require, subject to adjustment of the Phase 2 Price. A Schedule of Values will be provided with a GMP Proposal and incorporated into a GMP Amendment. 97. Security Plan – Design-Builder’s plan for security at the Site in implementing the Construction Work, to be developed as part of Phase 1 in accordance with the Contract Documents. 98. Selection Committee – Individuals responsible for reviewing, evaluating, and scoring the Technical Proposals for the Project. 99. Self-Performed Construction Work – Construction Work performed by Design- Builder with its own forces in accordance with the Contract Documents. 100. Separate Contractor – A person, or firm, under separate contract with OC SAN performing other work at the Project site which may affect the Work. 101. Site – Lands or areas indicated in the Contract Documents as being furnished by OC SAN upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OC SAN which are designated for the use of Design-Builder. 102. Specifications – That part of the Construction Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 11 of 112 as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 103. Stop Payment Notice – A written notice as defined in Civil Code section 8044. 104. Subcontracted Construction Work – Construction Work performed by Subcontractors, but not Key Subcontractors or Design-Builder, with their own forces in accordance with the Contract Documents. 105. Subcontractor – An individual or entity that has a contract with Design-Builder for performance of any portion of Work and, where applicable, any lower Tier subcontractors performing Services. 106. Subcontractor Construction Cost – Any and all costs by a Subcontractor with a direct contract with Design-Builder to perform Construction Work. What constitutes Subcontractor Construction Cost is further defined in the General Conditions. 107. Substantial Completion – The Work has progressed to the point that OC SAN can beneficially occupy or utilize the Work as a whole for the purpose for which it is intended, and the Work complies with applicable codes and regulations, including, if required, issuance of certificates of occupancy or certificate of suitability for use from the appropriate governmental agencies, as determined by OC SAN’s Representative at his/her sole discretion. 108. Supplemental Agreements – Written agreements between OC SAN and the Design-Builder covering schedules, drawings, instructions, alterations, amendments, or extensions to the Contract and including Change Orders. 109. Supplier – A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Design-Builder or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. 110. Surety or Sureties – The bondsmen or party or parties who guarantee the fulfillment of the Contract, or a portion of the Contract, by Performance Bond and Payment Bond and whose signatures are affixed to the bonds. 111. Technical Proposal – A Proposer’s technical proposal submitted to OC SAN in response to the RFP, including all required documents, forms, appendices, and other information requested by OC SAN in the RFP, as further described in the RFP. 112. Tier – The contractual level of a Subcontractor, Supplier, or consultant with respect to Design-Builder. For example, a first tier Subcontractor is under subcontract with Design-Builder, a second tier Subcontractor is under subcontract with a first tier Subcontractor, and so forth. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 12 of 112 113. Underground Facilities – All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 114. Work – The entire design and construction, or the various separately identifiable parts thereof, required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such design and construction, and furnishing, installing, and incorporating all materials and equipment into such design and construction, all as required by the Contract Documents. 115. Work Package – A package of Work for specific scopes of the Project developed by Designer of Record as part of the Construction Documents that are self- performed by Design-Builder or awarded to a Subcontractor. A Work Package may be a discrete and defined portion of the Project that contains (or will contain) its own GMP and Contract Time for completion. 116. Work Product – All papers, maps, models, estimates, plans, specifications, calculations, designs, studies, surveys, reports, data, notes, computer files, documents, drawings, and other work product developed by Design-Builder pursuant to the Contract Documents, including, but not limited to, the Construction Documents. 1.3 Terminology A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning. 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Project site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for the intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for the intended use. 4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Design-Builder is implied. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 13 of 112 B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 2.1 Intent of Contract Documents A. Complementary. The Contract Documents are complementary; what is required by one is as binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided by Design-Builder, whether or not specifically called for, at no additional cost to OC SAN. B. Completion of Work. Design-Builder shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project. If utilities to equipment or fixtures are not shown but are necessary to operate the equipment or fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control Design-Builder in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 2.2 Reference Standards; Interpretation of Contract Documents A. Standards, Specifications, Codes, Laws, and Regulations. Reference to federal specifications, federal standards, state standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of the Effective Date, and in case of Work during Phase 2, when the Parties executed a GMP Amendment, except as may be otherwise specifically stated in the Contract Documents. B. Responsibilities. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of OC SAN, Design-Builder, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to OC SAN, or any of its officers, directors, members, partners, employees, agents, consultants, or Subcontractors any duty or authority to supervise or direct the performance of Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 14 of 112 C. Provisions Required by Law. Each and every provision of law required by law to be inserted in the Contract Documents shall be deemed to be inserted herein, and the Contract Documents shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then, upon application of either Party, the Contract shall be amended in writing to make such insertion or correction. D. Interpretation of Contract Documents. Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood design professional and construction industry meanings; nontechnical words and abbreviations are used in accordance with their commonly understood meanings. The Contract Documents may omit modifying words such as “all” and “any,” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word “including,” when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non limiting language (such as “without limitation,” “but not limited to,” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement. Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include a corporation, partnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof. 2.3 Order of Precedence A. Conflicts. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or the provisions of any Applicable Laws (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Applicable Law). B. Resolving Conflicts. In resolving conflicts among any of the Contract Documents, the order of precedence shall be as follows: 1. Permits from other agencies and regulatory requirements as may be required by law; 2. Amendments, Change Orders, and GMP Amendments, most recent first; 3. Supplemental Agreements, most recent first; PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 15 of 112 4. Progressive Design-Build Contract; 5. Special Conditions; 6. Construction Documents, as follows: a. Specifications b. Drawings, which shall also be interpreted as follows: (i) Figures govern over scaled dimensions (ii) Detail drawings govern over general drawings (iii) Drawings govern over standard drawings (iv) Drawings govern over shop drawings 7. Phase 1 Scope of Work; 8. General Requirements; 9. General Conditions; 10. RFP and all addenda, attachments, and appendices; 11. Design-Builder Certifications from Proposal; 12. To the extent applicable, in the following order: a. Local agency standards and specifications b. Standard drawings c. Reference documents C. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply. 2.4 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by a Change Order or amendments allowed by the Contract Documents. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to OC SAN, by one or more of the following ways: 1. OC SAN’s Representative’s review of a submittal, shop drawing, sample, or substitution request without exception (subject to the provisions of the Contract Documents); or PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 16 of 112 2. OC SAN’s Representative’s issuance of a response to an RFI. C. However, no review or RFI response will reduce or modify Design-Builder’s obligation to fully satisfy and comply with the requirements of the Contract Documents. 2.5 Examining Contract Documents, Project Site A. Confirming Contract Documents. OC SAN and Design-Builder acknowledge that the Contract Documents may differ in some respect(s) from the other documents included in the RFP upon which Design-Builder based its Proposal Prior to entering into this Contract, the Parties shall confirm, in writing, the final form of the Contract Documents that are to be utilized. Following the GMP Amendment, once accepted by the Parties, the Construction Documents will become a part of the Contract Documents that defines the entire scope of Work, so long as such documents incorporate all minimum requirements of the Background Documents. Design-Builder shall certify that the Construction Documents are in full compliance with the Contract Documents, except as noted. B. Examining Contract Documents. Before commencing any Work on the Project, Design-Builder shall carefully examine the Contract, the Contract Documents, the Background Documents, and other information given to Design-Builder as to Project requirements. Design-Builder shall immediately notify OC SAN’s Representative of any perceived or alleged error, inconsistency, ambiguity, or lack of detail or explanation in such documents in writing. Neither Design-Builder nor any Subcontractor shall take advantage of any apparent error or omission which may be found in the Contract, the Contract Documents, the Background Documents, or other information given to Design-Builder. If Design-Builder or its Subcontractors, material or equipment Suppliers, or any of their officers, agents, and employees performs, permits, or causes the performance of any Work under the Contract, which it knows or should have known to be in error, inconsistent, or ambiguous, or not sufficiently detailed or explained, Design-Builder shall bear any and all costs arising therefrom including, without limitation, the cost of correction thereof without increase or adjustment to the GMP or the Contract Time. In no case shall any Subcontractor proceed with Work if uncertain without Design-Builder’s written direction and/or approval. C. Contract Document Conformance with Laws. Before commencing any Work on the Project, Design-Builder shall check and review the Contract Documents, including the Construction Documents, for conformance and compliance with all laws, ordinances, codes, and rules and regulations of all governmental authorities and public utilities affecting the construction and operation of the physical plant of the Project; all quasi- governmental and other regulations affecting the construction and operation of the physical plant of the Project; and other special requirements, if any, designated in the Contract. In the event Design-Builder observes any violation of any law, ordinance, code, rule or regulation, or inconsistency with any such restrictions or special requirements of the Contract, Design-Builder shall immediately notify OC SAN’s Representative in writing of the same and shall cause to be corrected any such violation or inconsistency in the manner provided hereunder. Design-Builder shall be PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 17 of 112 solely liable for any such violation, inconsistency, or special requirement if Design- Builder fails to conduct such review or notification to OC SAN. D. Examination of Project Site. As part of Phase 1 and prior to all GMP Amendments, Design-Builder shall inspect and become familiar with the Site, its physical condition relevant to the obligations of Design-Builder pursuant to the Contract, including surface and subsurface conditions, normal and usual soil conditions, roads, Underground Facilities, topographical conditions, and air and water quality conditions and shall, among other things, review the Contract Documents, including, but not limited to, the Background Documents, relative to the Site. Design-Builder shall be familiar with all local and other conditions which may be material to Design-Builder’s performance of the Work (including transportation; seasons and climate; access, availability, disposal, handling, and storage of materials and equipment; and availability and quality of labor); Design-Builder shall have received and reviewed all information regarding the Site provided to or developed by it in connection with the Work pursuant to the Contract; and Design-Builder shall have made all other Site investigations that it deems necessary to make a determination as to the suitability of the Site and to submit a Phase 2 Proposal to OC SAN in accordance with the Contract Documents. Design- Builder’s Phase 2 Proposal shall serve as a representation by Design-Builder that, based on the foregoing, the Site constitutes an acceptable and suitable site for the Work and that the Work can be performed on the Site within the Contract Price and in accordance with the Contract Documents, including the schedule requirements of the Contract. E. Reporting and Resolving Discrepancies. The Contract Documents are intended to be fully comprehensive and complementary. Before undertaking each part of the Work, Design-Builder shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Design- Builder shall promptly report in writing to OC SAN any conflict, error, ambiguity, or discrepancy which Design-Builder discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from OC SAN before proceeding with any Work affected thereby. If, during the performance of the Work, Design-Builder discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, Design-Builder shall promptly submit a written RFI to OC SAN. Design- Builder shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Design-Builder before receipt of an amendment or supplement shall be at Design- Builder’s own risk. F. Responsibility for Review of Contract Documents. Design-Builder shall be solely responsible for any errors, inconsistencies or omissions in the Contract Documents if Design-Builder fails to perform such review and examination or fails to report such errors, inconsistencies or omissions to OC SAN in writing. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 18 of 112 2.6 Reuse of Documents A. Design-Builder and any Subcontractor shall not have or acquire any title to or ownership rights in any of the Construction Documents or other documents (or copies of any thereof) prepared by or bearing the seal of the Designer of Record or its consultants, including electronic media editions; or reuse of any such Construction Documents, other documents, or copies thereof on extensions of the Project or any other project without written consent of OC SAN. The prohibitions of this Article will survive final payment and termination of the Contract. Nothing herein shall preclude Design-Builder from retaining copies of the Contract Documents for record purposes. 2.7 Ownership and Use of Construction Documents A. Ownership and Use. The Construction Documents, and all copies thereof, furnished to, or provided by, Design-Builder are the property of OC SAN. Design-Builder hereby assigns to OC SAN all right, title, and interest, including any copyrights, patents, and any other intellectual property rights in all Work Product and all ideas, methods, and information specifically developed as Work Product. Design-Builder will take such steps as are necessary to perfect or protect the ownership interest of OC SAN in such Work Product. Upon completion, expiration, or termination of the Contract, Design- Builder shall turn over to OC SAN all such original Work Product in Design-Builder’s possession or control. OC SAN shall have unlimited rights, for the benefit of OC SAN, in all Work Product and other Work developed in the performance of the Contract for the Project, including the right to re-use details of the Construction Documents on any other OC SAN work at no additional cost to OC SAN. Design-Builder, for a period up to five (5) years from the date of completion of the Project, agrees to furnish and to provide access to copies of all such materials immediately upon the written request of OC SAN. Any use or reuse by OC SAN of the Construction Documents on any project other than this Project without employing the services of Design-Builder shall be at OC SAN’s own risk with respect to third parties. If OC SAN uses or re-uses the Construction Documents on any project other than this Project, it shall remove the Designer of Record’s seal from the Construction Documents and hold harmless Design-Builder, Designer of Record, and their officers, directors, agents, and employees from claims arising out of the use or re-use of the Construction Documents on such other project. B. Design Subcontractors. To the extent Design-Builder does not directly perform Design Work, Design-Builder shall acquire a license meeting the requirements of this Article 2.7 from each of its designers in order to convey the rights to OC SAN. Further, in the event that a subconsultant to Design-Builder, or any other party that is not in privity with OC SAN under the Contract, maintains any right to a copyright or other intellectual property right in any portion of the Work Product, Design-Builder shall obtain from that party a grant of a non-exclusive and perpetual license in favor of OC SAN as described in Article 2.7 A. above. Design-Builder shall deliver said license to OC SAN prior to the subconsultant or other design entity performing any work on the Project. OC SAN’s obligation to compensate Design-Builder shall not commence until the license is delivered. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 19 of 112 C. Use of Design. In accordance with Public Contract Code section 22185.5(c)(2), design professionals responsible for performing Design Work on behalf of Design-Builder shall have sole liability for their design errors and omissions, provided OC SAN elects to use their complete and stamped designs with subsequent design-build entities or licensed contractors. 2.8 Confidential Information A. No Unauthorized Disclosure. All information gained or Work Product produced by Design-Builder in the performance of the Contract will be considered confidential, unless such information is in the public domain. Design-Builder shall not release or disclose any such information or Work Product to persons or entities other than OC SAN without the prior written consent of OC SAN, except as otherwise required by law. Design-Builder shall promptly notify OC SAN should Design-Builder, or its representatives, Subcontractors, or Suppliers, be served summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request or court order from any third party regarding the Contract and the Services performed under the Contract. B. Media. Design-Builder shall not comment publicly to the press or any other media or issue any news release or public relations item of any nature whatsoever regarding the Contract without prior review of the contents thereof by OC SAN and receipt of OC SAN’s written permission. ARTICLE 3 -EXECUTION OF CONTRACT; INSURANCE, BONDS, INDEMNIFICATION 3.1 Notice to Proceed A. After an approval to award the Contract is granted by OC SAN’s Board of Directors (or as delegated pursuant to OC SAN’s current Purchasing Ordinance and any amendments thereto) and, when applicable, by the State Water Resources Control Board, OC SAN will forward the Contract to the Design-Builder for execution. Design- Builder shall deliver the executed Contract, along with the specified insurance documents, to OC SAN within fifteen (15) calendar days from the date of award. Upon receipt of all properly executed documents, OC SAN shall execute all documents as necessary, establish the effective date of the Contract, and OC SAN shall issue a Notice to Proceed, unless OC SAN’s Representative determines that good cause exists to delay the issuance. In such case, OC SAN may delay issuance of the Notice to Proceed. Said Notice to Proceed shall be forwarded to the Design-Builder by mail or by any other means which shall provide confirmation of a date and time receipt acknowledgment, including, but not limited to, electronic telecommunication. In the event the Design-Builder does not return the executed Contract and insurance within the specified fifteen (15) Day period, OC SAN may reduce the time required for completion, beginning the sixteenth (16th) Day after the Contract is forwarded by OC SAN, on a day-for-day basis. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 20 of 112 3.2 Contract Bonds A. Generally. Prior to Design-Builder’s commencement of Construction Work, Design- Builder shall submit a Performance Bond and Payment Bond on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to OC SAN conditioned upon the faithful performance by Design-Builder of all requirements of the Contract Documents. The obligations of the Performance Bond Surety shall continue so long as any obligation of Design-Builder remains. Nothing herein shall limit OC SAN’s rights or Design-Builder’s or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. B. Amount of Bonds. The Performance Bond and Payment Bond shall each be in a sum no less than one hundred percent (100%) of the Phase 2 Price. No payment will be made to Design-Builder until the bonds have been approved by OC SAN. The amount of the Performance Bond and the Payment Bond shall be increased by Design-Builder to reflect the adjustment to the Phase 2 Price. Design-Builder shall, upon request of OC SAN, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to OC SAN. The bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the Phase 2 Price), extensions of time, or modifications of the time, terms, or conditions of payment to Design-Builder will release the Surety. If Design-Builder fails to furnish any required bond, OC SAN may terminate the Contract for cause. C. Monitoring of Sureties. Design-Builder shall be responsible throughout the Project for monitoring the financial condition of any Surety issuing bonds under the Contract and for making inquiries no less often than annually to confirm that each such Surety complies with the qualification requirements specified in this Article. In the event any Surety is declared bankrupt, becomes insolvent, or has the rights to do business in the state terminated, Design-Builder shall promptly notify OC SAN of such event and shall promptly take steps to ensure continued compliance with this Article by furnishing or arranging for the furnishing of a substitute or additional bond of a Surety whose qualifications satisfy all above requirements. D. Insufficient Bonds. Should, in OC SAN’s sole opinion, any bond become insufficient or Surety found to be unsatisfactory, Design-Builder shall renew or replace the affected bond within 10 Days of receiving notice from OC SAN. In the event the Surety or Design-Builder intends to reduce or cancel any required bonds, at least thirty (30) Days prior written notice shall be given to OC SAN, and Design-Builder shall post acceptable replacement bonds at least ten (10) Days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under the Contract until any replacement bonds required by this Article are accepted by OC SAN. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 21 of 112 3.3 Insurance A. General. Design-Builder shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons and damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by Design-Builder, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. Design-Builder shall not commence Work under the Contract until all insurance required under this Article is obtained in a form acceptable to OC SAN, nor shall Design-Builder allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. Design-Builder shall maintain all of the foregoing insurance coverages in force through the point at which the Work under the Contract is fully completed and accepted by OC SAN pursuant to the Contract Documents. Furthermore, Design-Builder shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Completion. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OC SAN by Design-Builder under Section 3.4 of these General Conditions. Notwithstanding nor diminishing the obligations of Design- Builder with respect to the foregoing, Design-Builder shall subscribe for and maintain in full force and effect during the life of the Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, 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 Design-Builder’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. Design-Builder’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 Conditions may list such requirements and sample forms and requirements from such Third Parties and/or such requirements may be included in an attachment to the General Requirements. Design-Builder 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 Design-Builder. If Design- Builder maintains higher limits than the minimums shown in this Section, OC SAN requires and shall be entitled to coverage for the higher limits maintained by the Design- Builder. Where permitted by law, Design-Builder 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 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 (except for Professional Liability/Errors and Omissions coverages, if applicable) related to the Work, Design- Builder 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 contractor or PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 22 of 112 subcontractor performing Work or rendering services at the Project. Where permitted by law, Design-Builder shall require similar written express waivers and insurance clauses from each of its Subcontractors of every Tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. A. Limits of Insurance 1. General Liability. Three Million Dollars ($3,000,000) per occurrence and a general aggregate limit of Five Million Dollars ($5,000,000) for bodily injury, personal injury, and property damage. If aggregate limits apply separately to the 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 Three Million Dollars ($3,000,000) per occurrence and a general aggregate limit of Five Million Dollars ($5,000,000) which shall be in effect at all times during the warranty period set forth in the General Conditions, 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 the 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 the Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent Design-Builder’s Liability g. 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, Design-Builder 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. Design-Builder shall be responsible to pay any deductible or SIR. h. 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. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 23 of 112 i. 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 Design-Builder 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) 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 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 Design-Builder in the amount of One Million Dollars ($1,000,000) in a form acceptable to OC SAN. 5. Workers’ Compensation/Employer’s Liability. Design-Builder 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. Claims Made. If Design-Builder 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 Design-Builder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of the Contract, and that continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two years beginning from the time that the Project under the Contract is completed. 7. Errors and Omissions/Professional Liability Insurance. Design-Builder shall maintain in full force and effect, throughout the term of the Contract, standard industry form professional liability / errors and omissions insurance coverage with coverage limits of not less than Two Million Dollars ($2,000,000) 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 the 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, Design-Builder shall obtain continuing insurance coverage for the prior acts or omissions of Design-Builder during the course of performing Work under the terms of the 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 the Contract or until completion of the Work provided for in the Contract, whichever is later. In the event of termination of said policy during PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 24 of 112 this period, new coverage shall be obtained for the required period to insure for the prior acts or omissions of Design-Builder during the course of performing Work under the terms of the Contract. Design-Builder 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. C. Deductibles and Self-Insured Retentions. Any deductibles or 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 deductibles or self-insured retentions as respects OC SAN, its directors, officers, agents, consultants, and employees; or Design-Builder shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration, and defense expenses. D. 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 Design- Builder at or from any of the sites of OC SAN in connection with the Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to the 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. Design-Builder 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 Design- Builder 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 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). PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 25 of 112 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. E. 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 the Contract, to require a change in insurer upon twenty (20) Days written notice. Further, OC SAN will require Design-Builder to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) Days of written notice to Design-Builder by OC SAN or its agent. F. Verification of Coverage. Design-Builder 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, at any time, complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required herein. G. Subcontractors. Design-Builder shall be responsible to establish insurance requirements for any Subcontractors hired by Design-Builder. 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. Design-Builder must obtain copies and maintain current versions of all Subcontractors’ policies, certificate of liability, and mandatory endorsements effecting coverage. Upon request, Design- Builder must furnish OC SAN with the above-referenced required documents. H. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability (i) ACORD Form 25 or other equivalent certificate of insurance form 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed 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 PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 26 of 112 (i) Form CG 00 01 b. Additional Insured Including Products-Completed Operations (i) Form CG 20 10 and 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 Recovery Against Others to Us/Waiver of Subrogation (i) Form CG 24 04 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation (i) Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN approval. b. Cancellation Notice (i) No endorsement is required. However, Design-Builder is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described Cancellation and Policy Change Notice, above. 4. Additional Required Endorsements a. Notice of Policy Termination (i) Manuscript Endorsement 5. Course of Construction Required Forms (if required) a. Name Insured (i) Evidence Only Certificate 3.5 Design-Builder’s Liability Not Limited by Insurance A. Nothing contained in these insurance requirements is to be construed as limiting the liability of Design-Builder or Design-Builder’s Sureties. 3.6 General Indemnification A. Design-Builder shall, with respect to all Work covered by or incidental to these Contract Documents, be responsible for any liability imposed by law and shall indemnify, defend, and hold OC SAN and its consultants, and each of their directors, officers, agents and employees, and all Governmental Bodies issuing permits to the Design- Builder, free and harmless from and against all of the following: PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 27 of 112 1. Any claim, suit, or action of every name, kind, and description, loss, damage, cost, expenses, including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage, or expense, resulting from the construction of the Work, design defects, defects in the Work, or by or on account of acts, errors, or omissions of the Design- Builder or Design-Builder’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its completion and Final Completion, excluding any of the same resulting from OC SAN’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite. Said responsibility shall extend to claims, demands or liability for loss, damage, or injuries occurring or discovered after completion of the Work, as well as during the progress of the Work. However, Design-Builder shall not be obligated under the Contract to indemnify OC SAN or its consultants with respect to the active negligence, sole negligence, or willful misconduct of OC SAN or its consultants. B. In addition, if any action is brought against the Design-Builder or any Subcontractor to enforce a stop payment notice or notice to withhold, which names OC SAN as a party to said action, OC SAN shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements arising out of the defense of such action by OC SAN. OC SAN shall be entitled to deduct its costs for any stop payment notice filed, whether court action is involved or not. C. In any and all claims against the indemnified parties by an employee of the Design- Builder, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Design-Builder, or any Subcontractor, or any Supplier, or other person under Workers’ Compensation acts, disability benefit acts, or other employee acts. D. The obligations of Design-Builder as specified herein shall not extend to the liability of consultants or their subconsultants, and each of their directors, officers, agents, and employees, arising out of or resulting from or in connection with the preparation of approval of maps, drawings, opinions, reports, surveys, designs, or specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage, or injury. E. Design-Builder shall also be responsible for and shall indemnify, defend, and hold harmless OC SAN, OC SAN’s Representative, consultants and their subconsultants, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Design-Builder to faithfully perform the Work and all of the Design-Builder’s obligations under the Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 28 of 112 F. In the event Design-Builder or its insurer refuses or fails to provide a legal defense to OC SAN after receiving written notice of the legal action and a tender and demand for defense, OC SAN shall have the right to select counsel of its own choice to represent all the interests of OC SAN at Design-Builder’s cost and expense. Design-Builder agrees that the amount of legal costs and expenses, including attorneys’ fees, may be withheld by OC SAN from any Contract amounts due and owing to Design-Builder until such time as a final determination is made as to the responsibility for payment of said fees and costs. Design-Builder further agrees that to the extent OC SAN incurs such damages and the damages exceed any remaining Contract amounts due and owing to Design-Builder, Design-Builder shall reimburse OC SAN for all such additional damages upon demand by OC SAN for the same. G. Design-Builder’s obligation to defend, indemnify, and/or hold harmless arises out of Design-Builder’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), and only to the extent required under Civil Code section 2782.8, which is fully incorporated herein, Design-Builder’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design-Builder, and, upon Design-Builder obtaining a final adjudication by a court of competent jurisdiction, Design-Builder’s liability for such claim, including the cost to defend, shall not exceed Design-Builder’s proportionate percentage of fault. H. Design-Builder and OC SAN agree that nothing in this Article is intended to be or is a prevailing party clause as it pertains to attorney’s fees. 3.7 Joint and Several Liability A. If the Design-Builder is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of the Design- Builder that are assumed under or arise out of the Contract. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of the Design-Builder contained in, resulting from, or assumed under the Contract, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder. 3.8 Personal Liability A. No director, officer, employee, or agent of OC SAN, or its consultants, shall be personally responsible for any liability arising under or by virtue of the Contract. ARTICLE 4 - CONTROL OF THE WORK 4.1 Authority of OC SAN’s Representative A. Generally. OC SAN’s Representative serves as the agent of OC SAN and will observe the accomplishment of the Work in accordance with the provisions of the Contract. OC SAN’s Representative will decide any and all questions which may arise as to the interpretations of the Contract Documents, as to the quality and acceptability of PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 29 of 112 materials furnished and Work performed, as to the manner of performance, and as to the rate of progress of the Work. All questions as to the acceptable performance of the Contract on the part of Design-Builder shall be decided by OC SAN’s Representative. B. Instructions. OC SAN’s Representative shall have authority to make minor changes in the Work not involving extra or lesser cost, and not inconsistent with the intent of the Contract Documents. All instructions, rulings, and decisions of OC SAN’s Representative shall be in writing, and shall be final and binding on Design-Builder unless formal written objection is made as specified herein. C. Authority of OC SAN’s Representative. It is expressly agreed that OC SAN’s Representative shall not have the power to waive any of the obligations of the Contract Documents for the furnishing by Design-Builder of good and suitable material, and for performing the Work as herein described. Failure or omission on the part of OC SAN’s Representative to reject defective or inferior Work or materials, or OC SAN’s Representative’s release of Design-Builder from obligations to remedy the defective or inferior Work, shall not imply acceptance of the Work. D. Board Authority. The Board shall have the final authority in all matters affecting the Work. Within the scope of the Contract Documents, OC SAN’s Representative shall have the authority to enforce compliance with the Contract Documents. Design-Builder shall promptly comply with all instructions from OC SAN’s Representative which are made in accordance with the Contract Documents. E. Binding Authority. In all matters relating to acceptability of construction materials and equipment, execution and progress of Work, percentage of completion, the interpretation of Contract Documents, delays and claims by Design-Builder, the decision of OC SAN’s Representative shall be final and binding unless Design-Builder timely follows the appropriate procedures to object to the same as set forth herein, or unless otherwise ordered by the Board. 4.2 Supervision by Design-Builder A. Generally. Design-Builder is required to give personal attention to the fulfillment of the Contract, and to keep the Work under control. Design-Builder shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Design-Builder shall have a copy of the Contract Documents available at the Site at all times. Design-Builder shall furnish a competent and adequate staff as necessary for the proper administration, coordination, supervision, and superintendence of its portion of the Work on the Project; organize the procurement of all materials and equipment so that the materials and equipment will be available at the time they are needed for the Work; and keep an adequate force of skilled and fit workers on the job to complete all Work on the Project in accordance with all requirements of the Contract. B. Site Superintendent. Design-Builder shall provide a site superintendent with full authority to receive and execute such instructions, orders, or directions as OC SAN’s Representative may issue in connection with the provisions of the Contract PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 30 of 112 Documents. The site superintendent shall be available on site at all times during progress of the Work. Before any Work is done at the Site, Design-Builder shall give written notice to OC SAN’s Representative stating the name, home address, and telephone number of Design-Builder’s site superintendent. OC SAN’s Representative shall be informed in writing prior to any change of site superintendent. A statement naming more than one representative at a time to be in charge, depending upon which is present at the time, will not be acceptable. If a site superintendent is not present at a particular location of the Site, OC SAN’s Representative may inform the foreman, or other person in charge, regarding an interpretation of the Contract Documents or of any disapproval or rejection of materials or Work performed. Information so given shall be as binding as if given to the site superintendent. C. Employment of Workers. Design-Builder shall comply with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all Subcontractors and consultants to comply with the same. Each person executing the Contract on behalf of Design-Builder verifies that he or she is a duly authorized officer of Design-Builder and that any of the following shall be grounds for OC SAN to terminate the Contract for cause: (1) failure of Design-Builder or its Subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. D. Labor Competency. Design-Builder shall, at all times, enforce strict discipline and good order among its employees. Design-Builder shall not employ on the Project any unfit person or anyone not skilled in the services assigned to him or her. If any Subcontractor, site superintendent, foreman, or person(s) employed by Design-Builder shall fail or refuse to carry out the directions of OC SAN’s Representative, or shall appear to OC SAN’s Representative to be incompetent or to act in a disorderly or improper manner, that person(s) shall be discharged immediately on demand of OC SAN and such person(s) shall not again be employed on the Project. Design-Builder shall bear all costs associated with such discharge of any Subcontractor, site superintendent, foreman, or person(s) employed by Design-Builder and such discharge shall not constitute a basis for any Request for Change or claim against OC SAN. E. Emergency. Design-Builder shall file with OC SAN’s Representative the names, addresses, and telephone numbers of representatives who can be contacted at any time in case of emergency. These representatives must be fully authorized and equipped to correct unsafe or excessively inconvenient conditions on short notice. 4.3 Access to Work A. OC SAN, OC SAN’s Representative, their consultants and other representatives and personnel, independent testing laboratories, and Governmental Bodies with jurisdictional interests will have access to the Site and Project at reasonable times for their observation, inspection, and testing. Design-Builder shall provide them proper PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 31 of 112 and safe conditions for such access and advise them of Design-Builder’s safety procedures and programs. ARTICLE 5 - SCOPE OF WORK 5.1 General Responsibilities A. Generally. Design-Builder agrees that it has single point responsibility for the design and construction of the Project, and agrees to utilize the generally accepted standards of design, engineering, and construction practices. Unless otherwise provided in the Contract Documents, Design-Builder shall provide and pay for all professional design/engineering services, services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work on the Project, whether temporary or permanent and whether or not incorporated or to be incorporated in Work on the Project. Design-Builder shall supervise, coordinate, and direct all Work on the Project using Design-Builder’s best skill and attention and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Design-Builder shall be solely responsible for, and have control over, the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of Work on the Project. Design-Builder shall be responsible to OC SAN for acts and omissions of Design-Builder, its agents, employees, and Subcontractors, and their respective agents and employees. Design-Builder has the duty to act in OC SAN’s best interests at all times throughout the course and performance of the Contract. If Design-Builder performs any design and/or construction activity which it knows, or should know, involves an error, inconsistency, or omission without notifying and obtaining the written consent of OC SAN’s Representative, Design-Builder shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work. B. Governmental Approvals. OC SAN will not be liable for Design-Builder’s failure to obtain, maintain, and comply with all Governmental Approvals. All fines and fees assessed by Governmental Bodies as a result of said failures shall be Design-Builder’s responsibility. In the event OC SAN is assessed with any fines or fees related to Design-Builder’s failure to comply with the requirements set forth in this Article, the amount of fees or fines will be deducted from the Contract Price. C. Standard of Care. Design-Builder’s performance shall be consistent with the standards set forth in the Contract and the General Conditions. Design-Builder represents that it is fully experienced and properly qualified to perform the class of Work provided for in the Contract and that it is properly licensed, equipped, organized, and financed to perform Work on the Project. Design-Builder warrants to OC SAN that all Work shall be performed in accordance with the professional standards and degree of care applicable to those design and construction professionals who specialize in designing and providing services for projects of the type, scope, quality, and complexity of the Project utilizing the progressive design-build contracting mode (“Standard of Care”). Design-Builder shall perform the Services using its best professional skill and judgment, acting with due care and in accordance with professional standards of care, the terms hereof, and applicable law, code, rule, or regulation. Design-Builder PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 32 of 112 warrants that the Work will be of the quality required by this Contract and free from defects (except for Design Work, which shall be performed in accordance with Section 5.2) and that all Work will conform with the requirements of the Contract Documents. Design-Builder shall be solely responsible for the means, methods, techniques, sequences, and procedures of design and construction of the Project. Design-Builder shall supervise, inspect, and direct the Services and Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Design- Builder shall perform, at its own cost and expense and without reimbursement from OC SAN, any services necessary to correct errors or omissions which are caused by Design-Builder’s failure to comply with the standard of care provided for herein. D. Best Efforts. Design-Builder recognizes the relations of trust and confidence that are established by the Contract, and covenants with OC SAN to furnish Design-Builder’s best skill and judgment, and to actively cooperate and assist in furthering the best interests of OC SAN in all matters pertaining to the Project. Design-Builder agrees to furnish efficient business administration and capable supervision, and to use every effort to keep upon the Work an adequate supply of workers and materials in order to secure its execution in the most expeditious and economical manner consistent with OC SAN’s best interests. Design-Builder’s employees assigned to the Project shall at all times be reasonably satisfactory to OC SAN. E. Independent Contractor. Design-Builder shall be responsible to OC SAN for acts and omissions of Design-Builder, its employees, Subcontractors, material and equipment suppliers, and their agents, employees, invitees, and other persons performing portions of Work on the Project under direct or indirect contract with Design-Builder or any of its Subcontractors. Design-Builder in the performance of the Contract shall be and act as an independent contractor. Design-Builder understands and agrees that it and all of its employees shall not be considered officers, employees, agents, partner, or joint venture of OC SAN, and are not entitled to benefits of any kind or nature normally provided employees of OC SAN or to which OC SAN's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Design-Builder shall assume full responsibility for payment of all federal, state, and local taxes or contributions, including unemployment insurance, social security, and income taxes with respect to Design-Builder’s employees. In the performance of the Services, Design-Builder is an independent contractor or business entity, with the sole authority for controlling and directing the performance of the details of Design-Builder’s Services, OC SAN being interested only in the results obtained. F. Permits and Licenses. All necessary permits and licenses for prosecution of the Work shall be secured and paid for by Design-Builder, including, but not limited to, permits, licenses, and fees required by a Governmental Body or necessary encroachment permits for Work within the public rights-of-way, unless otherwise expressly provided by the Contract Documents. Design-Builder shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the Contract Documents or by Governmental Bodies, except for such off-site inspections delineated as OC SAN’s responsibility pursuant to the Contract PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 33 of 112 Documents. Before completion of the Project, Design-Builder shall submit all licenses, permits, certificates of inspection, and required approvals to OC SAN. 5.2 Design Work A. Generally. Design-Builder is responsible for the design and construction of the Project and shall use the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project in performing Design Work. Design-Builder shall be solely responsible for any and all design errors including, but without limitation, errors, inconsistencies, or omissions in the Construction Documents. Design-Builder shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to Design-Builder before commencing Work on the Project. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to OC SAN’s Representative. B. Construction Documents 1. Generally. Design-Builder shall furnish design, architectural, and engineering services for the preparation of Construction Documents necessary to complete the Project in accordance with the requirements of the Contract Documents. The Designer of Record shall design the Project and prepare the Construction Documents. The Construction Documents shall provide information customarily necessary in documents for projects of similar size, complexity, and quality. The Construction Documents shall include all information required to complete the construction of the Project, other than such details customarily developed by others during construction. Design-Builder is required to deliver to OC SAN any and all Construction Documents and Work Product including, but not limited to, calculations, preliminary drawings, construction drawings, shop drawings, electronic media data, tenant improvement documents, sketches, illustrations, specifications, descriptions, models, mock ups, and other information developed, prepared, furnished, or delivered in the prosecution of the Design Work. 2. Submittal and Review of Construction Documents. Design-Builder shall submit completed packages of the Construction Documents for review by OC SAN at the times indicated on the Phase 1 CPM Schedule and as defined in the Phase 1 Scope of Work. Unless otherwise expressly modified by the Phase 1 Scope of Work, meetings between Design-Builder and OC SAN to review the Construction Document packages shall be scheduled at least every two weeks, or as otherwise agreed to by the Parties, and held so as not to delay Work on the Project. Design- Builder will conduct these design meetings with OC SAN in accordance with the schedule approved by OC SAN. Design-Builder will be responsible for preparing and circulating for the parties’ review, design meeting minutes from all such meetings. OC SAN’s review of the Construction Documents shall be conducted in accordance with the approved Phase 1 CPM Schedule and with procedures set forth in the Contract Documents. Such review shall not relieve Design-Builder from its responsibilities under the Contract. Such review shall not be deemed an approval or waiver by OC SAN of any deviation from, or of Design-Builder’s failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 34 of 112 submitted by Design-Builder and approved by OC SAN. The production and review of Construction Documents may be a continuing process with portions thereof completed at different times. The Phase 1 CPM Schedule shall indicate the times for OC SAN to review the completion of each such portion of the Construction Documents and a reasonable time for review of same. C. Field Engineering. Design-Builder shall retain and pay expenses of a civil engineer or land surveyor to establish on the Project site the required reference points and benchmarks, establish building lines and elevations, check for building framing, plumbness, and establish on building frame the required basic grid lines. The engineer or land surveyor shall be properly licensed in the State of California. Design-Builder shall locate and protect control points prior to starting Work on the Project site and preserve permanent reference points during construction, and shall require the engineer or surveyor to replace control points which become lost or destroyed. D. Information and Documents. OC SAN will make the reference documents related to the Project available to the Design-Builder, including, but not limited to, any preliminary surveys, geotechnical information, and other information that describes the Site. The reference documents are provided for information only and will not be included as part of the Contract Documents. Design-Builder shall perform its own independent site investigations in accordance with the requirements of the Contract Documents. Design-Builder’s reliance on any reference documents shall not be a basis for increases to the Contract Price or Contract Time, nor shall it result in any claims against OC SAN. E. Geotechnical and Survey. OC SAN may provide to Design-Builder a geotechnical report that shall not be considered a part of the Contract Documents and shall be informational only and may not be relied upon by Design-Builder to form its basis of design. Design-Builder shall be responsible for obtaining its own geotechnical report which includes supporting data, findings, and recommendations; and also includes a legal description and a project survey, as necessary, which shall become a part of the Contract Documents. The Design Work shall be consistent with both the findings and recommendations of Design-Builder’s geotechnical report and legal description and Project survey, or such other geotechnical recommendations obtained by Design- Builder at its sole cost and expense. Design-Builder shall verify the location and depth (elevation) of all existing utilities and services before performing any excavation work. Any additional tests, borings, etc. necessary to support the Construction Documents shall be the responsibility of Design-Builder. 5.3 Design-Builder’s Performance of Work A. Means and Methods. Design-Builder is solely responsible for the means and methods utilized to perform Work. Design-Builder shall perform all Work in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Design- Builder warrants that all employees and Subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Design-Builder represents that it, its employees, and Subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of the Contract. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 35 of 112 Design-Builder shall perform the Work in full compliance with all Applicable Laws and requirements of all Governmental Bodies having authority over the Project. B. Design-Builder’s Responsibility for Work. Responsibility for, and security of, all Work and materials related to Design-Builder’s Work is the responsibility of Design-Builder until Final Acceptance of Design-Builder’s Work by OC SAN. OC SAN shall not be held responsible for the care or protection of any material or parts of the Work prior to Final Acceptance. Design-Builder shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work and all loss or damage shall be borne by Design-Builder. Design-Builder shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, OC SAN will pay for repair or restoration to damaged Work in excess of 5% of the Contract Price unless OC SAN has required Design-Builder to obtain insurance to indemnify OC SAN for any damage to the Project caused by an Act of God. C. Layout and Field Engineering. Design-Builder shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work and all necessary surveys to compute quantities of Work performed. 5.4 Construction Quality Assurance, Quality Control A. Generally. Design-Builder shall have full responsibility for quality assurance and quality control for the Construction Work, including compliance with the Contract Documents. Without limiting any other requirement hereunder, Design-Builder shall perform quality control inspection and testing services to ensure compliance with the Contract Documents. Sampling and testing of materials, laboratory inspection of materials and processes for quality control purposes shall be performed in compliance with the Contract Documents. B. Quality Control Plan. Design-Builder shall prepare and submit to OC SAN for review and approval a written Quality Control Plan that encompasses all requirements of the Contract Documents with regard to all quality control processes for the Construction Work. The Quality Control Plan shall identify Design-Builder’s overall framework for implementation of its Quality Control programs across all aspects of the Work. Design- Builder shall submit the Quality Control Plan for OC SAN’s acceptance. OC SAN’s acceptance of the overall Quality Control Plan shall be a condition precedent to Design-Builder performing Construction Work. The Contract Documents provide more detail on what shall be included in the Quality Control Plan. C. Internal Quality Control Audits. Design-Builder shall establish and maintain documented procedures for planning and implementing internal quality audits to verify whether quality activities and related results comply with planned arrangements and to determine the effectiveness of the quality system. Audits shall be conducted on a planned and scheduled basis, consistent with the importance of the activities being performed. Design-Builder’s management personnel responsible for the relevant area shall take timely corrective action on deficiencies found during the audit. OC SAN shall have the right to request and review the audit results. Follow-up audit activities shall verify and record the implementation and effectiveness of the corrective action taken. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 36 of 112 OC SAN, at its sole discretion, may require Design-Builder to perform follow-up audits. D. Review and Update of QC Plan. Design-Builder shall continuously review the performance of the Quality Control Plan to ensure its continuing suitability in satisfying the requirements of the Contract Documents. Design-Builder’s reviews shall, at a minimum, include review of the results of internal audits, OC SAN audit results, corrective actions taken, trends in Defective Work, and time to resolution. OC SAN may, in its sole discretion, participate in Design-Builder’s reviews and may request data from the reviews. Design-Builder shall incorporate the findings and quality improvement recommendations of Design-Builder reviews into the Quality Control Plan. ARTICLE 6 - LEGAL RELATIONS AND RESPONSIBILITIES 6.1 Laws to be Observed A. Applicable Laws. Design-Builder shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither OC SAN nor OC SAN’s Representative shall be responsible for monitoring Design-Builder’s compliance with any Applicable Laws. If Design-Builder performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Design-Builder shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. Design-Builder shall defend and indemnify OC SAN, the Board of Directors, its consultants, and its subconsultants, each of their directors, officers, employees, or agents against any claim or liability arising from or based on the violation of any such law or regulation, whether by Design-Builder or any of Design-Builder’s employees or agents, including its Subcontractors and Suppliers. B. Certified Electricians. Workers performing Work for Design-Builder installing, constructing, or maintaining any electrical system covered by the National Electric Code shall be certified as a General Electrician per California Labor Code section 3099. C. Travel and Subsistence Payments. Each worker needed to execute the Work must be paid travel and subsistence payments as defined in the applicable collective bargaining agreements filed in accordance with California Labor Code Section 1773.1. D. Nondiscrimination in Employment. Design-Builder must submit a signed statement pursuant to Government Code section 12940. The Contract obligates Design-Builder and Subcontractors not to discriminate in employment practices. Design-Builder must, if requested, submit a compliance report concerning its employment practices and policies in order to maintain its eligibility to receive the award of the Contract. Design- PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 37 of 112 Builder must be prepared to comply in all respects with the requirements regarding nondiscrimination, including, but not limited to, California Labor Code section 1735. E. Public Records Act 1. Ownership and Disclosure. Except as otherwise provided herein, all records, documents, Construction Documents, Plans, Specifications, Work Product, and all other information relating to the conduct of OC SAN’s business, including information submitted by Design-Builder (“Records”), shall become the exclusive property of OC SAN and shall be deemed public records. Said Records are subject to the provisions of the California Public Records Act. OC SAN’s use and disclosure of its records are governed by this Act. OC SAN will use its best efforts to inform Design-Builder of any request for any financial records or documents marked “Trade Secret,” “Confidential,” or “Proprietary” provided by the Design- Builder to OC SAN. OC SAN will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Act. 2. Litigation Related to Disclosure. In the event of litigation concerning the disclosure of any Records, OC SAN’s sole involvement will be as a stakeholder, retaining the Records until otherwise ordered by a court. Design-Builder, at its sole expense and risk, shall be fully responsible for any and all fees for prosecuting or defending any action concerning the Records and shall indemnify and hold OC SAN harmless from all costs and expenses including attorney’s fees in connection with any such action. 6.2 Labor Requirements A. Prevailing Rates of Wages 1. Prevailing Wage Laws. Design-Builder is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Design-Builder agrees to fully comply with such Prevailing Wage Laws. Design-Builder shall obtain a copy of the prevailing rates of per diem wages at the commencement of the Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations (“DIR”) located at www.dir.ca.gov. In the alternative, Design-Builder may view a copy of the prevailing rate of per diem wages which is on file at OC SAN’s office and shall be made available to interested parties upon request. Design-Builder shall make copies of the prevailing rates of per diem wages available to interested parties, upon request, for each craft, classification, or type of worker needed to perform work on the Project and shall post copies at Design-Builder’s principal place of business and at the Project site. Design-Builder shall post, at appropriate conspicuous points on the Site, a schedule showing all determined general prevailing wage rates and all authorized PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 38 of 112 deductions, if any, from unpaid wages actually earned. Design-Builder shall defend, indemnify, and hold OC SAN, its officials, officers, employees, and authorized volunteers free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 2. Penalties. Design-Builder shall forfeit as a penalty to OC SAN not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate 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 Design-Builder. 3. Davis-Bacon. If the Contract is subject to the Davis-Bacon Act, the federal minimum wage rates for the Project are predetermined by the United States Secretary of Labor. These rates are available directly from the Department of Labor at http://www.wdol.gov and included in the Contract Documents. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the director of the DIR for similar classifications of labor, Design-Builder and its Subcontractors shall pay not less than the higher wage rate. B. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, Design-Builder and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into the Contract, Design-Builder represents that it is aware of the registration requirement and is currently registered with the DIR. Design-Builder shall maintain a current registration for the duration of the Project. Design-Builder shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time the subcontract is entered into and maintain registration for the duration of the Project. C. Employment of Apprentices. Design-Builder and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7. D. Hours of Work. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Design-Builder stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by Design-Builder or by any Subcontractor under the Contract upon the Work or upon any part of the Project contemplated by the Contract is limited and restricted to PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 39 of 112 eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, Services performed by employees of Design-Builder in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. Design-Builder and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Services or any part of the Services contemplated by the Contract. The record shall be kept open at all reasonable hours to the inspection of OC SAN and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. Design-Builder shall pay to OC SAN a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of the Contract by Design- Builder or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. E. Payroll Records; Labor Compliance 1. Maintaining Records. Pursuant to Labor Code section 1776, Design-Builder and all Subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Services under the Contract. Design-Builder shall certify under penalty of perjury that records maintained and submitted by Design-Builder are true and accurate. Design-Builder shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury. 2. Furnishing Records. In accordance with Labor Code section 1771.4, Design- Builder and each Subcontractor shall furnish the certified payroll records directly to the DIR on the specified interval and format prescribed by the DIR, which may include electronic submission. Design-Builder shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. 3. Stop Orders. Any stop orders issued by the DIR against Design-Builder or any Subcontractor that affect Design-Builder’s performance of Services, including any delay, shall be Design-Builder’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Design-Builder caused delay subject to any applicable liquidated damages and shall not be compensable by OC SAN. Design-Builder shall defend, indemnify, and hold OC SAN, its officials, officers, employees, and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Design-Builder or any Subcontractor. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 40 of 112 4. Certifying Records. The payroll records described herein shall be certified and submitted by Design-Builder at a time designated by OC SAN. Design-Builder shall also provide the following: a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. 5. Form of Records. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. 6. Copies of Records. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, OC SAN, the Division of Apprenticeship Standards, or the DLSE shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and Social Security number. The name and address of Design-Builder awarded the Contract or performing Services on the Contract shall not be marked or obliterated. 7. Noncompliance. In the event of noncompliance with the requirements of this Article, Design-Builder shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects Design-Builder must comply with this Article. Should noncompliance still be evident after such 10-Day period, Design-Builder shall pay a penalty of one hundred dollars ($100.00) to OC SAN for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the DLSE, such penalties shall be withheld from progress payment then due. F. Nondiscrimination/Equal Employment Opportunity. Pursuant to Labor Code section 1735 and other Applicable Law, Design-Builder and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. Design-Builder will take affirmative action to ensure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. G. Debarment of Contractors and Subcontractors. Contractors and Subcontractors may not perform work on a public works project who are ineligible to perform work pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid, to a debarred Subcontractor by Design-Builder on the Project shall PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 41 of 112 be returned to OC SAN. Design-Builder shall be responsible for the payment of wages to workers of a debarred Subcontractor who has been allowed to work on the Project. H. Workers’ Compensation. Pursuant to the requirements of California Labor Code section 1860, Design-Builder shall secure the payment of compensation to Design- Builder’s employees in accordance with the provisions of Section 3700 of the California Labor Code. By executing the Contract, Design-Builder certifies the following: “I am aware of the provisions of California Labor Code section 3700 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 the Contract.” 6.3 Safety and Accident Protection A. General Safety Requirements. Design-Builder shall be solely responsible for all safety precautions and programs in connection with the Project. Design-Builder shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design-Builder shall take all reasonable precautions for the health and safety of, and shall provide all reasonable protection to prevent damage, injury or loss to all employees on the Site and all other persons who may be affected thereby. Design-Builder shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws. Design- Builder shall notify owners of adjacent property and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. Design-Builder shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. section 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. Design-Builder shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. B. Safety Manager. Design-Builder assumes responsibility for implementing and monitoring all health and safety precautions and programs related to the performance of the Work. Design-Builder shall, prior to commencing Work, designate an individual with the qualifications and experience necessary to supervise the implementation and monitoring of all health and safety precautions and programs related to the Work. The health and safety manager shall be an individual stationed full time at the Site and who shall have no other responsibilities with respect to the Project other than supervising the implementation and monitoring of all health and safety precautions and programs related to the Work. C. Safety Inspections and Meetings. Design-Builder is solely responsible to inspect, survey, and assess the Site and identify the existence of all permit-required confined PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 42 of 112 spaces and non-permit confined spaces and comply with applicable OSHA regulations and standards. Design-Builder’s Site assessment shall begin upon the initiation of Work and continue throughout the duration of the Project. The health and safety manager shall make routine daily inspections of the Site and shall hold weekly health and safety meetings with Design-Builder’s personnel, Subcontractors, and others, as applicable. D. Safety Program. Design-Builder shall submit an illness and injury prevention program and a Site-specific safety program to OC SAN prior to beginning Work (“Safety Program”). The Safety Program shall include, but not be limited to, worker safety, electrical safety, lock-out/tag-out, arc flash safety personal protection equipment while working in vicinity of energized electrical equipment, hazard communication, fire protection plan, emergency access plan, health and safety inspections of mechanized equipment, machinery, hoists, cranes, scaffolding, excavations, shoring, and related items. Design-Builder shall maintain a confined space program that meets or exceeds Applicable Law. Design-Builder needs to make itself aware of OC SAN’s safety policies and procedures, and shall meet or exceed all OC SAN standards in areas where OC SAN must enter to perform inspections. E. Safety Compliance Requirements. Design-Builder shall, and shall cause all Subcontractors to, comply with: (1) all Applicable Law relating to safety; (2) the Safety Plan; and (3) any OC SAN health and safety requirements, including, but not limited to, Contractor Safety Standards. Design-Builder shall immediately report (no later than within 12 hours after its occurrence), in writing, any health and safety-related injury, loss, damage, accident, or near miss arising from the Work to OC SAN’s Representative and, to the extent mandated by Applicable Law, to any Governmental Body having jurisdiction over health and safety-related matters involving the Project. OC SAN shall have the right to suspend any or all Work if Design-Builder fails to comply with its obligations hereunder without any requirements of increasing a GMP or Contract Time. F. Emergencies. Design-Builder shall develop an emergency response plan in accordance with the Contract Documents. The emergency response plan shall establish the protocols for Design-Builder in dealing with emergencies impacting the performance of the Work and ensure there is sufficient response to any medical or fire emergency, such as injury to an employee or a wildfire at the Site. The emergency response plan shall be subject to the approval of OC SAN. In case of an emergency which threatens immediate loss or damage to property or health and safety of life, Design-Builder shall act immediately to prevent threatened loss, damage, injury, or death. Design-Builder shall notify OC SAN’s Representative of the situation and all actions taken immediately thereafter. Prior to commencing Construction Work and at all times during the performance of the Work, Design-Builder shall provide OC SAN with 24-hour emergency phone numbers where its representatives can be contacted. When OC SAN has been notified of emergency situations requiring, in OC SAN’s reasonable opinion, immediate attention and rectification, OC SAN will so notify Design-Builder. In the event Design-Builder fails to commence actions to prevent threatened loss, damage, injury or death immediately after notification from OC SAN, OC SAN may take all appropriate rectification actions and deduct the costs thereof from monies owed to Design-Builder. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 43 of 112 G. California Voluntary Protection Program Annual Reporting Requirements. If Design- Builder will potentially work 1,000 combined hours in a quarter, for the term of the Contract, Design-Builder 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. Design-Builder shall furnish this report to OC SAN no later than January 20th each calendar year. Failure to provide this data by the required due date may result in suspension of Design- Builder’s services with OC SAN. Any delay arising out of or resulting from such suspension shall be Design-Builder’s sole responsibility and considered Design- Builder caused delay, which shall not be compensable by OC SAN. 6.4 Patents A. Patent Fees and Royalties. Design-Builder shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. To the fullest extent permitted by Applicable Laws, Design-Builder shall indemnify, defend, and hold harmless OC SAN and OC SAN’s Representative, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court, arbitration, and other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents or specified in the Contract Documents and identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. Design- Builder’s Performance Bond shall be deemed to apply expressly to this provision of these General Conditions. 6.5 Responsibility for Loss, Damage, or Injury A. Disclaim Responsibility by OC SAN. Neither OC SAN, nor its Board, officers, employees, or agents shall be held responsible in any manner for any loss or damage that may happen to the Work or any part thereof during the course of construction; for any loss or damage to any of the materials, equipment, supplies, or other things used or employed in performing the Work; for injury to or death of any person, either workers or the public; or for damage to property, from any cause that might have been prevented by Design-Builder, Design-Builder’s workers, or anyone employed by the Design-Builder, including, but not limited to, Subcontractors. B. Design-Builder Responsibility. Design-Builder shall be responsible for all damages to persons or property that occur as a result of the Work. Design-Builder shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and Final Acceptance by OC SAN. All Work shall be solely at Design-Builder’s risk. Design-Builder shall be responsible for the preservation of public and private property including along and adjacent to the Site. Design-Builder PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 44 of 112 shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Design-Builder shall take every precaution necessary to prevent damage to pipes, conduits, and other underground structures and shall protect carefully from disturbance or damage all land, survey monuments, and property markers. When or where any direct or indirect damage is done to OC SAN’s, or adjacent, property by or on account of any act, omission, neglect, or misconduct in the performance of Work or in consequence of the non-performance thereof on the part of Design-Builder, Design- Builder shall restore, at Design-Builder’s own expense, such property to a condition equal to that existing before such damage was done by repairing, rebuilding, or otherwise restoring same, or Design-Builder will make good such damage in a manner acceptable to OC SAN or other property owner, as applicable. 6.6 Preservation of Property A. Document Site. With the latest technology and prior to Construction Work, Design- Builder shall document the Site as required by the General Requirements. B. Care at Site. Design-Builder shall exercise reasonable care to avoid injury to existing improvements or facilities, utility facilities, any private or public property wherever located, trees, shrubbery, and other landscaping which are not to be removed. Design- Builder is required to familiarize itself with the worksite. C. Protection of Existing Facilities. All trees, shrubbery, landscaping which are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings, structures and improvements, conduits, pipelines (under or aboveground), sewers, waterlines, highway or street facilities, and any other improvements or facilities with respect to any private or public property wherever located shall be protected from injury or damage. Design-Builder shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of Design-Builder’s operation, they shall be replaced or restored at Design- Builder’s expense to a condition equivalent to their condition prior to such injury or damage or as required by the Contract Documents. D. Continuous Protection of Site. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety, and property as above specified shall be considered as included in the GMP, and no additional allowance will be made therefor. E. Notification of Damage. Design-Builder is obligated to respond to a notification of damages to any private or public property wherever located caused by Design- Builder’s operations by beginning Work on emergency repairs/restorations immediately, and in no event later than 4 hours from said notification and on non- emergency repairs/restorations within 72 hours of said notification. Within these required timeframes, Design-Builder must begin efforts to resolve issues of responsibility for any damages or losses for any asserted claim. Design-Builder shall supervise any repairs/restorations or other Work that, at OC SAN direction, must be performed by parties not employed by Design-Builder. For any claims the Design- Builder asserts are not related to its operations, Design-Builder must provide OC SAN PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 45 of 112 with written notice to OC SAN stating its position and all documentation supporting the same, as well as written proof of referral to its insurance carrier and its determination, along with detailed rationale for any denial of coverage or denial of the claim. Said proof shall be submitted to OC SAN within 30 Days of the date of notification to Design- Builder of the damages or losses. F. Failure to Respond. In the event Design-Builder does not respond in the manner required herein and within the required timeframes, OC SAN may determine the validity of the claim and perform the Work itself or have another contractor or qualified entity perform the Work, and Design-Builder’s next progress payment shall be reduced in amount commensurate with the cost of the work and/or resulting damages as a Contract deduction. If the cost of the work and/or resulting damages exceeds the amounts remaining due under the Contract, Design-Builder shall reimburse OC SAN for all remaining costs and/or damages immediately. G. Underground Facilities. The fact that any pipe or other underground facility is not shown on the Contract Documents, or is shown in a different location, shall not relieve the Design-Builder of responsibility under this section. Design-Builder shall be responsible for avoiding all injury or damage to any type of underground utility facility. H. Foundations. In addition to any requirements imposed by law, Design-Builder shall shore up, brace, underpin, and protect, as may be necessary, all foundations and other parts of all existing structures adjacent to and adjoining the worksite which are, or may be, in anyway affected by the excavations or other operations connected with the performance of the Work. Whenever any notice is required to be given by OC SAN or Design-Builder to any adjacent or adjoining landowner or other party before commencement of any Work, such notice shall be given by OC SAN, unless Design- Builder is directed otherwise by OC SAN. I. Emergency. In an emergency affecting the safety of life or property, including adjoining property, the Design-Builder, without special instructions or authorizations, is authorized to act with discretion to prevent such threatened loss or injury. 6.7 Warranty of Title A. Clear Title. No materials, supplies, or equipment for the Work under the Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or Supplier. Design-Builder warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees, upon completion of all Work, to deliver the Work together with all improvements and appurtenances constructed or placed thereon to OC SAN free from any claims, liens, encumbrances, or charges, and further agrees that neither Design-Builder, nor any person, firm, or corporation furnishing any material or labor for any Work covered by the Contract shall have any right to a Lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude Design-Builder from installing metering devices or other equipment of utility companies or of municipalities, the title to which is commonly retained by the utility company or the municipality. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 46 of 112 B. Right of Suppliers. Nothing contained in this section shall defeat or impair the right of such persons furnishing materials or labor, under any bond given by Design-Builder for their protection, or any right under any law permitting such persons to look to unpaid funds due Design-Builder in possession of OC SAN. The provisions of this section shall be inserted in all subcontracts and material contracts, and notices of its provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials. C. Stop Payment Notices. Design-Builder is responsible for, and shall be obligated to pay, all stop payment notice claims asserted and proved to be an obligation of Design- Builder. 6.8 Property Rights in Material A. Rights. Nothing in these Contract Documents shall be construed as vesting in Design- Builder any right of property in the materials used after they have been attached or affixed to the Work or the soil, or after payment has been made for materials delivered to the worksite or stored subject to or under the control of OC SAN. All such materials shall become the property of, and title shall pass to, OC SAN upon being so attached or affixed or upon payment for materials delivered to the worksite or stored subject to or under the control of OC SAN. Design-Builder shall promptly execute, acknowledge, and deliver to OC SAN proper bills of sale or other written instruments of title in a form as required by OC SAN. The written instrument of title shall convey to OC SAN title to material, goods, and/or equipment for the Work free and clear of debts, claims, liens, mortgages, taxes, and/or encumbrances. If title has not been vested in OC SAN previously, title shall pass to OC SAN upon Final Completion. B. Segregating Materials. Design-Builder at its own expense shall conspicuously mark such material, goods, and equipment necessary for the Work as the property of OC SAN, and shall not permit such material, goods, and equipment necessary for the Work to become commingled with non-OC SAN owned materials, equipment, or goods, and shall take such other steps OC SAN may require or regard as necessary to vest title to such material, goods, and equipment necessary for the Work to OC SAN free and clear of debts, claims, liens, mortgages, taxes, and/or encumbrances. C. Transfer of Title. Transfer of title of Work to OC SAN shall not constitute or imply OC SAN’s acceptance of the Work. Notwithstanding the transfer of title, Design-Builder shall continue to be liable and responsible to OC SAN for any damage to or loss of Work until the Work achieves Final Completion. D. Ownership of Site Materials. The title to water, soil, rock, gravel, sand, minerals, timber, and any other materials developed or obtained in the excavation or other operations of Design-Builder or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by OC SAN. Neither Design-Builder nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Except as otherwise specified in the Contract Documents, Design-Builder will, as determined by OC SAN, be permitted to use in the Work without charge, any such materials which PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 47 of 112 meet the requirements of the Contract Documents, provided OC SAN shall have the right to use or consume these materials without payment to a third party. 6.9 Taxes A. Design-Builder shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Design-Builder will be responsible. Without limiting any of the foregoing, in the event OC SAN seeks to obtain any available exemption under Applicable Law from sales, consumer, use, and similar taxes for the Project, Design-Builder will cooperate with OC SAN in seeking such an exemption, and will utilize (and cause its Subcontractors to utilize) any such exemption to the extent available in performance of the Work. 6.10 Assignment of Antitrust Actions A. As set forth in Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Design-Builder, and Subcontractors, offers and agrees to assign to OC SAN all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.A. Section 15), or under the Cartwright Act (Chapter 2 [commencing with section 16700] of Par 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time OC SAN tenders final payment to the Design-Builder, without further acknowledgment by the Parties. 6.11 Subcontracting A. Subcontracting Generally 1. Licenses. Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. All Subcontractors performing Construction Work shall possess a valid contractor license as required by Applicable Law for the classification required for the work to be performed by Subcontractors at the commencement of the Construction Work and throughout the duration of the Work. 2. Responsibility for Subcontractors. Design-Builder shall be as fully responsible to OC SAN for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by its Subcontractors, as Design-Builder is for acts and omissions of persons directly employed by Design-Builder. Nothing contained in these Contract Documents shall create any contractual relationship between any Subcontractor and OC SAN. OC SAN reserves the right to accept all Subcontractors. OC SAN’s acceptance of any Subcontractor under the Contract shall not in any way relieve Design-Builder of its obligations in the Contract Documents. Subcontracts entered into by OC SAN for the performance of the PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 48 of 112 Work shall neither supersede nor abrogate any of the terms or provisions of the Contract. 3. Claims. Design-Builder shall be responsible for settling and resolving all claims with Subcontractors. Design-Builder shall provide to OC SAN, promptly following the receipt thereof, copies of any notice of default, breach, or non-compliance received under or in connection with any subcontract that may have a material and adverse effect on performance by Design-Builder of its obligations under the Contract Documents. 4. Payment. Design-Builder shall pay or cause to be paid to all Subcontractors all amounts due in accordance with their respective subcontracts and the requirements of this Article and Applicable Law. No Subcontractor shall have any right or claim against OC SAN for labor, services, materials, or equipment furnished for the Project. Design-Builder acknowledges that its indemnity obligations under the Contract shall extend to all claims for payment or damages by any Subcontractor who furnishes or claims to have furnished any labor, services, materials, or equipment in connection with the Project. Design-Builder shall, at OC SAN’s request, furnish satisfactory evidence that all obligations of the nature designated above in this Article have been paid, discharged, or waived. If Design-Builder fails to do so OC SAN may, after having notified Design-Builder, withhold from Design-Builder’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Design-Builder will be resumed in accordance with the terms of the Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon OC SAN to either Design-Builder, the Surety, or any third party. 5. Assignment. Each subcontract agreement shall include a provision that allows for an irrevocable assignment of the subcontract to OC SAN, solely at OC SAN’s election and without cost or penalty. The provision shall indicate that OC SAN’s acceptance of the assignment shall not affect any obligations of the Subcontractor’s performance or payment bond surety. OC SAN may accept the assignment by delivering written notice to Design-Builder and Subcontractor. B. Subcontracting Design Work 1. Identified in Proposal. Design-Builder shall perform the Design Work within its own organization or with a design professional identified in the Proposal. 2. OC SAN Approval. Design-Builder may request to have a design professional perform Design Work that is not expressly identified in the Proposal by requesting written approval from OC SAN. The request shall include, among other things, the scope of Design Work performed by the design professional and the design professional’s qualifications. OC SAN may accept the request or may reject any proposed Subcontractor as unsuitable, unqualified, not responsible, having a conflict of interest, or that OC SAN otherwise objects to performing Design Work on the Project. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 49 of 112 C. Substitution of Subcontractors 1. Subcontractors Performing Design Work. Design-Builder shall not substitute a Subcontractor performing Design Work except with OC SAN’s prior express written authorization. 2. Subcontractors Performing Construction Work. Subcontractors performing Construction Work shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act (Public Contract Code sections 4100 et seq.). Design-Builder shall not substitute Subcontractors that are awarded a contract pursuant to the above process, except in accordance with the Subletting and Subcontracting Fair Practices Act. Design-Builder may substitute a Subcontractor without following the Subletting and Subcontracting Fair Practices Act that Design- Builder procures through a noncompetitive procurement. Design-Builder shall not substitute in a Subcontractor for Self-Performed Construction Work except with OC SAN’s prior express written authorization. 3. All Subcontractor Substitution. OC SAN will not grant an increase to a Phase 1 Fee, GMP or grant an extension of Contract Time in the event of a substitution of any Subcontractor. D. Dismissal of Subcontractors 1. Subcontractor. OC SAN reserves the right to order Design-Builder to dismiss any Subcontractor and to terminate any subcontract if, in OC SAN's opinion, the Subcontractor fails to comply with the requirements of the Contract Documents insofar as the same may be applicable to the Subcontractor’s Work. Nothing herein contained shall create any contractual relation between any Subcontractor and OC SAN or relieve Design-Builder of any liability or obligation hereunder. All persons engaged in the Work will be considered as employees of Design-Builder and Design-Builder shall be responsible for their Work. 2. Staff Member of Subcontractor. If, at any time during the Project, OC SAN reasonably determines that the performance of any member of Subcontractor’s staff performing Work is unsatisfactory, OC SAN may require Design-Builder to remove such staff member immediately and replace the staff member at no cost or penalty to OC SAN. 3. No Increase in Price, Time. OC SAN will not grant an increase to a GMP or grant an extension of the Contract Time in the event of a dismissal of any Subcontractor. E. Flow Down Requirements 1. Each Subcontract and Supplier agreement shall preserve and protect the rights of OC SAN, its Board, officers, agents, and employees under the Contract Documents with respect to the Work to be performed by the Subcontractor or the deliverables to be provided by Supplier, as applicable. Where appropriate, Design- Builder shall require each Subcontractor and Supplier to enter into similar agreements with sub-Subcontractors or sub-Suppliers, as applicable. Design- PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 50 of 112 Builder shall make available to each proposed Subcontractor or Supplier, prior to the execution of the subcontract or Supplier agreement, copies of the Contract Documents. In addition, upon the request of OC SAN, Design-Builder shall make available to OC SAN any and all subcontract and Supplier agreements pertaining to the Project and the Work thereunder. By appropriate agreement, written where legally required for validity, Design-Builder shall require: a. Each Subcontractor and Supplier shall be bound to Design-Builder by the terms of the Contract Documents; b. Each Subcontractor and Supplier shall assume toward Design-Builder all obligations and requirements and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which Design-Builder, by the Contract Documents, assumes toward OC SAN; c. Each Subcontractor and Supplier shall require all subcontracted Work to be performed in accordance with the Contract Documents and that, with respect to the Work the Subcontractor or Supplier performs, the Subcontractor or Supplier assumes toward Design-Builder all the obligations and responsibilities which Design-Builder assumes toward OC SAN. d. Each of its Subcontractors or Suppliers shall include in their contracts with lower-Tier Subcontractors or Suppliers these same requirements, and to require each Subcontractor or Supplier to make copies of the Contract Documents available to the Sub-Subcontractors or sub-Suppliers. 2. This section does not and shall not operate to relieve Design-Builder of any duty or liability under the Contract Documents, nor does it create any duty or liability on the part of OC SAN. Design-Builder shall have sole responsibility for promptly settling any disputes between its Subcontractors and between the Subcontractors and any of their lower-Tier Subcontractors. 6.12 Software Licensing Agreement and Provisions for Use A. To the extent that software is included in the Contract Documents, the following shall apply: 1. Deliveries. Design-Builder shall deliver to OC SAN the software, source code materials, and documentations in the format specified in the Contract Documents. 2. Ownership. Design-Builder shall retain ownership of the software, source code materials, and documentation with the right to exploit the same, subject to OC SAN’s rights as herein provided. OC SAN shall place such copyright notices affirming the Design-Builder’s ownership rights as the Design-Builder may reasonably require on all materials licensed hereunder which are reproduced by OC SAN. 3. License Rights. Design-Builder hereby grants to OC SAN a royalty-free, paid-up, non-exclusive license, in perpetuity, to use duplicate, and disclose the software, PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 51 of 112 source code materials, and documentation, and to make modifications of and enhancements to the software, and permit others (who sign standard nondisclosure agreements) to do the same, but only for governmental purposes and not for any commercial purposes. 4. Confidentiality. OC SAN shall hold the software, source code materials, and documentation in confidence; shall use and disclose them only as expressly authorized herein or as required by law and only to its employees, agents or sublicensees to whom disclosure is necessary or appropriate for the performance and exercise of its rights hereunder; and shall take reasonable steps to ensure that unauthorized persons will have no access to them. 5. Warranty. Design-Builder warrants that the software will perform according to the specifications set forth in the Contract; that it is owner of the software, source code materials, and documentation; that it has the right to convey and grant the license herein granted to OC SAN; and that OC SAN’s use thereof as herein contemplated will not infringe any third party’s proprietary rights. The foregoing warranties shall not apply to the extent the software is modified by OC SAN. 6. Modifications and Enhancements. Upon OC SAN’s request, the Design-Builder shall generate modifications of the enhancements to the software not required by the Contract and/or beyond the scope of what was specified and/or provided under the Contract Documents, at the Design-Builder's rates charged for comparable services to its most favored customers. 6.13 Assignment A. The performance of all or any portion of the Contract may not be assigned except upon the prior written consent of OC SAN, and as specifically provided herein. Consent will not be given to any proposed assignment that would relieve the original Design-Builder or the Sureties of responsibilities under the Contract. B. Upon obtaining prior written consent of OC SAN, Design-Builder may assign monies due or to become due under the Contract, to the extent permitted by law, but any assignment of monies shall be subject to all proper setoffs in favor of OC SAN and to all deductions provided for in the Contract. In particular, all monies withheld, whether assigned or not, shall be subject to being used by OC SAN for the completion of the Work in the event that Design-Builder should default. C. No assignment of the Contract will be approved unless it contains a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the Work called for under the Contract in favor of all persons, firms, or corporations rendering such services or supplying such materials and that OC SAN may withhold funds due until all Work required by the Contract Documents is completed to OC SAN’s satisfaction. 6.14 Security A. Security Generally. Design-Builder shall be responsible for the security and protection of the Project and the Site, including any security requirements set forth in the Contract PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 52 of 112 Documents. Design-Builder shall guard against all damage or injury to such properties caused by trespass, negligence, vandalism or malicious mischief of third parties, and shall operate, maintain, repair, and replace all surveillance and other security equipment and assets constituting fixtures of the Project in accordance with the Contract Documents. Design-Builder shall comply with, and cause all Subcontractors to comply with, all terms and conditions related to security. B. Security Plan. Design-Builder shall provide, for OC SAN’s review and comment, a Security Plan, prepared in accordance with the Contract Documents. Design-Builder shall not perform any Construction Work until OC SAN has reviewed and commented on the Security Plan. Design-Builder shall provide a final Security Plan, having addressed any comments provided by OC SAN, as a pre-condition to Construction Work. ARTICLE 7 - COST OF CONSTRUCTION WORK 7.1 Early Construction and Early Purchases A. Generally 1. OC SAN may direct, or the Parties may agree, that Design-Builder will procure an Early Purchase Item or perform an Early Construction Package. For purposes of interpretation, and unless otherwise stated, the terms of these General Conditions that apply to procurement of equipment and material or Construction Work shall apply to an Early Purchase Item or an Early Construction Package. This includes, but is not limited to, applicable procurement requirements and compensation for an Early Purchase Item or an Early Construction Package. Approval by OC SAN of an Early Purchase Item or an Early Construction Package shall not prejudice any right of OC SAN with respect to Phase 2 or the remainder of the Construction Work, including OC SAN’s right to terminate the Contract if the Parties cannot agree to a Phase 2 GMP Amendment and move to Phase 2 Work. For the avoidance of doubt, in no event shall an Early Purchase Item or Early Construction Package be construed as a Phase 2 GMP Amendment or as a Notice to Proceed with Phase 2 Work. 2. Design-Builder expressly agrees and acknowledges that this process for an Early Purchase Item or an Early Construction Package is a contractual mitigation measure to avoid increased costs and to avoid delay(s) to the construction of the Project. OC SAN’s consent to this process hereunder shall in no way entitle Design-Builder to an increase in the Contract Price or an extension of the Contract Time after the issuance of the Notice to Proceed for Phase 2, unless otherwise permitted, and consistent with the requirements of, the Contract Documents. B. Early Purchase Item 1. Design-Builder shall procure Early Purchase Items on either a best value or low- bid basis, as prescribed by OC SAN. In the event that a best value procurement is PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 53 of 112 utilized, Design-Builder will obtain approval of the evaluation criteria from OC SAN and OC SAN has the right to review all proposals submitted. In the event that a low-bid procurement is utilized, OC SAN has the right to review and approve all bids submitted. 2. Each Early Purchase Item Amendment, if any, shall set forth all pricing, schedule, and other relevant commercial terms specific to the corresponding Early Purchase Item. Design-Builder shall obtain express written authorization from OC SAN prior to procurement of any equipment as part of an Early Purchase Item. Design- Builder may procure equipment at its own risk without obtaining OC SAN’s prior approval. 3. Upon delivery of an Early Purchase Item to Design-Builder, whether at the Site or off-site, Design-Builder shall provide OC SAN with verifiable documentation of the receipt of any Early Purchase Item(s) including bill of lading and photographs specifically identifying: a. The Early Purchase Item; b. The serial number of each Early Purchase Item; and/or c. Other indicia authenticating the Early Purchase Item. 4. Design-Builder’s obligations to store an Early Purchase Item shall comply with all requirements for storage of equipment and materials in the Contract Documents and shall ensure that all policies of insurance protecting property shall cover the Early Purchase Item. C. Early Construction Package 1. If OC SAN chooses to authorize the preparation of a proposal for an Early Construction Package, the Parties will agree upon the specific process for doing so, with the understanding that the process is intended generally to follow the submittal and negotiation process set forth for a Phase 2 GMP Proposal. Design- Builder shall comply with all applicable procurement requirements required by the Contract Documents. 2. An Early Construction Package shall set forth the proposed scope of work under the Early Construction Package, the proposed timing, a procurement plan for the work, and any other information necessary to approve and proceed with the Early Construction Package. 3. Each Early Construction Amendment, if any, shall set forth all pricing, schedule, and other relevant commercial terms specific to the corresponding Early Construction Package. If utilized, the form of the Early Construction Amendment shall be generally consistent with the form of a Phase 2 GMP Amendment. 4. Design-Builder shall not commence an Early Construction Package until OC SAN issues a Notice to Proceed for the Early Construction Package. OC SAN shall have PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 54 of 112 no liability to Design-Builder with respect to an Early Construction Package unless and until OC SAN issues a Notice to Proceed for the Early Construction Package, and then only to the extent of the Early Construction Amendment for which OC SAN issued a Notice to Proceed. 5. All services performed pursuant to an Early Construction Amendment shall constitute Construction Work and shall be performed in accordance with the Contract Documents for Construction Work. 7.2 Guaranteed Maximum Price A. Design-Builder guarantees that the final cost to construct all or portion of the Work required by the applicable GMP shall not exceed the GMP for all or portion of the Work, subject to any additions or deductions as provided in the Contract Documents. Except as otherwise provided in the Contract Documents, Design-Builder shall assume the risk of all costs in excess of the GMP in the performance of Work and to provide a fully completed and successfully operational Project, complete in every detail according to the provisions of the Contract Documents and shall not be entitled to additional payments because of such excess costs. Should Design-Builder believe that it is entitled to additional compensation, whether money or time, it must request such compensation through a Request for Change. If the final accounting of the costs for Work exceeds the GMP for the Work, including all adjustments to the GMP in accordance with the Contract Documents, Design-Builder shall be solely responsible for all costs exceeding such amount. B. A GMP includes and assumes that from time to time, Design-Builder will encounter delays and difficult site conditions arising from limited access to work areas, other interference, or conditions at the Project site. Design-Builder assumes full responsibility for its examination, investigation and understanding of the difficulties which may be encountered, and has included in a GMP the cost of any Work associated with such difficulties. 7.3 Composition of Guaranteed Maximum Price A. GMP Elements. The GMP will be based on an Open Book Basis and comprised of the following elements: 1. Completion of Design Work for the Project, including any design support services during Phase 2. 2. Cost of Work, including: a. Direct Cost; b. General Conditions Cost; and c. Subcontractor Construction Cost. 3. Bond costs without markup. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 55 of 112 4. Insurance costs without markup. 5. Design-Builder’s Fee applied to Cost of Work. 6. Design-Builder Contingency, if any. 7. Allowances, if any. B. Design Work Services. OC SAN and Design-Builder will negotiate an amount for Design-Builder to complete Design Work for the Project and design support services in Phase 2. The amount will be based on pricing in Design-Builder’s RFP Pricing and how the Phase 1 Fee is established. C. Cost of Work Components 1. Direct Cost a. Direct Cost includes the actual and verifiable Direct Cost necessarily incurred and paid by Design-Builder in the proper performance of Construction Work. Direct Cost includes, but is not limited to, the following: (i) Field Labor Cost. The cost of field labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state, or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. OC SAN shall not be responsible for any labor rates in excess of the prevailing wage rate unless specifically authorized by OC SAN’s Representative for individuals with special qualifications. Wages, burdens, and fringes will be paid at actual cost as verified as part of the labor compliance reporting process and are fully auditable. They shall include the following: actual wages paid to employees; labor burden, including charges for social security taxes, Medicare taxes, federal unemployment taxes, state unemployment taxes, and other taxes pertaining to labor; and employer payments to or on behalf of the workers for health, welfare, pension, vacation, apprenticeship funds, and similar purposes, as well as assessments or benefits required by lawful collective bargaining agreements. Cost for supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in General Conditions Cost. Premium and overtime rates shall not be paid by OC SAN unless authorized or directed by OC SAN in writing. (ii) Materials, Equipment Cost. The cost of materials and equipment incorporated into the Project shall be actual costs, including purchase, transportation, inspection, testing, storage, and handling costs. Cost of materials described in the preceding sentence in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage, require written approval by OC SAN. Unused excess materials, if PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 56 of 112 any, shall be turned over to OC SAN at the completion of the Project or, at OC SAN’s option, shall be sold by Design-Builder; amounts realized, if any, from such sales shall be credited to OC SAN as a deduction from the Direct Cost. OC SAN reserves the right to furnish materials and equipment for the Project. (iii) Construction Equipment Cost. Regardless of ownership, rates for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof, shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed. Design-Builder shall furnish cost data supporting the establishment of the equipment rate. In the absence of an identified direct cost for the equipment, Design-Builder will be paid for the use of equipment at the rental rates identified for such equipment in the edition of the State of California Department of Transportation (Caltrans) publication “Labor Surcharge & Equipment Rental Rates” as supplemented by the Caltrans “Miscellaneous Equipment Rental Rates” publication in effect on the date the Work is performed. If that equipment is not listed in either Caltrans publication, the U.S. Army Corps of Engineers publication “Construction Equipment Ownership and Operating Expense Schedule” in effect on the date the Work is performed shall be used to determine the rental rate. The equipment rates paid, as above provided, shall include the cost of fuel, oil, lubrication supplies, small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage, insurance, and all incidentals. Rates and quantities of equipment rented will be subject to OC SAN’s prior approval. The time to be paid for equipment shall be the time the equipment is in productive operation on the Work being performed. Charges for time will not be allowed while equipment is inoperative due to breakdowns. All equipment shall, in the opinion of OC SAN, be in good working condition and suitable for the purpose for which the equipment is to be used. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. Individual pieces of equipment having a replacement value of five thousand dollars ($5,000.00) or less shall be considered to be small tools or small equipment and no payment will be made for them. Small tools are part of General Conditions Cost. (iv) Sales Tax. Design-Builder’s charge for sales tax will be its actual, verified direct sales tax costs only. (v) Travel; Lodging Cost. The reasonable cost of travel, accommodations, and meals for Design-Builder’s personnel directly involved in the performance of the Work, negotiated in a GMP. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 57 of 112 b. Costs Not Considered Direct Cost. Direct Cost do not include the following: General Conditions Cost; Subcontractor Construction Cost; Design Work; Design-Builder’s personnel primarily stationed at Design-Builder’s principal or home offices; material or equipment provided by OC SAN; cost of Design- Builder’s capital used in the performance of the Construction Work; cost that would cause the GMP to be exceeded; discounts and rebates and the salvage value of tools and equipment consumed in the Work charged by Design- Builder; cost incurred in performing call-back, repair, and warranty work; cost due to the negligence, error, or omission of Design-Builder or to the failure of Design-Builder to fulfill a specific responsibility to OC SAN set forth in the Contract Documents; cost incurred as a result of a delay which does not constitute compensable delay under the Contract Documents; cost incurred in the performance of Phase 1 Services; legal fees, and costs related to or arising from disputes between the Parties, including, but not limited to, mediation and litigation fees; any cost not specifically and expressly described as a reimbursable cost; and cost Design-Builder is required to bear as a result of Design-Builder’s failure to perform in accordance with the Contract Documents. 2. General Conditions Cost. General Conditions Cost will be negotiated between OC SAN and Design-Builder and established in a GMP Amendment. Design-Builder will be paid for its General Conditions Cost based on a fixed duration price (i.e., x amount per week or month) and not on the basis of actual verified costs, unless otherwise agreed to by the Parties. General Conditions Cost include Design- Builder’s costs to manage and support the Construction Work for a GMP, including, but not limited to, the following: a. Design-Builder’s staff at the Site, including the following: (i) Hourly costs of wages or salaries, including fringe benefits, of all Design- Builder’s supervisory and administrative personnel engaged in the performance of Construction Work but only for that portion of their time required for Work covered by the GMP, including but not limited to the project manager, construction manager, superintendent(s), and those responsible for managing and implementing Design-Builder’s general conditions, including, but not limited to, scheduling, cost control, billing, surveying, Security Plan, and Safety Plan. (ii) Hourly costs of wages or salaries, including fringe benefits, of the Design- Builder’s supervisory and administrative personnel engaged off of the Site at suppliers, at workshops, or on the road, to assist in the coordination, production, or transportation of material or equipment for the Construction Work. b. Field office costs for Design-Builder staff, including the following: (i) Design-Builder field office mobilization and demobilization (ii) Office trailer rental PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 58 of 112 (iii) Office furniture and equipment (iv) Office janitorial (v) Office supplies (vi) Office computers, software, and maintenance (vii) Office telephones, telephone and internet services, and all job site communication for the Project (viii) Document reproduction services (off-site or custom) (ix) Copy machines, fax machines, printers, scanners, and paper shredders (x) Postage, courier, and express delivery (xi) Accounting and data processing costs (xii) Jobsite radios/cellular phones (xiii) Scheduling expenses (xiv) Job meeting expenses (xv) Employee identification system (xvi) As-Built Drawings (xvii) Project preconstruction and progress photos (xviii) Job Site security c. Temporary amenities and utilities (include hookup, metering, and consumption costs) including the following: (i) Drinking water (ii) Temporary toilets (iii) Temporary water distribution and meters (iv) Temporary fire protection (v) Temporary power (vi) Temporary and emergency lighting (vii) Temporary construction facilities and services PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 59 of 112 (viii) Temporary heat and ventilation 3. Subcontractor Construction Cost. Subcontractor Construction Cost includes payments made by Design-Builder to Subcontractors for the proper performance of Construction Work. Subcontractor Construction Cost includes, but is not limited to, the following: a. Payments made by Design-Builder to Subcontractors for any and all cost to perform Subcontracted Construction Work as part of the Work established in either a quote, proposal, or bid to Design-Builder, including, but not limited to, the Subcontractor’s direct costs, indirect costs, field and office overhead, performance bonds, payment bonds, insurance, and profit. D. Bond Costs. Design-Builder’s charge for Performance Bond and Payment Bond costs shall be its actual, verified costs, without any markup, and identified in a GMP Amendment. E. Insurance Costs. Design-Builder’s charge for insurance shall be its actual, verified costs, without any markup, and identified in a GMP Amendment. F. Design-Builder’s Fee. Design-Builder’s Fee shall compensate Design-Builder for its home office overhead, profit, and other costs and expenses not specifically included in the Cost of Work. Design-Builder’s Fee percentage is identified in the Special Conditions and shall only be applied to Design-Builder’s Cost of Work. G. Design-Builder Contingency. Design-Builder may propose within the GMP a Design- Builder Contingency, in an amount to be approved by OC SAN and established in a GMP Amendment. If agreed upon by OC SAN and included within GMP Amendment, Design-Builder Contingency will be available for Design-Builder to cover any Construction Work that could not have been anticipated by Design-Builder on the effective date of the GMP Amendment, such as resequencing the Construction Work for the benefit of the Project. If a GMP includes Design-Builder Contingency, the GMP Amendment shall describe when Design-Builder Contingency may be used by Design- Builder. Use of Design-Builder Contingency requires OC SAN’s approval, not to be unreasonably withheld. Design-Builder Contingency is not a separate fund, but is tracked as a separate line item within the GMP and will be used as a cost management tool. When used, Design-Builder Contingency funds will be subtracted from the Design-Builder Contingency line item and applied to one or more line items in the GMP. H. Allowances. In developing the GMP Proposal, Design-Builder may propose including appropriate Allowances for defined items of Work that cannot be appropriately quantified and estimated at the time the GMP Amendment is established. Each such item of Work will be covered in a separate line item and have a clear description in the GMP Amendment of what is covered by the Allowance. Allowance items will be converted to, and included as a line item within that GMP once conditions exist that allow them to be properly quantified and priced, only with specific written approval of OC SAN. Allowance items that cannot reasonably be quantified and estimated before the Allowance Work begins will be reconciled based on the actual cost of the PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 60 of 112 Allowance Work. If the actual cost of the Work covered by an Allowance will be greater than the amount of the Allowance, Design-Builder will notify OC SAN and if OC SAN authorizes the Allowance Work in a Change Order, the GMP will be increased by such difference with an additional agreed upon amount. 7.4 Convert GMP to Lump Sum Price A. At OC SAN’s discretion, a GMP may be converted to a Lump Sum Price with a negotiated discount. To the extent that a GMP is converted to a Lump Sum Price, all references to GMP within the Contract Documents shall apply equally to the converted Lump Sum Price except as clearly and expressly indicated in any document effectuating the conversion. 7.5 Self-Performed Construction Work A. Self-Performed Construction Work Generally 1. Amount of Construction Work Performed. The Special Conditions provide for the minimum and maximum amount of Construction Work required to be performed by Design-Builder on the Project. 2. Identification of Self-Performed Construction Work. Design-Builder is entitled to perform Self-Performed Construction Work, competitively bid against an independent cost estimate, in accordance with applicable law and written OC SAN approval. To perform Construction Work, Design-Builder must submit a written request to OC SAN seeking approval, which is at OC SAN’s sole discretion, prior to submitting a GMP Proposal. The written request shall explain why the Work cannot be subcontracted and how performing the Work by Design-Builder will be most advantageous to OC SAN. OC SAN agrees to consider approving such request if Design-Builder demonstrates to OC SAN’s satisfaction that providing this Construction Work is in the best interest of the Project. If OC SAN approves the requests, Design-Builder still must follow the competitive procedures for Self- Performed Construction Work. B. Competitive Procedures for Self-Performed Construction Work 1. Design-Builder must submit to OC SAN’s Representative as part of the GMP Proposal and on an Open Book Basis, pricing for Self-Performed Construction Work that includes a detailed description of the scope of the Work. The bid format shall be consistent with cost modeling provided during Phase 1 Services. 2. Prior to providing OC SAN with pricing for Self-Performed Construction Work, Design-Builder shall provide OC SAN notice of when the pricing will be submitted and allow OC SAN a sufficient amount of time to engage an independent cost estimator to perform an independent cost estimate. 3. Prior to receipt of Design-Builder’s pricing for Self-Performed Construction Work, OC SAN will perform an independent cost estimate using, among other things, current local construction market costs. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 61 of 111 4. Design-Builder shall submit revised pricing for Self-Performed Construction Work and an updated GMP Proposal as may be necessary to continue negotiations for a GMP Amendment. The process shall continue until either: a. OC SAN agrees to the pricing for the Self-Performed Construction Work; b. If OC SAN’s independent cost estimate cannot be reconciled with Design- Builder’s pricing, Design-Builder agrees to perform the Self-Performed Construction Work at OC SAN’s final independent cost estimate; c. At OC SAN’s sole discretion, allow Design-Builder to subcontract the Self- Performed Construction Work pursuant to the subcontracting procedures for Subcontractors in these General Conditions. Design-Builder shall not be allowed to compete against bidders for the Construction Work unless otherwise agreed to by OC SAN, in its sole discretion. If OC SAN allows Design-Builder to subcontract the Self-Performed Construction Work, the minimum and maximum amount of Construction Work required to be performed by Design- Builder on the Project will not change. d. At OC SAN’s sole discretion, follow the procedures in these General Conditions for when the Parties are unable to execute a GMP Amendment. 5. Design-Builder shall not be entitled to an increase of the GMP or any extension of Contract Time related to the foregoing process. C. Costs to Price and Bid Self-Performed Construction Work 1. Any and all costs expended by Design-Builder to price Self-Performed Construction Work shall be part of the Phase 1 Fee. 2. If OC SAN allows Design-Builder to subcontract the Self-Performed Construction Work after failing to agree to pricing with Design-Builder for Self-Performed Construction Work, Design-Builder shall be responsible for any and all costs related to subcontracting the Self-Performed Construction Work. This includes, but is not limited to, costs to prepare Work Packages and following the competitive subcontractor procurement procedures. 7.6 Key Subcontractors A. If applicable, pricing for Key Subcontractors shall be determined by following the competitive procedures for Self-Performed Construction Work. 7.7 Subcontracted Construction Work A. Subcontracted Construction Work. Design-Builder shall develop and prepare separate and specific Work Packages for each category of Subcontracted Construction Work that clearly delineates the scope of subcontracted Work. Design-Builder shall be responsible for the assembly, reproduction, and distribution of all documents defining the scope of work for each category of Subcontracted Construction Work. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 62 of 111 B. Competitive Subcontractor Procurement 1. Compliance with Law. Design-Builder shall procure Subcontractors through a competitive process that complies with Applicable Law, including, but not limited to, legislation that authorizes the Contract. Subcontractors shall be selected in accordance with protections provided by State law, including, but not limited to, the Subletting and Subcontracting Fair Practices Act (Public Contract Code sections 4100 et seq.). Exceptions to the competitive process shall only be authorized as set forth in the Contract Documents. 2. Prequalification. Design-Builder may, at its option, advertise for statements of qualifications in order to prequalify or shortlist interested subcontractors prior to soliciting bids or proposals. 3. Public Notice. Design-Builder shall provide notice of bidding for Subcontracted Construction Work in accordance with the publication requirements applicable to OC SAN’s competitive bidding process including a fixed date and time on which qualification statements, bids, or proposals will be due. These posting requirements shall also apply to a request for qualifications. 4. Award Based on Best Value. Design-Builder shall award subcontracts to responsible subcontractors based on a best value basis. The solicitation shall identify all evaluation factors and their relative importance to determination of the award. Design-Builder shall develop a written method of determining the proposer who will provide the best value to the Project, which shall include consideration of price and other relevant factors. Design-Builder shall document its basis for making the award. 5. OC SAN Review of Bid Packages and Notice. At least fourteen (14) Days prior to the release of Subcontracted Construction Work for bidding, Design-Builder shall provide OC SAN with a copy of the written notice it will publish (including newspaper advertising) to solicit potential subcontractors and a copy of the Work Packages for the Subcontracted Construction Work. OC SAN reserves the right to request that Design-Builder reasonably revise its published notice or Work Package for Subcontracted Construction Work. 6. Bid/Proposal Opening. Design-Builder shall invite OC SAN to attend all bid and proposal opening(s) for Subcontracted Construction Work and shall, within 48 hours of the bid or proposal opening(s), provide copies or access to all bid or proposal documents provided by all proposers or bidders. 7. Review of Bids, Proposals a. Solicitations shall include a procedure, developed and administered by Design- Builder, for protesting a prequalification determination or contract award. Design-Builder shall notify OC SAN of any protest prior to responding to such protest. Design-Builder shall be solely responsible for determining any protests to any of its subcontract awards. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 63 of 111 b. Design-Builder may reject all bids or proposals and may waive any inconsequential irregularities in any bid or proposal. If Design-Builder rejects a bid or proposal as non-responsive, or otherwise determines the bidder or proposer is not eligible or qualified, Design-Builder shall document the basis for any rejection. 8. Contracts. Construction subcontracts shall be on a lump sum or unit price basis, and Design-Builder shall not award contracts to Subcontractors on a basis that uses a percentage of construction cost contracting. 9. Rights of OC SAN a. Without limiting anything set forth herein, Design-Builder acknowledges and agrees that OC SAN shall have the right to: (a) review and comment on all Work Packages or procurement documents; (b) attend any bid or proposal openings; (c) attend any meetings with prospective subcontractors; (d) review all bids, proposals, and other information developed or otherwise resulting from any competitive procurement, including Design-Builder’s tabulation, scoring, or evaluation materials; and (e) otherwise participate in the contract award process. Design-Builder shall provide OC SAN sufficient time, but in no case less than 20 Days, to exercise its rights regarding the foregoing. Upon contract award, Design-Builder shall provide OC SAN with a description of the competitive process undertaken in connection with such contract award, together with copies of all material documents used in connection therewith and agreements resulting therefrom. b. OC SAN, in its discretion, shall have the right to direct Design-Builder to reject any or all bids and proposals and re-solicit any Subcontracted Construction Work in accordance with the procurement requirements of this Article in the event OC SAN is not satisfied that the competitive process or pricing received is fair, reasonable, and consistent with industry standards for similar services. Design-Builder shall not be entitled to an increase of the GMP or any extension of Contract Time if OC SAN requires Design-Builder to re-solicit any Subcontracted Construction Work due to Design-Builder failing to follow the Contract requirements for solicitation of Subcontracted Construction Work. C. Noncompetitive Subcontractor Procurement 1. Design-Builder may procure Subcontractors without following the above competitive procurement procedures only if: a. The Phase 2 Price is less than $10,000,000; or b. If the Phase 2 Price is equal to or greater than $10,000,000, the Subcontracted Construction Work is equal to or less than one-half of one percent (0.5%) of the Phase 2 Price. 2. If, following Design-Builder’s diligent and good faith solicitation of a number of sources, Design-Builder determines that competition is determined to be inadequate, Design-Builder may, with OC SAN’s express written authorization, PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 64 of 111 utilize a noncompetitive process or may self-perform the Subcontracted Construction Work by following the procurement procedures for Self-Performed Construction Work. 3. For a noncompetitive procurement, Design-Builder may obtain quotes, negotiate price, or utilize any other selection method. Noncompetitively procured Subcontractors must still meet all other requirements of the Contract Documents, including, but not limited to, agreeing to being registered with the Department of Industrial Relations to perform public works and maintaining all appropriate licenses and qualifications to perform the respective Subcontracted Construction Work. 7.8 GMP Proposal A. Generally 1. As part of Phase 1 Services, Design-Builder shall prepare a GMP Proposal as directed by OC SAN. 2. Prior to providing OC SAN a GMP Proposal, Design-Builder shall provide OC SAN notice of when the GMP Proposal will be submitted. OC SAN shall be provided a sufficient amount of time to review a GMP Proposal. 3. The GMP Proposal shall include and be based upon the Contract Documents and all other information, analysis, findings, and reports provided to Design-Builder during the performance of Phase 1 Services, and shall be prepared in accordance with the Contract Documents, including the Phase 1 Scope of Work. 4. Design-Builder shall develop the GMP on an Open Book Basis, providing OC SAN with full access to all details that make up the GMP Proposal. 5. Each GMP Proposal shall include a detailed and comprehensive description of how the proposed GMP was derived and the material factors on which it was based, all in compliance with the contractual requirements for establishing the GMP, together with any other related information required pursuant to this Article. All costs, bids, quotes, estimates, and other information supporting the GMP Proposal shall be made available to OC SAN. 6. Design-Builder shall not be entitled to an increase of the GMP or any extension of Contract Time related to the GMP Proposal process. B. Components of GMP Proposal. Design-Builder shall include with the GMP Proposal a written statement of its basis for the GMP, which shall include the following: 1. A list of the Construction Documents, including, among other things, the Plans and Specifications used as the basis for the GMP; 2. A list of the assumptions, exceptions, and clarifications made by Design-Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the Construction Documents; PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 65 of 111 3. Design-Builder’s proposed GMP on an Open Book Basis, including, but not limited to, the following: a. A proposed cost to complete the Design Work for the Project and provide design support services during Phase 2; b. A proposed Cost of Work with Design-Builder’s Fee c. A proposed bond cost; d. A proposed insurance cost; e. A proposed Design-Builder Contingency, if any; f. A proposed Allowance, if any; g. A proposed Schedule of Values for the Work; and h. A proposed list of Subcontractors performing Subcontracted Construction Work, if known. 4. A proposed Phase 2 CPM Schedule. 5. A proposed Contract Time; and 6. Any other information requested by OC SAN as necessary or appropriate to negotiate and execute the GMP Amendment. C. Early Purchase Items; Early Construction Packages. In the event that an Early Purchase Item Amendment or Early Construction Package Amendment has been executed prior to submittal of the Phase 2 Proposal, a proposal as to the manner in which the technical, price, schedule, and other terms and conditions contained in the Early Purchase Item Amendment or Early Construction Package Amendment will be incorporated and taken account of in the Phase 2 GMP Amendment, with the objective that the Phase 2 GMP Amendment will contain and supersede all of the terms and conditions of any Early Purchase Item Amendment or Early Construction Package Amendment. 7.9 GMP Amendment A. Obligations of Design-Builder 1. Design-Builder shall be obligated (1) to make a complete bona fide GMP Proposal in accordance with this Article and the Contract Documents, and (2) to negotiate in good faith toward a GMP Amendment based on the GMP Proposal. 2. If the GMP Proposal does not comply with the requirements of the Contract, OC SAN’s Representative shall provide written notice to Design-Builder of any additions, corrections, or revisions required to achieve such compliance. In such event, Design-Builder, at its cost and expense and without any increase in the PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 66 of 111 Phase 1 Fee, shall promptly take all necessary rectification action, making multiple re-submittals if required. The failure of Design-Builder to provide a GMP Proposal in accordance with the Contract Documents shall be a material breach of the Contract. B. Negotiation, Execution of GMP Amendment 1. OC SAN and Design-Builder acknowledge and agree that each intends to negotiate and enter into a GMP Amendment mutually acceptable to the Parties for the performance of the Work based on the GMP Proposal. 2. The execution and delivery of the GMP Amendment shall establish the GMP and the Contract Time, along with other basic terms and conditions of the Contract which were not established at the Effective Date. Unless otherwise expressly stated by the Parties in the GMP Amendment, the GMP Amendment shall not modify any portion of the Contract Documents. 3. The execution of a GMP Amendment shall not prejudice any right of OC SAN with respect to the remainder of the Construction Work, including OC SAN’s right to terminate the Contract and not construct Work Packages. C. Representations in the GMP Amendment 1. In the event the Parties execute a GMP Amendment, the GMP Amendment shall be deemed to constitute a representation by Design-Builder that: a. It has examined, carefully studied, and thoroughly understands the Contract Documents associated with the Project; b. It has thoroughly reviewed and verified all information provided to or obtained by Design-Builder through the performance of Phase 1 Services, including reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; c. It has become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Project; d. It is familiar with and is satisfied as to all Applicable Law that may affect cost, progress, and performance of the Project; e. It has considered the information known to Design-Builder, including information commonly known to contractors doing business in the localities of the Site; information and observations obtained from visits to the Site; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on: (i) The cost, progress, and performance of the Project; and (ii) The means, methods, techniques, sequences, and procedures of PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 67 of 111 construction to be employed by Design-Builder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents. f. Based on all of the foregoing and the performance of Phase 1 Services, the Site constitutes an acceptable and suitable location for construction of the Project; g. It does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for it to enter into a GMP Amendment for the completion of Work for the GMP within the Contract Time, and in accordance with the other terms and conditions of the Contract; h. The Contract Documents are sufficient to enable Design-Builder to determine the GMP and Contract Time; and i. Subject to the terms and conditions of the Contract, the GMP can be completed in accordance with the Contract Documents for the GMP within the Contract Time. D. Failure to Execute GMP Amendment 1. If the Parties are unable to reach an agreement on Design-Builder’s GMP Proposal and execute a GMP Amendment, OC SAN reserves the right, in its sole discretion, to, without limitation, do any of the following (or, a combination thereof): a. Allow the Design-Builder to complete Phase 1, if not yet completed. OC SAN shall pay Design-Builder only for the compensation agreed to for Phase 1. All deliverables, including, but not limited to, Work Product, Early Purchase Items, and Construction Documents shall become the exclusive property of OC SAN. b. Complete the Project as a traditional design-bid-build project and have the Design-Builder prepare a fully biddable set of Plans and Specifications, provide bid phase support, and provide design support services during construction. OC SAN and Design-Builder shall negotiate compensation for Design-Builder to perform such services based on Design-Builder’s RFP Pricing. c. Terminate Design-Builder for convenience in accordance with the General Conditions and take possession of, among other things, any Work Product, Early Purchase Items, and Construction Documents, even if not complete. d. Complete the Project by any other project delivery method, including, but not limited to, soliciting proposals to complete the Project from other firms that submitted Proposals in response to the RFP for this Project, or seek approval from OC SAN’s Board that it is in the best interest of OC SAN to formally solicit proposals from other design-build entities. Design-Builder shall not be entitled to bid or propose on any part of the Project. 2. OC SAN shall have the right at any time in its discretion to proceed to develop and implement Work Packages with other contractors. OC SAN may exercise such PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 68 of 111 right during the performance of Phase 1 Services, upon termination of the Contract or upon any failure of the Parties to execute a GMP Amendment. ARTICLE 8 - PROSECUTION OF THE WORK 8.1 Progress of the Work A. Design-Builder shall proceed expeditiously with adequate forces and shall achieve full completion of the Work within the Contract Time. If OC SAN’s Representative determines that Design-Builder’s progress is such that Design-Builder will not achieve full completion of the Work within the Contract Time, the Parties will meet and discuss how Design-Builder will take measures to ensure full completion of the Work within the Contract Time. If necessary, Design-Builder shall, at no additional cost to OC SAN, take all measures necessary, including working such overtime, additional shifts, Sundays, or holidays as may be required to ensure that the entire Project is completed within the Contract Time. Design-Builder shall reimburse OC SAN for any extra costs or expenses (including the reasonable value of any services provided by OC SAN’s employees) incurred by OC SAN as the result of such measures. 8.2 Defective Work A. Correction of Defective Work 1. Failure to Correct. If Design-Builder fails to correct Defective Work, remove and replace rejected Work as required by OC SAN, or fails to perform the Work in accordance with the Contract Documents, OC SAN may, after seven (7) Days written notice to Design-Builder, correct or remedy any such deficiency if Design- Builder has failed to commence correcting such deficient Work. 2. Correction of Work by OC SAN. In connection with such corrective or remedial action, OC SAN may exclude Design-Builder from all or part of the Site, take possession of all or part of the Work and suspend Design-Builder’s services related thereto, take possession of Design-Builder’s tools, appliances, construction equipment, and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OC SAN has paid Design-Builder but which are stored elsewhere. Design-Builder shall allow OC SAN, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable OC SAN to exercise the rights and remedies to correct the Defective Work. 3. Costs of Correcting Defective Work. All claims, costs, losses, and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by OC SAN correcting the Defective Work will be charged against Design-Builder, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OC SAN shall be entitled to reimbursement of the costs from Design-Builder. Such claims, costs, losses, and damages will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction, PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 69 of 111 removal, or replacement of Defective Work. If the Change Order is executed after all payments under the Contract have been made by OC SAN and the Project retention is held in an escrow account as permitted by the Contract Documents, Design-Builder will promptly alert the escrow holder, in writing, of the amount of retention to be paid to OC SAN. Design-Builder shall not be allowed an extension of Contract Time because of any delay in the performance of the Work attributable to OC SAN correcting Defective Work. B. Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of Defective Work, OC SAN prefers to accept it, OC SAN may do so. Design-Builder shall pay all claims, costs, losses, and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to OC SAN’s evaluation of and determination to accept the Defective Work and for the diminished value of the Work. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OC SAN shall be entitled to an appropriate decrease in the GMP, reflecting the diminished value of Work and reimbursement of all costs incurred by OC SAN. 8.3 Use Prior to Final Completion (Beneficial Occupancy) A. OC SAN shall have the right to Beneficially Occupancy of all or a portion of the Work at no additional cost to OC SAN. B. If OC SAN elects to take Beneficially Occupancy of any completed or partially completed portions of the Work, OC SAN’s Representative shall so document in writing the scope of Work of which it elects to take possession and an inspection shall be made by Design-Builder and OC SAN’s Representative of said scope of Work. Based on such inspection, OC SAN’s Representative will attempt to list all incomplete and/or deficient items of Work observed, and provide the Design-Builder with such a list. However, the absence of an item from the list shall not relieve Design-Builder of responsibility to perform all of the Work in accordance with the Contract Documents, and any and all areas so occupied will be subject to final inspection after the Design- Builder completes the Punch List, before Final Completion. If such prior use by OC SAN delays the progress of the Work or causes additional expense to Design-Builder, Design-Builder may file a written Request for Change. C. Until Final Acceptance of the Work, Design-Builder shall guarantee, through the provision and maintenance of sufficient warranties, the following: (1) that the portions of the Work Beneficially Occupied shall perform at all times as part of a fully integrated system consisting of all elements which are being Beneficially Occupied; (2) that the portions of the Work Beneficially Occupied are free from all defects due to faulty materials, equipment, or workmanship; and (2) that Design-Builder 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 Design-Builder of observed defects. In the event that Design-Builder fails to make adjustments, repairs, corrections, or other work made necessary by such defects, OC SAN may do so and charge Design-Builder the cost incurred. Design-Builder’s warranty shall continue as to any corrected deficiency until the later of (1) the remainder of the original warranty PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 70 of 111 period or (2) one year after acceptance by OC SAN of the corrected work. D. If OC SAN’s need to occupy the Work, or any portions thereof, prior to such time as the Work is complete is caused by Design-Builder’s failure to complete the Work within the period of performance, including due allowance for extensions of time made in accordance with the Contract Documents, if any, Design-Builder shall bear any and all additional costs associated with completing the Work. 8.4 Substantial Completion A. When Design-Builder considers that Substantial Completion has been achieved, the Design-Builder shall notify OC SAN’s Representative that the Work is substantially complete to the required stage and is ready for inspection and shall include with its Notice of Substantial Completion of the Work a list of minor items, (including Design- Builder’s Punch List) to be completed or corrected that would not affect Beneficial Occupancy or suitability for use. B. After receipt of Design-Builder’s Notice of Substantial Completion of Work, OC SAN’s Representative and Design-Builder, and any other representative as OC SAN’s Representative deems appropriate, shall make an inspection of the Work to determine whether the Work has been completed in accordance with the Contract Documents and to review Design-Builder’s Punch List. If, in OC SAN’s Representative sole opinion, the Work has not achieved Substantial Completion, the Parties shall cease the inspection and all costs incurred by OC SAN as a result of the premature inspection shall be deducted from the payments due Design-Builder. Design-Builder shall thereafter perform all remaining Work to reach Substantial Completion, and re-submit its Notice of Substantial Completion of Work. The inspection of the Work will re- commence as set forth above. If the Work has achieved Substantial Completion, a Punch List shall be prepared by OC SAN’s Representative and consist of those items listed by Design-Builder to be completed or corrected as supplemented by those items observed during the inspection. Failure to include any items on OC SAN’s Punch List shall not alter the responsibility of Design-Builder to complete all Work in accordance with the Contract Documents, nor shall the Punch List amend the Contract Documents. All deficiencies and/or items identified on OC SAN’s Punch List must be corrected within 30 Days of said initial inspection conducted at the Substantial Completion phase, unless otherwise specified in writing by OC SAN’s Representative. 8.5 Final Completion and Final Acceptance A. Final Inspection. Design-Builder shall notify OC SAN’s Representative in writing when all Punch List items have been completed, all Work is completed in accordance with the Contract Documents, and all clean-up has been done. Clean-up shall be completed when all waste, materials, excess materials, tools, and equipment such as scaffolding, temporary structures, and unneeded facilities such as fencing and sanitary facilities are removed from the Project. OC SAN’s Representative will then make final inspection for the purposes of ascertaining that the Work has been fully completed in accordance with the requirements of the Contract Documents. B. Final Completion. After OC SAN’s Representative has made the final inspection and is satisfied that the Work has been completed in accordance with the Contract PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 71 of 111 Documents, including all Punch List items, and is satisfied that all submittals have been made and accepted, including, but not limited to, all materials required by the Contract Documents and all As-Built Drawings by the Design-Builder and any other required record documents have been completed and accepted, all Change Order Work has been completed and accepted by OC SAN’s Representative, and all other requirements of the Contract Documents, except for any unexecuted Change Orders, possible future warranty and guarantee Work, have been accomplished, OC SAN’s Representative shall certify, in writing, the full completion of the Work and the date thereon. C. Final Acceptance 1. The Work, after achieving Final Completion, is subject to Final Acceptance by OC SAN. Final Acceptance occurs in accordance with the following: a. Design-Builder is required to provide adequate resources to fully support administrative Project close-out efforts identified in the Contract Documents, including, but not limited to, execution of all Change Orders, agreement on all final quantities, and all other activities specified herein. Such support and completion of all administrative close-out activities as required herein must be provided within the timeframe(s) requested by OC SAN and is condition precedent to Final Acceptance. b. OC SAN’s Representative shall, after certifying the date of Final Completion of the Contract, make a final estimate of the amount of Work done thereunder, and the General Manager or designee shall certify, as specified in the OC SAN delegation of authority, as amended, the value of such Work and the date of Final Completion. If the designated authority finds that the Work has been completed according to the Contract Documents, it shall establish the date of Final Acceptance, and find and declare the Work accepted pursuant to this Article, which shall be evidenced by a Notice of Completion. c. A Notice of Completion shall be recorded with the Orange County Clerk Recorder’s Office immediately after the Final Acceptance, and in no event later than 15 Days from Final Acceptance. d. Only upon Final Acceptance shall final payment be processed. Processing of final payment shall occur in accordance with provisions in these General Conditions. Final Completion and Final Acceptance are for purposes of issuing final payment, and neither shall act to relieve the Design-Builder from any of its obligations under the Contract Documents, and under no circumstances shall Final Acceptance of the Contract Work waive any rights related to, among other things, claims by OC SAN pertaining to warranties and guarantees, latent defects, indemnity, fraud on the part of the Design-Builder, gross mistakes on the part of the Design-Builder amounting to fraud, or as otherwise provided in the Contract Documents. 8.6 Warranty (Design-Builder’s Guarantee) A. Generally. Design-Builder warrants and guarantees, without limitation, the following: PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 72 of 111 1. Work shall: (i) be new, of recent manufacture, and of good quality; (ii) conform to the requirements of the Contract Documents; and (iii) be free of material faults or defects. 2. All items having a manufacturer's warranty installed under the Contract shall be installed by or under the directive of the manufacturer or its certified agent in order to conform with the manufacturer's warranty requirements. All Work, including any repairs or replacements, involving manufacturer's products shall be performed in accordance with manufacturer's recommendations in order to maintain all warranties. 3. Neither final payment nor any provision in the Contract Documents shall relieve Design-Builder of responsibility for faulty materials or workmanship. B. Warranty Work. Design-Builder shall and hereby does guarantee the entire Work, and its performance through maintenance of sufficient warranties, that the entire Work shall perform at all times as part of a fully integrated system consisting of all Work elements specified in the Contract Documents for a period of one (1) year after the Final Acceptance of the Work by OC SAN. Any portion of the Work with Beneficially Occupancy shall be additionally warranted as described in these General Conditions. During the warranty period, Design-Builder shall repair or remove and replace any Work, together with any other work which may be displaced in so doing that is found to be defective in workmanship and/or materials without any expense to OC SAN, ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the above-mentioned conditions within one (1) week after being notified in writing, OC SAN is hereby authorized to proceed to have the defects remedied at the expense of Design-Builder who hereby agrees to pay the cost and charges thereof immediately on demand. Such action by OC SAN will not relieve Design-Builder of the warranties required by this Article or elsewhere in the Contract Documents. Design- Builder’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. C. Warranty Benefits. All guarantees and warranties, expressed or implied, shall inure to the benefit of both OC SAN and Design-Builder during the performance of the Work. Upon Final Completion of the Work, such guarantees and warranties shall inure to the benefit of OC SAN. D. Immediate Warranty Work. If, in the opinion of OC SAN, Defective Work is detected during the warranty period which creates a dangerous condition or requires immediate correction or modification to prevent further loss to OC SAN or to prevent interruption of OC SAN operations, OC SAN will attempt to give the notice required by this Article. If Design-Builder cannot be contacted or does not comply with OC SAN’s request for correction within a reasonable time as determined by OC SAN, OC SAN may, notwithstanding the provisions of this Article, proceed to make such correction or provide such modification. The costs of such correction or modification shall be charged against the Design-Builder. Such action by OC SAN will not relieve Design- Builder of the warranties required by this section or elsewhere in the Contract PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 73 of 111 Documents. E. Manufacturer’s Warranties. Without limiting any warranties or guarantees of Design- Builder in the Contract Documents or at law, Design-Builder shall obtain for OC SAN all warranties that would be given in normal commercial practice and assign to OC SAN any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Design-Builder and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Assignments will not relieve Design-Builder of its responsibility in the case of a manufacturer’s or installer’s failure to fulfill guarantee or warranty provisions. Design-Builder shall furnish OC SAN with all warranty and guarantee documents prior to Final Completion of the Project by OC SAN as required. Nothing in these Contract Documents is intended to limit any third-party warranty that provides OC SAN with greater warranty rights than those provided herein. F. OC SAN Furnished Materials and Equipment. When specifically indicated in the Contract Documents or when directed by OC SAN, OC SAN may furnish materials or equipment to Design-Builder for installation and incorporation into the Work. In the event any act or failure to act by Design-Builder shall cause a warranty applicable to any materials or products purchased by OC SAN for installation by Design-Builder to be voided or reduced, Design-Builder shall indemnify OC SAN from and against any cost, expense, or other liability arising therefrom, and shall be responsible to OC SAN for the cost of any repairs, replacement, or other costs that would have been covered by the warranty but for such act or failure to act by Design-Builder. G. Warranty Not Limited. This Article does not in any way limit the warranty on any items for which a longer warranty is specified or on any items for which a manufacturer or Supplier gives a warranty for a longer period, and shall not limit Design-Builder’s liability or responsibility imposed by the Contract or Applicable Law with respect to the Work, including to latent defects, gross mistakes, or fraud. Design-Builder agrees to act as a co-guarantor with such manufacturer or Supplier and shall furnish OC SAN all appropriate guarantee or warranty certificates upon completion of the Project and acceptance by OC SAN. No warranty period, whether provided for in this Article or elsewhere, shall in any way limit the liability of Design-Builder, Sureties, or insurers. Nothing in the Contract Documents shall be construed to limit the rights and remedies available to OC SAN at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15. ARTICLE 9 - PROJECT SITE 9.1 Use of Project Site A. Availability of Site. OC SAN shall furnish the Site. OC SAN shall notify Design-Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Design-Builder must comply in performing the Work. Design-Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment at no additional cost to OC SAN. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 74 of 111 B. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of-entry for the Project will be provided as shown in the Contract Documents. Unless otherwise specified in the Contract Documents, Design-Builder shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. Design-Builder shall indemnify, defend, and hold OC SAN harmless from all claims for damages caused by such actions. Design- Builder shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design-Builder shall not use the Site for anything not directly related to constructing the Work, including, but not limited to, housing employees and other non-Work activities. Design-Builder shall assume full responsibility for any damage to any such land or area, or to OC SAN or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. C. Utility Usage. All temporary utilities, including, but not limited to, electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Design-Builder. Design-Builder shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Project, Design-Builder shall remove all temporary distribution systems. Design-Builder shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project, including, but not limited to, startup and testing required in the Contract Documents. All permanent meters installed shall be listed in Design- Builder’s name until the Project is accepted. For Work to be performed in existing OC SAN facilities, Design-Builder may use OC SAN’s existing utilities, provided such use is reasonable under the circumstances. If Design-Builder uses OC SAN utilities, it will not need to compensate OC SAN for reasonably consumption of utilities, but Design- Builder will be responsible for any excessive, unreasonable, or wasteful utility usage. D. Site Maintenance. During the progress of the Work, Design-Builder shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris, including, without limitation, before the end of each shift. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. Design- Builder shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal. E. Cleaning. Prior to completion of the Project, Design-Builder shall clean the Site and make it ready for utilization by OC SAN. At the completion of the Project, Design- Builder shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. F. Parking. Design-Builder shall be responsible for the parking of any and all vehicles belonging to its employees or employees of its Subcontractors in a legal manner at no additional expense or inconvenience to OC SAN. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 75 of 111 9.2 Conditions at Project Site A. Reports and Drawings. OC SAN has provided to Design-Builder those reports known to OC SAN of explorations and tests of subsurface conditions at or contiguous to the Site; and those drawings known to OC SAN of physical conditions relating to existing surface or subsurface structures at the Site, including, among other things, Underground Facilities. B. Verification of Reports and Drawings. As part of Phase 1, Design-Builder shall independently verify and confirm the accuracy, completeness, and sufficiency of any documents furnished by OC SAN, and shall promptly report in writing to OC SAN any error, omission, or insufficiency in such documents that Design-Builder discovers. C. Unverified Reports and Drawings. For “technical data” in reports and drawings provided to Design-Builder, but not verified during Phase 1, Design-Builder may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. D. Reports and Drawings. Design-Builder shall make its own interpretation of the “technical data” in the reports and drawings and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Design-Builder may not rely upon or make any claim against OC SAN, OC SAN’s Representative, or Designer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. The completeness of such reports and drawings for Design-Builder’s purposes, including, without limitation, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Design-Builder, and safety precautions and programs incident thereto; 2. Other data, interpretations, opinions, conclusions, and information contained in such reports or shown or indicated in such drawings; or 3. Any Design-Builder interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 9.3 Trenches A. Trenches Five Feet or More in Depth. Design-Builder shall submit to OC SAN prior to Construction Work, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five (5) feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. Design- Builder shall designate, in writing, the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Site each day that PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 76 of 111 trenching and excavation is in progress. The “competent person” shall prepare and provide daily trenching and excavation inspection reports to OC SAN’s Representative. Design-Builder shall also submit a copy of its annual Cal/OSHA trench and excavation permit. 9.4 Differing Site Conditions A. Phase 1 Services. Design-Builder shall, during Phase 1, take all measures necessary to determine the conditions of the Site. Design-Builder shall be responsible for any Site conditions that are not as Design-Builder reasonably anticipated after performing Phase 1 Services, and such conditions shall not be considered to materially differ. B. Discovery of Differing Site Conditions 1. If Design-Builder encounters a Differing Site Condition, Design-Builder shall within three (3) Days, and before the Differing Site Condition is further disturbed, notify OC SAN in writing of the Differing Site Condition. 2. The written notice from Design-Builder shall describe the specific Differing Site Condition encountered and demonstrate that a Differing Site Condition exists, why Design-Builder could not reasonably have worked around the Differing Site Condition, and how the Differing Site Condition adversely impacted the GMP or Contract Time. 3. OC SAN shall promptly investigate the conditions and, if it finds that there is a Differing Site Condition that causes an increase in the GMP or Contract Time, shall issue a Change Order under the procedures described in these General Conditions. 4. In the event that a dispute arises between OC SAN and Design-Builder as to whether there is a Differing Site Condition or whether it causes an increase in the GMP or Contract Time, Design-Builder shall not be excused from the GMP or Contract Time, but shall proceed with all Work to be performed under the Contract. Design-Builder shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties. ARTICLE 10 - CONTRACT TIME; SCHEDULE 10.1 Time for Completion A. Completing Work. Design-Builder shall complete all or any designated portion of the Work called for under the Contract in all parts and requirements within the Contract Time. If, at any time, Design-Builder’s Critical Path Work progress falls behind schedule, OC SAN reserves the right to require Design-Builder to work overtime to bring the Project back on schedule. Such overtime shall be at the Design-Builder’s expense. Design-Builder shall furnish OC SAN’s Representative a monthly statement showing the following: 1. Number of days originally specified for completion; PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 77 of 111 2. Number of days charged to date; 3. Number of days of time extensions approved; 4. Number of days remaining to completion; and 5. Revised date for completion. B. Time for Completion. The Contract Time shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and, in both cases, shall be completed within the Contract Time. OC SAN is under no obligation to consider early completion of the Work and Contract Time shall not be amended by OC SAN’s receipt or acceptance of Design-Builder’s proposed earlier completion date. Any difference in time between Design-Builder’s early completion and the Contract Time shall be considered a part of the Project float. Design-Builder shall not be entitled to compensation, and OC SAN will not compensate Design-Builder, for delays which impact early completion. Design-Builder shall not, under any circumstances, receive additional compensation from OC SAN (including, but not limited to, direct, indirect, general, administrative, or other forms of overhead costs) for the period between the time of earlier completion proposed by Design-Builder and the Contract Time. C. Failure to Perform. Failure of Design-Builder to perform any covenant or condition contained in the Contract Documents within the Contract Time shall constitute a material breach of the Contract entitling OC SAN to terminate Design-Builder’s performance under the Contract unless Design-Builder applies for, and receives, an extension of Contract Time in accordance with the procedures set forth in the Contract Documents, as well as any and all other remedies available to OC SAN by law, in equity, or pursuant to the provisions of the Contract. D. No Waiver. Failure of OC SAN to insist upon the performance of any covenant or condition within the Contract Time shall not constitute a waiver of Design-Builder’s duty to complete performance within the Contract Time unless the waiver is in writing. OC SAN’s agreement to waive a specific time provision or to extend the Contract Time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of Design-Builder to complete performance promptly within the additional Contract Time authorized in the waiver or extension of time Change Order shall constitute a material breach of the Contract entitling OC SAN to terminate Design-Builder’s performance under the Contract and to any and all other legal or equitable remedies. 10.2 Extension of Time For Delay A. Procedure for Extension of Contract Time and Delay Damages. Design-Builder shall not be entitled to any extension of Contract Time or adjustment to the GMP for delay damages unless Design-Builder properly notices the delay and requests a Change Order in accordance with the Change Order provisions in these General Conditions. Design-Builder’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Design-Builder’s right to an PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 78 of 111 extension of Contract Time or adjustment to the GMP for delay damages. B. Extension of Time 1. OC SAN-Caused Extension of Time. Design-Builder’s entitlement to an extension of Contract Time for an OC SAN-caused delay shall only be allowed when, and then only to the extent that, the OC SAN-caused delay extends the Critical Path beyond the Contract Time. The delay to the Critical Path must be established by a proper time impact analysis. Each time impact analysis shall include a fragnet demonstrating how Design-Builder proposes to incorporate the change or delay into the current CPM Schedule. The fragnet shall include the sequence of new and/or existing activity revisions that are proposed to be added to the accepted CPM Schedule that is current at the time the change or delay is encountered. OC SAN shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Design-Builder shall not be entitled to an adjustment of Contract Time for delays within the control of Design-Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design-Builder. If approved, the increase in time required to complete the Work shall be added to the Contract Time. 2. Concurrent Delay. In the event of Concurrent Delay, the Contract Time may be extended, as determined by OC SAN, however, such delay is non-compensable and the GMP shall not be adjusted. 3. Inclement Weather. Design-Builder shall abide by OC SAN’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the Critical Path of the applicable CPM Schedule. 4. Utility-Related Delays. If a delay to the Critical Path results from acts of public utilities or delays caused by failure of a public agency or owner of a utility to provide for removal or relocation of existing main or trunkline utility facilities or other known utility facilities, Design-Builder will be entitled to a time extension, but will not receive an adjustment to the GMP or any other compensation. 5. Force Majeure. If a delay to the Critical Path results from a Force Majeure Event, Design-Builder will be entitled to a time extension, but will not receive an adjustment to the GMP or any other compensation. Such a non-compensable adjustment shall be Design-Builder’s sole and exclusive remedy for a Force Majeure Event. C. No Damages for Reasonable Delay 1. OC SAN’s liability to Design-Builder for delays for which OC SAN is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall OC SAN be liable for any costs which are borne by Design-Builder in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 79 of 111 2. Damages caused by unreasonable OC SAN delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. This includes the following allowable costs: a. Those actual necessary costs of idle time of construction equipment, idle time of workers, moving of construction equipment, and hauling of materials and equipment which are incurred solely by reason of the delay and which could not have been avoided by the judicious handling of forces and construction equipment; b. General Conditions Cost that are incurred solely by reason of the delay and extension of the Critical Path; and c. Design-Builder’s Fee, on the costs allowed above. 10.3 Liquidated Damages A. Liquidated Damages. Time is of the essence. If the Work is not completed within the Contract Time, it is understood that OC SAN will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Design-Builder shall pay to OC SAN as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract or the GMP Amendment for each calendar day of delay until the Work is fully completed. Design-Builder and its Surety shall be liable for any liquidated damages. Any money due or to become due Design-Builder may be retained to cover liquidated damages. B. Final Completion Date. Design-Builder agrees that it shall be liable to OC SAN for liquidated damages in an amount determined in the Contract or the GMP Amendment for each and every calendar day beyond the Final Completion Date that Final Completion has not been achieved for the Project. C. Milestone Date. Design-Builder agrees that it shall be liable to OC SAN for liquidated damages in an amount determined in the Contract or the GMP Amendment for each and every calendar day beyond a Milestone Date where Final Completion has not been achieved. 10.4 Schedules A. General Requirements. Except as otherwise specifically stated in the Contract Documents, this Article will apply to a CPM Schedule for the Work. The CPM Schedule shall be prepared in an electronic scheduling program acceptable to OC SAN and as specified in the Contract Documents. Design-Builder shall deliver the CPM Schedule and all updates to OC SAN in both paper and electronic form. The electronic versions shall be in the format, and include all data used, to prepare the CPM Schedule. B. Schedule. The receipt or approval of any CPM Schedule by OC SAN shall not in any way relieve Design-Builder of its obligations under the Contract Documents. Design-Builder is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 80 of 111 Project. Design-Builder’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the CPM Schedule shall not excuse Design-Builder from performing Work required within the specified Contract Time. If the required CPM Schedule is not received by the time the first payment under the Contract is due, Design-Builder shall not be paid until the CPM Schedule is received, reviewed, and accepted by OC SAN. C. Schedule Contents. The CPM Schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The CPM Schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up, and performance tests. All float shall be owned by the Project. CPM Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by OC SAN. D. Schedule Updates. Design-Builder shall continuously update its CPM Schedule. Design-Builder shall submit an updated and accurate CPM Schedule to OC SAN: (1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by OC SAN. OC SAN may withhold progress payments or other amounts due under the Contract Documents if Design-Builder fails to submit an updated and accurate CPM Schedule. Upon OC SAN’s request, Design-Builder shall submit any schedules or updates to OC SAN in the native electronic format of the software used to create the CPM Schedule. E. Three-Week Look-Ahead Schedules. Design-Builder shall submit a three-week detailed look-ahead schedule at weekly meetings conducted with OC SAN. The three-week look-ahead schedule shall clearly identify all staffing and other resources which in Design-Builder’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work. F. Acceptance. Acceptance of the CPM Schedule by OC SAN will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Design-Builder from Design-Builder’s full responsibility therefor. ARTICLE 11 - CHANGE IN CONTRACT PRICE, TIME 11.1 Phase 1 Changes A. Additional Phase 1 Services. OC SAN may direct Design-Builder to perform additional Phase 1 Services that OC SAN determines to be necessary for the proper completion of Phase 1, which the Parties did not reasonably anticipate would be necessary at execution of the Contract. Additional Phase 1 Services will be compensated at the rates set forth in Design-Builder’s RFP Pricing, subject to adjustment as allowed by the Contract Documents. Design-Builder shall not be entitled to a mark-up on the rates PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 81 of 111 set forth in Design-Builder’s RFP Pricing for additional Phase 1 Services. If rates (i.e., hourly or unit rates) for additional Phase 1 Services are not identified in Design- Builder’s RFP Pricing, OC SAN will pay for additional Phase 1 Services at a mutually agreeable rate between the Parties based on current market rates. B. Excusable Delay. Design-Builder may request additional time to complete a task or submittal milestone only in the event of an excusable delay. For purposes of this Article, an excusable delay is a delay only to the completion of a Phase 1 Service and caused by the following: (i) the actions of OC SAN or its employees; (ii) the actions of those in direct contractual relationship with OC SAN, except for Design-Builder; (iii) the actions of any Governmental Body having jurisdiction over the Project acting in their role as an authority having jurisdiction that Design-Builder had no control over; (iv) the actions of any parties not within the reasonable control of Design-Builder; or (v) a Force Majeure Event. Design-Builder shall not be entitled to any damages or costs resulting from an excusable delay. C. Change Order Procedures 1. An increase to the Phase 1 Fee and/or extensions of time for the performance of Phase 1 Services must be approved through a Change Order. If Design-Builder thinks it is entitled to a Change Order, Design-Builder must request a Change Order within five (5) Days of a directive from OC SAN to perform additional Phase 1 Services or of the event otherwise giving rise to the change. 2. To increase the Phase 1 Fee, Design-Builder's request for a Change Order shall include documentation supporting the need for the request and a cost proposal for the additional Phase 1 that shows the applicable rates and provides a fair estimate of the amount of work needed to complete the additional Phase 1 Services. OC SAN may request that Design-Builder propose other options or efficiencies, including de-scoping a portion of the additional Phase 1 Services. 3. To receive an extension of time for the performance of Phase 1 Services, Design- Builder's request shall include documentation supporting the need for the request, and a time impact analysis showing the impact of the extension on completion of the Phase 1 Services, as well as the impact on potential Work and on the Work as a whole. The time impact analysis shall include options to mitigate the impact to the Critical Path of the Phase 1 Services, including the commencement of Phase 2. The request shall be limited to only the amount of time that is reasonably necessary for Design-Builder to complete the additional Phase 1 Services. An extension of time shall be a last resort, and shall only be granted if, and to the extent that, Design-Builder cannot reasonably complete the Phase 1 Services on time, including by expediting the Phase 1 Services, at no additional cost to OC SAN. 4. If additional Phase 1 Services also result in an excusable delay, Design-Builder shall request an increase to the Phase 1 Fee and an extension of time concurrently. D. Exclusions from Additional Phase 1 Services. Additional Phase 1 Services shall not include work or services necessary because of negligent errors, omissions, or conflicts of any type in Design-Builder’s performance of Phase 1 Services. This includes, but is not limited to, any redesign or revisions to Plans, Specifications, or other documents PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 82 of 111 required to complete the original scope of Work that are: (i) an ordinary part of the design development and review process, including constructability and value engineering review, or (ii) necessary in order to bring such documents into compliance with Applicable Law of which Design-Builder was aware or should have been aware. All such work or services shall constitute Phase 1 Services and shall be performed at no cost to OC SAN. E. Reduction of Phase 1 Services. OC SAN shall have the right to reduce the scope of Phase 1 Services at any time by written notice to Design-Builder. Changes to Phase 1 Services that reduce the scope of Phase 1 Services shall be effective upon the delivery of the written notice by OC SAN pursuant to this Article. Any reduction in the scope of Phase 1 Services shall result in an appropriate reduction in the Phase 1 Fee, which shall be reflected in a Change Order. 11.2 Phase 2 Changes A. Change Orders Generally 1. All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. OC SAN, without invalidating the Contract, may order changes in the Work consisting of additions, deletions, or other revisions, and Design-Builder’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Design- Builder shall not be entitled to a claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the Parties to reach agreement on the terms of the Change Order shall relieve Design-Builder from the obligation to proceed with performance of the Work, including Extra Work, promptly and expeditiously. Any alterations, extensions of time, Extra Work, or any other changes may be made without securing consent of Design-Builder’s Surety or Sureties. 2. Design-Builder agrees that one of the purposes of progressive design-build services is to minimize the risk for Change Orders and Change Orders shall be strictly limited. Requests for Change shall be kept to a minimum. This Article shall continue to apply regardless of whether the Parties continue to utilize a GMP for Construction Work or agree to convert the GMP to a Lump Sum Price. 3. Subject to OC SAN approval, the GMP shall not be modified except in the event of the following circumstances: (a) OC SAN directs and authorizes a change which is related solely to discretionary changes by OC SAN (the foregoing excludes changes resulting from the acts, omissions, or other conduct of Design-Builder); (b) Differing Site Conditions; (c) changes directed by a Governmental Body with jurisdiction over the Project, or portions thereof, which could not be reasonably foreseen or anticipated by Design-Builder at the execution of the GMP Amendment; (d) changes necessitated by amendment(s) to or enactment(s) of Applicable Laws which could not be reasonably anticipated or foreseen by Design- PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 83 of 111 Builder at the execution of the GMP Amendment; (e) changes resulting from emergencies not caused, in whole or in part, by the acts, omissions, or other conduct of Design-Builder or its Subcontractors, employees, agents, or representatives; or (f) where expressly allowed by the Contract Documents. 4. Design-Builder has no right to a Change Order for a time extension, extra work, or other costs of any kind whatsoever (including, without limitation, direct and indirect costs, delay and disruption damages, overhead, profit, or mark-up) resulting from issues related to, among other things, the following: (a) costs that result from Phase 1 Services or that Design-Builder otherwise should have foreseen prior to proposing and agreeing to the GMP; (b) design defects or ambiguities; (c) Site conditions that Design-Builder could have foreseen or discovered prior to Construction Work; (d) constructability issues, including, but not limited to, construction feasibility, schedule, or cost; or (e) where Design-Builder failed to recommend alternative solutions as part of its Phase 1 Services or Constructability Review. 5. Design-Builder shall not be entitled to an increase to the GMP if it contains any contingency or allowances for the costs, which must be utilized and exhausted prior to requesting a Change Order. Design-Builder may only increase the GMP through a duly requested and approved Change Order. B. Contract Change Order Procedures 1. OC SAN Written Directive. OC SAN may direct changes in the Work by delivering a written directive. To the extent the written directive results in a change to compensation or time, Design-Builder must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a written directive, Design-Builder’s failure to timely request a Change Order shall constitute a waiver by Design-Builder of any adjustment to compensation or time extension for Work performed under the directive. OC SAN shall not be liable to Design-Builder for Work performed or omitted by Design-Builder in reliance on verbal orders. OC SAN shall have the right to order changes in the Work by a unilateral Change Order setting forth OC SAN’s determination of the reasonable additions or savings in the GMP or Contract Time. 2. Design-Builder’s Notice of Change or Delay a. If Design-Builder intends to initiate a Request for Change, Design-Builder shall provide OC SAN with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times: (i) If due to Differing Site Conditions, within three (3) Days from the discovery date or prior to the alterations of the conditions, whichever is earlier. (ii) If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) Days from the date Design-Builder discovers that the Force Majeure Event gives rise to a change, unless the conditions are such that notice within three (3) Days is PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 84 of 111 not possible or practicable. (iii) If due to any other matter that may involve an adjustment to the GMP or Contract Time, within seven (7) Days from the earlier of the discovery date of the matter or when the matter should have been discovered. b. To be considered valid and complete, the notice of change or delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs or time. If the circumstances give rise to both a cost adjustment and time extension, Design-Builder shall submit the notice of change and notice of delay concurrently. 3. Request for Change a. Design-Builder shall submit a Request for Change for any adjustment to a GMP or Contract Time. The Request for Change shall be made prior to incurring any expense and within fifteen (15) Days from either Design-Builder’s notice of change or delay or OC SAN’s written directive ordering the change. For any costs or information that cannot be determined at the time Design-Builder submits a Request for Change, Design-Builder shall submit to OC SAN notice of the costs or information and all supporting documentation within fifteen (15) Days of when the costs or other information become subject to determination. b. All Requests for Change shall be dated, numbered sequentially, and shall describe the action or event which Design-Builder believes may require equitable adjustment. Design-Builder shall also provide a description of possible Design-Builder actions or solutions to minimize the cost of the Request for Change; it shall provide a cost and schedule proposal for said Work based upon an estimate of the cost for the anticipated changed Work; and shall submit said price and time impact to OC SAN’s Representative whose approval shall be secured before Extra Work is started. c. The Request for Change shall include all of the following information (unless inapplicable to the change or delay): (i) A detailed description of the circumstances giving rise to the request; (ii) A complete itemized cost proposal, including itemized pricing for Subcontractors; (iii) Supporting documentation for all costs; (iv) If Design-Builder’s pricing is within 10% of OC SAN’s independent cost estimate, Design-Builder will be allowed to proceed with the Work. (v) If Design-Builder’s pricing for the Work is more than 10% higher than OC SAN’s independent cost estimate, the Parties shall meet and confer to compare pricing and attempt to reconcile any differences. If necessary, Design-Builder will submit revised pricing and an updated cost proposal PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 85 of 111 following the meet and confer process. (vi) A time impact analysis showing the impact of the delay to the Critical Path of the Work; (vii) If any costs or information cannot be determined at the time of the Request for Change, a rough order of magnitude of the Change Order costs and the reason the costs or information cannot be determined at the time; and (viii) Certification to the accuracy of the Request for Change under penalty of perjury with the following language: “I certify that (1) the Request for Change is made in good faith, (2) I have reviewed all supporting documentation and data, which is included herewith, and it is accurate and complete, (3) I have determined from my independent review of the Request for Change that the same is meritorious, and that the amount and/or Contract Time requested accurately reflects the Contract adjustment for which I believe OC SAN is liable; and (4) I am duly authorized to certify the Request for Change on behalf of Design- Builder.” d. The time impact analysis shall be in the Critical Path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule. OC SAN may demand, and Design-Builder shall provide, any additional information supporting the Request for Change, including, but not limited to, native electronic format version of schedules and time impact analyses. Design-Builder shall provide the requested additional information within fifteen (15) Days of the request. 4. OC SAN’s Final Decision on Change Order; Ordered Changes. If OC SAN denies the Request for Change or disagrees with the proposal submitted by Design- Builder, it will notify Design-Builder, and OC SAN will provide its opinion of the appropriate price or time extension. If no agreement can be reached, OC SAN shall have the right, in its sole discretion, to order the Work performed, to the extent permitted by law, on a time and materials basis or to issue a unilateral Change Order setting forth OC SAN’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. OC SAN’s determination shall become final and binding if Design-Builder fails to submit a claim in writing in accordance with the General Conditions to OC SAN within fifteen (15) Days of denying the Request for Change, or for the issuance of a unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as OC SAN may reasonably require. 5. Design-Builder’s Waiver of Further Relief a. Design-Builder recognizes and acknowledges that timely submission of a formal written notice of change or delay and Request for Change, whether or not the circumstances of the change may be known to OC SAN or available to PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 86 of 111 OC SAN through other means, is not a mere formality but is of crucial importance to the ability of OC SAN to promptly identify, prioritize, evaluate, and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in submittals, statements at any job meeting or entries on monthly reports, daily logs, or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient. b. DESIGN-BUILDER’S FAILURE TO PROVIDE A COMPLETE AND TIMELY NOTICE OF CHANGE OR DELAY, REQUEST FOR CHANGE, NOTICE DISPUTING A UNILATERAL CHANGE ORDER, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY DESIGN-BUILDER OF THE RIGHT TO A GMP ADJUSTMENT ON ACCOUNT OF SUCH CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS. C. Change Order Format. A Change Order signed by Design-Builder indicates Design- Builder's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect, and overhead) related to the Work authorized by the Change Order. OC SAN may designate the forms and methods to be used for notices, requests, and Change Orders. If so designated, Design-Builder may only use such forms and methods. Design-Builder shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration, and/or actual acceleration beyond what is stated in the Change Order. No claims shall be allowed for impact, extended job site costs, extended overhead costs, constructive acceleration, and/or actual acceleration due to a multiplicity of changes and/or clarifications. Design-Builder may not change or modify OC SAN’s Change Order form in an attempt to reserve additional rights. D. Determining Adjustments to Compensation 1. Pricing Generally. Design-Builder shall not be entitled to any compensation for Construction Work subject to a Change Order except as expressly set forth in this Article. 2. Unit Pricing. For the increasing or decreasing of Construction Work within a GMP that is paid for on a unit price basis, the Extra Work shall be paid for according to the unit price established for such Construction Work and the GMP will be adjusted accordingly. An adjustment in compensation will be made for changes which require increases or decreases in the quantity of any unit price item in such a manner as to materially increase or decrease its unit cost, as determined by OC SAN, or which for any other reason cannot in the judgment of OC SAN be equitably paid for at the unit price. Design-Builder’s Fee shall not be applied to the unit price if the unit price includes such fees. 3. Lump Sum Pricing. Compensation for lump sum Change Orders shall be limited to PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 87 of 111 expenditures necessitated specifically by the Extra Work. A lump sum Change Order shall be determined on an Open Book Basis and by the same method as establishing a GMP. If the Extra Work is performed by a Subcontractor providing Subcontracted Construction Work, the Subcontractor’s pricing for a lump sum Change Order shall be determined on an Open Book Basis and by the same method for determining pricing from Design-Builder when establishing a GMP. Subcontractors will be entitled to a markup for home office overhead and profit on Subcontractor’s Cost of Work in an amount not to exceed 10%. 4. T&M Pricing a. T&M Pricing Generally (i) OC SAN may direct Design-Builder to proceed with Extra Work with payment to be made on the basis of the actual verified Cost of Work in the proper performance of the Extra Work, with Design-Builder’s Fee applied to the Cost of Work. Design-Builder will be entitled to any verified increased costs for insurance and bonds, which will not be subject to Design-Builder’s Fee. (ii) If the Extra Work is performed by Subcontractors, payment will be made on the basis of the actual verified Subcontractor’s Cost of Work in the proper performance of the Extra Work, with Design-Builder’s Fee applied to the Cost of Work. Subcontractors will be entitled to a markup for home office overhead and profit on Subcontractor’s Cost of Work in an amount not to exceed 10%. Design-Builder and Subcontractor will be entitled to any verified increased costs for insurance and bonds, which will not be subject to Design-Builder’s Fee or Subcontractor’s markup for home office overhead and profit. b. T&M Daily Sheets. Design-Builder must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to OC SAN’s for an approval signature each day that Construction Work is performed on a time-and-material basis. OC SAN’s Representative’s signature on time sheets only serves as verification that the Construction Work was performed and is not indicative of OC SAN’s agreement to Design-Builder’s entitlement to the cost. c. T&M Summary Sheet. Design-Builder shall submit a T&M summary sheet, which shall include total actual costs, within five (5) Days following completion of Extra Work on a time-and-material basis. Design-Builder’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Design-Builder’s failure to submit the T&M summary sheet within five (5) Days of completion of the Extra Work will result in Design- Builder’s waiver for any reimbursement of any costs associated with the Extra Work. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 88 of 111 11.3 Procedure for Resolving Claims A. Prerequisites. Design-Builder shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to a GMP or Contract Time, including, but not limited to, all requirements for a Change Order, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Design-Builder’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law. B. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with all Applicable Law, including, but not limited to, these statutes. C. Claims 1. For purposes of this Article, “Claim” means a separate demand by Design-Builder sent by registered mail or certified mail with return receipt requested for: a. An adjustment to the Contract Time including, without limitation, for relief from damages or penalties for delay assessed by OC SAN; b. Payment by OC SAN of money or damages arising from Services done by or on behalf of Design-Builder pursuant to the Contract, payment for which is not otherwise expressly provided or to which Design-Builder is not otherwise entitled; or c. An amount the payment of which is disputed by OC SAN. 2. A “Claim” does not include any demand for payment for which Design-Builder has failed to provide notice, submit a Request for Change, or otherwise failed to follow any procedures contained in the Contract Documents. D. Filing Claims. Claims governed by this Article may not be filed unless and until Design- Builder completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to a GMP or Contract Time, and Design-Builder’s Request for Change has been denied in whole or in part. Claims governed by this Article must be filed no later than twenty (20) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim, or prior to Final Completion, whichever occurs first. The Claim shall be submitted in writing to OC SAN and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include all information and documents necessary to substantiate the Claim, including, but not limited to, those identified below. Nothing PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 89 of 111 in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. E. Documentation. Design-Builder shall submit all Claims in the following format: 1. Summary description of Claim including basis of entitlement, merit, and amount of time or money requested, with specific reference to the Contract Documents provisions pursuant to which the Claim is made. 2. List of documents relating to Claim: a. Specifications b. Plans c. Clarifications (Requests for Information) d. Schedules e. Other 3. Chronology of events and correspondence 4. Narrative analysis of Claim merit 5. Analysis of Claim cost, including calculations and supporting documents 6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of Contract Time is requested F. OC SAN’s Response. Upon receipt of a Claim pursuant to this Article, OC SAN shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide Design-Builder a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after OC SAN issues its written statement. 1. If OC SAN needs approval from the Board of Directors to provide Design-Builder a written statement identifying the disputed portion and the undisputed portion of the Claim, and the Board of Directors does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, OC SAN shall have up to three (3) Days following the next duly publicly noticed meeting of the Board of Directors after the 45-Day period, or extension, expires to provide Design-Builder a written statement identifying the disputed portion and the undisputed portion. 2. Within 30 Days of receipt of a Claim, OC SAN may request, in writing, additional PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 90 of 111 documentation supporting the Claim or relating to defenses or claims OC SAN may have against Design-Builder. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of OC SAN and Design-Builder. Design-Builder shall provide the requested documentation or information within 30 Days of the written request by OC SAN. OC SAN’s written response to the Claim, as further documented, shall be submitted to Design-Builder within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by Design-Builder in producing the additional information or requested documentation, whichever is greater. G. Meet and Confer. If Design-Builder disputes OC SAN’s written response, or OC SAN fails to respond within the time prescribed, Design-Builder may so notify OC SAN, in writing, either within 15 Days of receipt of OC SAN’s response or within 15 Days of OC SAN’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, OC SAN shall schedule a meet and confer conference within 30 Days for settlement of the dispute. H. Mediation 1. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, OC SAN shall provide Design-Builder a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after OC SAN issues its written statement. Any disputed portion of the Claim, as identified by Design-Builder in writing, shall be submitted to nonbinding mediation, with OC SAN and Design-Builder sharing the associated costs equally. OC SAN and Design-Builder shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time. 2. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 3. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article. 4. Unless otherwise agreed to by OC SAN and Design-Builder in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 5. The mediation shall be held no earlier than the date Design-Builder completes the PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 91 of 111 applicable GMP Work Package or the date that Design-Builder last performs Work on the Project, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. I. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, Design-Builder must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time Design-Builder submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. J. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with California Public Contract Code section 9204 and the terms of the Contract. The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the California Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the California Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the California Code of Civil Procedure, (a) arbitrators shall, when possible, be experienced in construction law, and (b) any Party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other Party. K. Government Code Claim Procedures 1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code. 2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, GMP, or compensation or payment for Extra Work, disputed Work, construction claims, PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 92 of 111 and/or changed conditions, Design-Builder must comply with the claim procedures set forth in California Government Code section 900, et seq. prior to filing any lawsuit against OC SAN. 3. Such California Government Code claims and any subsequent lawsuit based upon the California Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or GMP for Extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Design-Builder. If Design-Builder does not comply with the California Government Code claim procedure or the prerequisite contractual requirements, Design-Builder may not file any action against OC SAN. 4. A Government Code claim must be filed no earlier than the date the Work is completed or the date Design-Builder last performs Work on the Project, whichever occurs first. A California Government Code claim shall be inclusive of all unresolved Claims known to Design-Builder or that should have been reasonably known to Design-Builder excepting only new unrelated Claims that arise after the California Government Code claim is submitted. L. Non-Waiver. OC SAN’s failure to respond to a Claim from Design-Builder within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article. M. Litigation. Any claims, disputes, or controversies between the Parties arising out of or related to the Contract, which have not been resolved in accordance with the procedures set forth herein shall be resolved in a court of competent jurisdiction. N. Duty to Continue Performance. Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform Work, pending the final resolution of any dispute or disagreement between Design-Builder and OC SAN. ARTICLE 12 - MEASUREMENT; PAYMENT 12.1 Payment of Compensation for Phase 1 Services. A. Phase 1 Fee. OC SAN shall pay Design-Builder the Phase 1 Fee in the manner and subject to the terms and conditions set forth in the Contract. Design-Builder agrees that the Phase 1 Fee, when earned, shall be Design-Builder’s entire compensation and reimbursement for the performance of Phase 1 Services, inclusive of all costs, expenses, and disbursements paid or incurred by Design-Builder, as well as all overhead, administration, risk, and profit, subject to adjustment in the Contract Documents. B. Invoicing 1. Design-Builder shall submit a Schedule of Values with a detailed breakdown of each task performed as part of Phase 1 subject to review and acceptance of OC SAN. Tasks identified on the Schedule of Values shall correspond with tasks on PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 93 of 111 CPM Project Schedule as submitted by Design-Builder and shall be updated regularly as required by the provisions of the Contract to reflect progress of the Work for Phase 1. 2. Design-Builder shall submit an updated cost loaded CPM Project Schedule including Phase 1 Work (Schedule). Monthly schedule updates and monthly reporting shall be pursuant to provisions of the Contract. 3. Design-Builder shall submit a monthly itemized statement of Phase 1 Services charges and expenses to OC SAN. The itemized statement shall reflect the scope of work and/or tasks completed, by Design-Builder in performing its Phase 1 Services, all in accordance with the Schedule of Values accepted by OC SAN. 4. Design-Builder 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. Design-Builder shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to audit. C. Payment. Payment for the Phase 1 Services shall be made for all undisputed amounts in monthly installment payments after Design-Builder submits an itemized statement to OC SAN for Phase 1 Services actually completed and after OC SAN’s written approval of Phase 1 Services, or the portion of the Phase 1 Services for which payment is to be made. Payment shall not constitute acceptance of any Phase 1 Services completed by Design-Builder. D. Payment Disputes. Nothing contained in the Contract shall require OC SAN to pay for any Phase 1 Services which are not performed in accordance with the terms and conditions of the Contract. If OC SAN disputes in good faith any payment request for Phase 1 Services, OC SAN shall pay all undisputed amounts when due but may withhold payment of the disputed amount, and shall provide Design-Builder with a written objection indicating the amount being disputed and the reasons then known to OC SAN for the dispute. If Design-Builder is unable to reach agreement with OC SAN as to the payment dispute, Design-Builder may elect to initiate dispute resolution ladder procedures in accordance with Article 11.2 of these General Conditions. 12.2 Payment of Compensation for Phase 2 Work A. Payment. Based on applications for payment from Design-Builder in accordance with the requirements of Section 12.2 of these General Conditions, OC SAN will make monthly progress payments for the actual Work completed plus a like percentage of the value of the material suitably stored at the Site or approved storage yards under the control of OC SAN. Design-Builder warrants and guarantees that title to all Work, materials, and equipment covered by any application for payment, whether incorporated in the Project or not, will pass to OC SAN no later than the time of payment free and clear of all Liens. B. Materials on Hand. Only those stored materials that will become an integral part of the final completed Work may be included in monthly progress payments. Cost of materials stored will be based on Supplier’s invoices. A complete list of invoices shall PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 94 of 111 be presented to OC SAN’s Representative by the Design-Builder prior to completion of each estimate. Design-Builder must present to OC SAN’s Representative written evidence substantiating that said purchase price has been paid in full. C. Cash Flow Report. Each month, Design-Builder shall provide a cash flow report listing each actual payment and a projection of estimated payments for each remaining month of the Contract period of performance. The total actual/projected amount will be equal to the total Phase 2 Price. The cash flow report shall be submitted as follows: 1. One paper copy showing the total amount paid and projected by month. 2. One electronic copy (Excel format) breaking down the total monthly paid and projected amounts into the Work categories as shown on the Schedule of Values. D. Waiver and Releases. Each application for payment shall show each Subcontractor and Supplier participating in the Work completed during the previous progress period and the dollar amount of such participation. If Design-Builder disputes a Subcontractor’s or Supplier’s entitlement to a portion of the previous progress payment, Design-Builder shall submit copies of all communications between the Design-Builder and the Subcontractor or Supplier explaining Design-Builder’s determination not to render payment to such Subcontractor or Supplier. Each progress payment application shall be accompanied by: 1. A conditional waiver and release upon progress payment pursuant to Civil Code section 8132 for each Subcontractor and Supplier participating in the Work completed during the previous progress period which shall be in an amount no less than the dollar amount of such participation; and 2. A conditional waiver and release upon progress payment pursuant to Civil Code section 8132 on behalf of Design-Builder which shall be in an amount no less than the dollar amount of the total requested in the payment application. 3. Completed progress payment form, supplied by OC SAN, which includes a payment certification by the Design-Builder certifying that the Work for which payment is requested has been accomplished. Design-Builder shall thereafter, within twenty (20) Days of receipt of the payment from OC SAN, complete an unconditional waiver and release upon progress payment pursuant to Civil Code section 8134 for each Subcontractor and Supplier participating in the Work completed during the previous progress period and an unconditional waiver and release upon progress payment pursuant to Civil Code section 8134 on behalf of Design-Builder in an amount no less than the amount received from OC SAN, and submit the same with Design-Builder’s subsequent application for payment. E. Certified Payroll. Design-Builder shall file a certified copy of any requested payroll records with the entity that requested such records within ten (10) Days of the date a written request for certified payroll records has been received. The following are guidelines that have been prepared to assist Design-Builder and OC SAN in meeting the requirements for certified payrolls records. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 95 of 111 1. Design-Builder and each Subcontractor are to make available to OC SAN, upon request, weekly certified payrolls on California Department of Industrial Relations Form A-1-131 (New 2-80) or shall contain the same information as Form A-1-131 (New 2-80). If requested by OC SAN, the certified payrolls must be submitted electronically on a compact disk (CD). 2. Each certified payroll shall include a signed and completed “Statement of Compliance”. 3. If it is found that certified payrolls are not in compliance with 1. and 2. above, the processing of progress payments may be delayed. F. Security for Money Withheld. Pursuant to Section 22300 of the California Public Contract Code, Design-Builder may request OC SAN to make retention payments directly to an escrow agent or may substitute securities for any money withheld by OC SAN to ensure performance under the Contract. At the request and expense of Design- Builder, securities equivalent to the amount withheld shall be deposited with OC SAN or with a state or federally chartered bank as the escrow agent who shall return such securities to Design-Builder upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in Section 22300 of the California Public Contract Code. 12.3 Application for Payment of Compensation for Phase 2 Work A. Cost Breakdown 1. Design-Builder shall furnish on forms approved by OC SAN within ten (10) Days of the Notice to Proceed for Phase 2, a Schedule of Values allocating the entire GMP to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as OC SAN’s Representative may require. This Schedule of Values, unless objected to by OC SAN’s Representative, shall be used as a basis for reviewing Design-Builder’s applications for payment. Design-Builder shall submit the Schedule of Values prior to submitting its first application for payment, and OC SAN will not issue any payment until it receives and approves the Schedule of Values. The initial Schedule of Values shall be the one submitted and agreed to as part of the GMP Amendment, subject to revisions when required by OC SAN. 2. The cost breakdown shall consist of breaking the Work into each major structure or process system with an itemized breakdown for each structure or process system as follows: dewatering, excavation, foundation material, backfill, concrete, reinforcing steel, underground piping, process equipment, mechanical equipment, piping and valves, electrical, instrumentation, miscellaneous building items and metals, and painting or other finishes. Cost breakdown is subject to OC SAN’s Representative’s review. Quantities must be included for each item. 3. If Design-Builder fails or refuses to comply with the requirements set forth in this section, Design-Builder shall not be deemed to have provided the required data and shall not be entitled to progress payments unless and until it has provided the PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 96 of 111 required information and data set forth herein. B. Application for Payment Submittal. OC SAN will not accept payment applications from Design-Builder more frequently than once every four weeks. Design-Builder shall submit payment applications to OC SAN using OC SAN’s applicable Project Control Management System. The payment application shall include such supporting data as OC SAN may request, which shall set forth in detail the value of the Work done for the period for which the payment request is prepared. Design-Builder shall include any amount earned for authorized Change Orders. Design-Builder shall certify, under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Construction Work performed pursuant to the Contract Documents. C. Application for Payment Contents. Design-Builder shall submit with each application for payment: 1. Clear reference to OC SAN’s Project or Contract number, as well as OC SAN’s Project title and project manager, to which the payment application applies; 2. Design-Builder’s payment application number, payment application date, as well as the Contract payment number the invoice represents; for example, Design- Builder’s submittal of its first payment application is payment number 1, its second payment application submittal is payment number 2, and so on. Any Design- Builder re-submittal/revision to a submitted payment application shall have a letter suffix (a, b, c, etc.) added to the payment number, signifying the payment application revision; for example, Design-Builder’s first re-submittal of its first payment application shall be designated as payment for number “1a”; 3. An invoice that includes, without limitation, the total GMP, total of additive and deductive Change Orders, total retention, and total Phase 2 Price; 4. Clear reference to the payment schedule item(s) being invoiced and the appropriate milestone description of activities and/or Work related to the billing; 5. The itemized and total amount being invoiced (in U.S. dollars), less the amount of all contractual retention and deductions applicable for the invoiced amount (in U.S. dollars), and the resulting total net payment due; 6. The time period during which the Work was performed and for which the payment application is submitted; 7. An updated Schedule of Values; 8. Clear reference to Design-Builder’s Taxpayer ID Number; 9. An updated Phase 2 CPM Schedule for the Work; and 10. Conditional and unconditional release of liens from Design-Builder, Subcontractors, and Suppliers. D. Wire Transfer. Design-Builder shall set-up a secured wire transfer account with OC SAN in advance of any payment applications in excess of One Million Dollars PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 97 of 111 ($1,000,000). Payment applications in excess of this amount will not be processed for payment by OC SAN until a secured wire transfer account is set-up, verified, and approved by OC SAN. E. Schedule of Values. Each application for payment shall be based on the most recent Schedule of Values submitted by Design-Builder in accordance with the Contract Documents. The Schedule of Values shall allocate the entire GMP among the various portions of the Work. The Schedule of Values shall be prepared in such form and supported by such data to substantiate its accuracy as OC SAN may require. This schedule, unless objected to by OC SAN, shall be used as a basis for reviewing Design-Builder's applications for payment. Applications for payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the application for payment. The percentage of completion shall be the percentage of that portion of the Work which Design-Builder has actually completed. F. Open Book Basis. Design-Builder acknowledges that the GMP is to be administered on an Open Book Basis relative to the costs of the Construction Work. The payment request shall be supported by such data substantiating Design-Builder’s right to payment as OC SAN may require, including, but not limited to, payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, Subcontractor payment requests submitted to Design-Builder, documentation supporting the Subcontractor’s payment requests, and any other evidence or documentation required by OC SAN. G. Review of Payment Request. Upon receipt, OC SAN’s Representative shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Design-Builder as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. OC SAN will make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Design- Builder, provided that a release of liens and claims has been received from Design- Builder pursuant to Civil Code section 8132. OC SAN shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. H. Retention. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where OC SAN has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Special Conditions. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of Design-Builder’s payment request. I. Withholdings. OC SAN may withhold a sufficient amount or amounts of any payment or payments otherwise due to Design-Builder, as in its judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Design- Builder or any Subcontractors for labor or materials furnished in and about the performance of Work on the Project under the Contract. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 98 of 111 2. Defective Work not remedied. 3. Failure of Design-Builder to make proper payments to Subcontractors, Suppliers, or for labor. 4. Completion of the Work if there is a reasonable doubt that the Work can be completed for balance then unpaid. 5. Damage to another contractor or a third party. 6. Amounts which may be due OC SAN for claims against Design-Builder. 7. Failure of Design-Builder to keep the As-Built Drawings up to date. 8. Failure to provide an updated CPM Schedule as required herein. 9. Site cleanup. 10. Failure to comply with Contract Documents. 11. Liquidated damages. 12. Legally permitted penalties. OC SAN may apply such withheld amount or amounts to payment of such claims or obligations at its discretion except as required by Applicable Law. In so doing, OC SAN shall be deemed the agent of Design-Builder and any payment so made by OC SAN shall be considered as a payment made under contract by OC SAN to Design-Builder and OC SAN shall not be liable to Design-Builder for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. OC SAN will render Design-Builder a proper accounting of such funds disbursed on behalf of Design-Builder. J. Stop Payment Notices. OC SAN will, at its option and at any time, retain out of any amounts due Design-Builder, sums sufficient to cover claims plus twenty-five percent (25%) filed pursuant to Section 9350 et seq. of the Civil Code of the State of California. Design-Builder shall pay to OC SAN, or OC SAN may deduct from any such payments made by OC SAN to the Design-Builder, all costs and expenses, including, but not limited to, administrative and legal expenses incurred by OC SAN in processing and/or defending against stop payment notices. Design-Builder will use OC SAN’s current forms for release of stop payment notices. 12.4 Payments to Subcontractors A. Design-Builder shall develop and implement procedures for submittal of applications for progress payments to Design-Builder by Subcontractors in accordance with these General Conditions and the review, processing, and disbursement of progress payments to Subcontractors, along with associated forms and reporting systems. Design-Builder shall disburse progress payments due each Subcontractor within ten (10) Days of Design-Builder’s receipt of payment from OC SAN, except to the extent PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 99 of 111 that Design-Builder’s payment of such amount or any portion thereof is subject to withholdings for a stop payment notice, prevailing wage rate violations, or other withholdings of payment(s) due Subcontractors under the terms of the subcontracts or by operation of law. Design-Builder shall indemnify OC SAN against any and all claims arising from or related to the failure of Design-Builder to comply with the prompt payment requirements under the Public Contract Code. 12.5 Final Payment A. Design-Builder shall, prior to Final Acceptance, prepare and submit an application for final payment to OC SAN. This should include a detailed Project accounting setting forth all additive Change Orders approved by OC SAN, and, if applicable, all savings generated by Design-Builder during the Project. OC SAN shall, within a reasonable amount of time after receipt, review the Project accounting to determine its accuracy and reconcile any potential savings and approved and unapproved Change Orders to determine the final cost to complete Phase 2. If OC SAN determines that there are savings due to either Party, or if OC SAN determines that the GMP needs to be adjusted upward because of unapproved Change Orders, OC SAN may issue a unilateral additive or deductive Change Order (as applicable). Design-Builder’s compliance with this Article is a material term of the Contract necessary for Final Acceptance of the Project, and Design-Builder acknowledges that OC SAN shall not be obligated to release retention until Design-Builder complies with this Article. B. Unless Design-Builder advises OC SAN, in writing, prior to acceptance of the final five percent (5%) or the percentage specified in the Contract Documents where OC SAN has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to OC SAN of all claims and all liability to Design-Builder for all things done or furnished in connection with the Work and for every act of negligence of OC SAN and for all other claims relating to or arising out of the Work. If Design-Builder advises OC SAN, in writing, prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due Design-Builder, OC SAN may pay the undisputed amount contingent upon Design-Builder furnishing a release of all undisputed claims against OC SAN with the disputed claims in stated amounts being specifically excluded by Design-Builder from the operation of the release. No payments, however, final or otherwise, shall operate to release Design-Builder or its Sureties from the faithful Performance Bond, Payment Bond, or from any other obligation under the Contract. C. In case of termination of the Contract, any unpaid balance shall be and become the sole and absolute property of OC SAN to the extent necessary to repay OC SAN any excess in the cost of the Work above the GMP. D. If Design-Builder fails to complete the Work as specified in the Contract Documents and if the unpaid balance of the Phase 2 Price exceeds the direct and indirect costs of completing the Project, including, but not limited to, all costs generated to insure or bond the Work of substituted contractors or Subcontractors utilized to complete the Work, such excess shall be paid to Design-Builder. If such costs exceed the unpaid balance, Design-Builder shall pay the difference to OC SAN promptly upon demand. On failure of Design-Builder to pay, the Surety shall pay on demand by OC SAN. Any portion of such difference not paid by Design-Builder or Surety within thirty (30) Days following the mailing of a demand for such costs by OC SAN shall earn interest at the PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 100 of 111 maximum rate authorized by California law. E. Final payment of the five percent (5%) retention shall be made no later than 60 Days after the date of Final Acceptance, unless otherwise required by law, provided that a release of liens and claims has been received from Design-Builder pursuant to Civil Code section 8136 and the Contract. In the event of a dispute between OC SAN and Design-Builder, OC SAN may withhold from the final payment an amount not to exceed 150% of the disputed amount. F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Design-Builder, Design-Builder shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Design-Builder is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract. G. The making and acceptance of final payment will constitute a waiver of all claims by Design-Builder against OC SAN other than those previously made in accordance with the requirements herein and expressly acknowledged by OC SAN in writing as still unsettled. Design-Builder further agrees that the payment of the final amount due, under the Contract, and the adjustments and payments for any Work done in accordance with any alterations of the same, shall release OC SAN, the Board of Directors, and OC SAN’s Representative, and each of their directors, officers, employees, and agents, from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. 12.6 Audit Access to Records A. Design-Builder shall maintain all books, records, documents, and other evidence directly pertinent to the performance of the Work under the Contract in accordance with generally accepted accounting principles and practices consistently applied, consistent with those principles set forth in Part 31 of Federal Acquisition Regulation, Contract Cost Principles and Procedures. Design-Builder shall also maintain all financial information and data used by Design-Builder in the preparation or support of any cost submissions required for the Contract, or any Change Order, claim, or other request for equitable adjustment, and a copy of the cost summary or information submitted to OC SAN. OC SAN’s authorized representatives shall have access, upon twenty four (24) hours advanced, written notice at all times during normal business hours, to all such books, records, documents, financial information, and all other evidence for the purpose of inspection, audit, and copying. Design-Builder shall, at no cost to OC SAN, provide proper facilities for such access, inspection, and copying purposes. In the event it is determined, by way of an audit or other means, that Design- Builder has been previously overpaid, OC SAN shall have the right to deduct any such overpayment from the Design-Builder’s next progress payment or the final payment, or the Design-Builder shall within 10 Days after receiving notice from OC SAN of any such overpayment reimburse OC SAN in an amount equal to the overpayment, plus any applicable interest to which OC SAN is entitled. B. Design-Builder shall maintain cost accounting records, cost and pricing data, and any PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 101 of 111 other accounting evidence sufficient to properly reflect all costs of whatever nature pertaining to what Design-Builder has incurred, claims to have incurred, or anticipates it will incur in connection with the Work and any and all GMP Amendments, Change Orders, Requests for Change, or Claims, including, but not limited to, costs of a GMP. C. Design-Builder agrees this Article is applicable to the Contract and all GMP Amendments, Change Orders, claims, or other requests for equitable adjustments affecting the period of performance or price. Design-Builder agrees to include this Article in all of the associated subcontracts and make these items applicable to all Subcontractors, at any Tier, in excess of $10,000. D. Audits conducted under this Article shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency. E. Design-Builder agrees to the disclosure of all information and reports resulting from access to records under this Article, to OC SAN and other affected agencies. Records under this Article shall be maintained and made available during the performance of the Work under the Contract until three (3) years past final payment, and until final settlement of all disputes, claims, or litigation, whichever occurs later. F. This right of access Article applies to all financial records pertaining to the Contract and all Change Orders and GMP Amendments. In addition, this right of access applies to all records pertaining to all contracts, Change Orders, and GMP Amendments: 1. To the extent the records pertain directly to Contract performance; 2. If there is any indication that fraud, gross abuse, or corrupt practices may be involved; or 3. If Design-Builder’s performance under the Contract is terminated for default or convenience. G. Access to records is not limited to the required retention periods. The authorized representatives of OC SAN shall have access to records at any reasonable time for as long as the records are maintained. 12.7 California False Claims Act A. Pursuant to the California False Claims Act (Government Code sections 12650- 12655), if Design-Builder knowingly submits a false claim to OC SAN for compensation under the terms of the Contract, it may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Article shall also be binding on all Subcontractors. B. Design-Builder or Subcontractor shall be deemed to have submitted a false claim when Design-Builder or Subcontractor: (1) knowingly presents or causes to be presented to an officer or employee of OC SAN a false claim or request for payment or approval; (2) 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; (3) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; (4) knowingly makes, PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 102 of 111 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. ARTICLE 13 -TERMINATION; SUSPENSION 13.1 Termination of Phase 1 Services A. Termination Without Cause 1. OC SAN may, at any time, with or without reason, terminate the Contract during Phase 1 and compensate Design-Builder only for the Phase 1 Services satisfactorily rendered, even if not completed, to the date of termination. Written notice by OC SAN shall be sufficient to stop further performance of Phase 1 Services by Design-Builder. Notice shall be deemed given when received by Design-Builder or no later than ten (10) Days after the day the notice was mailed or provided by electronic telecommunication, whichever is sooner. Design-Builder cannot terminate the Contract without cause. 2. All deliverables, including, without limitation, Construction Documents, Early Purchase Items, Work Product, drawings, documents, engineering, budget costs, preliminary design, schedule, and data developed by Design-Builder or Subcontractors during the Phase 1 shall become the exclusive property of OC SAN and shall be provided to OC SAN within ten (10) Days of OC SAN’s notice of termination to Design-Builder. B. Termination for Cause by OC SAN 1. OC SAN may terminate the Contract during the Phase 1 upon giving of written notice of intention to terminate for cause. Cause shall include, without limitation, the following: a. Material violation of the Contract by Design-Builder; b. Any act by Design-Builder exposing OC SAN to liability to others for personal injury or property damage; or c. Design-Builder is adjudged to be bankrupt, Design-Builder makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Design-Builder’s insolvency. 2. Written notice by OC SAN shall contain the reasons for such intention to terminate and unless within ten (10) Days after that notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, the Contract shall upon the expiration of the ten (10) Days cease and terminate. In the event of this termination, OC SAN may secure Phase 1 Services from another contractor. If the expense, fees, and/or costs to OC SAN exceeds the cost of providing Phase 1 Services pursuant to the Contract, Design-Builder shall immediately pay the excess expense, fees, and/or costs to OC SAN upon the PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 103 of 111 receipt of OC SAN’s notice of these expense, fees, and/or costs. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to OC SAN. 13.2 Suspension of Phase 1 Services by OC SAN A. OC SAN may, for any reason through a written notice to Design-Builder, order Design- Builder to suspend performance of Phase 1 Services. Prior to any resumption of Phase 1 Services, at OC SAN’s direction, Design-Builder shall notify OC SAN of any additional costs Design-Builder believes it is entitled to within thirty (30) Days of its receipt of the request to resume suspended Phase 1 Services, or such claim shall conclusively be deemed to have been waived. OC SAN shall not be liable for any additional costs, damages, or anticipated profits incurred by Design-Builder or its Subcontractors and the Phase 1 Fee shall not be increased during the period of suspension, except the actual costs incurred by Design-Builder for reasonable and unavoidable costs of suspending Phase 1 Services. If Design-Builder establishes that the suspension of Phase 1 Services had a material and adverse effect on Design- Builder’s costs for the performance of Phase 1 Services, Design-Builder shall be entitled to cost relief, as appropriate and determined by OC SAN acting reasonably and subject to Design-Builder’s duty to mitigate damages. 13.3 Suspension of Phase 2 Work by OC SAN A. OC SAN, in its sole and absolute discretion, may, at any time, with or without cause, suspend performance of all or any part of the Work by giving not less than five (5) Days written notice to Design-Builder unless the circumstances dictate a shorter timeframe such as in an emergency or unsuitable weather. Such notice of suspension of Work will designate the amount and type of labor, material, and equipment to be committed to the Project during the period of suspension. Design-Builder shall use its best efforts to utilize its labor, material, and equipment in such a manner as to minimize costs and/or Project schedule impacts associated with suspension. B. Upon receipt of any such notice, Design-Builder shall, unless the notice requires otherwise: (1) immediately discontinue Work on the date and to the extent specified in the notice; (2) place no further orders or subcontracts for material, services, equipment, or facilities with respect to suspended Work other than to the extent required in the notice; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to OC SAN of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and (4) continue to protect and maintain the Project including those portions on which Work has been suspended. C. OC SAN shall not be liable for any additional costs, damages, or anticipated profits incurred by Design-Builder or its Subcontractors and the GMP shall not be increased during the period of suspension, except the actual costs incurred by Design-Builder, for (1) the purpose of safeguarding the Project and material and equipment in transit or at the Site during the period of suspension, (2) Design-Builder’s or its Subcontractor’s rented equipment which must be maintained at the Site and to the extent costs cannot be mitigated by Design-Builder, or (3) other reasonable and unavoidable costs of shutting down the Project, or restarting the suspended Work. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 104 of 111 Design-Builder shall be granted an extension of the Contract Time equal to the number of days performance of Work are suspended; provided, however, that no actual costs or extension of Contract Time shall be granted if the suspension results from Design- Builder's non-compliance with the requirements of the Contract. D. The suspended Work shall be resumed when ordered in writing by OC SAN. 13.4 Termination of Phase 2 Work for Cause by OC SAN A. If Design-Builder refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if Design-Builder should be adjudged as bankrupt, or is otherwise deemed insolvent by OC SAN based on good cause and is unable to proceed with the Work, or if Design-Builder should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if Design-Builder files a petition to take advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if Design-Builder should persistently or repeatedly refuse or fail, except in cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if Design-Builder should fail to make prompt payment to Subcontractors for material or labor, or if Design-Builder should persistently disregard laws, or instructions given by OC SAN, or if Design-Builder otherwise substantially fails to fulfill its obligations under the Contract Documents, OC SAN may, without prejudice to any other right or remedy, serve written notice upon Design-Builder and Sureties of OC SAN’s intention to terminate Design-Builder’s performance under the Contract. Said notice shall contain the reasons for such intention to terminate Design-Builder’s performance under the Contract, and, unless, within ten (10) Days after the service of such notice, such violations cease and/or satisfactory arrangements for the corrections thereof have been made, OC SAN may terminate Design-Builder’s performance under the Contract and Design-Builder shall not be entitled to receive any further payment until the Work is finished. B. In the event of any such termination, OC SAN shall serve written notice thereof upon the Surety and Design-Builder, and the Surety shall have the right to take over and perform the Contract. However, if the Surety, within five (5) Days after the service of a notice of termination, does not give OC SAN written notice of its intention to take over and perform the Contract, and if it serves such notice of its intent to take over and perform the Contract and does not begin performance thereof within fifteen (15) Days from the date of serving said notice, OC SAN may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Design-Builder, and the Sureties and/or Design- Builder shall be liable to OC SAN for any excess cost or other damage incurred by OC SAN thereby. In such an event, OC SAN may, without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies, and other property belonging to Design-Builder and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on the Site and be PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 105 of 111 necessary to complete the Work. For any portion of such Work that OC SAN elects to complete by furnishing its own employees, materials, tools, and equipment, OC SAN shall be compensated in accordance with the schedule of compensation for force account work as stated in the General Conditions. C. If the Surety assumes Design-Builder’s terminated Work, it shall take Design-Builder’s place in all respects for that part and shall be paid by OC SAN for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire Contract, all money due Design-Builder at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. D. Design-Builder hereby consents to assigning to OC SAN and/or OC SAN’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Design-Builder agrees to obtain, by way of a subcontract provision, the consent of each and every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Project. E. In the event of such termination, Design-Builder will be paid the actual amount due based on the quantity of Work completed at the time of termination, less damages caused to OC SAN by acts of Design-Builder causing the termination, including, but not limited to, cost to complete the Work, all costs to OC SAN arising from professional services and attorneys' fees, reasonable overhead, profit, and all costs generated to insure or bond the Work of substituted contractors or subcontractors utilized to complete the Work, such excess shall be paid to the Design-Builder. If such costs exceed the unpaid balance, Design-Builder shall pay the difference to OC SAN promptly upon demand. On failure of Design-Builder to pay, the Surety shall pay on demand by OC SAN. Any portion of such difference not paid by Design-Builder or Surety within thirty (30) Days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law. This payment obligation shall survive completion of the Project and termination or expiration of the Contract. F. Design-Builder and OC SAN agree that nothing in this Article is intended to be or is a prevailing party clause as it pertains to attorney’s fees. G. The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC SAN. H. If it is later determined by OC SAN that Design-Builder had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of Design-Builder, OC SAN, after setting up a new performance schedule, may allow Design-Builder to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the Parties shall be the same as if the termination had been issued for the convenience of OC SAN. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 106 of 111 13.5 Termination of Phase 2 Work for Convenience by OC SAN A. OC SAN may terminate Design-Builder’s performance of Work under the Contract, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when OC SAN is prevented from proceeding with the Contract by Act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of OC SAN, or whenever OC SAN is prohibited from completing the Work for any reason. OC SAN shall provide no less than ten (10) Days written notice of its intent to terminate the Contract for convenience, and shall provide Design-Builder with consultation with OC SAN prior to termination. B. Upon receipt of such written notice of termination, Design-Builder shall: 1. Stop Work as specified in the written notice; 2. Terminate all orders and Subcontractors, except as necessary to complete Work which is not terminated; 3. If directed in writing by OC SAN to do so, assign all right, title, and interest in subcontracts and materials in progress, in which case OC SAN will have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such Subcontractors, but in no event shall recovery by any Subcontractor or Design-Builder include lost profits for uncompleted portions of Work; 4. Deliver or otherwise make available to OC SAN all Construction Documents, Plans, Specifications, Work Product, and such other information and material as may have been accumulated by Design-Builder in performing the Contract whether completed or in process; 5. Settle outstanding liabilities and claims with the approval of OC SAN; 6. Complete performance of such part of the Work as has not been terminated; and 7. Take such other actions as may be necessary, or as may be directed by OC SAN, for the protection and preservation of the Project and/or property related to the Contract. C. Upon receipt of OC SAN’s written notice of termination for convenience, and within a period of thirty (30) to sixty (60) Days, as determined by OC SAN’s Representative at the time of termination, Design-Builder shall submit to OC SAN’s Representative a Termination Proposal which shall include, but is not limited to, Design-Builder’s estimated costs to be incurred by Design-Builder as a result of the termination for convenience, and as allowed by the Contract Documents, including all documentation to support such costs; the status of the Work at time of termination; the status of termination of Design-Builder’s Subcontractor(s) and Supplier(s) agreement(s), including the amount of each said agreement, amount paid under each agreement up to the date of termination, and the amount that currently remains due and owing under each agreement for Work completed as of the date of termination, if any; a list, certified PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 107 of 111 as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by OC SAN’s Representative; and any other information and/or documentation as required by OC SAN. D. Upon receipt of OC SAN’s written notice of termination for convenience, Design- Builder shall submit to OC SAN's Representative a request for final payment, pursuant to the requirements set forth in the Contract Documents. Such request shall be submitted promptly, but no later than sixty (60) Days from the effective date of termination. E. The final payment to Design-Builder after termination for convenience shall be limited to amounts due and owing under the Contract at time of termination, including the following: 1. Any actual costs incurred by the Design-Builder for restocking charges; 2. The agreed upon price of protecting the Work in any manner, if any, as directed by OC SAN; 3. The cost of settling and paying claims arising out of the termination of the Work under subcontract agreements or orders with OC SAN’s approval, as specified above, exclusive of the amounts paid or payable on account of goods delivered or Work furnished by Subcontractor prior to the effective date of the termination; and 4. The Phase 2 Price allocable to the portion of the Work properly performed, even if not completed, or goods supplied by Design-Builder as of the date of termination, as determined in accordance with the Contract Documents, reduced by any sums previously paid to Design-Builder. F. OC SAN shall have the right to withhold, among other things, any portion or the whole of the final payment under this provision in the event there are any outstanding claims for compensation asserted by OC SAN against Design-Builder, or by any third party against OC SAN which arises out of Design-Builder’s Work. G. Design-Builder shall be entitled to receive only the amounts payable under this Article, and Design-Builder specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to OC SAN. H. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed. I. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, OC SAN may immediately order Design-Builder to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of OC SAN or the Contract is terminated. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 108 of 111 J. If OC SAN terminates Design-Builder for cause, and it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Design-Builder shall be entitled to receive only the amounts payable under this Article, and Design-Builder specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. ARTICLE 14 - MISCELLANEOUS CONTRACT PROVISIONS 14.1 Governing Law A. The Contract Documents have been negotiated between OC SAN and Design-Builder and shall be subject to and interpreted under the laws of the State of California. B. By entering into the Contract, the Design-Builder consents and submits to the jurisdiction of the Courts of the State of California, County of Orange, over any action at law, suit in equity, and/or other proceeding that may arise out of the Contract Documents. 14.2 Notice A. Any notice required or given under the Contract shall be in writing, be dated and signed by the party giving such notice or its duly authorized representative, and be served as follows: 1. If to OC SAN, by personal delivery or by deposit in the United States mail, or by electronic telecommunication. 2. If to Design-Builder, by personal delivery to Design-Builder or to its authorized representative at the worksite or by deposit in the United States mail, or by electronic telecommunication. 3. If to the Surety or any other person, by personal delivery to the Surety or other person or by deposit in the United States mail or by electronic telecommunication. B. All mailed notices shall be in sealed envelopes; shall be sent by certified mail with postage prepaid, return receipt requested; shall be addressed to the addresses and addressees contained in the Contract Documents, or such substitute addresses which a party designates in writing; and shall be served as set forth herein. C. All electronic telecommunication, to be effective, shall have a date and time receipt acknowledgment, and shall be clearly identified as a contractual notice under this, and any other applicable, provision of the Contract. 14.3 Partial Invalidity A. In the event any article, section, paragraph, sentence, clause, or phrase (collectively referred to hereinafter as “Contract Elements” or singularly as “Contract Element”) PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 109 of 111 contained in the Contract Documents shall be determined, declared, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, such determination, declaration, or adjudication shall in no manner affect the other Contract Elements, which shall remain in full force and effect as if the Contract Element declared, determined, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, was not originally contained in the Contract Documents. 14.4 Waiver of Rights A. Except as otherwise specifically provided in the Contract Documents, no action or failure to act by OC SAN, OC SAN's Representative, or Design-Builder shall constitute a waiver of any right or duty afforded any of them under the Contract Documents, nor shall any such actions or failure to act constitute an approval of or acquiescence in any breach thereunder. 14.5 Separate Contracts A. Design-Builder understands that this is not an exclusive contract and that OC SAN shall have the right to negotiate with and enter into separate contracts with others providing the same or similar services as those provided by Design-Builder as OC SAN desires. 14.6 Notice of Third Party Claims A. Pursuant to Public Contract Code section 9201, OC SAN shall provide Design-Builder with timely notification of the receipt of any third-party claims relating to the Contract. OC SAN is entitled to recover reasonable costs incurred in providing such notification. 14.7 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the Parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 14.8 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Project or termination or completion of the Contract or termination of the services of Design-Builder. PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 110 of 111 14.9 Prohibited Interests A. No OC SAN official or representative who is authorized in such capacity and on behalf of OC SAN to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting, or approving any engineering, inspection, construction, or material supply contract or any subcontract in connection with construction of the Project, shall be or become directly or indirectly interested financially in the Contract. Design-Builder warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining the Contract. 14.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 14.11 State License Board Notice A. Contractors are required by law to be licensed and regulated by Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, the Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 14.12 Change In Name Or Nature of Design-Builder’s Legal Entity A. Should a change be contemplated in the name or nature of Design-Builder’s legal entity, Design-Builder shall first notify OC SAN in order that proper steps may be taken to have the change reflected in the Contract Documents and all related documents. No change of Design-Builder’s name or nature will affect OC SAN’s rights under the Contract Documents, including but not limited to the bonds and insurance. 14.13 Other Legal Provisions A. Notices. Design-Builder shall give all notices and comply with Applicable Laws bearing on conduct of Work as indicated and specified by their terms. References to specific laws, rules, or regulations in the Contract or these General Conditions are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Design-Builder observes that Design Documents are at variance therewith, Design-Builder shall promptly notify OC SAN, in writing, and any necessary changes shall be made as provided for in the Contract or these General Conditions for changes in Work. If Design-Builder performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to OC SAN, Design-Builder shall bear all costs arising therefrom. B. ADA. Design-Builder shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. section 12101 et seq.). The Work shall be PDB – Attachment 1 - General Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 111 of 111 performed in compliance with ADA laws, rules, and regulations. Design-Builder shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable. C. Mined Material. Design-Builder acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for the Contract. D. Other Laws. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either Party, the Contract or Contract Documents shall be changed by OC SAN, at no increase in the GMP or extension of Contract Time, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either Party hereunder. 14.14 Limitation of Liability A. Notwithstanding anything to the contrary in this Agreement and to the fullest extent permitted by law, the total aggregate liability of Design Builder to OC San, or anyone claiming by, through, or under OC San, for any and all claims, losses, costs, or damages arising out of, resulting from, or in any way related to the Project or this Contract from any cause or causes, including but not limited to negligence, strict liability, or breach of contract, shall not exceed one hundred fifty percent (150%) of the Contract Price. B. The limitation set forth above shall not apply to: 1. Claims covered by insurance required under this Agreement to the extent there are insurance proceeds available; 2. Claims arising from the gross negligence or willful misconduct by Design-Builder; 3. Indemnity obligations expressly assumed by Design Builder under this Contract except for such indemnity obligations where it is determined Design-Builder is not at fault; or 4. Claims arising from violation of law, including environmental laws. END OF GENERAL CONDITIONS PDB – Attachment 2 – Phase 1 Scope of Work PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 ATTACHMENT 2 PHASE 1 SCOPE OF WORK Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 1 of 38 Headworks Electrical Distribution Improvements at Plant No. 2 Project No. P2-141 Phase 1 Scope of Work Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 2 of 38 SECTION 1 CONTENTS ARTICLE 1 - PHASE 1 ENGINEERING AND PRECONSTRUCTION SERVICES ...................... 3 1. PROJECT REQUIREMENTS ................................................................................................ 3 Background .................................................................................................................. 3 Project Description ....................................................................................................... 4 Description of Project Elements .................................................................................... 4 1.3.1 Project Element 1 – Replace Power And Control Cables Along With Associated Raceway Systems .................................................................................... 5 1.3.2 Project Element 2 – Replace Obsolete Headworks Variable frequency drives And Associated Cable And Conduits .......................................................................... 5 1.3.3 Coordination with Other Projects .................................................................... 6 - PROJECT MANAGEMENT ......................................................................................... 6 – Project Management and Administration .............................................. 6 – Project Management Documents ......................................................... 6 – Meetings ........................................................................................... 12 - FIELD INVESTIGATIONS .......................................................................................... 13 – Geotechnical Investigation ................................................................. 13 – DESIGN DEVELOPMENT ........................................................................................ 15 Table 3-1 Design Deliverables .................................................................................. 16 – Preliminary Design Report .................................................................. 22 - Procurement Plan ............................................................................... 26 – 60% Design Development .................................................................. 27 – GMP Design Deliverable .................................................................... 29 – 100% Issue for Construction .............................................................. 29 – NOT USED ............................................................................................................... 29 - PRE-CONSTRUCTION SERVICES AND GMP DEVELOPMENT ............................. 29 - Cost Modeling and Estimates .............................................................. 29 - Scheduling and Construction Phasing ................................................. 31 - Guaranteed Maximum Price Submittal and Phase 2 Amendment ....... 32 ARTICLE 2 - GENERAL REQUIREMENTS .............................................................................. 35 2. GENERAL ........................................................................................................................... 35 2.1. Project Phases and Tasks .......................................................................................... 36 2.2. Construction Sequencing and Constraints .................................................................. 36 2.3. Working Hours ............................................................................................................ 36 2.4. Standard Drawings and Typical Details ...................................................................... 36 2.5. Software ..................................................................................................................... 36 2.6. Submittal Review using Bluebeam.............................................................................. 37 3. STAFF ASSISTANCE ......................................................................................................... 37 4. EXHIBITS ............................................................................................................................ 37 Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 3 of 38 ARTICLE 1 - PHASE 1 ENGINEERING AND PRECONSTRUCTION SERVICES This attachment describes the scope of services during Phase 1 of P2-141, Headworks Electrical Distribution Improvements at Plant No. 2, hereinafter referred to as “Project”. Phase 1 Services consist of those tasks necessary to deliver design documents up to a 100% Design and to develop a Guaranteed Maximum Price (GMP). These tasks address project management, design development, and development of a GMP or multiple GMPs for Phase 2 Services. The Phase 1 Scope of Work includes the following tasks: PROJECT MANAGEMENT FIELD INVESTIGATIONS DESIGN DEVELOPMENT TASK 4 NOT USED PRE-CONSTRUCTION SERVICES AND GMP DEVELOPMENT Specific tasks and subtasks for Phase 1 are described in the following sections. 1. PROJECT REQUIREMENTS BACKGROUND Distribution Center H (DC-H) at Plant No. 2 houses the electrical distribution equipment that supplies power and control to all headworks facilities through its switchgear and motor control centers (MCCs). Power and control cables from DC-H are routed to their respective areas through an underground duct bank system that connects the various headworks process areas. This duct bank system was installed as part of Plant No. 2 Headworks Replacement Project, Job No. P2-66, which was completed in 2012. Over the past five years, several power and control cables have failed. In many cases, cables were either replaced or abandoned in place (in shared conduits), with new cables routed in spare conduits. Nearly all spare conductors and conduits have been used. A condition assessment of the existing underground duct bank system identified several spare conduits used for the power and control conduits as unusable due to failure of the fiberglass conduit. The Rigid Galvanized Steel (RGS) conduit for the signal cables remains in good condition. Figure 1 depicts the layout of the existing underground duct bank system. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 4 of 38 Figure 1: Existing Underground Duct Bank Routing from DC-H to Headworks Facilities PROJECT DESCRIPTION The work includes installing essential electrical and control raceway infrastructure, including conduits, overhead trays, manholes, and junction boxes, while incorporating innovative and cost-effective solutions that are designed to meet site conditions and operational needs. The work must be coordinated with the existing operation of the wastewater treatment facility to ensure minimal interruptions and downtime. DESCRIPTION OF PROJECT ELEMENTS The Design-Builder is responsible for providing engineering services throughout all phases of the Project as described below. During Phase 1, the Design-Builder is responsible for performing all services outlined in the Contract Documents and this Scope of Work, including, but not limited to, a thorough investigation of the Headworks area. This investigation shall evaluate surface and subsurface conditions, environmental factors, and local constraints that may affect construction. As part of the initial preliminary design efforts, the Design-Builder shall prepare a Cable Conduit Condition Assessment Report, with its findings incorporated into a comprehensive Preliminary Design Report (PDR). The PDR shall define the rehabilitation scope for the power and control cable raceway infrastructure, Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 5 of 38 establish design criteria, and include routing and phasing plans, GMP packaging strategy, preliminary cost and schedule models, load list, conduit schedule, single-line diagrams (SLDs), and clearly outlined shutdowns, construction sequencing, and commissioning requirements necessary for GMP development. The Design-Builder is expected to participate in regular design coordination meetings with OC SAN and may propose multiple GMPs at different stages of design development, including those that support early procurement or early construction packages. Such as, early construction packages to replace temporary cables. The final deliverable of Phase 1, the GMP Proposal, shall reflect all site investigations, design development, and contractual requirements, and shall be submitted on an Open Book basis. Upon OC SAN’s acceptance of the GMP, the contract will be amended to authorize Phase 2 services. All Phase 1 deliverables become the exclusive property of OC SAN, and the Design-Builder shall remain responsible for identifying all reasonably discoverable site conditions through due diligence conducted during Phase 1. In accordance with the Contract Documents, the Design-Builder shall not commence any Phase 2 activities, including Construction, Commissioning, and Project Closeout until OC SAN executes the GMP Amendment and issues a formal Notice to Proceed (NTP) for Phase 2. The Design-Builder may request an early NTP for Construction Work prior to completion of the 100% Construction Documents. However, such early authorization may only be granted at OC SAN’s sole discretion and with the Design-Builder’s written acceptance. In all cases, no portion of the Project may be constructed until OC SAN has reviewed and approved the corresponding design documents for that specific portion of the work. Additional details on Phase 1 scope and deliverables are described in subsequent sections of this document. Detailed descriptions of the Project Elements are presented below. 1.3.1 PROJECT ELEMENT 1 – REPLACE POWER AND CONTROL CABLES ALONG WITH ASSOCIATED RACEWAY SYSTEMS A. This work involves the installation of new raceway infrastructure to support new power and control cables and conductors. The scope includes the installation of conduits, overhead cable trays, manholes, and junction boxes, with an emphasis on incorporating innovative and cost-effective solutions tailored to site-specific conditions and operational requirements. All work must be carefully coordinated with ongoing wastewater treatment facility operations to minimize disruptions and maintain continuous functionality. It is assumed that DCH, along with associated process areas, will remain in service during construction to support operational needs. 1.3.2 PROJECT ELEMENT 2 – REPLACE OBSOLETE HEADWORKS VARIABLE FREQUENCY DRIVES AND ASSOCIATED CABLE AND CONDUITS A. This project element involves replacing obsolete variable frequency drives (VFDs) serving critical Headworks equipment, along with all associated power, control, signaling cables and conduits, to enhance system reliability, efficiency, and maintainability. The scope includes the replacement of seven 4.16kV, 700 HP VFDs (12kV input) for the Main Sewage Pumps (MSPs), as well as sixteen 480V, 75 HP VFDs that operate odor control fans. Work will include field verification, electrical design, specification of new VFD units, integration with existing motor control Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 6 of 38 systems, coordination with plant operations to minimize service disruptions, and commissioning of the new drives. B. Incorporate a fail-safe control strategy into the odor control fan that prevents operation of the fan when there is no air flow. 1.3.3 PROJECT ELEMENT 3 – MSP VIBRATION MONITORING SYSTEM MODERNIZATION A. Replace the obsolete Emerson CSI 4500 Vibration Monitoring System with new Bently Nevada Orbit 60 Vibration Monitoring System for the seven MSPs. The existing vibration system cabinets will be replaced with new cabinets housing Orbit 60 Vibration racks and HMI displays. Each pump and motor will receive new vibration transducers with new cables. B. Each MSP VFD will receive a HiHi vibration trip from the new vibration monitoring panel serving that MSP. C. Each new vibration monitoring rack will be connected to the ICS network and PLC. 1.3.4 COORDINATION WITH OTHER PROJECTS (NOT USED) a. - PROJECT MANAGEMENT Design-Builder shall provide all necessary Project management, oversight, and coordination throughout Phase 1. Project Management shall include the following subtasks. – Project Management and Administration Project Control System: A. The Design-Builder will use OC SAN provided or approved electronic systems as described below in the Document Management Plan. OC SAN will train new users on OC SAN provided systems as needed. – Project Management Documents As part of Project Management and Administration and within 30 days of notice to proceed with Phase 1, the Design-Builder shall prepare and submit drafts of the following documents for review and concurrence by OC SAN. Basic templates will be provided by OC SAN, but the Design-Builder is responsible for the content. Documents shall be updated as indicated in the deliverables schedule below. Throughout the Project, the Design-Builder must implement the activities described in the documents, ensure the Project team is familiar with their contents, and keep the documents current. Project Management Plan: A. The Project Management Plan (PMP) informs the Project team of the basic requirements and approach. It must promote open, collaborative, and frequent communication between the Design-Builder, OC SAN, and stakeholders. Key topics include: 1. Staff roles and responsibilities 2. Plan for adherence to the Project schedule Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 7 of 38 3. Structured approach for scope management 4. Formal change management process 5. Risk management approach 6. Quality management process 7. Communication Plan 8. Problem resolving, including escalation approach B. The PMP shall be concise and focused on Project-specific information necessary to manage the work. Where the Design-Builder uses established standard procedures for certain activities, those procedures may be referenced rather than repeated in full. C. Design-Builder shall be responsible for managing Design-Builder’s Project execution, schedule, budget, subconsultants, and coordination with other projects. The Design-Builder shall perform the Project management requirements in accordance with the Project specific options identified below. Project Logs: 1. Decision Log 2. Action Item Log 3. Meeting Log 4. Risk Management Log 5. Progress Report with Cost Model update Health and Safety Plan: A. The health and safety plan outlines the Design-Builder’s approach, Project team requirements, and procedures to ensure safety and compliance with all OC SAN procedures and Contractor Safety Standards as well as local, state, and federal regulations. Phase 1 activities include site visits, field investigations, in-person meetings, and compliance with relevant procedures and regulations. The document will be updated for Phase 2 GMP Proposal as construction activities are defined. B. Design-Builder shall prepare Exhibit 11 Project Safety Check List and Exhibit 12 - Full Project Safety Review Plan for review with OC SAN Risk Management during the Preliminary Safety Review Plan Workshop. The workshop shall be held 4 weeks prior to the 60% submittal, at OC SAN offices, and shall be no more than 4 hours. OC SAN will moderate the project safety meetings to review content contained in Exhibit 11 - Project Safety Check List and Exhibit 12 - Full Project Safety Review Plan. Quality Management Plan: A. The Quality Management Plan (QMP) outlines activities and controls to ensure all deliverables meet the Progressive Design-Build Contract and Scope of Work. It details each team member's role in quality control (QC) or assurance (QA), data collection procedures before design, work checks, verification, corrective actions, and document control. The QMP will be updated with the Phase 2 GMP submittal and will provide more details on quality assurance and control activities. B. The Design-Builder shall develop and implement a QMP specifically for Phase 1. The plan shall define the purpose, objectives, roles, and responsibilities of the QA/QC and Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 8 of 38 Independent QC (IQC) Teams, as well as describe the QC processes for preliminary deliverables. Key requirements include: 1. Phase 1 - Design QC Requirements: All evaluation memos, basis-of-design documentation, technical memoranda, preliminary layouts, and GMP-supporting documentation shall undergo internal QC reviews by qualified staff prior to submittal to OC SAN. Documentation of these reviews, including QC checklists and comment logs, shall accompany each submittal. 2. GMP Development Support: The QA/QC process shall verify that scope, quantities, design assumptions, and cost estimates used for GMP development are accurate, coordinated, and well-documented. Inter-discipline coordination and constructability shall be reviewed to support early validation of the proposed scope, schedule, and budget. 3. QC Documentation and Submittals: Each submittal shall include a QC validation affidavit signed by the respective discipline leads and the Design-Builder Team’s QA/QC Manager, confirming internal review and resolution of comments. A transmittal letter signed by the Design-Builder Project Manager or Principal-in-Charge shall certify that the documents have been checked and coordinated. 4. OC SAN Oversight and Audits: OC SAN reserves the right to conduct periodic audits of QA/QC procedures and participate in review workshops. The Design-Builder shall respond to OC SAN audit comments within two weeks. If needed, OC SAN may schedule follow-up audits to confirm resolution. 5. Staffing and Budgeting for QA/QC: The Design-Builder shall include sufficient staffing and level of effort to support QA/QC for all Phase 1 design deliverables and GMP development activities. Document Management Plan: A. The Design-Builder will use the OC SAN provided electronic document management systems and submit a plan detailing document management. This plan will include collaboration, communication, and document submission following OC SAN's protocols and naming conventions. It will ensure proper documentation during design, construction, and facility lifecycle phases. The plan should address operations and maintenance staff requirements for documentation. B. The Design-Builder shall submit all submittals electronically for review. Electronic submittals shall be in PDF format unless otherwise specified under individual specifications with security restrictions set to enable commenting so that OC SAN’s comments can be added to the document using Bluebeam Revu. PDF files shall be searchable and include Bookmarks/Tabs identifying specific sections/sub-sections to separate each product and system. C. Systems used for document management: 1. MS365 Teams/SharePoint site will store shared, draft, and working documents. It will be used for document transfers among team members, development and finalization of meeting agendas and minutes, as well as document editing and review. a. Preliminary Design Folder – Contains predesign studies, memos, draft reports, final reports, field test data, modeling data, and decision logs. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 9 of 38 b. Design Folder – Documents pertaining to design development. Meeting minutes and agendas applicable to final design stage. 2. BlueBeam will be used for drawing reviews and markups in accordance with Section 2.6, Submittal Review Using BlueBeam. Review comment reports will be exported and saved to SharePoint in the appropriate folder. 3. PMWeb will be the primary Project control system, and the system of record for all Project submittals and deliverables. It supports workflows and electronic approvals for submittals, RFIs, meeting minutes, contract administration, pay requests and change requests. D. All Project documents needing formal signatures will be digital and distributed digitally. Digital signatures are equivalent to handwritten ones. Automated system notifications (e.g., in-system notices, system-generated emails, or emails with attachments) are considered formal written notifications per the Progressive Design-Build Contract. Project Schedule: A. Design-Builder shall prepare and maintain a cost-loaded, resource assigned, critical path (CPM) Project Schedule in Primavera P6. The Design-Builder shall prepare and submit monthly schedule updates for all Project activities. See Subtask 5.2 for schedule requirements. B. While it is the Design-Builder’s responsibility to develop a detailed and comprehensive Baseline Schedule in accordance with the Progressive Design-Build Contract, the following milestones represent OC SAN’s current tentative timeline for Project planning purposes: 1. Design-Builder NTP: 2Q 2026 2. Field Investigation & PDR: 2Q 2026 3. Detailed Design to GMP Development Milestone: 4Q 2026 4. GMP Amendment: 1Q 2027 5. Construction Completion: 1Q 2029 C. See attachment xxx for draft Design-Builder Phase 1 schedule Risk Management. The Project Management Section shall include overall Project risk management, including both Phase 1 and Phase 2 risks that become evident as the Project develops. The Design-Builder shall hold a collaborative workshop to prepare a Project risk register that includes at a minimum the following information: A. Risk Identification 1. Description 2. Date identified 3. Risk originator 4. Category (Project, Internal, External) 5. Type (types are based on category and include mechanical, structural, civil, etc.) B. Risk Analysis Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 10 of 38 C. Probability that risk may occur (1 very low, 2 low, 3 medium, 4 high, 5 very high/certain) 1. Impact if risk occurs (1 very low, 2 low, 3 medium, 4 high, 5 very high/fatal) 2. Severity weighting (low, medium, and high calculated from probably * impact scores) 3. Affected Project Metrics (cost, schedule, performance, quality, reputation, or other) 4. High and medium risk items: a. Estimated cost associated with risk b. Timeframe (early, continual, late, undetermined) c. Sort by highest risk and prioritize risks outside the team’s control D. Risk Response (high and medium risk items only) 1. Triggering event 2. Response strategy (Monitor, Avoid, Transfer, Mitigate, Accept) 3. Proposed action plan E. Risk Control (high and medium risk items only) 1. Risk Owner 2. Person Monitoring 3. Status (new, monitoring, implementing response, risk passed, transferred, changed, closed) F. The Design-Builder shall maintain a risk register as a living document and submit updates to OC SAN. To promote the open discussion of risk, the risk register shall be a standing agenda item in all meetings. Monthly Reporting: A. The Design-Builder shall submit monthly reports summarizing Project progress. The monthly progress reports shall include a narrative summarizing the progress of the Project and shall identify any recommended actions by OC SAN or the Design-Builder to mitigate risks or modify the Project approach and scope. Monthly progress reports shall be due by the 15th of each month. Attachments to the monthly progress report shall include: 1. Summary of work: Identifying activities worked on and/or completed during the last month including meetings and workshops, progress on deliverables, as well as significant items related to external agencies such as grants, permits, etc. 2. Planned Activities: Summarize planned activities and scheduled meetings/workshops for the next month. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 11 of 38 3. Issues and Concerns: Identify issues and concerns that may affect Project schedule or budget and require discussion between the Design-Builder and OC SAN. Any increase in cost estimates will require an update to the cost model, following the format and detail requirements described in the Pre-Construction Services and GMP Development Section of the Request for Proposals (RFP). 4. Progress Schedule: A variance report with originally scheduled completion dates and updated scheduled completion dates, including explanation of any changes to schedule since the last progress report. Deliverables: 1. Monthly Schedule Updates (as part of the Monthly Report) 5. Budget: For Phase 1 engineering, a Table showing each of the Phase 1 tasks, with the following information for each task: percent of work complete, percent of budget expended, billing for the current reporting period, previous billing, billed to date, budget limit, and budget remaining. 6. Monthly Report Attachments: a. Updated CPM and progress schedule in Gantt chart format b. Draft invoice and supporting data. c. Current Action Item Log d. Updated Risk Register e. Updated Decision Log f. Log of changes to scope, cost or schedule Deliverables: 1. Project Management Plan (periodic updates as needed or requested) 2. Health and Safety Plan (periodic updates as needed or requested) 3. Quality Management Plan (periodic updates as needed or requested) 4. Document Management Plan (periodic updates as needed or requested) 5. Project Schedule (updates included in monthly status reports) 6. Risk Register (updates included in monthly status reports as risk status changes or new risks are identified, submission with each interim design submittal) 7. Monthly Progress Reports, including all required attachments Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 12 of 38 – Meetings The Design-Builder shall schedule, prepare for, and conduct Project kickoff and progress meetings with OC SAN, including key firms and individuals from the Design-Builder’s Project team, and OC SAN Project team members. The meetings listed below are exclusive of additional meetings for design development, field investigations, permitting, etc., which will be identified in their respective tasks. Design-Builder shall be responsible to prepare the meeting agendas and issue the meeting minutes for review. The Design-Builder shall transmit the minutes to OC SAN within five business days of the meeting using OC SAN’s template, or an approved substitution. Project Management meetings shall include: Project Kickoff Meeting: A. To initiate the Project, an in-person kickoff meeting will be held for key Project team members, from the Design-Builder and OC SAN to review and discuss Project goals, scope of work, schedule, communication protocols and other required procedures for the execution of the Phase 1 Progressive Design-Build Contract. Bi-weekly Progress Meetings: A. Progress meetings shall be hybrid (in person and remote) and conducted for the duration of Phase 1 and provide a routine forum for reviewing items included in the monthly progress report, discussing ideas, and confirming short-term and long-term Project priorities. Partnering Meeting: A. The Design-Builder shall attend one partnering meeting at the beginning of Phase 1 and three more partnering meetings throughout the remainder of Phase 1. The Partnering meetings shall be in person. The Design-Builder will facilitate the partnering meetings through a 3rd party and provide an agenda prior to meeting for review and comment by OC SAN. The initial partnering meeting shall not be longer than one (1) day, and the subsequent partnering meetings shall not be longer than 4 hours. Maintainability Workshops A. A maintainability workshop shall be held after draft floor plans have been developed to: 1. Review the working space around equipment, accessibility requirements, specific activities required to be performed by maintenance staff, ease of servicing for equipment and devices, means to removing equipment from the point of installation to a location outside the facility. 2. The workshop shall be used to develop a set of project maintainability design rules based on the requirements in Chapter 7 of the Engineering Design Guidelines, coordination with OC SAN staff, lessons learned from prior projects, Design-Builder staff expertise, and manufacturer data. B. The maintainability workshop shall be held at OC SAN’s facilities and shall generally be 4 hours in length. OC SAN and Design-Builder staff shall attend this workshop. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 13 of 38 C. A follow up maintainability workshop shall be held at OC SAN’s facilities to review the draft Project maintainability design rules. D. The Project maintainability design rules shall be followed during detailed design. Exception to design rules shall be documented as design decisions in the Project Decision Log. E. The Design-Builder shall be responsible for completing the following tasks related to the workshop: 1. Prepare Workshop Package: Develop and distribute a comprehensive package for workshop participants. This package shall include Project plans, process flow diagrams, P&IDs, and any other relevant information selected by the Design-Builder. 2. Project Presentation: Prepare and deliver a presentation outlining the Project scope, key design elements, and considerations related to maintainability. 3. 3D Model Review: If applicable, review the 3D model to support the workshop discussion and facilitate maintainability assessments. 4. Comment Summary: Document all comments and feedback received during the workshop. Summarize the actions taken in response to each comment in a formal memorandum. 5. Documentation Integration: Incorporate all workshop comments, recommendations, and applicable maintainability design rules into the Maintainability Design Memorandum and the Contract Documents. - FIELD INVESTIGATIONS Field investigations and corresponding condition assessment report will be required to confirm Project and site conditions prior to evaluation of improvement concepts and development of design documents. – Geotechnical Investigation A. The Design-Builder shall develop a geotechnical program to support the design and construction of new cable raceway systems while maintaining uninterrupted process operations. The Design-Builder shall begin by reviewing available geotechnical data from Project No. P2-66 and other OC SAN records. Based on this review, the Design-Builder shall identify any data gaps and perform additional investigations if necessary. B. If additional work is warranted, the Design-Builder shall coordinate boring locations and all required notifications. Any new field investigations should focus on subsurface conditions and trenching risks. Limited laboratory testing and field screening may be conducted as needed. The final recommendations should also support potential alternate routing strategies to ensure existing systems remain in service throughout construction. C. Findings and recommendations shall be submitted as part of this subtask and documented and incorporated into the PDR. D. Geotechnical recommendations related to earthwork, shoring, and dewatering will be incorporated into the project-specific technical specifications starting at 60% Design. Deliverables: Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 14 of 38 1. Geotechnical Data Report (draft and final) – Utility Investigation A. The Design-Builder shall develop a subsurface utility investigation program to support the design and construction of new cable raceway systems. The Design-Builder shall begin by reviewing available Plant No. 2 utility data from Project No. P2-66 and other OC SAN records. B. The Design-Builder shall coordinate potholing locations and all required notifications. C. Findings shall be incorporated into the project Drawings starting at 60% Design. Deliverables: 1. Subsurface utility information, incorporated into the 60% Design Drawings. – Topographic Survey A. The Design-Builder shall develop a topographic surface map focused on the project area to support development of existing grading drawings at a 1”=20’ scale with 0.5-foot contour intervals. Topographic base mapping will be from aerial process only and not ground-survey level accuracy, with limited augmentation (including utility survey of pothole locations, manhole and catch basin rims, survey of subsurface utility exploration paint marks/field designations, and survey of geotechnical investigation borings). B. The Design-Builder shall coordinate topographic survey crew site visits and all required notifications. C. The topographic survey shall be documented and incorporated into the 60% Design Drawings. Deliverables: 2. Topographic Survey, incorporated into the 60% Design Drawings. – Electrical Investigation A. The Design-Builder shall perform targeted field investigations to verify existing electrical and instrumentation conditions at Distribution Center H and the Headworks facilities served by it. The Design-Builder shall begin by reviewing available Plant No. 2 utility data from Project No. P2-66 and other OC SAN records. B. The Design-Builder shall coordinate site visits locations and all required notifications. C. Findings and recommendations shall be documented and incorporated into the PDR. Deliverables: 1. Cable Conduit Condition Assessment Report, incorporated into the PDR. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 15 of 38 – DESIGN DEVELOPMENT As part of this Task the Design-Builder shall prepare the design documents in accordance with the RFP and Article 2 – General Requirements. The design deliverables shall have, at a minimum, the items identified in Table 3-1 for each of the interim design milestones. The following design deliverables are at a minimum required for this Scope of Work. The Design-Builder may propose additional deliverables to aid the development of the design. Deliverables: 1. PDR for the entire Project (i.e., all GMP packages included in this deliverable) 2. 60% Design Deliverable (one per each GMP package) 3. GMP Bid Set (one per each GMP package) 4. 100% Issue for Construction Design Deliverable (one per each GMP package) Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 16 of 38 Table 3-1 Design Deliverables PDR 60% Design 100% Issue for Construction Notes Design Documentation & Project Support Documentation Design Information Equipment Sizing Calculations (Major Equipment) At PDR include equipment data sheets with approximate HP. Equipment Sizing Calculations (minor Equipment) At PDR provide list with approximate HP. Equipment) At PDR, include as part of equipment data sheet At PDR, include as part of equipment data sheet Facility O&M (Plant Projects Only) Electrical calculations (Plant Projects Only) The 60% Design is to include load flow and short circuit calculations down to loads, coordination study, and arc Instrumentation and Control Tagging and Equipment Naming Proposal X X X naming of equipment and descriptions of I/O Allocation & Mapping X X X Remote I/O panels, and is used to build up to Real I/O Rack Loading Layout Not required X X Real I/O - Process, Electrical & Vendor Not required Not required X Master Instrument & Equipment Index Not required X X complete with details pending. At 60% Design, to Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 17 of 38 Table 3-1 Design Deliverables PDR 60% Design 100% Issue for Construction Notes include schematic and spec references (including packages) and type. At 100%, details to be assigned. Tag Pattern Matrix (Loop Numbers) X X X loop numbers required for the Project during PDR. OC SAN will generate a spreadsheet with the allocated loop numbers. Design-Builder to maintain spreadsheet by updating as issued loop numbers are assigned and requesting additional loop numbers as required by design progression. See Engineering Design Guidelines Equipment & Instrumentation Database (EID) - Demolition OC SAN EIM staff to meet with Design-Builder to review EID process flow and data requirements during PDR phase. EID Demolition submittal is intended to be initial application of EID process for OC SAN manual EID Not required X X Construction Construction Sequencing Plan X X X Construction Schedule X X X Construction Submittals Items List Not required X X Technical Specifications Table of Contents X X X Additional GRs (Div 1) Not required X X Section 01810, Commissioning Not required X X Section 01810 Attachment A Not required X X ORTs/Pre-FATs Not required X X FAT Narratives and Procedures (separate or combined) Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 18 of 38 Table 3-1 Design Deliverables PDR 60% Design 100% Issue for Construction Notes Structural Specifications (Div 3, 4, 5) Not required X X Architectural Specifications (Div 6-10, 12) Not Applicable Not Applicable Not Applicable Coating Specification (09800) Not Applicable Not Applicable Not Applicable Equipment Specifications (Div 11, 13, 14) Not Applicable Not Applicable Not Applicable Mechanical Specifications (Div 15) Not Applicable Not Applicable Not Applicable Electrical Specifications (Div 16) Not required X X Instrumentation Specifications (Div 17) Not required X X Control Strategies (17300) Not required X X Process, Electrical, Vendor Drawings General Cover, List of Drawings, Location & Vicinity X X X Process Flow Diagrams Not Applicable Not Applicable Not Applicable Demolition Demolition Plans and Sections X X X Civil Key Plans X X X Horizontal Control Not required X X Paving and Grading X X X Yard Piping/Piping Plan Not Applicable Not Applicable Not Applicable Piping Profiles Not Applicable Not Applicable Not Applicable Site Sections Not required X X Civil Details Not required X X Standard Civil Details Not required X X Landscaping Planting Plans Not Applicable Not Applicable Not Applicable Irrigation Plans Not Applicable Not Applicable Not Applicable Landscaping Details Not Applicable Not Applicable Not Applicable Structural Structural Plans Not required X X Structural Sections Not required X X Structural Details Not required X X Standard Structural Details Not required X X Architectural Architectural Renderings Not Applicable Not Applicable Not Applicable Architectural Plans Not Applicable Not Applicable Not Applicable Architectural Sections Not Applicable Not Applicable Not Applicable Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 19 of 38 Table 3-1 Design Deliverables PDR 60% Design 100% Issue for Construction Notes Door and Window Schedules Not Applicable Not Applicable Not Applicable Architectural Details Not Applicable Not Applicable Not Applicable Standard Architectural Details Not Applicable Not Applicable Not Applicable Mechanical Mechanical Plans Not Applicable Not Applicable Not Applicable Mechanical Sections Not Applicable Not Applicable Not Applicable Mechanical Details Not Applicable Not Applicable Not Applicable Standard Mechanical Details Not Applicable Not Applicable Not Applicable Heating, Ventilation and Air Conditioning HVAC Plans Not Applicable Not Applicable Not Applicable HVAC Sections Not Applicable Not Applicable Not Applicable HVAC Details Not Applicable Not Applicable Not Applicable Standard HVAC Details Not Applicable Not Applicable Not Applicable Electrical Electrical Abbreviations X X X Electrical Symbol Sheet X X X Electrical Demolition Plans X X X Electrical Site Plans X X X Electrical Area Plans Not Required X X Electrical Enlarged Plans Not required X X Conduit Plans Not required X X Electrical Room Floor Plan(s) X X X Lighting and Power Plans Not required X X Grounding, Signal and Communication Plans Not required X X Hazardous Area Classification Plans X X X Electrical Equipment Elevations Not required X X Electrical Sections Not required X X Electrical Grounding Details Not required X X Electrical Standard Details Not required X X Electrical Lighting Fixture Schedule Not required X X Electrical Control Schematic Diagrams (Major Equip) Equip) (native) Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 20 of 38 Table 3-1 Design Deliverables PDR 60% Design 100% Issue for Construction Notes Electrical Equipment Block Diagrams Not required X X Block Diagrams are higher level graphical representation of the interconnecting paths of the cables between the various equipment, enclosures, field devices, etc. These are used to develop and Electrical Panel Schedules Not required X X Instrumentation and Controls NG General - Legends X X X NG General - Software Templates X X X NG General - Standard I&C and Installation Details Not required X X NG General - Remote I/O Panel Power Distribution Not required X X NG General - I/O Wiring Schematic Not required X X NP P&IDs - Main Process, Secondary Process and Utilities Single train only where applicable for PDR. Duplicate trains may be deferred until 60% Design. P&ID Types examples: Main Process - Primary Basins, Secondary Process - Polymer or plant water, Utilities - Fans, NP P&IDs - Electrical X X X NP P&IDs - Vendor X X X interface requirements, piping services/sizes, IO NC Logic Diagram - Block or Control Not required X X NE Panel Layout - DCS/PLC/RIO w/BOM X At PDR, provide a list with size of panel and estimated IO count. Sump panel, local valve control station, Chemical Panel, Sludge Sample Draw Panel Cabinets Used only in special cases DCS/PLC/RIO, ICS, Office, Substation Access Control, CCTV, Fire, PA, Telephone Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 21 of 38 Table 3-1 Design Deliverables PDR 60% Design 100% Issue for Construction Notes NS Special System Diagrams Not required X X ND P&IDs - Demo Provide a List X X P&IDs, Network which is demo or modified Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 22 of 38 – Preliminary Design Report A. The Design-Builder shall prepare and deliver to OC SAN a draft PDR that will contain site investigation results (from thorough site investigations and analyses performed independently by the Design-Builder); recommendations from Task 2 Field Investigations; and quality management reviews. B. At a minimum, the PDR shall include the following sections or areas of information: 1. Project summary, goals/objectives, and requirements. 2. Scope of Work for construction on the Project 3. Scope of Work and requirements to keep current OC SAN systems in service 4. Design standards and criteria for the different construction activities. 5. Project approach and methods. C. The PDR shall include the following: 1. Sufficient number of drawings to adequately depict the preliminary design of the Project. Engineering Drawings shall comply with OC SAN’s Engineering Design Standards. The Design-Builder shall download, without charge, an electronic copy of OC SAN’s Engineering Design Standards from OC SAN’s website at: https://www.ocsan.gov/document-center/ 2. Equipment data sheets for all major electrical equipment. 3. Copies of all reports prepared as part of site investigations. Discuss and summarize results and recommendations from studies. 4. Recommendation on any additional environmental studies required or performed for the Project. 5. Summary of all national, State, and local codes, regulations, and standards applicable to the Work. 6. Interfaces with existing OC SAN’s operations. 7. A cost estimate developed and updated by the Design-Builder for the Project and narrative for the Project shall be included in the PDR and shall serve as the initial cost estimate (see Subtask 5.1). 8. Implementation Plan: At a minimum, the implementation plan shall: a. Identify adjacent OC SAN or external projects that may require coordination, including spatial conflicts, overlapping schedules, and utility/service tie-ins. b. Develop a Preliminary Commissioning Package List that categorizes major electrical and instrumentation components into logical commissioning units to align with construction sequencing. c. Provide a Preliminary Construction Sequencing Plan, including narrative descriptions and sequential graphics to show viable construction and commissioning paths. The plan shall address potential constraints and propose alternatives to minimize schedule and cost risks. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 23 of 38 d. Describe Constructability Issues that could affect construction or execution, evaluate their likelihood and potential impact, and propose mitigation measures. e. Address Temporary Power and Control Requirements to maintain facility operations during construction. This includes generator and temporary electrical equipment sizing, redundancy, safety measures, and monitoring provisions. f. Address Temporary Flow Handling Requirements such as shutdowns, tie-ins, bypasses, or diversions necessary to maintain facility operations during construction. This includes pump sizing, redundancy, safety measures, and monitoring provisions. 9. An updated Project schedule detailing the Design-Builder’s approach to construction sequencing for the Project to the extent feasible based on the level of design. The Project Schedule shall incorporate plans to minimize disruptions to ongoing operations and the community. 10. Structural Design Parameters: The structural design parameters shall establish the basis of design for all new or modified structural elements associated with the replacement of power and control cables and Headworks VFDs. This includes foundations, supports, and equipment pads for electrical infrastructure. Key requirements include: a. Codes & Standards: Identify applicable structural codes and clearly define how they will be applied without repeating standard code language. b. Seismic Criteria: Provide seismic design criteria based on existing geotechnical data and fault proximity and define seismic classification for each relevant structure. c. Construction & Materials: Describe construction methods and minimum material standards for concrete (including coatings), steel, and anchorage components. d. Design Loads: Define structural loads including dead, live, seismic, wind, and equipment loads, along with applicable load combinations. e. Vibration Isolation: Identify vibrating equipment and define how it will be structurally isolated, especially for the new 700 HP and 75 HP VFDs. f. Pipe & Raceway Supports: Outline design approach for supports associated with trays, cables, and any utility interfacing. 11. Electrical Design Requirements: The Design-Builder shall evaluate and document electrical system requirements to support the replacement of critical power and control infrastructure. a. Codes and Standards: Apply relevant electrical codes, standards, and OC SAN best practices. There is no need to restate standard building code provisions. b. System Description: Provide an overview of the electrical system, including: i. Thermal and electrical soresistivity ii. UPS sources and routing (if applicable) iii. Cable routing methods (e.g., conduit, cable tray) iv. Description and phasing of cable raceway improvements v. System coordination with other concurrent projects Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 24 of 38 c. Submit preliminary: i. Single-line diagrams ii. Electrical site plans (including any cable tray and duct bank routing) iii. Electrical room layout plans iv. Cable and Conduit Schedule d. List of OC SAN Division 16 specification sections required for this Project e. Coordination with Other Projects Identify electrical coordination needs with other OC SAN projects referenced in the Project scope. f. Calculations and Technical Analyses: Include: i. Field data collection, cable tracing, and cable conduit condition assessment ii. Final Load List (with HP, voltage levels) iii. Temporary power requirements and equipment sizing (if applicable) g. Preliminary studies: Motor Starting, Cable and Conduit Sizing, Voltage Drop, Cable Pull, Tray Fill, and Derating 12. Instrumentation and Control: The Design-Builder shall provide a preliminary description of the instrumentation and control (I&C) systems to support the new electrical and VFD infrastructure. a. System Overview: Summarize the I&C system including: i. Existing PLCs, RIOs, and control panel tag numbers and location ii. Recommended modifications to existing facility I&C systems b. Tagging and Standards: i. Define naming, numbering, and tagging conventions based on OC SAN standards c. Instrumentation: i. Identify field instruments affected by this scope of work. d. Preliminary Documentation: i. Provide a Real IO List to identify the input/output which will be replaced ii. Provide PLC/RIO panel locations and cable routing methods for control signals. iii. List of OC SAN 17000 specification sections required for this Project 13. Demolition Requirements Summary: This Project requires the removal and disposal of existing power and control cables, VFDs, and associated electrical equipment as part of system upgrades. Preliminary demolition plans will identify the limits of demolition, methods for safe removal, and disposal locations. O&M coordination will ensure utilities and systems remain operational during demolition. 14. Preliminary Design Drawings: Preliminary Design Drawings shall be compiled into separate volumes and organized by discipline. These drawings will support progressive development of the design and serve as a basis for early discussions Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 25 of 38 with stakeholders, cost estimating, permitting, and construction planning. Drawing submittals shall reflect the current design development stage and be updated throughout the PDB phases. Drawing requirements by discipline are provided in Table 3-1 and below and should be included as applicable to the Project scope: a. General Drawings: i. Cover sheet with location and vicinity maps ii. Drawing index iii. Abbreviations iv. Legends and symbols b. Demolition Drawings: i. Preliminary demolition site plan showing structures, equipment, and utilities to be removed ii. Annotated record drawings illustrating the extent of demolition, including depth and interface with remaining systems c. Civil Drawings: i. Overall site layout ii. Horizontal control, paving, and grading at 1”=20’ scale iii. Electrical Duct Bank plans and profiles d. Structural Drawings: i. Ground and roof framing plans showing columns, beams, and openings ii. Cross-sections and elevations to convey design intent iii. Key details illustrating new connections and tie-ins to existing structures e. Electrical drawings shall include the following: i. Electrical Site Plan ii. Single-line Diagrams iii. Power Building, Electrical and Control Room Layouts iv. Duct Bank section details v. Schematic Diagrams vi. Demolition Plans and Demolition Single-Line Diagrams f. Instrumentation and Control Drawings: Instrumentation and control drawings shall include the following: i. Process and Instrumentation Diagrams (P&IDs). ii. Demolition Process and Instrumentation Diagrams D. Design-Builder shall furnish an electronic copy in a searchable and bookmarked PDF format of the draft PDR (and any other deliverables) to OC SAN. Account for a period of twenty (20) working days for OC SAN review of the draft PDR submittal. The Design- Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 26 of 38 Builder shall provide responses to the comments and conduct basis of design workshops with OC SAN to review proposed changes to documents based on the comments and responses. E. Design-Builder shall schedule and facilitate one review meeting with OC SAN to present and summarize PDR, present overview of initial cost estimate, and present overview of Project schedule. Design-Builder shall conduct a second meeting to address comments received from OC SAN. Design-Builder, design engineer and Subconsultants shall attend the review meeting. F. Revise the PDR (and any other deliverables) in response to OC SAN’s comments, as appropriate, and furnish an electronic copy in PDF format of the revised (final) PDR (and any other deliverables) to OC SAN. G. OC SAN will notify the Design-Builder of its acceptance of the revised (final) PDR prior to Design-Builder proceeding with development of detailed design. The revised (final) PDR will serve as the basis for subsequent Phase 1 submittals. Deliverables: 1. PDR workshop materials and handouts 2. Draft and final Design-Builder’s PDR (in a bookmarked and searchable PDF format) 3. Meeting minutes from PDR review meeting with updated decision and action log 4. PDR cost estimate and schedule - Procurement Plan A. As part of the PDR deliverable, the Design-Builder will develop a preliminary Procurement Plan. B. At a minimum, the procurement plan will incorporate the following: 1. Introduction, background and purpose 2. Planned work packages and estimated value 3. Self-performed work and competitively subcontracted work 4. Process for competitive proposals for bidding (consistent with Proposal submittals provided during procurement) as well as the process for open-book pricing for self-performed work 5. Subcontractor prequalification process 6. Subcontractor selection process 7. Procurement plan for all subcontractors, vendors, and material suppliers (consistent with Proposal submittals provided during procurement). 8. Handling of long lead items and coordination with the Project schedule C. The Design-Builder will submit the Procurement Plan to OC SAN for review and comment. The Design-Builder will prepare a revised Plan, addressing OC SAN’s comments, for inclusion in its Contract Price Proposal Submittal Package. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 27 of 38 Deliverables: 1. Draft and Final Procurement Plan – 60% Design Development A. Design-Builder shall develop and submit a 60% Design Submittal for OC SAN review and comment. The 60% Design Submittal shall include all documents, drawings and specifications. The 60% Design Submittal shall include all documents and items identified in Table 3-1. A 60% Design Submittal will be required for each GMP that the Design-Builder proposes as part of their approach to the Project. B. Construction Submittal Items List: Design-Builder shall develop the Construction Submittal Items List in accordance with Exhibit 18 – Master Construction Submittal List. C. The Design-Builder shall submit an updated procurement plan that incorporates OC SAN’s comments on the draft procurement plan and discussions regarding procurement during the design development. Details on the scope and timing of the first GMP proposal shall be included in the updated procurement plan. D. The Design-Builder shall submit a draft startup and commissioning plan that identifies requirements for startup, commissioning and acceptance testing the Project. OC SAN will provide feedback on the draft plan for incorporation into the final plan. The Design-Builder will submit draft procedures for testing including equipment testing, systems testing and acceptance testing. 1. The commissioning plan materials include the following: a. Specification Section 01810, Commissioning i. The Design-Builder shall provide edits to OC SAN’s Specification 01810 – Commissioning b. ORT Procedures i. Design-Builder shall prepare ORT procedures using OC SAN’s ORT procedure generator c. Pre-FAT Procedures i. Design-Builder shall prepare Pre-FAT procedures d. FAT Procedures i. Design-Builder shall prepare FAT procedures e. RAT Procedures i. Design-Builder shall prepare RAT procedures f. PAT Procedures i. Design-Builder shall prepare PAT procedures E. The Design-Builder shall submit a draft work restrictions including an outage restrictions table including all shutdown and energization activities in accordance with the Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 28 of 38 requirements of OC SAN Specifications Section 01140 work restrictions. OC SAN will provide feedback on the draft plan for incorporation into the final work restrictions. F. The Design-Builder shall provide all QA/QC review documentation, including signature pages documenting completed reviews, and if requested by OC SAN, reviewer comments and design team responses. G. The Design-Builder shall update the construction cost for Phase 2 to be used to establish GMP structure under the Pre-Construction Services and GMP Development Section (see Subtask 5.1). The cost estimate submittal shall represent an “open-book” (all information/documentation disclosed in an itemized manner) cost estimate detailing the direct and indirect cost components. H. The Design-Builder shall provide a draft CPM Schedule for Phase 2 of the Project, including construction, start-up, commissioning, and acceptance of the Project. OC SAN will review the draft CPM Schedule and submit comments to the Design-Builder for incorporation. The accepted CPM Schedule shall be submitted prior to acceptance of the Phase 2 GMP. I. OC SAN will review and provide comments on the submitted documents. The Design-Builder shall provide responses to the comments and conduct a workshop with OC SAN to review proposed changes to documents based on the comments and responses. Up to two (2) workshops may be required. J. The Design-Builder shall update the documents to reflect OC SAN’s comments and shall include the updated documents in the GMP proposal. Deliverables: 1. Updated capital cost estimates for Phase 2 Construction (see Subtask 5.1) 2. Updated procurement plan at 60% Design 3. Updated sequence of construction plan 4. Draft Submittal Items List 5. Draft and final start-up and commissioning plan, including acceptance testing 6. Draft and final work restrictions 7. Draft CPM Schedule and final Accepted CPM Schedule for Phase 2 Construction Phase 8. Completed and checked calculations for all design disciplines 9. Drawings and specifications to show the design advanced to 60% completion 10. 60% Design development workshop agendas, materials and meeting minutes 11. Responses to OC SAN’s comments on the 60% Design submittal Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 29 of 38 – GMP Design Deliverable A. The Design-Builder shall submit a complete set of the 60% design deliverables, inclusive of comments, responses, and edits from the 60% design review, that were used to develop the GMP. This deliverable will serve as the official record of the GMP design. – 100% Issue for Construction A. At the option of OC SAN, the Design-Builder may be authorized to continue with design work during evaluation and authorization of the GMP. This task is to allow the Design-Builder to advance the design to the 100% Design stage. This set will be reviewed to confirm it complies with the approved GMP. B. The 100% Design submittal shall include all documents, drawings, and specifications identified in Table 3-1. C. A 100% Design Submittal will be required for each GMP that the Design-Builder proposes as part of their approach to the Project. D. Once OC SAN reviews the 100% Design Submittal the Design-Builder shall issue a 100% Issue for Construction Set that will be used for construction and inspection of the work. There will be one 100% Issue for Construction set for each GMP that the Design-Builder proposes to develop as part of their Project approach. Deliverables: 1. Updated sequence of construction plan 2. Updated start-up and commissioning plan, including acceptance testing 3. Updated work restrictions 4. Completed and checked calculations for all design disciplines. 5. Drawings and specifications to show the design advanced to 100% completion. 6. 100% Design development workshop agendas, materials and meeting minutes. 7. Responses to OC SAN’s comments on the 100% Design submittal. 8. 100% Issue for Construction document addressing the 100% Design submittal. – NOT USED - PRE-CONSTRUCTION SERVICES AND GMP DEVELOPMENT - Cost Modeling and Estimates A. This subtask is for the efforts involved in developing the cost model and cost estimates throughout the duration of Phase 1. B. The Design-Builder shall use a cost model for the development and communication of the Project cost estimate. The cost model shall be further refined as greater detail Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 30 of 38 becomes available on the Project. Cost estimates will be progressively developed and refined, allowing OC SAN to modify priorities and requirements, if necessary, based on the overall budget. Cost Model A. The Design-Builder shall develop the cost model in a transparent and open-book manner concurrent with design development to create an acceptable cost (including contingencies) to which the Design-Builder’s proposed fee and other fixed allocations or allowances will be added. Open book is defined as detailed cost breakdown, including hours, quantities, materials costs, quotes, markups, etc. B. The cost model breakdown shall show costs organized by Project area, then section, then work element. The cost breakdown will include labor, material, quantities, equipment and subcontract costs for each item. All contingency and escalation factors will be identified. Scope related contingencies will be based on probabilistic assessment of risks and risk costs for the Project. C. The cost model will include both cost details, and a section for summary costs of major cost categories, markups, and contingencies. The proposed cost model breakdown will be presented by Design-Builder for comments and approval by OC SAN. The cost model will be used for the preparation of the Cost Estimate at each of the design milestone deliverables. The model will be regularly available to OC SAN in the interim between formal submittals. Cost Estimate A. The Design-Builder shall develop and submit Project cost estimate updates regularly over the course of Phase 1, with the first submission provided as part of the PDR and then updated with each subsequent design milestone deliverable. A cost trending log shall be provided whenever there is a major design change or new information materially affecting Project costs. B. Cost estimate updates are to be provided on an iterative, progressive basis as design details are developed. The cost trending log will also be maintained on a biweekly basis to reflect substantive design changes to the preceding update. Incremental cost estimates between milestones may take the form of additions and deductions to the previous full estimate. All incremental updates should then be incorporated into the next full estimate. C. Design-Builder and OC SAN will meet and confer about each cost estimate submission, with Design- Builder identifying the evolution of the costs from the previous estimate (if any). The Design- Builder will revise the cost estimate submittals as needed in response to OC SAN’s comments and incorporate responses into the subsequent cost estimate submittal. D. The cost estimates will be organized by Project area, then section, then work element and broken out into Construction Standards Institute divisions to facilitate transparency of the estimate. Each estimate will include a log of additive or deductive changes from the previous cost estimate submission, with a description of the basis for changes (e.g., design changes, updated quotes, revised contingencies, etc.). The 60% opinion of probable construction cost estimates will be broken down into commodity codes for the purpose of planning for OC SAN approval prior to submitting the GMP. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 31 of 38 Guaranteed Maximum Price E. Once design has progressed to a degree acceptable to OC SAN, OC SAN will have the authority to direct the Design-Builder to submit a GMP Proposal. A GMP is expected for the Project at approximately the 60% level of design, although earlier or later GMPs for all or a portion of the Project will be considered by OC SAN as described in Subtask 5.3. Multiple GMPs at various levels of design completion, including those in support of early materials purchase or early start construction packages, may be developed by the Design-Builder for consideration by OC SAN. Deliverables: 1. AACE Class 4 (-30%/+50%) OPCC at the PDR Design milestone 2. AACE Class 2 (-15%/+20%) OPCC at the 60% Design milestone 3. Cost Trending Log - Scheduling and Construction Phasing A. The Design-Builder shall prepare a cost-loaded, resource assigned, Critical Path Method (CPM) Project Schedule using Primavera P6 for the duration of the Project. The CPM Schedule shall be consistent with the Design-Builder’s Proposal and shall reflect all Project activities in accordance with the approved Work Breakdown Structure. B. The Design Bulder shall submit a Draft Baseline Schedule within 30 days of the Notice to Proceed. The Baseline Schedule shall provide detailed scheduling for all Phase 1 activities and high-level scheduling (i.e., major activities and milestones) for Phase 2. C. The Phase 1 schedule shall, at a minimum, include: 1. All workshops and significant meetings. 2. Development, submission, and review timelines for all Phase 1 deliverables, including PDR, 60% and 100% Issue for Construction design submittals. 3. Activities associated with investigation planning, field work, evaluations, and preparation of deliverables. 4. Timeframes for OC SAN review periods, assumed to be twenty (20) working days for plans, reports, and memorandums, and twenty (20) working days for design submittals and GMP reviews. 5. Expected duration for GMP negotiations. 6. Integration of additional schedules and scope changes throughout the Project. D. At the GMP Design Deliverable, the schedule shall be updated to include detailed scheduling for the remainder of the Project. E. Each activity within the Primavera P6 schedule shall include, at a minimum: 1. Structured Work Breakdown Structure (WBS) 2. Activity ID aligned with type and work location 3. Activity description quantifying limits of work 4. Logical predecessors and successors Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 32 of 38 5. Activity duration (working or calendar days) 6. Start and finish dates 7. Percent complete 8. Labor resource assignments (required for GMP submission) 9. Activity cost (required for GMP submission) 10. Graphical cost and earned value curves (early/late start and finish) F. The CPM Schedule shall include all necessary logic ties, constraints, and sequencing to accurately represent the Project scope. The initial schedule shall be presented at the Project kick-off meeting and updated monthly throughout the Project duration. G. Schedule updates shall be submitted monthly with the Design-Builder's progress report and at key milestones, including the PDR, 60% Design, and GMP submissions. Updates shall reflect: 1. Planned vs. actual start/finish dates 2. Activity durations and dependencies 3. Major milestones 4. Percent complete 5. Remaining effort 6. Actual costs to date and forecasted costs 7. Earned value analysis 8. A 30-day look-ahead schedule 9. Revision tracking via sequential update numbers H. Schedule updates shall also be submitted following any significant Project changes that impact activities, durations, logic, or key completion dates Deliverables: 2. Draft and Final Baseline Schedule 3. Schedule updates at each major milestone (PDR, 60% Design, GMP) and upon significant Project changes - Guaranteed Maximum Price Submittal and Phase 2 Amendment A. Upon OC SAN’s request, the Design-Builder shall conduct all work necessary to develop, revise, and negotiate its proposed GMP (Proposal in accordance with the requirements of the Progressive Design-Build Contract). A GMP is expected for the Project after the 60% Design submittal. The Design-Builder shall utilize an “open book” approach to develop the GMP Proposal, providing OC SAN with full access to the financial basis for the proposed GMP. (Note: Any Key Firms identified in the submitted Proposal are likewise required to develop costs on an open book basis). These efforts are designed to prepare the documents and estimates as accurately as possible and to keep OC SAN fully informed and involved with the design and cost throughout the development of the GMP Proposal. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 33 of 38 B. The Design-Builder will use the approved cost model for developing cost estimates and produce a GMP proposal for OC SAN’s review and subsequent approval. The Design- Builder will develop the GMP through a combination of cost estimates for self-performed construction, general conditions, final design, and engineering services during construction, and smaller construction items, and targeted subcontractor and/or vendor bidding in a transparent and open-book manner congruent with design development to create an acceptable cost (including contingencies) to which the Design- Builder’s proposed fee and other fixed allocations or allowances will be added for a complete GMP Proposal. Design-Builder contingency included as part of the GMP will be supported by an updated cost and schedule loaded Risk Register. In addition to other Risk Register requirements in this Scope of Work the Risk Register shall have at a minimum: 1. ID number for the risk 2. Risk Originator (entity who originated the risk entry) 3. Title for the risk 4. Description of the risk 5. Risk Area (i.e., Prime Contract, Constructability, Cost Management, Schedule Management) 6. Risk Status (i.e. Open / Closed) 7. Risk Owner (i.e., OC San, Design-Builder) 8. Estimated Value of Unmitigated Risk 9. Probability of Occurrence 10. Probability of Impact 11. Potential Risk Impact (cost and schedule) 12. Risk Mitigation 13. Pricing Strategy (will it be managed via DB Contingency, Allowance, or Owner Contingency) C. While OC SAN anticipates that the GMP Proposal will be requested at approximately the 60% Design stage, the Design-Builder may propose multiple GMPs at an earlier or later stage of design. D. The GMP Proposal shall meet the requirements set forth herein and, in the Progressive Design-Build Contract. E. The GMP Proposal shall (at a minimum) include the items specified below. In the event that an earlier or later Guaranteed Price Proposal is requested, the list below may be modified through negotiation between OC SAN and the Design-Builder. OC SAN reserves the right to request additional documents or information prior to accepting a GMP Proposal. F. Anticipated Requirements for GMP Proposal: 1. Revised 60% Design documents including, but not limited to, plans and specifications and submittals addressing OC SAN comments and any other drawings or specifications necessary to define the baseline design for the GMP Amendment. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 34 of 38 2. Proof of all permits and approvals that the Design-Builder was responsible for obtaining during Phase 1, as identified in the Progressive Design-Build Contract. 3. Identification of construction permits and approvals to be obtained by the Design- Builder during Phase 2. 4. Finalized Design criteria package including performance criteria as jointly developed by Design-Builder and OC SAN. 5. Proposed Design Build Schedule including an accompanying narrative describing key assumptions in the proposed Baseline Design Build Schedule upon which the Base GMP is based on including dates for substantial completion and final completion. 6. Descriptive information on engineering, procurement, materials, construction labor and equipment, design gap narratives, and other services necessary to perform the Design Build work as required under the Progressive Design-Build Contract. 7. The proposed direct cost of work, as defined in the Progressive Design-Build Contract, including contingency, will serve as the basis to which the Design-Builder’s proposed fee and any other fixed allocations or allowances will be added to establish a mutually agreed-upon GMP. Cost of Work for Phase 2 Services shall include all services required for construction of the Project through final completion, using the approved cost model. Supporting documentation for the proposed cost of work of Phase 2 Services shall include, at a minimum: a. Subcontractor and materials vendor bids and quotations. b. Details supporting estimates for self-performed construction work (labor, materials and equipment). c. Expense rates such as mileage charges, per diem for meals and lodging, and personnel vehicle rentals. d. Unburdened rental rates on construction equipment, trailers, storage and staging space and major tools. e. Allowances (where appropriate). f. Labor and expense costs for Engineering construction support consistent with the Phase 2 professional services billing rates included in the Progressive Design-Build Contract. g. Details for any other relevant labor, expense, or other costs. 8. Design-Builder contingency based on probabilistic assessment of risks and cost consequences if realized, weighted for probability of occurring. 9. Details to support the implementation of a GMP delivery of the Project, including the Design-Builder’s fee and any shared savings provisions. Any details which differ from those executed in the Progressive Design-Build Contract should be well-supported and are subject to OC SAN approval. 10. Details to support the possible implementation of a lump sum delivery of the Project, including a lump sum discount on the Design-Builder’s fees. Any details which differ from those submitted in the Proposal should be well-supported and are subject to OC SAN’s approval. Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 35 of 38 11. All other proposed guaranteed price pricing assumptions and clarifications on terms and conditions used not covered in the preceding items in this section. 12. A list of work activities, expenses and fees not included in the guaranteed price which OC SAN may be expected to pay for. G. After delivery of the initial draft GMP Proposal, the Design-Builder will conduct a workshop to present, review, and answer questions about the content of the guaranteed price proposal. The Design-Builder will continue to revise the guaranteed price proposal as needed and conduct additional workshops and meetings as needed to obtain OC SAN approval. H. Upon acceptance of the GMP Proposal, all documents upon which the guaranteed price proposal is based shall be considered contract documents and shall serve as the basis for the remaining design work and construction. I. OC SAN shall have the sole authority to determine whether the Project will be completed with the use of a GMP or a Lump Sum as the basis for payment. J. After OC SAN acceptance of a proposed guaranteed price, the Design-Builder and OC SAN shall negotiate and finalize a GMP Amendment in accordance with the requirements of the Progressive Design-Build Contract. Deliverables: 1. A GMP Proposal assumed to be delivered following the 60% Design Milestone as well as an Early GMP deliverable. ARTICLE 2 - GENERAL REQUIREMENTS Design-Builder shall refer to and adhere to the requirements of OC SAN Safety Standards, Exhibit 17 - OC SAN Engineering Design Guidelines and Standards, any deviations to the Engineering Design Guidelines listed below, and other OC SAN’s Design Standards referenced therein. 2. GENERAL A. The Engineering Design Guidelines define what design concepts/tools/methods and project management requirements shall be adhered to and in what manner they shall be used/provided by Design-Builder, e.g., requirements regarding design concepts, submittals, documentation details, use of OC SAN Master Specifications, and other related OC SAN Standards, etc. B. OC SAN periodically updates documents such as OC SAN Safety Standards, OC SAN Engineering Design Guidelines (inclusive of all attachments) and other OC SAN Design Standards. The Design-Builder shall follow subsequent revisions up to transmittal by OC SAN of comments on the PDR, and revisions up to this point in time shall be incorporated into the Design by Design-Builder with no increase in Design-Builder’s Phase 1 fee. C. The Design-Builder shall not begin editing the project specifications until the project team meets with OC SAN’s Design Standards Custodian to discuss and receive comments regarding the Design-Builder’s proposed list of project specifications. This meeting will be used to determine which specifications are to use OC SAN’s master Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 36 of 38 specifications, and where other sources will be utilized. The Design-Builder shall follow subsequent revisions up to transmittal by OC SAN of comments on the PDR, and revisions up to this point in time shall be incorporated into the Design by Design-Builder with no increase in Design-Builder’s Phase 1 fee. 2.1. PROJECT PHASES AND TASKS A. Project tasks and deliverables shall include the requirements described in this Scope of Work. 2.2. CONSTRUCTION SEQUENCING AND CONSTRAINTS A. Design-Builder shall develop with OC SAN staff, and include in the Construction Documents, detailed requirements for construction sequencing and constraints. These shall ensure safe and reliable operation and maintenance of OC SAN facilities. The facilities must be kept on-line and fully operational with minimal interruptions throughout construction. 2.3. WORKING HOURS A. Meetings with OC SAN staff shall be scheduled from Monday through Thursday between the hours of 8:00 AM and 4:00 PM. Any Design-Builder staff working on-site shall conform to OC SAN work schedules and holidays. 2.4. STANDARD DRAWINGS AND TYPICAL DETAILS A. All the details used in the project (OC SAN’s Standard Drawings and Design-Builder -developed typical details) shall be shown on the Plans. 2.5. SOFTWARE A. The Design-Builder is expected to develop and provide the deliverables using the standard software currently approved for use by OC SAN. The standard OC SAN software includes, but is not limited to, the following: 1. Windows Professional 2. Esri software (fGDB, pGDB or shapefile formats) 3. Microsoft Internet Explorer 4. AutoCAD Plant 3D (for P&ID drawings only) 5. Autodesk software (AutoCAD, AutoCAD Map3D or compatible dwg file format) 6. Microsoft Office 7. Maximo 8. Bluebeam Revu eXtreme 9. Primavera P6 for scheduling 10. Innovyze ICM Hydraulic Model 11. Database software as defined elsewhere in the project Scope of Work 12. Windows Professional 13. Esri software (fGDB, pGDB or shapefile formats) 14. Microsoft Internet Explorer Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 37 of 38 15. AutoCAD Plant 3D (for P&ID drawings only) 16. Autodesk software (AutoCAD, AutoCAD Map3D or compatible dwg file format) 17. Microsoft Office 18. Maximo 19. Bluebeam Revu eXtreme 20. Primavera P6 for scheduling 21. Innovyze ICM Hydraulic Model 22. Database software as defined elsewhere in the project Scope of Work B. Any software that the Design-Builder needs to comply with these standards shall be purchased and maintained by the Design-Builder at no additional cost to OC SAN. C. In the event OC SAN provides the Design-Builder with access to OC SAN software and hardware at an OC SAN facility in order to facilitate performance of their work, all software shall remain the property of OC SAN. Only software licensed to OC SAN shall be installed on OC SAN equipment. In addition, only OC SAN IT Department staff will perform the installation of this software. D. Refer to Chapters 10 and 11 and Appendix A of OC SAN Engineering Design Guidelines for requirements on preparation of Criticality Tables and ETAP, SAT, and EID databases. E. Refer to Chapter 11 and Appendix A of OC SAN Engineering Design Guidelines for requirements regarding P&ID drawings. 2.6. SUBMITTAL REVIEW USING BLUEBEAM A. OC SAN has standardized on the use of Bluebeam Revu for reviewing and providing comments to PDF files. PDF files will be hosted in a Bluebeam cloud-based studio session for review. See Exhibit 15 - Bluebeam Designer User Training for a detailed explanation on how Bluebeam will be used to provide, validate, and close submittal review comments. 1. Prior to submitting electronic PDF files, format them as indicated in Exhibit 14 - Bluebeam Designer Training for Submission and “OC SAN CAD Standards Manual” prior to submission. 2. A one-hour training session on the use of Bluebeam and custom status menu will be provided by OC SAN. All Design-Builder team members responsible for quality control and reconciliation of submittal comments shall attend. 3. STAFF ASSISTANCE OC SAN staff member or designee assigned to work with Design-Builder on the design of this project is Omeed Pour at (714) 593-7226, e-mail to: OPour@ocsan.gov. 4. EXHIBITS Exhibit 1 – NOT USED Exhibit 2 – NOT USED Project No. P2-141 Headworks Electrical Distribution Improvements at Plant No. 2 - Phase 1 SOW Page 38 of 38 Exhibit 3 – NOT USED Exhibit 4 – NOT USED Exhibit 5 – NOT USED Exhibit 6 – Quality Control Requirements Exhibit 7 – NOT USED Exhibit 8 – NOT USED Exhibit 9 – NOT USED Exhibit 10 – NOT USED Exhibit 11 – Sample Full Project Safety Review Plan Exhibit 12 – Sample Risk Management Check List Exhibit 13 – NOT USED Exhibit 14 – Bluebeam Designer Training for Submission Exhibit 15 – Bluebeam Designer User Training Exhibit 16 – NOT USED Exhibit 17 – OC SAN Engineering Design Guidelines and Standards – Available online at: https://www.ocsan.gov/document-center/ Exhibit 18 – Project Control Management System Exhibit 19 – Project Reference Material • P2-66 Record Drawings • P2-66 Cable and Conduit Schedule • P2-66 Cable and Conduit Schedule (Excel) • P2-122 Record Drawings • Baseline Single Line Diagrams • MP-509 P2 Headworks Low Voltage Cable Assessment • FR2-0024 Headworks 480V Cable Replacement at Plant No. 2 • FR2-0026R Headworks Phase 3 Cable Replacement at Plant No. 2 Exhibit 20 – NOT USED Exhibit 21 – NOT USED Exhibit 22 – ORT Procedure Examples Exhibit 23 – Pre-FAT Procedure Examples Exhibit 24 – Sample FAT Procedure Exhibit 25 – NOT USED Exhibit 26 – NOT USED Exhibit 27 – NOT USED Exhibit 28 –Cable Conduit and Tray Schedule Examples Exhibit 299 – Design-Builder’s draft schedule ATTACHMENT 3 SPECIAL CONDITIONS PDB – Attachment 3 - Special Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 PDB – Attachment 3 - Special Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page i of i ATTACHMENT 3 SPECIAL CONDITIONS ARTICLE 1 - DEFINITIONS (NOT USED) ..................................................................... 1 ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE (NOT USED) ................................................................................................................. 1 ARTICLE 3 - EXECUTION OF CONTRACT; INSURANCE, BONDS, INDEMNIFICATION (NOT USED) ....................................................................... 1 ARTICLE 4 - CONTROL OF THE WORK ...................................................................... 1 4.1 Staffing of Project ................................................................................... 1 4.2 Design-Builder’s Safety Manager Requirement .................................... 2 ARTICLE 5 - SCOPE OF WORK (NOT USED) ............................................................. 3 ARTICLE 6 - LEGAL RELATIONS AND RESPONSIBILITIES (NOT USED) ............... 3 ARTICLE 7 - COST OF CONSTRUCTION WORK ........................................................ 3 7.1 Design-Builder’s Fee .............................................................................. 3 7.2 Construction Work Performed by Design-Builder ................................ 3 7.3 Self-Performed Construction Work ....................................................... 3 7.4 Subcontracted Construction Work ........................................................ 3 7.5 Shared Cost Savings .............................................................................. 3 7.6 Escalation ................................................................................................ 3 ARTICLE 8 - PROSECUTION OF THE WORK ............................................................. 4 8.1 Point of Delivery ...................................................................................... 4 ARTICLE 9 - PROJECT SITE ........................................................................................ 4 9.1 Design-Builder’s Storage and Staging Area ......................................... 4 ARTICLE 10 - CONTRACT TIME; SCHEDULE ............................................................ 4 10.1 Liquidated Damages ............................................................................... 4 10.2 Delays Caused by Inclement Weather ................................................... 5 ARTICLE 11 - CHANGE IN CONTRACT PRICE, TIME ................................................ 5 11.1 Partnering ................................................................................................ 5 ARTICLE 12 - MEASUREMENT; PAYMENT (NOT USED) .......................................... 5 ARTICLE 13 - TERMINATION; SUSPENSION (NOT USED) ........................................ 5 ARTICLE 14 - MISCELLANEOUS CONTRACT PROVISIONS (NOT USED) ............... 5 PDB – Attachment 3 - Special Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 1 of 5 ARTICLE 1 -DEFINITIONS (NOT USED) ARTICLE 2 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE (NOT USED) ARTICLE 3 -EXECUTION OF CONTRACT; INSURANCE, BONDS, INDEMNIFICATION (NOT USED) ARTICLE 4 -CONTROL OF THE WORK 4.1 Staffing of Project A. Design-Builder’s Representative 1. Design-Builder hereby designates Chris Livingston, or his or her designee, to act as Design-Builder’s Representative. Design-Builder’s Representative shall have full authority to represent and act on behalf of Design-Builder for all purposes under the Contract. Design-Builder’s Representative shall supervise and direct all Work on the Project, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work pursuant to the Contract. Design-Builder may designate new and/or different individuals to act as Design- Builder’s Representative from time to time upon written notice to OC SAN and the express written consent of OC SAN, which such consent may be withheld by OC SAN. If, for whatever reason, Design-Builder’s Representative is replaced and this section is not revised, or no such representative is designated, Design-Builder’s Representative shall be read as applying to Design-Builder. B. OC SAN’s Representative 1. OC SAN hereby designates Omeed Pour or his or her designee, as the person to act as OC SAN’s Representative. OC SAN’s Representative shall be authorized to act as liaison between OC SAN and Design-Builder in the administration of the Contract and all Work on the Project. OC SAN’s Representative shall have the power to act on behalf of OC SAN for all purposes under the Contract. OC SAN may designate new and/or different individuals to act as OC SAN’s Representative from time to time upon written notice to Design-Builder. If, for whatever reason, OC SAN’s Representative is replaced and this section is not revised, or no such representative is designated, OC SAN’s Representative shall be read as applying to OC SAN. C. Designated Key Personnel 1. Design-Builder has been selected to complete the Project in part because of the experience, expertise, training, education, and skill of key individuals. The Key Personnel shall perform the roles and responsibilities of the applicable title. The following individuals are Design-Builder’s Key Personnel, none of whom can be replaced unless previously approved by OC SAN as provided herein: PDB – Attachment 3 - Special Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 2 of 5 Key Personnel Role Key Personnel Name Design-Builder Project Manger Chris Livingston Design-Builder Construction Manager David Manire Design Manager Chris Kindle Key Technical Leads Keene Matsuda Lead Estimator Tony Ruiz Design-Builder Health & Safety Manager Design Builder Start-up and Commissioning Manager Tom Klein Design-Builder Quality Control/Quality Assurance Manager Design-Builder Project Controls Manager D. Removal of Key Personnel 1. Design-Builder acknowledges the quality and qualifications of the Key Personnel were important and material factors in OC SAN’s selection of Design-Builder for the Project. Design-Builder and OC SAN agree that the services of the Key Personnel are a material term of the Contract Documents. Design-Builder will not remove any of its Key Personnel from their respective role on the Project without the express prior written consent of OC SAN. If, for any reason except for death, disability, or voluntary departure by person from employment, an individual identified as Key Personnel ceases to perform the duties of a Key Personnel, OC SAN may terminate the Contract for material breach by Design-Builder. E. Replacing Key Personnel 1. Any Key Personnel change shall be proposed to OC SAN with reasonable advance notice for its review and approval. Upon written notice by OC SAN to Design- Builder, Design-Builder shall replace Key Personnel within sixty (60) Days if Key Personnel fails to perform to the sole satisfaction of OC SAN. Any replacement of Key Personnel shall meet the qualifications in the RFP for the applicable role and OC SAN shall have the sole discretion to determine whether the Key Personnel replacement is qualified. If the Key Personnel replacement is not qualified, as determined in the sole discretion of OC SAN, Design-Builder shall propose a new Key Personnel replacement to OC SAN. Design-Builder shall be responsible for any and all costs related to replacing any Key Personnel, including any costs to acquaint themselves with the Project. Key Personnel for any Key Subcontractor are subject to all conditions in these Contract Documents. 4.2 Design-Builder’s Safety Manager Requirement A. Design-Builder shall assign a Contractor Safety Manager (CSM) to the Project and Design-Builder and the CSM shall comply with the CSM requirements specified in the Contractor Safety Standards. PDB – Attachment 3 - Special Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 3 of 5 ARTICLE 5 - SCOPE OF WORK (NOT USED) ARTICLE 6 - LEGAL RELATIONS AND RESPONSIBILITIES (NOT USED) ARTICLE 7 - COST OF CONSTRUCTION WORK 7.1 Design-Builder’s Fee A. Design-Builder’s Fee. Design-Builder’s Fee shall be fourteen percent (14%). 7.2 Construction Work Performed by Design-Builder A. Self-Perform Amount. Design-Builder shall perform Construction Work on the Project accounting to at least (for Phase 2, TBD) percent of the GMP, but not more than (for Phase 2, TBD) percent of the GMP. 7.3 Self-Performed Construction Work A. Independent Cost Estimate Percentage. Article 7.5(B)(4) shall be replaced with the following: “If Design-Builder’s pricing is within (for Phase 2, TBD) percent of OC SAN’s independent cost estimate, Design-Builder will be allowed to perform the Self- Performed Construction Work.” 7.4 Subcontracted Construction Work A. Non-Competitive Subcontracted Procurement. Article 7.7(C)(1) shall be replaced with the following: “1. Design-Builder may procure Subcontractors without following the above competitive procurement procedures only if: a. The Phase 2 Price is less than (for Phase 2, TBD); or b. If the Phase 2 Price is equal to or greater than (for Phase 2, TBD), the Subcontracted Construction Work is equal to or less than one-half of one percent (0.5%) of the Phase 2 Price.” 7.5 Shared Cost Savings A. If the final accounting of the GMP is less than the GMP as set forth in the GMP Amendment, including all adjustments to the GMP in accordance with the Contract Documents, the difference shall be considered “savings” and shall be shared as follows: fifty percent (50%) to Design-Builder and fifty percent (50%) to OC SAN. 7.6 Escalation A. During Phase 1, Design-Builder shall identify materials and/or equipment incorporated into the Project that may be subject to significant price escalation during the Project and provide ways, such as Early Purchase Items, to mitigate PDB – Attachment 3 - Special Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 4 of 5 such escalation. If Design-Builder identifies certain materials and/or equipment required for the Project that may be subject to significant price escalation during the Work, Design-Builder may request a material escalation clause in a GMP. OC SAN will evaluate whether or not a material escalation clause is appropriate for a GMP by evaluating such things as the Contract Time for the Work, whether the market for the materials and/or equipment is historically volatile and subject to sudden price increases, and OC SAN’s tolerance for taking on escalation risk for the identified materials and/or equipment. If OC SAN decides, in its sole discretion, that a material price escalation provision is appropriate for the Project, OC SAN and Design-Builder will negotiate such a provision as part of the GMP. The material price escalation provision will include certain conditions that Design-Builder would have to demonstrate to receive escalation costs from OC SAN. ARTICLE 8 -PROSECUTION OF THE WORK 8.1 Point of Delivery A. The goods to be furnished by Design-Builder under the Contract shall be delivered to OC SAN at the following location: Plant No. 2, located at 22212 Brookhurst Street, Huntington Beach, CA 92646. ARTICLE 9 -PROJECT SITE 9.1 Design-Builder’s Storage and Staging Area A. The following list shows the site available for Design-Builder’s storage, mobilization area, or staging area. SITE AVAILABLE DATE TBD NTP ARTICLE 10 -CONTRACT TIME; SCHEDULE 10.1 Liquidated Damages A. In accordance with Section 10.3 of the General Conditions, the Parties agree that Design-Builder will pay to OC SAN the sum of $1,600 per day, as Liquidated Damages, and not as a penalty, for each and every calendar day beyond the Final Completion Date that Substantial Completion has not been achieved for the Project or update of the CPM Schedule as required by the General Requirements is so delayed. B. In accordance with Section 10.3 of the General Conditions, the Parties agree that Design-Builder will pay to OC SAN the sum of $1,000 per day, as Liquidated Damages, and not as a penalty, for each and every calendar day beyond the Milestone Date that Final Completion has not been achieved for the Project. Liquidated damages due to delays in achieving a Milestone Date will not be PDB – Attachment 3 - Special Conditions PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 5 of 5 credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines, or the Final Completion Date. 10.2 Delays Caused by Inclement Weather A. For purposes of granting time extensions pursuant to Section 10.2 of the General Conditions resulting from rain more severe than normal which was not foreseeable, Design-Builder and OC SAN agree that the impact of normal rainfall for which Design-Builder is not entitled to a time extension is defined by the number of expected work days of delay (based on a five (5) day work week) caused by normal rainfall. The Contract Time established in the GMP will include inclement weather days when Design-Builder will be unable to work. In scheduling the Work, Design- Builder shall account for the above-referenced number of work days for which the effects of normal rainfall are expected to prevent Work. ARTICLE 11 - CHANGE IN CONTRACT PRICE, TIME 11.1 Partnering A. Dispute Resolution Ladder. At the discretion of OC SAN, the Parties will partner to create a dispute resolution ladder to facilitate open communication and close cooperation that involves both Design-Builder and OC SAN personnel working together for the purpose of establishing a mutually beneficial, proactive, cooperative environment within which to achieve Project objectives, resolve issues, and implement actions as required. The dispute resolution ladder will provide the authority for both Design-Builder and OC SAN personnel at all levels with parameters and procedures for escalating disputes. B. Formal Partnering. Design-Builder and OC SAN shall participate in a partnering process among all members of the Project team. The partnering process will assist OC SAN and Design-Builder to develop a collaborative environment so that communication, coordination, and cooperation are the standard, and to encourage resolution of conflicts at the lowest responsible management level. The objectives of the partnering process are to (1) identify potential problem areas, issues and differences of opinion early, (2) develop and implement procedures for resolving them in order to prevent them from becoming claims, (3) achieve effective and efficient performance and completion of the Work in accordance with the Contract Documents, and (4) create mutual trust and respect for each Party’s respective roles and interests in the Project while recognizing the respective risks inherent in those roles. The partnering process shall take place during the entire length of the Project. A third-party facilitator shall be chosen by OC SAN and Design-Builder that is mutually agreeable to the Parties. Design-Builder shall make all arrangements to hire the facilitator and provide a suitable meeting location for the partnering workshops. ARTICLE 12 - MEASUREMENT; PAYMENT (NOT USED) ARTICLE 13 - TERMINATION; SUSPENSION (NOT USED) ARTICLE 14 - MISCELLANEOUS CONTRACT PROVISIONS (NOT USED) ATTACHMENT 4 DESIGN-BUILDER’S RFP PRICING PDB – Attachment 4 – Design-Builder’s RFP Pricing PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Phase 1 Tasks Original Cost Submitted Total Costs (including Subcontractors) Revised 3/09/26 Task 1 Project Management 1.1 Project Management and Administration 39,400.00$ 39,400.00$ 1.2 Project Management Documents 454,000.00$ 417,900.00$ 1.2.1 PMP 70,000.00$ 67,200.00$ 1.2.2 HASP 26,900.00$ 26,800.00$ 1.2.3 QMP 29,700.00$ 29,600.00$ 1.2.4 Document Management Plan 14,000.00$ 14,000.00$ 1.2.5 Project Schedule 134,700.00$ 121,700.00$ 1.2.6 Risk Management 65,700.00$ 65,600.00$ 1.2.7 Monthly Reporting and PM Meetings 113,000.00$ 93,000.00$ 1.3 Meetings 339,200.00$ 253,500.00$ 1.3.1 Design Standards Custodian Specifications Mtg (1)N/A 1,000.00$ 1.3.2 Prelim. Safety Review Plan Wkshp (1)N/A 3,700.00$ 1.3.3 Risk Register Workshop (1)N/A 3,700.00$ 1.3.4 Kickoff Meeting (1)10,200.00$ 10,600.00$ 1.3.5 Biweekly Progress Meetings (26)213,200.00$ 107,000.00$ 1.3.6 Partnering Meetings (4)86,800.00$ 87,200.00$ 1.3.7 Maintainability Workshops (2)29,000.00$ 39,600.00$ 1.3.8 Bluebeam Submittal Review Training (1)N/A 700.00$ Task 1 Subtotal 832,600.00$ 710,800.00$ Task 2 Field Investigations 2.1 Geotechnical Investigation 225,800.00$ 224,600.00$ 2.1.1 Field Investigations N/A 90,800.00$ 2.1.2 Lab Testing, Geotechnical & Groundwater Analyses N/A 22,900.00$ 2.1.3 Draft Geotechnical Data Report N/A 37,000.00$ 2.1.4 Final Geotechnical Data Report N/A 16,100.00$ 2.1.5 Meetings and Design Support N/A 57,800.00$ 2.2 Utility Investigation (including Potholing)97,700.00$ 96,600.00$ 2.3 Topographic Survey 124,100.00$ 123,100.00$ 2.4 Electrical Investigation 132,500.00$ 107,700.00$ 2.4.1 Field Investigations N/A 89,300.00$ 2.4.2 Cable Conduit Condition Assessment Report N/A 18,400.00$ Task 2 Subtotal 580,100.00$ 552,000.00$ Task 3 Design Development 3.1 Preliminary Design Report 581,000.00$ 597,600.00$ 3.1.1 PDR Drawings 284,300.00$ 300,700.00$ PDR Drawings - Vibration Monitoring 26,900.00$ 3.1.2 Draft PDR Document (incl. Calculations) (Original Cost is BOW)319,494.39$ 164,300.00$ 3.1.3 Final PDR Document (incl. Calculations)67,300.00$ 3.1.4 PDR Meetings (5 Mtgs)38,400.00$ PDR Meetings (0 Mtgs) - Vibration Monitoring (incl. above)-$ 3.2 Procurement Plan 25,400.00$ 25,400.00$ 3.3 60% Design Development 920,800.00$ 953,200.00$ 3.3.1 60% Drawings 625,600.00$ 670,000.00$ 60% Drawings - Vibration Monitoring 26,900.00$ 3.3.2 60% Specifications 53,000.00$ 171,400.00$ 60% Specifications - Vibration Monitoring 10,000.00$ 3.3.3 60% Design Meetings (3) (Original Cost is BOW)242,200.00$ 74,900.00$ 60% Design Meetings (0) - Vibration Monitoring (incl. above)-$ 3.4 GMP Design Deliverable 300,200.00$ 330,900.00$ 3.4.1 GMP Drawings 117,200.00$ 190,900.00$ GMP Drawings - Vibration Monitoring 23,300.00$ 3.4.2 GMP Specifications 47,600.00$ 81,300.00$ GMP Specifications - Vibration Monitoring 8,600.00$ Price Proposal Table 1 The Proposer shall complete the following summary table to propose a price to provide Phase 1 Services in accordance with the Contract Documents, including, but not limited to, Contract General Conditions, scope of work for Phase 1 Services and all applicable requirements of the Contract. Phase 1 Tasks Original Cost Submitted Total Costs (including Subcontractors) Revised 3/09/26 Price Proposal Table 1 The Proposer shall complete the following summary table to propose a price to provide Phase 1 Services in accordance with the Contract Documents, including, but not limited to, Contract General Conditions, scope of work for Phase 1 Services and all applicable requirements of the Contract. 3.4.3 GMP Meetings (2) (Original Cost is BOW)135,400.00$ 26,800.00$ 3.5 100% Issue for Construction 431,000.00$ 451,200.00$ 3.5.1 100% Drawings 136,000.00$ 173,200.00$ 100% Drawings - Vibration Monitoring 22,600.00$ 3.5.2 100% Specifications 52,800.00$ 77,100.00$ 100% Specifications - Vibration Monitoring 6,100.00$ 3.5.3 100% Design Meetings (2)25,200.00$ 100% Design Meetings (0) - Vibration Monitoring (incl. above)-$ 3.5.4 IFC Drawings 64,200.00$ 87,300.00$ IFC Drawings - Vibration Monitoring 11,800.00$ 3.5.5 IFC Specifications 42,000.00$ IFC Specifications - Vibration Monitoring 5,900.00$ 3.5.6 IFC Meetings (0) (Original Cost is BOW)178,000.00$ -$ 5.1 Cost Modelling and Estimates 111,700.00$ 109,300.00$ 5.2 Scheduling and Construction Phasing 68,200.00$ 37,700.00$ 5.3 Guaranteed Maximum Price Submittal and Phase 2 Amendment 137,000.00$ 134,100.00$ 5.3.1 GMP Proposals (2)92,600.00$ 5.3.2 GMP Meetings/Workshops (8)41,500.00$ Task 6 [Description] Task 7 [Description] Vibration Monitoring addition:N/A 142,100.00$ ATTACHMENT 5 PERFORMANCE BOND (For Phase 2 - TBD) PDB – Attachment 5 - Performance Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 PDB – Attachment 5 - Performance Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 1 of 4 ATTACHMENT 5 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, Orange County Sanitation District (“OC SAN”) has awarded to , (“Design-Builder”) an agreement for (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Design-Builder is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Design-Builder is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, , the undersigned Design-Builder and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto OC SAN in the sum of dollars, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Design-Builder, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless OC SAN, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by OC SAN in enforcing such obligation. The obligations of Surety hereunder shall continue so long as any obligation of Design- Builder remains. Nothing herein shall limit OC SAN’s rights or the Design-Builder or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. PDB – Attachment 5 - Performance Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 2 of 4 Whenever Design-Builder shall be, and is declared by OC SAN to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at OC SAN’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; (2) Obtain a Bid or Bids for completing the Project in accordance with all terms and conditions in the Contract Documents and arrange for a Contract between such Bidder, the Surety, and OC SAN, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Design-Builder by OC SAN under the Contract and any modification thereto, less any amount previously paid by OC SAN to the Design-Builder and any other set offs pursuant to the Contract Documents; or (3) Permit OC SAN to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Design-Builder by OC SAN under the Contract and any modification thereto, less any amount previously paid by OC SAN to the Design-Builder and any other set offs pursuant to the Contract Documents. Surety expressly agrees that OC SAN may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Design- Builder. Surety shall not utilize Design-Builder in completing the Project nor shall Surety accept a Bid from Design-Builder for completion of the Project if OC SAN, when declaring the Design- Builder in default, notifies Surety of OC SAN’s objection to Design-Builder’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract Documents or to the Project. PDB – Attachment 5 - Performance Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 3 of 4 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 . Design-Builder By: Surety By: Attorney-in-Fact The rate of premium on this bond is per thousand. The total amount of premium charges, $ . (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. PDB – Attachment 5 - Performance Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 4 of 4 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ◻ Individual ◻ Corporate Officer Title(s) Title or Type of Document ◻ Partner(s) ◻ Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above ATTACHMENT 6 PAYMENT BOND (LABOR AND MATERIALS) (For Phase 2 – TBD) PDB – Attachment 6 - Payment Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 PDB – Attachment 6 - Payment Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 1 of 3 ATTACHMENT 6 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Orange County Sanitation District (“OC SAN”), has awarded to , hereinafter designated as the “Principal,” a contract (“Contract”) for the work described as follows: (“Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and are held and firmly bound unto OC SAN in the penal sum of as Surety, dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by OC SAN in such suit, including reasonable attorneys’ fees, court costs, expert witness fees, and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or PDB – Attachment 6 - Payment Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 2 of 3 attempted rescission or attempted rescission of the contract, agreement, or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of Contract between the owner or OC SAN and original design-builder or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Design-Builder By: (Seal of Surety) Surety By: Attorney-in-Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. PDB – Attachment 6 - Payment Bond PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 Page 3 of 3 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ◻ Individual ◻ Corporate Officer Title(s) Title or Type of Document ◻ Partner(s) ◻ Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above ATTACHMENT 7 GENERAL REQUIREMENTS PDB – Attachment 7 - General Requirements PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 GENERAL REQUIREMENTS Project P2-141 GENERAL REQUIREMENTS PAGE 1 GENERAL REQUIREMENTS Table of Contents GENERAL REQUIREMENTS ........................................................................................ 1 GENERAL ...................................................................................................................... 6 GR-1 ABBREVIATIONS ............................................................................................. 6 GR-2 REFERENCES .................................................................................................. 9 CONTRACT DOCUMENTS ........................................................................................... 9 GR-3 ISSUANCE OF PLANS AND SPECIFICATIONS ................................................. 9 GR-4 DIVISIONS OF SPECIFICATIONS ...................................................................... 9 DESIGN-BUILDER’S RESPONSIBILITIES .................................................................. 10 GR-5 GENERAL ....................................................................................................... 10 GR-6 ENVIRONMENTAL CONTROL ........................................................................ 10 A. General ......................................................................................................................... 10 B. Noise Control ................................................................................................................ 11 C. Environmental Compliance ........................................................................................... 11 D. Truck and Bus ............................................................................................................... 13 E. Portable Equipment ...................................................................................................... 13 F. Fueling of Engine-Driven Equipment ............................................................................ 14 G. Volatile Organic Compounds (VOC) ............................................................................. 14 H. Abrasive Blasting .......................................................................................................... 16 I. Fugitive Dust ................................................................................................................. 16 J. Odor Control ................................................................................................................. 16 K. Housekeeping and Rubbish Control ............................................................................. 17 L. Sanitation ...................................................................................................................... 17 M. Drinking Water .............................................................................................................. 18 N. Chemicals ..................................................................................................................... 18 O. Paint and Surface Coatings Notification ........................................................................ 18 P. Soils, Soil borings and Soil-Related Waste Disposal .................................................... 18 Q. Asbestos ....................................................................................................................... 19 R. Hazardous Waste.......................................................................................................... 20 S. Explosives for Blasting .................................................................................................. 20 T. Protection of Wildlife ..................................................................................................... 20 U. Groundwater Dewatering. ............................................................................................. 21 V. Construction Site Storm Water Management ............................................................... 21 W. Waterway Protection ..................................................................................................... 23 X. Field Monitoring, Documentation and Restoration ........................................................ 24 Y. Protecting Archaeological and Cultural Resources ....................................................... 24 Z. Discovery of Human Remains ...................................................................................... 24 AA. Recycling of Materials for Collection System Projects .................................................. 24 GR-7 WORKING HOURS/OC SAN BUSINESS HOURS ............................................ 25 GR-8 PERMITS ........................................................................................................ 25 GR-9 PUBLIC CONVENIENCE AND ACCESS ........................................................... 25 GR-10 ADVANCE NOTIFICATION FOR PLANT SHUTDOWN ..................................... 27 GENERAL REQUIREMENTS Project P2-141 PAGE 2 GR-11 ADVANCE NOTIFICATION TO AGENCIES ...................................................... 28 GR-12 REMOVAL OF OBSTRUCTIONS..................................................................... 28 GR-13 SALVAGE AND REMOVAL OF EXISTING EQUIPMENT ................................... 29 GR-14 MAINTENANCE OF EXISTING IMPROVEMENTS ............................................ 29 GR-15 TEMPORARY FACILITIES ............................................................................... 30 GR-16 SEISMIC DESIGN AND CONSTRUCTION ....................................................... 30 GR-17 EQUIPMENT START-UP REQUIREMENTS ..................................................... 31 GR-18 MEETINGS ..................................................................................................... 31 GR-19 TRAINING ....................................................................................................... 31 GR-20 RESERVED GR-21 PROJECT INFORMATION SIGNS .................................................................... 31 CONTROL OF MATERIALS ......................................................................................... 32 GR-22 MATERIAL AND EQUIPMENT ......................................................................... 32 GR-23 STANDARDS .................................................................................................. 32 GR-24 MATERIAL SAMPLES AND TESTS .................................................................. 33 GR-25 EQUIPMENT TESTING .................................................................................... 33 GR-26 SHIPPING, STORAGE AND HANDLING OF MATERIALS AND EQUIPMENT ... 35 GR-27 DEFECTIVE MATERIALS AND EQUIPMENT ................................................... 35 GR-28 EQUIPMENT SERVICE MANUALS .................................................................. 36 CONTROL OF WORK .................................................................................................. 36 GR-29 INSPECTION .................................................................................................. 36 GR-30 SUBMITTAL PROCEDURES ........................................................................... 37 A. General ........................................................................................................................ 37 B. Electronic Format/Submittal Identification System ...................................................... 38 C. Uploading Submittals ................................................................................................... 38 D. Hard Copy Format ....................................................................................................... 38 E. Submittal Transmittal ................................................................................................... 39 GR-31 SHOP DRAWING SUBMITTALS ...................................................................... 39 A. General ........................................................................................................................ 39 B. Shop Drawing Review ................................................................................................. 40 C. Shop Drawing Review Period ...................................................................................... 40 D. Shop Drawing Submittal Return Status ....................................................................... 41 E. DESIGN-BUILDER Approval ....................................................................................... 42 F. Field Measurements and Data Sheets ........................................................................ 42 G. Spare Parts ................................................................................................................. 43 GR-32 SUPPLEMENTAL DRAWINGS AND INSTRUCTIONS ...................................... 43 GR-33 EQUIPMENT AND INSTRUMENT DATABASE ................................................. 44 GR-34 AS-BUILT DRAWINGS .................................................................................... 44 Project P2-141 GENERAL REQUIREMENTS PAGE 3 A. General ........................................................................................................................ 44 B. Required markings ...................................................................................................... 44 C. Marking content and format ......................................................................................... 45 D. Update and Review of As-Built Drawings .................................................................... 46 GR-35 METHODS AND APPLIANCES ........................................................................ 47 GR-36 SURVEY ......................................................................................................... 48 A. General ........................................................................................................................ 48 B. Treatment Plant Work .................................................................................................. 48 C. Trunk line Work, Outside Treatment Plant Boundaries ............................................... 49 D. Preservation of Survey Work ....................................................................................... 49 GR-37 CONSTRUCTION ACCESS AND COORDINATION. ......................................... 49 A. Access ......................................................................................................................... 49 B. General Coordination .................................................................................................. 50 C. Coordination Between OC SAN Contractors ............................................................... 50 D. Coordination Between OC SAN Design-Builder and Others or their Contractors .... 50 E. Coordination Between OC SAN Design-Builder and OC SAN Employees ................. 51 F. Reports to OC SAN ..................................................................................................... 51 G. Coordination Meetings ................................................................................................. 52 GR-38 PLANT ACCESS ROADS ................................................................................. 52 GR-39 RIGHT-OF-WAY............................................................................................... 52 GR-40 CONCURRENT WORK UNDER SEPARATE CONTRACT ................................ 52 GR-41 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK .............................. 53 GR-42 RESTORATION OF SURFACES ...................................................................... 53 GR-43 FINAL CLEANUP ............................................................................................. 54 GR-44 CLOSEOUT PROCEDURES ........................................................................... 55 A. Final Submittal ............................................................................................................. 55 B. Final Completion .......................................................................................................... 55 SAFETY ....................................................................................................................... 55 GR-45 GENERAL ........................................................................................................ 55 GEOTECHNICAL CONSIDERATIONS ........................................................................ 56 GR-46 RESERVED GR-47 RESERVED DEWATERING ............................................................................................................. 56 GR-48 GENERAL ....................................................................................................... 56 GR-49 GROUNDWATER LEVEL ................................................................................. 56 GR-50 SUBMISSIONS FOR REVIEW .......................................................................... 56 GR-51 DEWATERING AREAS ..................................................................................... 57 GR-52 PROTECTION OF FOUNDATIONS AND EXISTING FACILITIES ....................... 58 GR-53 DISPOSAL OF GROUNDWATER. ................................................................... 58 PROTECTION AND/OR RELOCATION OF UTILITIES ............................................... 58 GR-54 GENERAL ........................................................................................................ 58 GENERAL REQUIREMENTS Project P2-141 PAGE 4 GR-55 BY OC SAN (AS SPECIFIED) .......................................................................... 59 GR-56 BY DESIGN-BUILDER (AS SPECIFIED) ........................................................... 59 GR-57 BY DESIGN-BUILDER – SERVICE CONNECTIONS – TRUNK SEWER CONTRACTS ONLY ..................................................................................................... 60 GR-58 BY DESIGN-BUILDER FOR ITS CONVENIENCE ............................................. 60 GR-59 BY DESIGN-BUILDER OR OTHERS – UNKNOWN UTILITIES DURING CONTRACT WORK ..................................................................................................... 60 GR-60 ADVANCE NOTIFICATION AND EXPOSURE OF UTILITIES – IN ADVANCE OF WORK .................................................................................................................... 62 GR-61 DESIGN-BUILDER RESPONSIBILITY.............................................................. 62 MISCELLANEOUS ....................................................................................................... 62 GR-62 OC SAN-FURNISHED POWER AND WATER AT PLANTS NO. 1 AND NO. 2 ............................................................................................................................ 62 GR-63 OC SAN-FURNISHED, DESIGN-BUILDER-INSTALLED PRODUCTS ............... 63 Project P2-141 GENERAL REQUIREMENTS PAGE 5 GENERAL GR-1 ABBREVIATIONS The following abbreviations are used in the Specifications and other Construction Documents. The words represented by the abbreviations are as follows: AA ..................................................................................................... Aluminum Association AABC ................................................................................. Associated Air Balance Council AAMA ................................................... American Architectural Manufacturers Association AASHTO .................. American Association of State Highway and Transportation Officials ACI .......................................................................................... American Concrete Institute ACGIH ..................................American Conference of Governmental Industrial Hygienists AEIC ........................................................... Association of Edison Illuminating Companies AF&PA ..................................................................... American Forest & Paper Association ABMA .......................................................... American Bearing Manufacturers Association AGA ........................................................................................... American Gas Association AGMA ............................................................... American Gear Manufacturers Association AI ................................................................................................................ Asphalt Institute AIHA .................................................................... American Industrial Hygiene Association AIA ...................................................................................... American Institute of Architects AISC ..................................................................... American Institute of Steel Construction AISI .................................................................................. American Iron and Steel Institute AITC .................................................................. American Institute of Timber Construction ALSC ..................................................................... American Lumber Standard Committee AMCA .................................................................. Air Moving and Conditioning Association ANLA ............................................................. American Nursery & Landscape Association ANSI ........................................................................ American National Standards Institute APA ................................................................... APA - The Engineered Wood Association API ......................................................................................... American Petroleum Institute APWA .......................................................................... American Public Works Association AREMA ...................American Railway Engineering and Maintenance-of-Way Association ASCE .......................................................................... American Society of Civil Engineers ASHRAE ...... American Society of Heating, Refrigerating, and Air Conditioning Engineers ASME .............................................................. American Society of Mechanical Engineers ASSE ....................................................................... American Society of Safety Engineers ASTM ................................................................................................... ASTM International AWI ................................................................................... Architectural Woodwork Institute AWC .............................................................................................. American Wood Council AWPA .................................................................... American Wood Protection Association AWS .......................................................................................... American Welding Society AWWA ......................................................................... American Water Works Association BHMA ......................................................... Builders Hardware Manufacturers Association BICSI ..................................................... Building Industry Consulting Service International BLS ..................................................................................... U.S. Bureau of Labor Statistics Caltrans ................................................................ California Department of Transportation Cal/OSHA ............. CA occupational safety and health regulations administered by DOSH CARB ................................................................................. California Air Resources Board CASQA .............................................................. California Stormwater Quality Association CCC .................................................................................... California Coastal Commission CDFG ...................................................................................... CA Dept. of Fish and Game GENERAL REQUIREMENTS Project P2-141 PAGE 6 CEQA ......................................................................... California Environmental Quality Act CHSP ............................................................................................... Chino Hills State Park CISCA ............................................. Ceilings & Interior Systems Construction Association CISPI ........................................................................................ Cast Iron Soil Pipe Institute CMAA ........................................................... Crane Manufacturers Association of America CPUC ....................................................................... California Public Utilities Commission CRA .................................................................................. California Redwood Association CRSI ............................................................................ Concrete Reinforcing Steel Institute CSA ................................................................................. Canadian Standards Association CSI ............................................................................. Construction Specifications Institute CTIOA ............................................................................. Ceramic Tile Institute of America DHI ......................................................................................... Door and Hardware Institute DIPRA ................................................................... Ductile Iron Pipe Research Association DOGGR .............. CA Dept. of Conservation, Div. of Oil, Gas, and Geothermal Resources DOSH ............. CA Dept. of Industrial Relations, Div. of Occupational Safety and Health DOT .............................................................................. U.S. Department of Transportation EIA ......................................................................................... Electronic Industries Alliance EPA ........................................................................ U.S. Environmental Protection Agency ETL ..................................................................................................... Intertek ETL SEMKO FAA ................................................................................... Federal Aviation Administration FCCCHR ............ Foundation of Cross-Connection Control and Hydraulic Research, USC FCI ................................................................................................... Fluid Controls Institute FM ................................................................................................................. FM Approvals GA ...................................................................................................... Gypsum Association GANA .......................................................................... Glass Association of North America HI ............................................................................................................. Hydraulic Institute IAPMO .............................. International Association of Plumbing and Mechanical Officials ICBO ............................................................. International Conference of Building Officials ICC… .................................................................................. International Code Council ICEA ....................................................................... Insulated Cable Engineers Association IEEE ......................................................... Institute of Electrical and Electronics Engineers IESNA ................................................... Illuminating Engineering Society of North America IGMA .................................................................... Insulating Glass Manufacturers Alliance ITI ........................................................................ Information Technology Industry Council ISA ....................................................................................... Instrument Society of America ISEA ................................................................ International Safety Equipment Association MCCA ..................................................... Measurement, Control & Automation Association MHI ............................................................................................. Material Handling Institute MSS ................. Manufacturers Standardization Society of The Valve and Fittings Industry NASSCO ............................................. National Association of Sewer Service Companies NAAMM .................................... National Association of Architectural Metal Manufacturers NACE ................................................................................................... NACE International NAICS ....................................................... North American Industry Classification System NAPF ............................................................. National Association of Pipe Fabricators NCPI ......................................................................................... National Clay Pipe Institute NEIS .................................................................... National Electrical Installation Standards NEBB ................................................................. National Environmental Balancing Bureau NEC ............................................................................................... National Electrical Code NECA .............................................................. National Electrical Contractors Association Project P2-141 GENERAL REQUIREMENTS PAGE 7 NEMA .......................................................... National Electrical Manufacturers Association NETA ................................................................ International Electrical Testing Association NFPA .......................................................................... National Fire Protection Association NHLA .................................................................... National Hardwood Lumber Association NIST ......................................................... National Institute of Standards and Technology NOAA ........ National Oceanic and Atmospheric Administration (U.S. Dept. of Commerce) NPDES ................................................... National Pollutant Discharge Elimination System NRCA ................................................................ National Roofing Contractors Association NSF ......................................................................................................... NSF International OCIP .......................................................... OC SAN Owner Controlled Insurance Program OCHCA ......................................................................Orange County Health Care Agency OC SAN ......................................................... Orange County Sanitation District, California OCFA .................................................................. Orange County Fire Authority, California OCTA ................................................. Orange County Transportation Authority, California OSHA ................................................ U.S. Occupational Safety and Health Administration PCA ....................................................................................... Portland Cement Association PCI ....................................................................... Precast / Prestressed Concrete Institute PPI ..................................................................................................... Plastics Pipe Institute RCRA ............................................................... Resource Conservation and Recovery Act RCSC ........................................................... Research Council on Structural Connections RIS ........................................................... Redwood Inspection Service, a division of CRA RWQCB ................................................................... Regional Water Quality Control Board SAE ......................................................................................................... SAE International SCAQMD ...................................................... South Coast Air Quality Management District SCE .......................................................................................... Southern California Edison SGCC .......................................................................... Safety Glazing Certification Council SLC ...................................................................................... CA, State Lands Commission SMACNA ................... Sheet Metal and Air Conditioning Contractors' National Association SPIB ............................................................................... Southern Pine Inspection Bureau SSPC .................................................................................. Society for Protective Coatings SPPWC ...................................................... Standard Plans for Public Works Construction SSPWC ......................................... Standard Specifications for Public Works Construction SWPA ........................................................... Submersible Wastewater Pumps Association SWRCB ................................................................... State Water Resources Control Board TIA ..................................................................... Telecommunications Industry Association TCNA .................................................................................... Tile Council of North America ULC .......................................................................... Underwriters Laboratories of Canada UL ............................................................................................... Underwriters Laboratories USA ....................................................... Underground Service Alert of Southern California USACE ................................................................................ U.S. Army Corps of Engineers USCC ............................................................................................ US Composting Council USDC ................................................................................ U. S. Department of Commerce U.S. EPA ................................................................ U.S. Environmental Protection Agency U.S. FWS .............................................................................. U.S. Fish and Wildlife Service USGS .............................................................................. United States Geological Survey WATCH ..................................................................... Work Area Traffic Control Handbook WCLIB ................................................................... West Coast Lumber Inspection Bureau WDMA ......................................................... Window and Door Manufacturers Association WI .......................................................................................................... Woodwork Institute WRI ........................................................................................ Wire Reinforcement Institute GENERAL REQUIREMENTS Project P2-141 PAGE 8 WWCCA .................................................. Western Wall & Ceiling Contractors Association WWPA ....................................................................... Western Wood Products Association GR-2 REFERENCES The Construction Documents contain references to various standards, standard specifications, codes, practices and requirements for products, execution, tests, and inspections. These reference standards are published and issued by the agencies, associations, organizations, and societies listed in this section or identified in individual product specification sections. Such references are incorporated into and made a part of the Construction Documents to the extent applicable to the Work. DESIGN-BUILDER shall obtain and maintain at the worksite copies of reference standards identified in the Construction Documents to properly execute the Work. At a minimum, the following shall be readily available at the site, as applicable to the Work: • Local and state building codes. • Safety Codes: State of California Industrial Safety Codes and regulations and Occupational Safety and Health Act (OSHA) regulations. • Research Reports: ICC Evaluation Service (ICC-ES) Reports, ICBO Evaluation Service (ICBO-ES) Research Reports and CABO National Evaluation Service Reports (NER), for products not in conformance to prescribed requirements stated in building codes. • Product Listings: Approval documentation, indicating approval of authorities having jurisdiction for use of product within the applicable jurisdiction. • “Greenbook”, Standard Specifications for Public Works Construction and the Supplements, the latest editions at the time of the Bid. CONSTRUCTION DOCUMENTS GR-3 ISSUANCE OF PLANS AND SPECIFICATIONS The DESIGN-BUILDER shall furnish to OC SAN’S REPRESENTATIVE, free of charge, up to ten (10) sets each of the Construction Documents for OC SAN’s use in monitoring the Work. The DESIGN-BUILDER shall keep a copy of the Construction Documents at the worksite and shall, at all times, provide the OC SAN’S REPRESENTATIVE with access thereto. Any additional or updated plans or specifications developed by the DESIGN BUILDER in the course of the Work shall also be considered as Construction Documents and shall be kept at the worksite for reference with copies furnished promptly to OC SAN’S REPRESENTATIVE. GR-4 DIVISIONS OF SPECIFICATIONS The Technical Specifications are a part of the Specifications, and consist of Divisions 01 through 17, as defined in the General Conditions. The format of the Specification sections is similar to that of the Construction Specifications Institute (CSI) specification sections. Project P2-141 GENERAL REQUIREMENTS PAGE 9 The organization of the Specifications into divisions, sections, parts, and paragraphs shall not control or limit the DESIGN-BUILDER in dividing Work among Subcontractors of any tier, except where contractor licensure is required. The DESIGN-BUILDER shall be solely responsible for all subcontract arrangements of Work regardless of the organization of the Specifications. DESIGN BUILDER’S RESPONSIBILITIES GR-5 GENERAL Until the Final Completion of the Work by OC SAN, the DESIGN-BUILDER shall have full legal responsibility for the charge, care, and protection for the Work, the worksite, and of the materials to be used therein, including materials for which the DESIGN- BUILDER has received full or partial payment and/or materials which have been furnished by OC SAN. The DESIGN-BUILDER shall bear the risk of injury, loss, or damage to any part thereof by the action of the natural elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The DESIGN BUILDER shall rebuild, repair, restore, and be responsible for all injuries, losses, or damages to any portion of the Work or to the materials occasioned by any cause through the end of the warranty period, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the DESIGN- BUILDER shall (at the risk and expense of the DESIGN-BUILDER) provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time for any cause shall not relieve the DESIGN-BUILDER of responsibility for the time and materials as herein specified. The DESIGN-BUILDER shall maintain all equipment in accordance with the manufacturer’s recommendations. Upon Beneficial Occupancy or Final Completion, the DESIGN-BUILDER will be relieved of the duty of maintaining (unless a longer maintenance requirement is specified) and responsibility for injury or damage to said completed portions of the Work resulting from use by or from the action of the elements or from any other cause, but not from injury or damage resulting from the DESIGN-BUILDER’s own operations or negligence. Nothing in this section providing for relief from maintenance and responsibility shall be construed as relieving the DESIGN-BUILDER of full responsibility for correcting defective Work or materials found at any time before the end of the warranty period and/or special extended warranty. GR-6 ENVIRONMENTAL CONTROL A. General The DESIGN-BUILDER shall comply with all federal, state, and local environmental regulations and the environmental requirements set forth in the Specifications, whichever is most stringent. Additional requirements may be found in other sections. GENERAL REQUIREMENTS Project P2-141 PAGE 10 The DESIGN-BUILDER shall be responsible for costs incurred as a result of Project delays due to DESIGN-BUILDER violations of federal, state, and local environmental regulatory requirements. The DESIGN-BUILDER shall be solely responsible for any Notices of Violations, penalties, or actions by SCAQMD, RWQCB, CARB, EPA, or other agency alleging violation of federal, state, and local air quality or other regulatory requirements issued with respect to any activity of the DESIGN-BUILDER, whether the same is issued to the DESIGN-BUILDER, Subcontractor, or OC SAN. B. Noise Control Work hours are as stated in the General Requirements under the section entitled “Length of Workday and Workweek / Prevailing Wage.” Changes to work hours may require the use of noise control measures. All equipment used during construction shall be muffled and maintained in good operating condition. All internal combustion engine driven equipment shall be fitted with intake and exhaust mufflers that are in good condition. Back up bells on equipment may only be operated between 7:00 a.m. and 5:00 p.m. Air compressors and diesel fueled engine operation will not be permitted between 5:30 p.m. and 7:00 a.m. Unless otherwise directed by the OC SAN’S REPRESENTATIVE, temporary generators will be permitted to operate between 7:00 a.m. and 5:00 p.m. providing that the generator noise level shall not exceed 85 dB at 3 feet. For projects not located on OC SAN property, noise control shall comply with the authority having jurisdiction where the Work is being performed. C. Environmental Compliance The DESIGN-BUILDER shall comply with all federal, state, and local environmental laws, regulations, and policies which apply to the DESIGN-BUILDER, its Subcontractors, and the Project, including, but not limited to, all applicable federal, state, and local air pollution control laws and regulations. Air Quality Statement of Compliance 1. The DESIGN-BUILDER shall confirm that all Work by the DESIGN-BUILDER or its Subcontractors at the worksite complies with all applicable air quality regulatory requirements by submitting to OC SAN by February 1st of each year or when requested by the OC SAN’S REPRESENTATIVE a company letterhead letter signed by the DESIGN-BUILDER’s responsible officer containing the following certification statement: “I certify that all equipment owned or operated by {name of company} or its subcontractors, and all work performed by {name of company} or its subcontractors at the OC SAN facilities has been in compliance with the air quality rules, regulations, permit conditions, and laws of the SCAQMD, CARB, and EPA with the exception of any non-compliance events for which {name of company} has taken immediate actions to regain compliance and has provided the necessary reports, as required by the abovementioned regulatory organizations. I, Project P2-141 GENERAL REQUIREMENTS PAGE 11 the undersigned, have personally examined the necessary relevant information and have undertaken positive efforts to assure the above statement is true.” 2. Some regulations which may be pertinent are: a. For uses of Coatings, Solvents, and Adhesives (1) SCAQMD Rule 109 – Recordkeeping for Volatile Organic Compound Emissions (2) SCAQMD Rule 442 – Usage of Solvents (3) SCAQMD Rule 481 – Spray Coating Operations (4) SCAQMD Rule 1107 – Coating of Metal Parts and Products (5) SCAQMD Rule 1113 – Architectural Coatings (6) SCAQMD Rule 1122 – Solvent Degreasers (7) SCAQMD Rule 1143 - Consumer Paint Thinners and Multi-Purpose Solvents (8) SCAQMD 1162 - Polyester Resin Operations (9) SCAQMD Rule 1168 – Adhesive and Sealant Applications (10) SCAQMD Rule 1171 – Solvent Cleaning Operations (11) Title 17, California Code of Regulations, Sections 94520-94528 – Reducing Volatile Organic Compound Emissions from Aerosol Coating Products b. For General Construction (1) SCAQMD Rule 203 – Permit to Operate (2) SCAQMD Rule 206 – Posting of Permit to Operate (3) SCAQMD Rule 301 – Permitting and Associated Fees (4) SCAQMD Rule 401 – Visible Emissions (5) SCAQMD Rule 402 – Nuisance (6) SCAQMD Rule 403 – Fugitive Dust (7) SCAQMD Rule 431.2 – Sulfur Content of Liquid Fuels (8) SCAQMD Rule 461 – Gasoline Transfer and Dispensing (9) SCAQMD Rule 461.1 - Gasoline Transfer and Dispensing for Mobile Fueling Operations c. For Special Cases (1) SCAQMD Rule 1140 – Abrasive Blasting (2) SCAQMD Rule 1403 – Asbestos Emissions from Demolition/Renovation Activities (3) SCAQMD Rule 1166 – Volatile Organic Compound Emissions from Decontamination of Soil d. Contractor Equipment (1) SCAQMD Rule 1110.2 – Emissions from Gaseous and Liquid-Fueled Engines (2) Title 13, California Code of Regulations, Sections 2450-2465 – Statewide Portable Equipment Registration (3) Title 13, California Code of Regulations, Section 2485 – Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling GENERAL REQUIREMENTS Project P2-141 PAGE 12 (4) Title 13, California Code of Regulations, Sections 93116-93116.5 – Airborne Toxic Control Measure for Portable Diesel-Fueled Engines (5) Title 13, California Code of Regulations, Sections 2775-2775.2 - Large Spark-Ignition (LSI) Engine Fleet Requirements Regulation (6) Title 13, California Code of Regulations, Sections 2449-2449.2 - Regulation for In-Use Off-Road Diesel-Fueled Fleets (7) Title 13, California Code of Regulations, Section 2025 - Regulation to Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and Other Criteria Pollutants from In-Use Heavy-Duty Diesel-Fueled Vehicles. (Truck and Bus Regulation) (8) Title 13, California Code of Regulations, Sections 2195-2199.2 - Heavy- Duty Vehicle Inspection and Maintenance Program (Clean Truck Check) (9) Title 13, California Code of Regulations, Sections 2013-2015.6 – Advanced Clean Fleets Regulation D. Truck and Bus During construction, trucks and vehicles in loading or unloading queues shall be kept with their engines off, when not in use, to reduce vehicle emissions and in accordance with the requirement set forth in Title 13 of the California Code of Regulations, Section 2485. Polluting construction activities shall be phased and scheduled to avoid emissions peaks, and discontinued during second-stage, or greater, smog alerts. The DESIGN-BUILDER shall maintain equipment engines in proper tune and operate construction equipment so as to minimize exhaust emissions. The DESIGN-BUILDER shall not discharge air pollutants (including fugitive dust, smoke, and/or other air contaminants) into the atmosphere in such quantities that they will cause a violation of any rule and/or regulation adopted by the SCAQMD and/or any legally constituted authority. If the DESIGN-BUILDER brings in a vehicle or vehicles subject to the Truck and Bus regulation, then the DESIGN-BUILDER shall submit to the OC SAN’S REPRESENTATIVE one of the following by January 31st of each year: • Current Truck and Bus Certificate of Compliance; or • Signed statement describing why that entity, or the Project, is not subject to the Truck and Bus Regulation. Visible emissions from any engine shall not be as dark as or darker than No. 1 in the Ringleman Chart or equivalent to 20 percent opacity for a period or periods aggregating more than three minutes per hour per SCAQMD Rule 401, titled Visible Emissions. E. Portable Equipment The DESIGN-BUILDER shall comply with all air quality rules/regulations pertaining to applicable portable engines and equipment with a rated horsepower of 50 bhp or greater by meeting the following minimum requirements: Project P2-141 GENERAL REQUIREMENTS PAGE 13 All portable engines with a rated horsepower of 50 bhp or greater shall be equipped with an operational and properly maintained non-resettable elapsed hour meter. Operation of such engines shall not cause a public nuisance. Proper records shall be maintained as described in SCAQMD rules and various location permits and/or CARB regulations and registrations. Readings from the meters shall be recorded prior to the commencement of operation and at the completion of the Project, or if operating at multiple locations within a stationary source, readings shall be recorded at the beginning and end of each calendar week. No engine and/or portable equipment required to abide by the abovementioned rules and/or regulations shall be located at OC SAN facilities for more than 12 consecutive months. Prior to stationing any engine and/or portable equipment that is required to abide by the abovementioned rules and/or regulations, the DESIGN- BUILDER shall provide the OC SAN’S REPRESENTATIVE with a written inventory of such equipment including date of onsite arrival. Pursuant to the Regulation for the Reporting of Criteria Air Pollutants and Toxic Air Contaminants (CTR), OC SAN must report all emissions from the use of portable diesel-fueled engines and devices (with a rated horsepower of 50 bhp or greater) operated at Plant 1 and Plant 2. Thus, for all DESIGN-BUILDER equipment operated at Plant No. 1 or Plant No. 2 with a PERP registration or a SCAQMD various locations permit, the DESIGN-BUILDER shall maintain and provide the OC SAN’S REPRESENTATIVE with copies of usage records/unit specific logs containing, at the minimum, the following information detailing all operations of the aforementioned equipment: 1. Date of usage 2. Start and End Totalizer meter readings 3. Specific location of use 4. Description of application 5. Unit ID (if applicable) and Permit Number/Registration Number 6. Fuel type and consumption rate A copy of these records shall be provided to the OC SAN’S REPRESENTATIVE 15 days following the end of each quarter. F. Fueling of Engine-Driven Equipment The DESIGN-BUILDER shall comply with the terms and conditions set forth by SCAQMD Rule 461, Gasoline Transfer and Dispensing, and SCAQMD Rule 461.1, titled Gasoline Transfer and Dispensing for Mobile Fueling Operations. During fueling of all vehicles and equipment, the DESIGN-BUILDER shall have personnel in direct control of the fueling operation at all times to prevent fuel spills. All fueling activities shall be continually monitored at all times. G. Volatile Organic Compounds (VOC) GENERAL REQUIREMENTS Project P2-141 PAGE 14 The DESIGN-BUILDER shall maintain usage records of volatile organic compound (VOC) containing materials in accordance with SCAQMD Rule 109, titled Recordkeeping for Volatile Organic Compound Emissions, and pay accordingly, the annual fees per Rule 301, titled Permitting and Associated Fees. The DESIGN- BUILDER shall submit the usage records to the OC SAN’S REPRESENTATIVE on a monthly basis throughout the Work duration on the premises. The usage records shall contain, at the minimum, the following information: 1. Manufacturer’s Name 2. Manufacture Product Name, ID No., or code that uniquely identifies the material. 3. Material Category 4. Quantity Used/Applied (in gallons). 5. VOC Content (in lb/gal) of each material, as applied, less water and exempt compounds. 6. VOC Content (in lb/gal) of each material, as applied, including water and exempt compounds. 7. The type of activity or substrate to which the materials are applied. 8. Identification of applicable SCAQMD Rule Number or California Code section. Project P2-141 GENERAL REQUIREMENTS PAGE 15 H. Abrasive Blasting In addition to demonstrating and certifying compliance with the terms and provisions set forth in SCAQMD Rule 1140, Abrasive Blasting, the DESIGN-BUILDER shall maintain records of all abrasive materials used and their designated CARB certification. The DESIGN-BUILDER shall submit the abrasive blasting usage records to the OC SAN’S REPRESENTATIVE on a quarterly basis throughout the Work duration on the premises. I. Fugitive Dust The DESIGN-BUILDER shall comply with the provisions set forth in SCAQMD Rule 403, Fugitive Dust, in its entirety by preventing, reducing, or mitigating fugitive dust emissions. The DESIGN-BUILDER shall not allow fugitive dust emissions to be visible beyond OC SAN facilities’ property lines. The DESIGN-BUILDER shall use reasonable and typical watering techniques to reduce fugitive dust emissions. The DESIGN- BUILDER shall furnish all labor, equipment, and means required (including watering or soil binders) and shall carry out effective measures wherever and as often as necessary to prevent its operation from producing dust in amounts that are damaging to property, cultivated vegetation, or domestic animals; or that are causing a nuisance as determined by the OC SAN’S REPRESENTATIVE. All unpaved demolition and construction areas shall be wetted as necessary during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and ensure compliance with SCAQMD Rule 403, titled Fugitive Dust. Soil binders shall be spread on site, unpaved roads, and parking areas when needed to control dust and wind-blown particles from causing a nuisance or violating air quality standards. The DESIGN-BUILDER shall submit a dust control plan and obtain the OC SAN’S REPRESENTATIVE’s acceptance before beginning Work off paved roads or any activity that could stir up dust. J. Odor Control In accordance with SCAQMD Rule 402, titled Nuisance, the DESIGN-BUILDER shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public. The DESIGN-BUILDER shall furnish all labor, materials, and equipment required and shall carry out effective measures wherever and as often as necessary to prevent the discharge of a nuisance odor from its operation into the atmosphere in such quantity as will violate the regulations of any legally constituted authority or that will cause public complaints. During construction, the DESIGN-BUILDER shall notify the OC SAN’S REPRESENTATIVE at least 48 hours in advance when potential odor-causing activities are scheduled for construction. GENERAL REQUIREMENTS Project P2-141 PAGE 16 K. Housekeeping and Rubbish Control Through all phases of construction, including suspension of Work and until Final Completion of the Work, the DESIGN-BUILDER shall keep the worksite and other areas used by it in a neat and clean condition, and free from any accumulation of rubbish and debris. The DESIGN-BUILDER shall dispose of all rubbish and waste materials of any nature occurring at the Work site and shall establish regular intervals of collection and disposal of such materials and waste. Rubbish and debris slated for disposal or recycle shall be located in rubbish or recycle containers at the completion of each workday. The DESIGN-BUILDER shall also keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. Care shall be taken to prevent spillage and/or tracking of soils on haul routes. Any such spillage shall be immediately contained and removed, and the area cleaned. Equipment and material storage shall be confined to areas accepted by OC SAN’S REPRESENTATIVE. Disposal of all rubbish and surplus materials shall be off the site of construction, at the DESIGN-BUILDER’s expense, all in accordance with federal, state, and local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws, and the requirements of the Code of Federal Regulations, Title 29, Part 1910, U.S. Occupational Safety and Health Standards (OSHA), and Part 1926, U.S. Safety and Health Regulations for Construction (OSHA). All cleanup costs shall be included in the DESIGN-BUILDER’s Bid. L. Sanitation The DESIGN-BUILDER shall not use any OC SAN sanitation facilities. The DESIGN- BUILDER shall provide fixed and/or portable chemical toilets for the use of the DESIGN-BUILDER’s employees. These accommodations shall be maintained in a neat and sanitary condition. Toilets at construction sites shall conform to the requirements of the California Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 4, Article 3, Section 1526, Toilets at Construction Jobsites. The DESIGN-BUILDER shall provide hand washing facilities with hot and cold water in accordance Title 8, Division 1, Chapter 4, Subchapter 4, Article 3, Section 1527, Washing Facilities, Food Handling, and Temporary Sleeping Quarters. Wastewater conveyance and disposal shall not be interrupted. Should the DESIGN- BUILDER disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. The DESIGN-BUILDER shall submit a proposed bypass system for OC SAN review. Sewage shall not be permitted to flow in trenches or be covered by backfill. The DESIGN-BUILDER shall establish a regular schedule for collection and disposal of all sanitary and organic waste. All wastes and refuse from sanitary facilities provided by the DESIGN-BUILDER or organic material wastes from any other source related to the DESIGN-BUILDER’s operations shall be disposed of away from the site in a manner satisfactory to the OC SAN’S REPRESENTATIVE and in accordance with all Project P2-141 GENERAL REQUIREMENTS PAGE 17 laws and regulations pertaining thereto. Disposal of all such wastes shall be at the DESIGN-BUILDER’s expense. M. Drinking Water The DESIGN-BUILDER shall provide an adequate supply of potable drinking water per 8CCR1524 for the DESIGN-BUILDER employees at the worksite. WARNING: The DESIGN-BUILDER shall not use any OC SAN pipeline for supplying potable water to the DESIGN-BUILDER employee drinking water. N. Chemicals The following paragraph does not relieve the DESIGN-BUILDER from its responsibility for obtaining prior OC SAN’S REPRESENTATIVE’s acceptance for chemical usage when otherwise required. The DESIGN-BUILDER shall provide four copies of the Safety Data Sheets (SDS) to the OC SAN’S REPRESENTATIVE for all chemicals used during construction or operational activities, prior to bringing them on site, whether defoliant, soil sterilant, herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, which shall show approval of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture. Use of all such chemicals and disposal of residues shall be in strict accordance with the printed instructions of the manufacturer. The DESIGN-BUILDER shall comply with the provisions of the General Requirements sections entitled “Safety – General.” O. Paint and Surface Coatings Notification The DESIGN-BUILDER is hereby notified that the facility under this Contract may contain Lead (Pb), Chromium (Cr) and Molybdenum (Mo). If any paints or surface coatings are to be physically disturbed or made airborne during the progress of the Work by activities such as abrasive blasting, welding, cutting or torch burning; the DESIGN-BUILDER shall provide appropriate worker protection in accordance with applicable OSHA and Cal/OSHA requirements. The DESIGN- BUILDER shall comply with the provisions the General Requirements section entitled “Safety - General” and with all California Hazardous Waste storage and disposal regulations. Refer to the General Requirements section entitled “Hazardous Waste.” P. Soils, Soil borings and Soil-Related Waste Disposal The DESIGN-BUILDER shall submit for the OC SAN’S REPRESENTATIVE’s acceptance a management plan for staging, storage, and disposal of all soil-related waste material. The analytical results will determine hazardous or non-hazardous status of the soil samples and appropriate disposal methods. If any soil material is to be transported off the construction site, soil analytical results included in the Construction Documents shall be submitted to the OC SAN’S REPRESENTATIVE to certify hazard status for each load at least five workdays prior to transport. The GENERAL REQUIREMENTS Project P2-141 PAGE 18 DESIGN-BUILDER shall obtain a signature by OC SAN for hazardous and non- hazardous waste manifests. The DESIGN-BUILDER shall provide a 48-hour advance notice of when the signature is needed. During soil boring and/or excavation, in the event volatile organic compound odors are detected, the DESIGN-BUILDER shall make immediate notification to the OC SAN’S REPRESENTATIVE. Pursuant to SCAQMD Rule 1166, titled Volatile Organic Compound Emissions from Decontamination of Soil, the DESIGN-BUILDER shall work with the OC SAN’S REPRESENTATIVE to ensure compliance with the requirements stipulated in SCAQMD Rule 1166 including mitigation plan requirements. For loads certified as hazardous, OC SAN will work with the DESIGN-BUILDER on the disposal of the waste in accordance with the General Requirements section entitled “Hazardous Waste.” Q. Asbestos It is the specific intent of the Construction Documents to exclude from the Work all new products and/or materials containing asbestos. No products containing asbestos shall be incorporated in the Work. The DESIGN-BUILDER shall immediately notify the OC SAN’S REPRESENTATIVE upon discovery of such materials in the construction area that may contain asbestos not already identified in the Construction Documents. • If any asbestos-containing materials are to be physically disturbed or made airborne during the progress of the Work by activities such as demolition, remodel or remediation, the DESIGN-BUILDER shall provide appropriate worker protection in accordance with applicable Cal/OSHA requirements and shall remove asbestos materials from the construction area in compliance with all applicable rules/regulations as adopted by any legally constituted authority including local, State and Federal governing agencies. The abatement contractor is responsible for making notifications to SCAQMD in accordance with the requirements of SCAQMD’s Rule 1403. Removal shall be performed by a Subcontractor specifically certified and licensed in asbestos abatement per the California Code of Regulations, Title 8, Sections 1529 and 5208. • Proper and compliant Container Labeling • Proper Transportation Vehicle Marking (as required by OC SAN) • Maintenance and retention of Waste Shipment Records (as required by OC SAN) • Proper and compliant Record Keeping The DESIGN-BUILDER shall use appropriate warning labels, signs, and markings as applicable. The DESIGN-BUILDER is responsible for obtaining a signature by “OC SAN Safety Personnel” on all generated asbestos waste manifests. The DESIGN- BUILDER shall comply with the provisions set forth in the General Requirements section entitled “Construction Safety Plan” and with all California Hazardous Waste storage and disposal regulations. OC SAN will work with the DESIGN-BUILDER on the disposal of any Asbestos- Containing Materials waste in accordance with the General Requirements section entitled “Hazardous Waste.” Project P2-141 GENERAL REQUIREMENTS PAGE 19 The DESIGN-BUILDER shall request any asbestos storage containers from OC SAN five workdays in advance of the remediation of asbestos material. The DESIGN-BUILDER shall make arrangements with OC SAN on the storage of the asbestos waste before remediation begins. The DESIGN-BUILDER shall comply with the provisions the General Requirements section entitled “Safety - General” and with all California Hazardous Waste storage and disposal regulations. R. Hazardous Waste The DESIGN-BUILDER shall possess a valid EPA generator number for hazardous waste prior to any waste being brought and/or generated on the Project site. The DESIGN-BUILDER shall submit and, upon the OC SAN’S REPRESENTATIVE’s acceptance, implement a Project-wide hazardous waste management plan, and shall maintain and update it for the duration of the Contract based upon initial geotechnical report sampling analytical results and other test reports included in the Construction Documents and/or undisclosed OC SAN-generated hazardous waste discovered during the Project. The hazardous waste management plan shall ensure compliance with all applicable federal, state and local regulations for storage, management, transport, and disposal. The DESIGN-BUILDER shall designate a Hazardous Waste On-Site Project Manager and shall provide proof of the person’s current certification in the following: DOT hazardous material training per 49 CFR, Part 172, Subpart H, and management of hazardous waste in California per the Resource Conservation and Recovery Act (RCRA) and California Code of Regulations, Title 22. The DESIGN-BUILDER shall provide proof of the current certification of the hazardous waste transporter per 49 CFR, Part 172, Subpart H. Hazardous waste owned by OC SAN prior to the effective date of the Notice to Proceed (e.g., lead-based paint, asbestos, contaminated soil) will be considered OC SAN-generated waste, which requires OC SAN to sign and receive copies of manifested paperwork. OC SAN will work with the DESIGN-BUILDER on the disposal of the OC SAN-generated waste using the OC SAN-approved hazardous waste transportation and disposal vendor. OC SAN will pay for the transportation and disposal of the OC SAN-generated waste. The DESIGN-BUILDER shall make arrangements with OC SAN on the storage of the OC SAN-generated waste while waiting for disposal. Hazardous waste brought and/or generated on site by the DESIGN-BUILDER shall be considered DESIGN-BUILDER-generated waste and shall be the financial and legal responsibility of the DESIGN-BUILDER. S. Explosives for Blasting The use of explosives shall not be permitted. T. Protection of Wildlife GENERAL REQUIREMENTS Project P2-141 PAGE 20 If any Work in this Contract might disturb wildlife, even in urban areas, a Biological Monitor shall be hired by the DESIGN-BUILDER to provide assistance in the field to assure that biological resources are protected and that Project-specific mitigation measures are implemented. The Biological Monitor shall be qualified for the tasks to be performed. If endangered or threatened species are present in the Project area and require removal or relocation, the Biological Monitor shall hold the appropriate permits and approvals for access and capture or marking of the species of concern. Specific activities of the Biological Monitor may include the following: 1. Marking areas to be protected from construction activity. 2. Observing construction activities and their impacts on biota. 3. Capturing and relocating biota as necessary to protect them from construction activities. Prior to the removal of healthy trees at a worksite, a Biological Monitor shall survey the trees to determine if active bird nests are present. If nests of sensitive species are present, tree removal will be scheduled to avoid the nesting season. The DESIGN- BUILDER shall provide a written record of whether tree removal is required and shall coordinate with the OC SAN’S REPRESENTATIVE to determine if nesting birds (listed species of special interest of those as threatened or endangered) are present in the trees to be removed. Refer to the Specifications section(s) regarding detailed landscaping requirements. U. Groundwater Dewatering The DESIGN-BUILDER shall comply with OC SAN’s dewatering requirements. Water from dewatering operations shall be disposed of in a suitable manner in conformance with the OC SAN Wastewater Discharge Regulations and the National Pollutant Discharge Elimination System (NPDES) Permit, as approved by the Regional Water Quality Control Board, Santa Ana Region (RWQCB), and OC SAN. V. Construction Site Storm Water Management Unless the Construction Documents include a dedicated Specifications section(s) with detailed stormwater pollution management requirements, the following shall apply. OC SAN is regulated by the National Pollutant Discharge Elimination System (NPDES) permit CA0110604 and SWRCB Order No. R8-2021-0010. To prevent impairment to surface water quality from construction site discharges to surface waters, the DESIGN-BUILDER including the DESIGN-BUILDER’s and Subcontractors’ personnel shall comply with the OC SAN On-Site Stormwater Management Plan (OSSWMP) which outlines requirements for on-site compliance with applicable stormwater regulations, and with the OC SAN’S REPRESENTATIVE’s directions, if any. Prior to mobilization completion, the DESIGN-BUILDER and the OC SAN’S REPRESENTATIVE shall discuss the stormwater requirements of the Contract in a formal meeting to obtain additional directions, if any, from the OC SAN’S REPRESENTATIVE. Project P2-141 GENERAL REQUIREMENTS PAGE 21 Comply with the latest applicable editions of the stormwater management-related laws and regulations of the applicable federal, state, county, city, and special district jurisdictions. All flows from this Project’s construction and the associated activities shall be collected within the construction site and returned to the OC SAN treatment process, and no water and/or sedimentation shall leave this Project’s construction site and/or OC SAN property, or hinder OC SAN plant roadways. As a minimum, the DESIGN-BUILDER shall use Best Management Practices (BMPs) per CASQA Construction Stormwater Best Management Practice (internet portal) to protect the staging area, construction activity areas, and temporary power equipment locations, except the use of Best Management Practice SE-8 “Sandbag Barrier” shall be deemed unacceptable. The DESIGN-BUILDER’s vehicles shall access the construction site through the facility gate designated by the OC SAN’S REPRESENTATIVE or as identified in the Construction Documents. The DESIGN-BUILDER shall be aware that compliance with the requirements in the OSSWMP may require the use of erosion and sedimentation control procedures outside the limits of immediate construction activity as determined by the DESIGN- BUILDER and/or directed by the OC SAN’S REPRESENTATIVE. The DESIGN- BUILDER’s compliance shall also include the installation, maintenance, and removal of temporary BMPs as necessary until and through the completion of the Project and/or as directed by the OC SAN’S REPRESENTATIVE. Unless a stormwater control or prevention plan is required elsewhere in the Construction Documents, the DESIGN-BUILDER shall provide the following: 1. Submit a brief description of the Project that also indicates the Project’s timeline and states whether any BMPs are intended for the Project. If BMPs are to be used, the DESIGN-BUILDER shall also submit the following: a. A list of the BMPs intended for the Project and their periodicity. b. A map indicating the BMP deployment locations (a markup of the maps attached to OC SAN On-Site Stormwater Management Plan shall be acceptable). Keep the submitted stormwater documentation at the Project site at all times, fully updated, and make it available upon request for audit by the OC SAN’S REPRESENTATIVE of regulatory authorities having jurisdiction. The DESIGN-BUILDER shall take all steps to minimize and prevent any pollutants from leaving OC SAN’s property and prevent any violations. Non-adherence with the conditions specified in the OSSWMP may constitute a violation of the Clean Water Act and the Porter-Cologne Water Quality Control Act and may be grounds for enforcement action by the RWQCB and/or local regulators. OC SAN shall be reimbursed by the DESIGN-BUILDER for the fines and other associated costs incurred by OC SAN due to the DESIGN-BUILDER’s lack of compliance with the OSSWMP. GENERAL REQUIREMENTS Project P2-141 PAGE 22 Lack of compliance as determined by the OC SAN’S REPRESENTATIVE will cause the OC SAN’S REPRESENTATIVE to issue a written Notice of Non-Compliance to the DESIGN-BUILDER. If the DESIGN-BUILDER determines that it cannot comply with the OSSWMP, the DESIGN-BUILDER shall notify the OC SAN’S REPRESENTATIVE immediately. The notification shall identify the type of non-compliance, describe the actions necessary to achieve compliance, and include a time schedule when compliance will be achieved. A written non-compliance notification for each such event shall be submitted within 15 days of identification of the event by the DESIGN-BUILDER. W. Waterway Protection The DESIGN-BUILDER shall enforce strict on-site handling rules to keep construction and maintenance materials out of receiving waters. The rules will include measures to: 1. Store all reserve fuel supplies only within the confines of a designated construction staging area. 2. Refuel equipment only within designated construction staging area. 3. Regularly inspect all construction vehicles for leaks. Place drip pans or similar under leaking vehicles. The DESIGN-BUILDER, for Work outside the treatment plants, shall prepare a Spill Prevention, Control, and Countermeasure Plan (SPCCP). The plan shall include measures to be taken in the event of an accidental wastewater spill. Refer to the respective Specifications section(s) regarding detailed requirements for temporary handing of sewage flow. The construction and staging areas as shown on the Plans shall be clearly marked and staked on the ground. Heavy equipment use outside this area shall be prohibited. The construction staging areas shall be designed to contain contaminants such as oil, grease, and fuel products so that they do not drain towards receiving waters or storm drain inlets. If heavy-duty construction equipment is stored overnight adjacent to a potential receiving water, drip pans will be placed beneath the machinery engine block and hydraulic systems. A silt fence or similar BMP shall be constructed around the disturbed soil areas and all measures shall be taken to prevent erosion and transport of sediment into a waterway. Stockpiles shall be covered with plastic sheets to prevent erosion. Excavated material shall be stockpiled within the construction staging area and installed with appropriate BMPs to prevent erosion and sediment from reaching the drain system. The DESIGN-BUILDER shall prepare an Erosion Control Plan (ECP) and submit for review by the DESIGNER OF RECORD. Project P2-141 GENERAL REQUIREMENTS PAGE 23 X. Field Monitoring, Documentation and Restoration For construction outside the treatment plants, the DESIGN-BUILDER shall videotape the site, including staging and storage areas, prior to commencing Work. All existing vegetation, except for common grass, shall be inventoried and shown and labeled on a scaled drawing. After completing the Work, the DESIGN-BUILDER shall restore the disturbed vegetation to a level substantially similar to the existing condition prior to performing any construction-related activity. All re-vegetation shall be done in accordance with the Re-Vegetation Plan provided by the DESIGN-BUILDER and prepared by a landscape architect. All Work shall be done in accordance with the approved plan which may include incorporation of certain native or drought-tolerant plants to comply with permit conditions of various environmental agencies or in conformity with local landscaping ordinances. Y. Protecting Archaeological and Cultural Resources If cultural resources are encountered at any time during Project excavation, construction personnel shall avoid altering these materials and their context until a qualified archaeologist has evaluated the situation. Project personnel shall not collect or retain cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, and pestles; and dark, friable soil containing shell and bone, dietary debris, heat-affected rock, or human burials. Historic resources include stone or adobe foundations or walls; structures and remains with square nails; and refuse deposits (glass, metal, wood, ceramics), often found in old wells and privies. Records of site inspections shall be maintained in OC SAN’s administrative records. Following construction, a post-construction site inspection shall be made to determine the degree to which the final site modifications have impact site descriptions and future access. Z. Discovery of Human Remains In the event of accidental discovery or recognition of any human remains, the County Coroner shall be notified immediately, and construction activities shall be halted. If the remains are found to be Native American, the Native American Heritage Commission shall be notified within 24 hours. Guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains. AA. Recycling of Materials for Collection System Projects For Collection System Projects - Recycling of demolition and construction materials is encouraged by OC SAN. Recycled materials shall comply with the requirements for the city where the Work is being performed. The local contractors are encouraged to provide for the recycling of demolition materials where the quantities are sufficient to make it cost- effective. GENERAL REQUIREMENTS Project P2-141 PAGE 24 A Recycling Feasibility Evaluation may be required for certain projects which have large amounts (more than 100 tons) of asphalt or concrete that are potentially recyclable and are 20 percent more than the cost of disposal. GR-7 WORKING HOURS/OC SAN BUSINESS HOURS A working day shall be Monday through Friday, and shall be between 7:00 a.m. and 3:30 p.m., unless otherwise accepted by the OC SAN’S REPRESENTATIVE in writing. The written request for an alternative construction work schedule is required at least forty-five (45) days in advance. On occasion, but without guarantee, OC SAN may grant the DESIGN-BUILDER’s request for a temporary alternative construction work schedule. Any granted alternative work schedule may be revoked, should it become problematic for the Public/OC SAN to continue to accommodate. OC SAN Plant No.1 and Plant No. 2 business hours, which includes DESIGN-BUILDER access to field offices at the plants, are Monday – Friday, 5:30 am – 6:00 pm. On occasion, but without guarantee, OC SAN may grant the DESIGN-BUILDER ’s request for a temporary alternative office work schedule outside of plant business hours for office work only. The DESIGN-BUILDER shall provide advanced notification to the OC SAN’S REPRESENTATIVE for all DESIGN-BUILDER employees entering or working outside of plant business hours. The DESIGN-BUILDER must provide the names, dates, and contact information for each employee to the OC SAN’S REPRESENTATIVE for purposes of entering into the OC SAN visitor registration system. Any granted alternative office work schedule may be revoked, should it become problematic for the Public/OC SAN to continue to accommodate. For collection system projects not located on OC SAN property, work hours are 7:00 am – 3:30 pm unless otherwise approved by the OC SAN’S REPRESENTATIVE or dictated by permit requirements for the jurisdiction where the Work is being performed. Work hours for the respective locations shall be presented by the DESIGN-BUILDER and documented as part of the Pre-Construction Meeting. GR-8 PERMITS Refer to the respective Specification section(s) regarding detailed requirements for permits. GR-9 PUBLIC CONVENIENCE AND ACCESS The DESIGN-BUILDER shall conduct operations so as to cause the minimum obstruction and inconveniences to traffic and to places of business and residences adjacent to the worksite. No greater quantity of Work shall be under construction at any one time than can be properly conducted with due regard for the rights and safety of the public. Where existing streets are not available for detours, all traffic shall be permitted to pass through the worksite with as little inconvenience and delay as possible, unless otherwise provided or authorized. If only half the street is under construction, the other half shall be conditioned and maintained as a detour. The DESIGN-BUILDER shall submit for OC SAN’S REPRESENTATIVE’s acceptance, a traffic control plan stamped and signed by a Traffic Engineer registered in the State of California. Project P2-141 GENERAL REQUIREMENTS PAGE 25 The DESIGN-BUILDER shall provide unobstructed access to all fire hydrants at all times unless otherwise approved by the Fire Authority having jurisdiction. Safe, adequate pedestrian access to all residences, places of business, and other establishments affected by the Work shall be provided and maintained by the DESIGN- BUILDER at all times. The DESIGN-BUILDER shall provide safe, adequate crossings for pedestrians at each street intersection, cross street, pedestrian crossing and at bus and other forms of public transportation stops. In streets or roadways where street intersections, cross streets, pedestrian crosswalks, or overpasses are limited or do not exist, the DESIGN-BUILDER shall provide for safe, adequate pedestrian crossing at intervals of not more than 300 feet as directed by the city. Where the worksite is in a right-of-way, the DESIGN-BUILDER shall provide adequate pedestrian crossings at street crossings or at intervals not exceeding 350 feet as required, unless otherwise directed by the OC SAN’S REPRESENTATIVE and the city. Unobstructed vehicular access shall be provided and maintained by the DESIGN- BUILDER at all times to fire stations, police stations, hospitals, or other similar establishments engaged in work of an emergency nature or in work directly connected with the public safety. The DESIGN-BUILDER shall coordinate with officials of these establishments to ensure that 24-hour emergency access is available. The DESIGN-BUILDER shall provide a copy of the accepted Traffic Control Plan to the local police and fire departments and public transit facilities, seventy-two (72) hours prior to construction. The DESIGN-BUILDER shall be required to provide and maintain safe and adequate vehicular access to driveways for residences only when, in the opinion of the OC SAN’S REPRESENTATIVE, unusual conditions or emergencies make such access necessary. If, however, backfill has been completed to the extent that safe access may be provided and the street, by the Construction Documents, is open to local traffic, the DESIGN- BUILDER shall immediately clear the street and driveways so that access may be provided and maintained. Unless the DESIGN-BUILDER makes other arrangements satisfactory to the owners, when the DESIGN-BUILDER’s Work interferes with vehicular access to places of business and public gathering, the DESIGN-BUILDER shall provide and maintain safe and adequate vehicular access to such places of business and public gathering to allow for the continuation of the ordinary conduct of business. If an establishment has direct vehicular access to a street, the DESIGN-BUILDER shall take all steps which are required to maintain at least one route for direct vehicular access to and from such street to the establishment. The DESIGN-BUILDER shall make every reasonable effort to provide maximum access to churches on their Sabbath days. In addition, the DESIGN-BUILDER shall not park or store equipment at the site of a church on its Sabbath day. In addition, the DESIGN-BUILDER shall cooperate with the various public and private agencies involved in street sweeping and/or collection and removal of trash and garbage GENERAL REQUIREMENTS Project P2-141 PAGE 26 from residences and businesses adjacent to the worksite, to maintain existing schedules for such collection and removal of trash and garbage. At locations where traffic is being routed through grading operations, excavations and embankments shall be constructed in a manner to ensure that a surface reasonably satisfactory for traffic is provided at all times. Substructure installation or construction shall be conducted on only one-half the width of the traveled way at a time, and that portion of the traveled way being used by traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for use. Upon completion of the rough grading, the surface of the roadbed shall be brought to a smooth, even condition, free from humps and depressions, and made satisfactory for traffic. The DESIGN-BUILDER shall provide and maintain such fences, barriers, directional signs, lights, and flagmen as are necessary to give adequate warning to the public at all times of any dangerous condition to be encountered as a result of the construction Work and to give directions to the public as appropriate. The DESIGN-BUILDER shall employ, for the duration of the Project, a qualified Subcontractor that shall be responsible for the supply, maintenance, set-up, takedown and daily movement of all traffic signage, arrow boards, delineators, etc. The DESIGN- BUILDER shall submit to the OC SAN’S REPRESENTATIVE documentation to prove that the Subcontractor has at least five (5) years of experience in the specialty of traffic control. The DESIGN-BUILDER shall submit to the OC SAN’S REPRESENTATIVE resumes of proposed Subcontractor personnel that will document appropriate training in the field of traffic control, such as attendance at “Traffic Safety Through the Maintenance and Construction Zones” offered by the Office of Traffic Safety. Acceptance of the Subcontractor and personnel shall be at the discretion of the OC SAN’S REPRESENTATIVE. All costs of complying with requirements of this section shall be included in the Bid prices for the various items of Work. Prior to taking the primary route out of service, the DESIGN-BUILDER shall ensure that all detours are approved by the applicable city. Notwithstanding the general requirements for traffic and access set forth above, if OC SAN or the DESIGN-BUILDER pursuant to the terms of the Contract are to develop an accepted traffic control plan, the Special Provisions of said Plans shall control over the general requirements and the DESIGN-BUILDER shall comply with all details of the accepted traffic plan at all times. GR-10 ADVANCE NOTIFICATION FOR PLANT SHUTDOWN The existing treatment plant facilities must be maintained in full operation during the execution of the Work. The DESIGN-BUILDER shall coordinate the Work to avoid any interference with normal operations of plant equipment and processes. If downtime of utilities or equipment occurs due to lack of schedule, DESIGN-BUILDER’s error, or other items which are the DESIGN-BUILDER’s fault, DESIGN-BUILDER shall work continuously (24 hours per day) until the utility or equipment is returned to operational condition acceptable to OC SAN. All costs for such Work shall be the responsibility of the DESIGN-BUILDER. Project P2-141 GENERAL REQUIREMENTS PAGE 27 Downtime for piping, power interruptions and other utility services requiring taps or connections shall be kept at a minimum. Shutdown requests shall be submitted to the OC SAN’S REPRESENTATIVE. Request shall include a drawing identifying the system or equipment included in the shutdown request. OC SAN’S REPRESENTATIVE’s written acceptance of shutdown requests shall be obtained twenty-one (21) days in advance. Maximum shut down for any facility is four (4) hours, unless otherwise detailed in the Construction Documents. The DESIGN-BUILDER shall provide diesel generators, temporary power feeds, or other measures, deemed necessary by OC SAN to maintain the operation of existing facilities. The DESIGN-BUILDER shall submit a written schedule and work sequence proposed to keep process equipment operational, detailing all Work to existing facilities, and the measures to be taken to eliminate or minimize facility downtime. Any Work which blocks roadways, access to buildings and parking lots shall require written acceptance following the requirements above for notification and acceptance. The DESIGN-BUILDER shall follow OC SAN’s lockout/tagout procedures for isolation of equipment. OC SAN will provide tags and the DESIGN-BUILDER shall provide lockout devices. If Work on energized electrical systems is required, refer to the section entitled “Working on Energized Systems” of the Contractor Safety Standards. GR-11 ADVANCE NOTIFICATION TO AGENCIES It shall be the DESIGN-BUILDER’s responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any jurisdictional area of an agency. A minimum two (2) weeks advance notice shall be given to the various agencies before beginning construction in the area unless specific advance times and requirements are stated in these Specifications or in permit conditions. The DESIGN-BUILDER shall inform OC SAN’s Public Information Officer (PIO) of construction activities impacting residents, businesses, schools, and general public a minimum of two (2) weeks prior to performing any Work. These requirements are in addition to any other requirements set forth by the local jurisdiction. It is the responsibility of the DESIGN-BUILDER to provide a description of the construction Work taking place and the impacted area. If unexpected work arises and a two (2) week notification is not possible, the DESIGN-BUILDER shall be required to notify the Public Information Officer (PIO) as soon as possible of Work and assist (if needed) with the distribution of notices. GR-12 REMOVAL OF OBSTRUCTIONS The DESIGN-BUILDER shall remove, at DESIGN-BUILDER’s expense, all obstructive rock, stones, debris, structures, or other such items, whether natural or artificial, encountered in the construction of the Work. Material that is removed as herein specified and is not to be incorporated in the improvement being constructed or to be salvaged for OC SAN’s use shall be removed from the site and legally disposed of by the DESIGN-BUILDER at DESIGN-BUILDER’s expense unless otherwise specified. GENERAL REQUIREMENTS Project P2-141 PAGE 28 Unless otherwise specified or directed by the OC SAN’S REPRESENTATIVE, the DESIGN-BUILDER shall replace all existing fences, walls and other structures to their original condition and location at the completion of the Work, whether or not replacement is specifically called out on the Construction Documents. GR-13 SALVAGE AND REMOVAL OF EXISTING EQUIPMENT All existing equipment and appurtenances designated to be demolished or removed, and not to be salvaged, shall be the property of the DESIGN-BUILDER and shall be removed from the site and legally disposed of at DESIGN-BUILDER’s expense. Salvaged items shall be cleaned and relocated by the DESIGN-BUILDER to the plant area designated by OC SAN. During construction, the OC SAN’S REPRESENTATIVE may designate more items to be salvaged whether the items are indicated to be salvaged or not in the Construction Documents. The DESIGN-BUILDER shall furnish all tools, equipment, material, and supplies, and perform all labor required to remove from service, prepare for storage, inventory, package, mark, and deliver to OC SAN any equipment and/or materials designated as salvage in the Plans or Specifications. The DESIGN-BUILDER shall prepare and submit a listing of all equipment identified for salvage. After the equipment is removed, revise and resubmit the list to include the date removed, estimated weight, description, and condition of each item. The DESIGN-BUILDER shall disassemble and remove equipment carefully to prevent damage, empty all fluids from equipment, and plug all openings. Bubble wrap or double box delicate equipment. Box sizes shall be suitable for the item to be packed with cushioning material but without bulge and shall be minimum 200-pound test weight, taped on all unmade seams using 2 inch minimum clear 2 mil minimum industrial tape. Provide 48-inch x 48-inch pallets with minimum 2 x 4 main rails and 1-inch cross stiles nailed on both sides of the main rails. Bolt larger equipment to wooden pallets. Wrap equipment with waterproof plastic. Prepare individual manifests for each equipment container. Insert manifest into a clear cover envelope and tape to the side of the container. The DESIGN-BUILDER shall use care in loading and delivering material to prevent damage, splitting and breakage of the material. The OC SAN’S REPRESENTATIVE will designate the OC SAN receiving party for all salvage material at either Plant No. 1 or No. 2. GR-14 MAINTENANCE OF EXISTING IMPROVEMENTS Unless otherwise indicated in the Construction Documents, OC SAN’s facilities, public and private utilities and other surface or subsurface structures of any nature that may be affected by the Work shall be maintained by the DESIGN-BUILDER during the course of the Work. If the DESIGN-BUILDER, in the performance of the Work, damages any of the above, all expenses related to repair of the damages and loss of service shall be borne by the DESIGN-BUILDER. The DESIGN-BUILDER shall not operate any wastewater piping and/or equipment currently in service. Project P2-141 GENERAL REQUIREMENTS PAGE 29 GR-15 TEMPORARY FACILITIES The DESIGN-BUILDER shall provide temporary facilities to comply with requirements of all applicable Federal, State, and local safety rules and regulations. DESIGN-BUILDER shall be solely responsible for worksite safety. The DESIGN-BUILDER shall provide adequate barriers, guardrails, and enclosures around all worksites and adjacent to embankments and excavations for protection of workers and the public, as required by governing authorities having jurisdiction. DESIGN-BUILDER’s staging area(s) and storage facility(ies) located on the OC SAN premises shall have full-perimeter chain-link fencing with full-height full-perimeter vision screening on the outward facing side of the fence. The chain-link fence shall be made and installed in accordance with SSPWC sections 206-6 and 304-3, except: it shall be portable, installed without making holes or otherwise disturbing the underlying surfaces. The fence shall be galvanized steel; six (6) feet in height minimum unless specified otherwise elsewhere in the Construction Documents. Barbed wire shall not be required for locations at OC SAN Plants No. 1 and No. 2 unless specified otherwise elsewhere in the Construction Documents. The vision screening shall be clean green material in good condition, ninety (90) percent visibility blockage minimum, double-thick folded edge, securely attached to the fencing using grommets on all four sides. The DESIGN-BUILDER shall provide and maintain construction facilities and temporary controls in proper and safe condition throughout the progress of the Work. In the event of loss or damage, the DESIGN-BUILDER shall promptly restore temporary construction facilities and controls by repair or replacement at no change in the Contract Price or time of completion. The DESIGN-BUILDER shall provide and maintain temporary sanitary facilities and enclosures for use by construction personnel. The DESIGN-BUILDER shall not use permanent sanitary facilities unless accepted by OC SAN. Immediately prior to the Substantial Completion review(s), thoroughly clean and sanitize permanent sanitary facilities used during construction. The DESIGN-BUILDER shall provide temporary lighting as necessary for proper performance of construction activities and for inspection of the Work. • Provide branch wiring from power source to distribution boxes with lighting conductors. • GFI breakers, pigtails, and lamps as required. • Maintain lighting and provide routine repairs. GR-16 SEISMIC DESIGN AND CONSTRUCTION The installation of all equipment and appurtenances shall comply with the requirements of the applicable edition of the California Building Code (California Code of Regulations, Title 24, Part 2). Supports and connections shall be designed to prevent sliding or overturning, in accordance with the Code and these Specifications. Brackets and anchors shall be of ductile materials so that they can absorb energy and continue to carry load. Any changes to the design affecting structural components shall be documented on drawings stamped and signed by a Structural Engineer registered in the State of California and shall be submitted for the DESIGNER OF RECORD’s acceptance. GENERAL REQUIREMENTS Project P2-141 PAGE 30 GR-17 EQUIPMENT START-UP REQUIREMENTS The DESIGN-BUILDER shall: • Provide qualified and experienced personnel to verify the proper installation; including alignment, mounting, adjustment, lubrication, and setup; of all equipment, such as engines, motors, pumps, VFDs, blowers, control systems, instrumentation, computers, and all miscellaneous electrical items, etc. These personnel shall supervise the start-up and the initial checkout and operation of the equipment. • Submit to the OC SAN’S REPRESENTATIVE for prior acceptance a startup time schedule and checkout procedure documents. • Participate in Commissioning Coordination meetings. • Coordinate with all equipment manufacturers to ensure that their personnel are available until the equipment performance tests specified are completed. If the DESIGN-BUILDER fails to comply with the start-up requirements, OC SAN’S REPRESENTATIVE shall notify the DESIGN-BUILDER by letter of the noncompliance. If the DESIGN-BUILDER has still not complied within the time specified, OC SAN’S REPRESENTATIVE may take the responsibility for startup and deduct all the costs thereof from the Contract. GR-18 MEETINGS DESIGN-BUILDER shall attend the following meetings at a minimum: • Pre-Construction • Schedule • Submittal • Weekly Progress • Safety • Commissioning • Job Hazard Analysis, as required. • Other meetings as required by the OC SAN’S REPRESENTATIVE. GR-19 TRAINING DESIGN-BUILDER shall comply with the requirements of Specifications Section 01820, Training of OC SAN Personnel. GR-20 RESERVED GR-21 PROJECT INFORMATION SIGNS Furnish and install Project information signs and the related framing, supports and foundations at the location(s) acceptable to the OC SAN’S REPRESENTATIVE within 30 days of the Notice to Proceed. Prior to fabrication of the signs, submit a "mock-up" sample of the proposed signs, information and graphics for review and acceptance by the OC SAN’S REPRESENTATIVE. Allow no other signs to be displayed. The structure and framing shall be allowed to be new or used, wood or metal, in sound condition, structurally adequate to work and suitable for specified finish. The sign surfaces shall be exterior softwood plywood with medium density overlay, standard large sizes to minimize joints; the Project P2-141 GENERAL REQUIREMENTS PAGE 31 thickness shall be as required by standards to span framing members and to provide even, smooth surface without waves or buckles. The rough hardware shall be galvanized. The size of the signs and lettering shall be as required by applicable regulatory agencies, or as appropriate for usage. The sign colors for structure, framing, sign surfaces and graphics shall be uniform colors throughout the Project, shall comply with the requirements of applicable regulatory agencies, and shall be as selected by OC SAN’S REPRESENTATIVE. The signs shall be painted signs, with painted lettering. Finishes and painting shall be exterior quality, adequate to resist weathering and fading for the duration of the construction. Use bulletin colors for graphics. Maintain the signs and the related framing, supports and foundations in a neat, clean condition; repair damages to structure, framing and/or signs. Remove the signs, framing, supports and foundations at completion of Project. CONTROL OF MATERIALS GR-22 MATERIAL AND EQUIPMENT All equipment, materials and supplies to be incorporated in the Work shall be new, unless otherwise specified. All equipment, materials and supplies shall be produced in a workmanlike manner. Fabricated materials or equipment to be incorporated in the Work shall be subject to acceptance by OC SAN’S REPRESENTATIVE. The Specifications list manufacturers that are likely to provide the specified equipment. Provide products by same manufacturer when products are of similar nature, unless otherwise specified. Provide identical products when products are required in quantity. Provide products with interchangeable parts whenever possible. All listed manufacturers may not provide a standard model that meets the Specification requirements and may not be willing to provide equipment that meets the requirements. Listed model designations may require modification to meet the Specification requirements. Materials, equipment, or processes noted in the Construction Documents by a trade or manufacturer’s name, specified by grade, patent or property name, are so designated primarily to establish standards of quality, finish, appearance, ruggedness or constructability and performance. It is not the intent to limit the choice of materials and equipment to the specific product designated. Similar articles of other origin, if accepted by OC SAN’S REPRESENTATIVE as equal to the designated product in quality, finish, appearance, and performance, shall be deemed to be included in the Construction Documents. However, requests relative to substitutions for materials or equipment specifically designated in the Construction Documents will not be considered until after award of the Contract. In the event that the DESIGN-BUILDER furnishes material, processes, or articles more expensive than that specified, the difference in cost of such material, processes, or articles so furnished shall be borne by the DESIGN-BUILDER. The DESIGN-BUILDER shall be responsible to provide only those materials, equipment and supplies that fully conform with all applicable state and federal safety laws, rules, regulations, and orders, without additional charge to OC SAN, notwithstanding any omissions in the Construction Documents therefor or that a particular material, equipment or supply was specified. GR-23 STANDARDS The various standards referred to throughout the Specifications are indexed by number (i.e., AWWA C 104 or ASTM A 276). In each case, it is expected that the material or methods specified shall conform to the latest current standard or specification of the designated index number. GENERAL REQUIREMENTS Project P2-141 PAGE 32 Tentative standards shall be construed as current unless otherwise noted. Where obsolete federal specifications have been shown as standards, they shall be superseded by the latest federal specifications covering the same subject. Abbreviations used for various standards are noted in section entitled “Abbreviations” of these General Requirements. GR-24 MATERIAL SAMPLES AND TESTS At the option of the OC SAN’S REPRESENTATIVE, OC SAN’S REPRESENTATIVE’s acceptance of the source of supply for each of the materials shall be required prior to delivery and before such material is used in the Work. Representative preliminary samples of materials conforming to the quality prescribed in the Construction Documents shall be submitted by the DESIGN-BUILDER for testing or examination, as required by OC SAN’S REPRESENTATIVE. All tests or materials furnished by the DESIGN-BUILDER shall be made in accordance with the commonly recognized standards of national technical organizations, and such special methods and tests as prescribed in the Specifications. The DESIGN-BUILDER, at the DESIGN-BUILDER’s sole expense, shall furnish OC SAN, in triplicate, certified copies of all required factory, laboratory, and mill test reports to verify material quality and composition. Any materials shipped to the DESIGN-BUILDER from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of OC SAN shall not be incorporated in the Work unless the OC SAN’S REPRESENTATIVE has notified the DESIGN-BUILDER in writing that such testing and inspection will not be required. The cost of performing all factory and mill tests shall be paid by the DESIGN-BUILDER unless otherwise required by the Construction Documents. The DESIGN-BUILDER shall furnish such samples of materials as are requested by the OC SAN’S REPRESENTATIVE without charge. No material shall be used until accepted by the OC SAN’S REPRESENTATIVE. Samples will be secured and tested whenever necessary to determine the quality of the material. Cost for testing not specifically required by the Construction Documents will be paid by OC SAN. GR-25 EQUIPMENT TESTING The DESIGN-BUILDER shall test all equipment to show conformance with the Construction Documents as specified herein. Material testing and other specific factory and field-testing requirements for particular equipment may be specified in the equipment Specification sections. Detailed system acceptance test requirements are specified in Specification section 01810, Commissioning, and other sections of these Specifications (e.g., section 16080, Electrical Testing, and section 17405, Instrumentation and Control) where applicable. Testing shall be performed as follows: 1. All equipment shall be tested to verify its specified functionality. The DESIGN- BUILDER shall provide at least three (3) calendar weeks in advance notification for the OC SAN’S REPRESENTATIVE to attend all Off-Site testing/fabrications/welding and inspections of equipment if desired. 2. All specified equipment parameters are subject to verification during all tests. Project P2-141 GENERAL REQUIREMENTS PAGE 33 3. Where possible, devices and systems shall be run through their entire range of operation to verify performance and required limit settings – switches, gate stops, etc. 4. All equipment, piping, etc. which may contain fluid shall be tested for leakage at full system operating pressure unless specified otherwise. Fluids for testing plant processes will initially be clean water, if available. The reliability acceptance testing will utilize actual process fluids unless specified otherwise. 5. Electrical and instrumentation systems shall be tested for proper connections. 6. All equipment shall be subject to a complete functional acceptance test (FAT) and a reliability acceptance test (RAT) as required in these Construction Documents. OC SAN operations personnel are typically involved in these tests as part of their training. The equipment will be operated at all achievable operating conditions. 7. Equipment exhibiting unusual or unacceptable operating characteristics shall be disassembled and inspected and defective components replaced by the DESIGN- BUILDER. 8. After the successful completion of FAT, all equipment shall be inspected for loose connections, leaking fluids, and any irregularities. All field-aligned equipment shall be checked for required alignment and, if necessary, re-aligned by the DESIGN- BUILDER after the equipment has reached operating temperature. 9. Failure to meet specified requirements shall be cause for retesting at the DESIGN-BUILDER ’s expense until the requirements are met. Interruption of a continuous operation test due to equipment malfunction shall be cause to restart the test after repairs. 10. SCADA system programming will be provided by OC SAN when so specified in Specification section 17405, Instrumentation and Control. The DESIGN-BUILDER shall accommodate testing of programming by OC SAN as necessary in both the FAT and RAT. Equipment may be progressively operated and monitored by the SCADA system as programming is tested. 11. All testing instrumentation that can be calibrated shall have been calibrated within one year of testing operations. 12. The DESIGN-BUILDER shall furnish all power, ventilation, consumables, utilities, and temporary facilities necessary for tests if permanent systems are not available at the time of testing. 13. Qualified technicians, Electricians, and calibrated test instruments shall be provided by the DESIGN-BUILDER as necessary to perform tests. Certifications for test instruments and technical personnel shall be provided to prove the performance of tested equipment beyond reasonable doubt. In addition, the DESIGN-BUILDER shall furnish its own personnel, as needed, to make adjustments or alterations recommended by the equipment manufacturer’s representative(s). The DESIGN-BUILDER shall be responsible for coordinating testing of equipment and training sessions of OC SAN staff. The DESIGN-BUILDER shall join the Project Commissioning Team as defined in Specification section 01810, Commissioning. The DESIGN-BUILDER’S Training Representative shall have equivalent experience in similar projects. The Commissioning Team will meet as needed, but at least monthly, until the facility Beneficial Occupancy occurs. GENERAL REQUIREMENTS Project P2-141 PAGE 34 The DESIGN-BUILDER shall propose a schedule for required testing and training for each piece of equipment or system at least two months prior to any event and the Commissioning Team will ensure that it is workable and effective. The DESIGN-BUILDER shall submit to OC SAN’S REPRESENTATIVE for their review and acceptance, the complete testing procedures for each system, including the forms to be used for recording the test results, prior to the FAT as defined in Specification section 01810, Commissioning. The schedule shall be updated weekly. Facility documentation and training shall be completed and accepted by OC SAN prior to the RAT as defined in Specification section 01810, Commissioning. The DESIGN-BUILDER shall document the results of all testing with standard forms that were previously submitted and accepted, containing the equipment name, manufacturer, model, and serial number; equipment tag number; a diagram showing bearing locations; operating parameters; test equipment, witness signatures; and date. Include the motor and driven device on the same document. Submit the original and three copies of all records produced during the testing program. Submit documentation of all test equipment and its calibration prior to testing. A complete set of all original testing documentation shall be maintained by the DESIGN-BUILDER and submitted prior to Beneficial Occupancy. The testing documentation shall be organized in binders by equipment number and have an index of included equipment listing the name and number of the tested equipment. GR-26 SHIPPING, STORAGE & HANDLING OF MATERIALS & EQUIPMENT DESIGN-BUILDER shall provide sufficient delivery location information (contact name and phone number) to shippers for proper delivery to the DESIGN-BUILDER’s office or Work site. Deliveries without proper information will not be allowed access to the site. The DESIGN-BUILDER shall store all work materials and equipment to ensure the preservation of their quality and fitness. Storage conditions shall be in accordance with the manufacturer’s requirements and shall be acceptable to the OC SAN’S REPRESENTATIVE for all materials and equipment not yet incorporated into the Work. When considered necessary by the OC SAN’S REPRESENTATIVE, said material and equipment shall be placed on platforms, covered, and provided with an internal and external moisture protection system. Stored materials or equipment shall be so located as to facilitate prompt inspection. Any material or equipment which has not been effectively stored or protected shall be considered defective and subject to rejection. Off-site storage facilities shall be accessible to the OC SAN’S REPRESENTATIVE and shall be insured for full value. Certification of bonded warehouse or other insured storage facility shall be submitted to and accepted by the OC SAN’S REPRESENTATIVE prior to any request for payment by the DESIGN-BUILDER. All arrangements and costs for storage facilities shall be paid by the DESIGN-BUILDER, unless specifically designated in the Construction Documents. The DESIGN- BUILDER shall maintain an inspection log verifying stored conditions on a monthly basis, available for OC SAN’S REPRESENTATIVE’s inspection upon request. Equipment and materials stored within the treatment plants shall not be stored outside of the Work and Staging Areas identified in the Construction Documents or otherwise assigned by the OC SAN’S REPRESENTATIVE. GR-27 DEFECTIVE MATERIALS AND EQUIPMENT All materials and equipment not conforming to the Construction Documents shall be considered defective even though OC SAN’S REPRESENTATIVE may have previously overlooked and accepted them. All such materials and equipment, whether in place or not, shall be rejected and be removed immediately from the worksite unless otherwise permitted by OC SAN’S Project P2-141 GENERAL REQUIREMENTS PAGE 35 REPRESENTATIVE. No rejected material or equipment, the defects of which have been subsequently corrected, shall be used until accepted in writing by OC SAN’S REPRESENTATIVE. Upon failure on the part of the DESIGN-BUILDER to comply with any order of OC SAN’S REPRESENTATIVE made under the provisions of this section, OC SAN’S REPRESENTATIVE shall have authority to remove or replace defective material and equipment and to deduct the cost of removal and replacement from any monies due or to become due the DESIGN-BUILDER. GR-28 EQUIPMENT SERVICE MANUALS For the equipment service manual requirements, refer to the respective Specifications section. CONTROL OF WORK GR-29 INSPECTION DESIGN MANAGER, OC SAN’S REPRESENTATIVE and other OC SAN Agents shall at all times have access to the entire worksite during construction and shall be furnished with every reasonable facility for ascertaining that the stock and materials used and employed, and the workmanship, are in accordance with the requirements and intentions of the Specifications. All Work done and all materials furnished shall be subject to inspection and acceptance. The DESIGN-BUILDER shall give twenty-four (24) hour notice to OC SAN’S REPRESENTATIVE in advance of backfilling or otherwise covering any part of the Work so that OC SAN’S REPRESENTATIVE may, if desired, observe such part of the Work, before it is concealed. The DESIGN-BUILDER shall give twenty-four (24) hour written notice for all required inspections. (Whenever the DESIGN-BUILDER varies the period during which work is carried on each day, the DESIGN-BUILDER shall give due notice to OC SAN’S REPRESENTATIVE so that proper inspection may be provided.) The DESIGN-BUILDER shall give two (2) weeks written notice for all offsite inspections or testing and provide written notice at least one day in advance to cancel any inspection work. The DESIGN-BUILDER shall execute and schedule the Work per the Construction Documents with the full knowledge of OC SAN’S REPRESENTATIVE or agent(s), and any Work done without the knowledge of OC SAN’S REPRESENTATIVE or agent(s) shall be subject to rejection. The inspection of the Work or payment therefore shall not relieve the DESIGN-BUILDER of any obligations to fulfill the Contract as prescribed. Defective Work shall be made good. Unsuitable materials may be rejected, notwithstanding that such defective Work and materials have been previously overlooked by OC SAN’S REPRESENTATIVE and accepted or estimated for payment. When OC SAN’S REPRESENTATIVE indicates in writing to the DESIGN-BUILDER that any part of the Work does not comply with the Construction Documents, it shall be considered to be rejected. The DESIGN-BUILDER shall reimburse the cost of re-inspections for all disciplines performed by OC SAN’S REPRESENTATIVE as result of failures or lack of workmanship. Requests from the DESIGN-BUILDER to perform Work on Saturdays, Sundays, OC SAN- recognized holidays, and/or outside the regular established eight (8) hour working day, require written notification to OC SAN’S REPRESENTATIVE seven (7) days prior to commencing such “overtime” work. DESIGN-BUILDER shall reimburse OC SAN by a credit Change Order for all additional expenses to OC SAN for inspection, testing services, and other incidental expenses caused by such overtime work elected by the DESIGN-BUILDER. The DESIGN-BUILDER shall complete and provide an “Overtime Request Form” to initiate the overtime request. Requested overtime work shall commence only upon approval by OC SAN’S REPRESENTATIVE. OC SAN recognizes the following holidays for the purposes of this General Requirement: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, GENERAL REQUIREMENTS Project P2-141 PAGE 36 Veteran’s Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Eve, and Christmas Day. Reimbursement to OC SAN for inspection overtime and expenses shall not be required for extra work or Work specifically required by the Contract to be performed outside the regular workday or on recognized holidays. Holidays that occur on Saturdays and Sundays will be observed on preceding Fridays and following Mondays, respectively. Discontinuance of overtime work schedules elected by the DESIGN-BUILDER may be necessary, should OC SAN determine that Public/OC SAN interests are no longer served. Projects financed in whole or in part with federal or state funds will be subject to inspection and audit by the federal and state agency involved. GR-30 SUBMITTAL PROCEDURES A. General The DESIGN-BUILDER shall comply with the following general methods and requirements of submissions applicable to the Work-related submittals and related documentation including DESIGN-BUILDER-generated drawings, manufacturer’s test procedures, test results, samples and product data, equipment service manuals, OC SAN personnel training plans, requests for substitutions, mobilization plan and all miscellaneous Work-related submittals. The DESIGN-BUILDER shall submit to OC SAN’S REPRESENTATIVE all required shop drawings, and other Work related submittals in accordance with the General Requirements section entitled “Shop Drawing Submittals”, and applicable individual Specifications sections. All submittals shall be endorsed by the DESIGNER OF RECORD to confirm that they conform to the Contract Requirement’s. Where required by the Construction Documents, submittals shall be for OC SAN’S REPRESENTATIVE’S review and acceptance. All other submittals shall be marked “for information only,” All submittals by Subcontractors shall be sent to the DESIGN-BUILDER for review and endorsement by the DESIGNER OF RECORD prior to submittal to OC SAN’S REPRESENTATIVE. No submittals shall be forwarded directly to OC SAN’S REPRESENTATIVE by Subcontractors and/or the manufacturers. The DESIGN-BUILDER shall be responsible for Subcontractors’ submissions at the proper time to prevent delays in delivery of materials. Project Work, materials, fabrication, and installation shall conform to the accepted shop drawings, applicable samples, product data, and Construction Documents. Submittals found to be inaccurate, incomplete, or otherwise in error shall be returned to the CONTRACTOR for correction before submission thereof. Resubmittals shall be required on all submittals until they are accepted by DESIGNER OF RECORD, in accordance with the General Requirements article entitled “Shop Drawing Submittals.” A resubmittal must be submitted complete; a partial resubmittal shall not be accepted. For example, if a submittal contains thirty (30) pages but only five (5) pages have corrections, DESIGN-BUILDER shall resubmit the entire thirty (30) pages inclusive of the corrected pages. Shop drawings and other submittals will be reviewed no more than twice at OC SAN’s expense. All subsequent reviews will be performed at times convenient to OC SAN’S REPRESENTATIVE and at the DESIGN-BUILDER’s expense, based on OC SAN’S REPRESENTATIVE’s prevailing rates. The DESIGN-BUILDER shall reimburse OC SAN for all such fees invoiced by OC SAN’S REPRESENTATIVE. Project P2-141 GENERAL REQUIREMENTS PAGE 37 Any need for more than one resubmission, or any other delay in obtaining OC SAN’S REPRESENTATIVE’s review of submittals, will not entitle DESIGN-BUILDER to extension of the Contract Time. The DESIGN-BUILDER shall submit for OC SAN’S REPRESENTATIVE’s review and acceptance of the shop drawings and/or other Work-related submittals that result from an approved Change Order as defined in the General Conditions. Submittals including product data for information only will not be subject to submittal review procedures. Such submittals shall be provided as part of the Work under this Contract and its acceptability shall be determined under normal inspection procedures. B. Electronic Format/Submittal Identification System The DESIGN-BUILDER shall submit all submittals electronically for review. Electronic submittals shall be in PDF format unless otherwise specified under individual specifications with security restrictions set to enable commenting so that OC SAN’S REPRESENTATIVE’s comments can be added to the document using Bluebeam Revu. PDF files shall be searchable and include Bookmarks/Tabs identifying specific sections/sub-sections to separate each product and system. The DESIGN-BUILDER shall utilize a nine (9) character submittal identification number preceded by the Project or Contract number and followed by a submittal title in the following manner: • Project number: The Project or Contract number. • Specifications section number: The first five (5) digits shall be the applicable Specifications section number. • Sequence number: The next three (3) digits shall be the numbers 001-999 to sequentially number each individual submittal that makes up the complete submittal for the Specifications section number. • Revision letter: This character shall be a letter, A-Z, indicating the submission of that submittal, i.e., "A” for 1st submission, “B” for 2nd submission (first resubmission), “C” for 3rd submission (second resubmission), etc. • Title: Submittal title or subject designated on the Submittal Transmittal Form. See “Submittal Transmittal” later in this General Requirements section. Filename example, “P1-101_03300-008-B_Concrete_Mix_Design.pdf,” where: • “P1-101” indicates the Project or Contract number. • “03300” indicates the related Specifications section number. • “008” indicates this is the eighth (8) submittal under the related Specifications section; this also indicates that seven (7) other unique submittals have been provided for Specifications section 03300. • “B” indicates the second submission (first resubmission) of that submittal. • "Concrete_Mix_Design” indicates the submittal title. Capitalize each word in the submittal title and separate each word with an underscore “_” character. C. Uploading Submittals The DESIGN-BUILDER shall upload all electronic submittals for transfer to location designated by OC SAN staff. DESIGN-BUILDER shall provide notification to OC SAN that electronic submittal has been provided. D. Hard Copy Format GENERAL REQUIREMENTS Project P2-141 PAGE 38 Unless otherwise specified, the DESIGN-BUILDER shall provide one (1) hard copy for each finalized submittal with a “ACCEPTED” status. Some submittals, for example Specifications section 02270, Stormwater Pollution Prevention Plan and Contractor Safety Standards, may require additional hard copies during their submittal process which will be detailed in those Specifications. Shop drawings and product data sheets 11-inch x 17-inch and smaller shall be bound together in an orderly fashion. Submittals shall be assembled using screw post binding/Chicago screws. Each submittal assembly shall include tabbed sheets to separate each product and system, with typed description of product and major component parts. When multiple binders are used, correlate data into related groupings. E. Submittal Transmittal Each submittal shall be accompanied by a dedicated transmittal signed by the DESIGN-BUILDER and endorsed by the DESIGNER OF RECORD. OC SAN will provide DESIGN-BUILDER a sample transmittal following Notice to Proceed. If the DESIGN-BUILDER proposes to provide material, equipment, or method of Work which deviates from the Construction Documents, the DESIGN- BUILDER shall indicate so under “deviations” on the Submittal Transmittal Form accompanying the submittal copies. GR-31 SHOP DRAWING SUBMITTALS A. General Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data that are prepared by the DESIGN-BUILDER, DESIGNER OF RECORD, Subcontractors, manufacturers, Suppliers, and/or distributors, and which illustrate some portion of the Work. Additional examples of shop drawings include custom-prepared data such as fabrication and erection/installation (working) drawings, detailed design calculations, lists, graphs, scheduled information, setting diagrams, actual shopwork manufacturing instructions, operating instructions, custom templates, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports including performance curves and certifications as applicable to the Work. Project P2-141 GENERAL REQUIREMENTS PAGE 39 B. Shop Drawing Review Shop drawing submittals shall contain sufficient storage, installation, operation and maintenance information to allow OC SAN’S REPRESENTATIVE to confirm compliance with the manufacturer’s recommendations during the storage, installation, startup and testing of the equipment. Such information shall also be sufficient for review of the equipment regarding operation and maintenance requirements for the equipment after it is in service. The DESIGN-BUILDER shall review, mark with DESIGN-BUILDER’s approval, and submit for OC SAN’S REPRESENTATIVE’s review and acceptance, the shop drawings as called for in the Construction Documents, and as requested by OC SAN’S REPRESENTATIVE. Shop drawings not required by the Construction Documents to be submitted for OC SAN’S REPRESENTATIVE’s review and acceptance shall be submitted to the DESIGNER OF RECORD for review and acceptance and shall be submitted to OC SAN’S REPRESENTATIVE, marked “for information only” after acceptance by the DESIGNER OF RECORD. All such shop drawings shall include confirmation of acceptance by the DESIGNER OF RECORD. Shop drawings shall show the name of the Project, the DESIGN-BUILDER, and, if any, the names of Suppliers, manufacturers and Subcontractors. Shop drawings shall be submitted in a prompt and orderly sequence to not cause any delay in prosecution of the Work. Each shop drawing submittal shall include the submitted Specifications section, with addendum updates included, and all referenced and applicable sections, with each paragraph check marked to indicate specification compliance or marked to indicate requested deviations from specification requirements. Check marks shall denote full compliance with a paragraph as a whole. If deviations from the Specifications are indicated, and therefore requested by the DESIGN-BUILDER, each deviation shall be underlined and denoted by a number in the margin to the right of the identified paragraph, referenced to a detailed written explanation of the reasons for requesting the deviation. OC SAN’S REPRESENTATIVE shall be the final authority for determining acceptability of requested deviations. The remaining portions of the paragraph not underlined will signify compliance on the part of the DESIGN-BUILDER with the Specifications. Failure to include the marked-up Specifications section, along with justification(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration. C. Shop Drawing Review Period Within twenty-five (25) calendar days after receipt of a shop drawing submittal, OC SAN’S REPRESENTATIVE will return comments, if any, to the DESIGN-BUILDER to include an electronically signed transmittal with submittal stamp. When a submittal is of a complete system, complex piece of equipment, or deemed necessary by OC SAN’S REPRESENTATIVE, OC SAN’S REPRESENTATIVE shall extend the shop drawing review period to thirty-five (35) calendar days. OC SAN will notify DESIGN-BUILDER on the occasions where the longer review time is required. OC SAN’S REPRESENTATIVE will work with the DESIGN-BUILDER to define those submittals that would require the extended return date. For shop drawing submittals that are of a complete system or a complex piece of equipment, the DESIGN-BUILDER shall provide a meeting, prior to submitting the shop drawings, to review the requirements and a second meeting to discuss OC SAN’S REPRESENTATIVE’s comments to submitted shop drawings. DESIGN-BUILDER’s Supplier’s / manufacturer’s engineer or staff involved in developing the shop drawings shall participate in the meetings. Examples of complete systems and complex pieces of equipment include: • Packaged odor control systems • Packaged HVAC systems GENERAL REQUIREMENTS Project P2-141 PAGE 40 • Electrical/I&C Control Panels • Switchgear • Engineered mechanical equipment - pumps, grinders, bar screens, blowers, clarifier drives, etc. Submittals received after 3 pm Monday through Thursday shall be processed the next business day. Submittals received on Friday shall be processed the following Monday or the next business day. D. Shop Drawing Submittal Return Status Along with submittal comments, a submittal shall be returned with a status as defined below: • ACCEPTED • ACCEPTED AS NOTED • REVISE AND RESUBMIT If the submittal is returned to the DESIGN-BUILDER marked “ACCEPTED,” the submittal is in general conformance with the design concept of the Project and general compliance with the Construction Documents. Prior to receiving an “ACCEPTED” response for equipment and material drawings, any Work which the DESIGN-BUILDER may do on fabrications covered by the same shall be at DESIGN-BUILDER‘s own risk, as OC SAN will not be responsible for any expense incurred by the DESIGN-BUILDER for changes needed to make the same conform to all Contract requirements. If the submittal is returned to the DESIGN-BUILDER marked “ACCEPTED AS NOTED,” the DESIGN-BUILDER shall incorporate all comments and, within thirty (30) days from the return of the submittal, resubmit the complete shop drawing(s). The complete shop drawing(s) shall be resubmitted in its entirety, to include a copy of the DESIGN-BUILDER’s responses to all comments received on the submittal series designated with the next revision letter in accordance with the General Requirements section entitled “Submittal Procedures.” If the thirty (30) day turnaround timeline is not met, OC SAN’S REPRESENTATIVE will change the status of the submittal to “REVISE AND RESUBMIT.” No payment for facilities constructed and/or installed will be made until the final submittal has received an “ACCEPTED” response. A submittal returned to the DESIGN-BUILDER marked “REVISE AND RESUBMIT” implies the submittal contained some of the required information and generally meets specified requirements; however, there was a significant amount of missing or illegible information, errors on multiple documents, or a significant amount of comments were made such that the entire packet needs to be resubmitted and reviewed again. A “REVISE AND RESUBMIT” response does not mean the entire submittal was reviewed and all possible comments have been provided. A submittal returned to the DESIGN-BUILDER without status implies the DESIGN-BUILDER has either submitted an item that is significantly not per specifications, the submittal lacked even the bare minimum of information to begin a review, or there were significant errors or illegible information provided within the submittal. If the submittal is returned to the DESIGN-BUILDER marked with no status or “REVISE AND RESUBMIT,” the DESIGN-BUILDER shall correct the shop drawings to conform to OC SAN’S REPRESENTATIVE’s comments and resubmit. The complete shop drawing(s) shall be resubmitted in its entirety to include a copy of the DESIGN-BUILDER’s responses to all comments received on the submittal series, designated with the next revision letter in accordance with the General Requirements section entitled “Submittal Procedures.” Project P2-141 GENERAL REQUIREMENTS PAGE 41 The review by OC SAN’S REPRESENTATIVE is only to determine general conformance with the design concept of the Project and general compliance with the Construction Documents. The review shall not be construed as relieving the DESIGN-BUILDER of the full responsibility for the following: providing materials, equipment, and Work required by the Contract; proper fitting and construction of the Work; accuracy and completeness of the shop drawings; selection of fabrication processes and techniques of construction; and performance of the Work in a safe manner. No portion of the Work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by OC SAN’S REPRESENTATIVE and returned to the DESIGN-BUILDER with a notation indicating “ACCEPTED” or “ACCEPTED AS NOTED” where the noted comments do not affect the Work for which DESIGN-BUILDER is commencing. If the DESIGN-BUILDER believes that any shop drawing or communication relative thereto calls for changes in the Work for which the Contract Amount or time or completion should be changed, the DESIGN-BUILDER shall immediately notify OC SAN’S REPRESENTATIVE and request a Change Order in accordance with the General Conditions and General Requirements. E. DESIGN-BUILDER Approval The DESIGN-BUILDER shall obtain and review the manufacturer’s shop drawings and other pertinent data for conformance with all requirements of the Construction Documents prior to forwarding submittals to OC SAN’S REPRESENTATIVE for review. The DESIGN-BUILDER, at its sole expense, shall make any necessary changes in the shop drawings to make them conform to the Construction Documents. After completion of the review, verification and revisions, the DESIGN-BUILDER shall stamp and sign the shop drawings indicating compliance with the Construction Documents and the DESIGN-BUILDER’s approval. The DESIGN-BUILDER shall submit all shop drawings and pertinent data for all equipment and material to the OC SAN’S REPRESENTATIVE for acceptance no later than at fifty (50) percent completion of the Contract. F. Field Measurements and Data Sheets All details on shop drawings submitted for review and acceptance shall show clearly the relation of the various parts to the main members and lines of the structure, and, where correct fabrication of the Work depends on field measurements, such measurements shall be made and noted on the drawings before being submitted to DESIGNER OF RECORD for review and acceptance. Shop drawings for all equipment and materials proposed for the Work shall be submitted with a data sheet(s). Specific model numbers of equipment submitted shall be identified on all data sheets. If the data sheet(s) format is not acceptable to OC SAN’S REPRESENTATIVE, OC SAN’S REPRESENTATIVE will provide the required sheet format to the DESIGN-BUILDER. Data sheet(s) should include as a minimum the following: For Material: • Brand names • Manufacturer • I.D. Plate – Product No., etc. • Specifications section • Intended use of product, locations where the submitted materials will be used, etc. For Equipment: GENERAL REQUIREMENTS Project P2-141 PAGE 42 • Brand name and manufacturer • I.D. Plate – Product No., etc. • Packager, assembler, or supplier • Specifications section • Intended use of product, locations where the submitted equipment will be used, OC SAN equipment numbers, etc. Electrical or Fuel-driven Equipment: i. Motor or driver nameplate data ii. Equipment designation, size, capacities, etc. iii. Accessories Non-powered Equipment: iv. Size v. Special features Control, Metering and Electrical: vi. Material list vii. Special features Refer to the individual Specifications sections regarding applicable licensing, certifications and/or Professional Engineer’s signed stamps to be included with each respective item submittal. Refer to the section entitled “Material and Equipment” of these General Requirements regarding proposed substitutions. G. Spare Parts Shop drawing submittals for all equipment requiring maintenance or consumables shall include a manufacturer’s recommended spare parts list. Unless specifically indicated otherwise, spare parts shall not be provided by the DESIGN-BUILDER. Spare parts will be purchased by OC SAN as necessary based on the lists provided by the equipment Suppliers. The list shall include the part manufacturer’s name and part number. All equipment in the Contract supported by each part shall be identified. GR-32 SUPPLEMENTAL DRAWINGS AND INSTRUCTIONS A. Clarification of the Design After the award or during the progress of the Work, if it appears that the Work to be done or any matter relative thereto requires additional explanation, the DESIGN-BUILDER shall request further explanation from the DESIGNER OF RECORD. The DESIGNER OF RECORD will furnish, by means of drawings or written clarification, such additional instructions as are required for clarification or proper execution of the Work. All such instructions shall be consistent with the Contract and reasonably inferable therefrom. All instructions issued by the DESIGNER OF RECORD to the DESIGN BUILDER shall be submitted to OCSAN’s REPRESENTATIVE in conformance with the requirements of GR 30. The Project P2-141 GENERAL REQUIREMENTS PAGE 43 DESIGN BUILDER shall not make any change to the Work as a result of such instructions until they have been reviewed by OCSAN’s REPRESENTATIVE. All drawings and revisions issued by the DESIGNER OF RECORD and delivered to the DESIGN- BUILDER after execution of the Contract shall be deemed written instructions to the DESIGN- BUILDER. The DESIGN-BUILDER shall comply with such written instructions as part of the Contract. The DESIGN BUILDER shall not be entitled to any change in the Guaranteed Maximum Price as a result of complying with such written instructions. All authorized alterations affecting the requirements and information given on the drawings and revisions issued by the DESIGNER OF RECORD shall be in writing. No changes shall be made on any plan or drawing after the same has been reviewed by OC SAN’S REPRESENTATIVE, unless such changes are authorized by OC SAN’S REPRESENTATIVE in writing. B. Other Changes If OC SAN’S REPRESENTATIVE requests in writing a change to the Work, either as a discretionary change or due to changes directed by a Governmental Body with jurisdiction over the Project, or portions thereof, or changes necessitated by amendment(s) to or enactment(s) of Applicable Laws, the DESIGN-BUILDER shall request the DESIGNER OF RECORD to prepare such drawings or other written clarification as are necessary for the execution of the change. All such instruction and written clarification shall be submitted to OCSAN’s REPRESENTATIVE in conformance with the requirements of GR 30. The DESIGN BUILDER shall not make any change to the Work as a result of such instructions until they have been reviewed by OCSAN’s REPRESENTATIVE. If the DESIGN-BUILDER believes that a change requested by OCSAN’S REPRESENTATIVE could not reasonably have been foreseen by the DESIGN BUILDER at the execution of the GMP and are not due to any cause for which an increase in the GMP is not permitted, then the DESIGN BUILDER shall notify OCSAN’s REPRESENTATIVE in accordance with the Change Order procedures of the General Conditions of Contract. No payment or extension of time for changes in the Work will be made unless the changes are issued in a fully executed Change Order in advance of the DESIGN-BUILDER’s proceeding with the changed Work. GR-33 EQUIPMENT AND INSTRUMENT DATABASE For the Equipment and Instrument Database (EID) requirements, refer to the respective Specification section. GR-34 AS-BUILT DRAWINGS A. General The DESIGN-BUILDER shall track changes from the original Plans by marking a set of Plans to show deviations made during construction. This full-size set of As-Built Drawings, including Subcontractor sections, shall be maintained in the DESIGN-BUILDER’s office, clean and dry, shall be legibly marked up and labeled, and shall be available for inspection during normal working hours. OC SAN reserves the right to withhold all progress payments, or any portion thereof, until all As- Built Drawings are brought up to date and accepted. B. Required Markings GENERAL REQUIREMENTS Project P2-141 PAGE 44 All changes to the facilities depicted on the Plans. 1. Formal changes resulting from Change Orders, Requests for Information (RFI), and/or Bulletins. 2. Informal, no cost changes and corrections requested or accepted by OC SAN’s REPRESENTATIVE. 3. DESIGN-BUILDER survey results correcting or enhancing data shown on the plans such as for underground piping, curb, gutter and road surfaces. 4. Changed and/or corrected dimensions, structural members, pipe sizes, designations, etc. 5. Changed and/or corrected tag, circuit, location numbers, and text, and all other designations and codes. 6. Details not in the original Construction Documents. Final locations of all facilities installed in the Work. 1. Revised pipeline alignment and invert elevations. 2. Revised manhole invert elevations including all laterals. Actual locations of all existing underground facilities shown on the Plans and/or discovered in work excavations. 1. Underground or embedded piping, conduit, and structures shown without dimensions. 2. Pipe and conduit fittings and changes of direction, size, embedment, or material. 3. Depths of various elements of foundation in relation to finish first floor datum. 4. Horizontal and vertical locations of underground and under slab utilities and appurtenances, referenced to permanent surface improvements. 5. Location of internal utilities and appurtenances referenced to visible and accessible features of the structure. References to related Change Order, RFI and/or Bulletin at affected details. Explanatory comments informal changes where the cause is significant but not obvious. C. Marking Content and Format As-built markings shall be legible, accurate, and explicit in presenting all changes from what is shown on the Plans. A draftsperson should be able to revise the Plans from the markings and supporting drawings. 1. Mark all changes, corrections and new data in red erasable pencil. Notes describing changes, such as indicating the relocation of a component on a schematic drawing with an arrow from the initial and final locations and “move”, should also be in red erasable pencil. 2. All explanatory notes and comments shall be clearly printed in black ink. Cross out ink errors. Project P2-141 GENERAL REQUIREMENTS PAGE 45 3. Changes and corrections to dimensions and other text shall consist of lining out the original data and adding the revised data adjacent to it in red pencil. 4. The location of underground facilities shall be precisely dimensioned regardless of whether dimensions were included on the original Plans. • Survey data shall use Project grid and datum. • Existing underground features shall be dimensioned to nearest inch or surveyed. • Show actual measured dimensions, not calculated values. • Angle points and surfaces shall be dimensioned relative to substantial aboveground structures in the vertical and two horizontal planes. • Existing piping crossing an excavation shall be location dimensioned at both ends of its crossing and at angle points. Major changes to the As-Built Drawings may be rendered by inserting new drawings or sketches into the As-Built Drawing set. New drawings are generally created through a Change Order or in response to a RFI or Bulletin. 1. Insert each revised plan drawing into the As-Built Drawing set in front of the superseded drawing, including all relevant RFIs, Bulletins and Change Orders. 2. Sketches or revised details shall be attached to the parent drawing over or next to the original detail or to the back of the preceding sheet in the As-Built Drawing set. • Reduce details by no more than 50 percent. All writing shall be legible. • Where marked changes are crowded, attach small sheets to add more detail. • Do not obscure valid details with attached sheets. • Attach at top edge with tape so sheet may be lifted to see covered details. • Use a small amount of tape at the bottom edge to control flapping if necessary. a. Every attached drawing shall reference its affected detail(s) b. Every affected detail shall reference all drawings modifying it. (e.g., – “See CO #3, SK-2”) Draw new, relocated, and realigned facilities approximately to scale unless location can be indicated by modifying existing dimensions. c. Use a straightedge and circle template or compass to draw facility outlines. d. Show relative size and locations of all installed panels. e. Cloud the affected area on the drawings with a red pencil and note the RFI, Change Orders, or Bulletin number. D. Update and Review of As-Built Drawings Update drawings within two (2) weeks of the completion of changed Work. For example, for concrete placed different from that indicated on the Plans, the As-Built Drawings shall be marked with the actual sizes and locations within two (2) weeks after removing the forms. As-Built Drawings will be inspected monthly. The DESIGN-BUILDER shall request in writing a recurring monthly meeting with OC SAN’S REPRESENTATIVE to initial all GENERAL REQUIREMENTS Project P2-141 PAGE 46 informal changes. All other changes will be referenced to a Change Order, RFI, and/or Bulletin. OC SAN’S REPRESENTATIVE will review the DESIGN-BUILDER’s As-Built Drawings prior to progress payment submittal. At the completion of the Work, the DESIGN-BUILDER shall request in writing a meeting with OC SAN’S REPRESENTATIVE to inspect the DESIGN-BUILDER’s As- Built Drawings prior to their final submittal. The As-Built Drawings will be inspected by OC SAN’S REPRESENTATIVE and comments, if any, will be provided to DESIGN- BUILDER. After all comments have been addressed, the As-Built Drawings shall be turned over to OC SAN. E. Preparation of Record Drawings The DESIGN BUILDER shall submit the Draft Record Drawings to OC SAN within 90 calendar days of receipt of comments on the As-Built Drawings from OC SAN REPRESENTATIVE. The final Record Drawings shall be submitted within 28 calendar days of receipt of OC SAN’s comments on the Draft Record Drawings. The DESIGN BUILDER 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, temporary bracing of shoring and shop drawings will not be updated. The DESIGN BUILDER shall submit the Draft Record Drawings to OC SAN’S REPRESENTATIVE. The Draft Record Drawings will be reviewed for content and CAD compliance by OC SAN staff. A comment log will be returned to the DESIGN BUILDER and, if any comments are generated, the DESIGN BUILDER shall revise the Record Drawings and resubmit to OC SAN’S REPRESENTATIVE for review of the changes and acceptance of the Record Drawings. When no additional comments are identified, the DESIGN BUILDER shall prepare the Final Record Drawings and submit them in accordance with the OC SAN CAD Manual Chapter 12. All Record Drawings shall contain a stamp indicating: 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 DESIGN BUILDER shall submit an electronic copy of the Record Drawings to OC SAN’S REPRESENTATIVE for review and acceptance. Acceptance of Record Drawings shall be required before release of final payment. The format and quantities for delivery of the submittals shall be as listed below: Project P2-141 GENERAL REQUIREMENTS PAGE 47 “Record Drawings These record drawings have been prepared based on information provided by others. The Designer of Record 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.” Hard Copy Sets None None All related electronic files, including CAD and to OC SAN to OC SAN GR-35 METHODS AND APPLIANCES The methods, equipment, appliances and working force employed by the DESIGN- BUILDER shall be such as will secure Work of acceptable quality and sufficient to complete the Work in the time agreed upon. The OC SAN’S REPRESENTATIVE may order, in writing, the DESIGN-BUILDER to improve, change or increase such methods, equipment, appliances or force, which the OC SAN’S REPRESENTATIVE deems to be inadequate or insufficient. Failure of the OC SAN’S REPRESENTATIVE to make such an order shall not relieve the DESIGN- BUILDER from the obligation to perform the Work in accordance with the Construction Documents and within the required time. GR-36 SURVEY A. General All Work under this Contract shall be built in accordance with the lines, grades, tolerances and materials and equipment requirements as shown on the Construction Documents. Distances and measurements, except elevations and structural dimensions are given and made on horizontal planes. Although measurement, sampling, and testing may be considered evidence as to conformity, OC SAN’S REPRESENTATIVE shall be the sole judge as to whether the Work or materials deviate from the Construction Documents and will require that decision as to any allowable deviations be approved by the DESIGN MANAGER. DESIGN-BUILDER shall notify OC SAN’S REPRESENTATIVE, in writing, a minimum of forty-eight (48) hours prior to needing OC SAN provided survey work described herein. B. Treatment Plant Work. All controls, lines, and grades necessary for the accurate construction of the Work under this Contract, except the basic reference line and benchmark, shall be furnished by the DESIGN-BUILDER at DESIGN-BUILDER’s expense. Only a land surveyor licensed in the State of California shall be employed for this Work. Monuments for principal control points shall be set by the DESIGN-BUILDER and shall be protected by the DESIGN-BUILDER from disturbance. If the monuments are disturbed, any Work that is governed by these monuments shall be held in abeyance until the monuments are reestablished by the DESIGN-BUILDER and accepted by DESIGN- MANAGER. The accuracy of all the DESIGN-BUILDER’s stakes, alignments and grades is the responsibility of the DESIGN-BUILDER. However, OC SAN’S REPRESENTATIVE has the discretionary right to check the DESIGN-BUILDER’s stakes, alignments, and grades at any time. Where such discretion is to be exercised by OC SAN’S REPRESENTATIVE, OC SAN’S REPRESENTATIVE will notify the DESIGN-BUILDER of DESIGN-BUILDER’s intention, stating the time at which the GENERAL REQUIREMENTS Project P2-141 PAGE 48 checking will commence. Any part of the Work in progress, the results of which are predicated directly upon the DESIGN-BUILDER’s stakes, alignments, or grades to be checked, shall be held in abeyance until OC SAN’S REPRESENTATIVE has notified the DESIGN-BUILDER that the checking has been completed and the Work has been found to be in accordance with the Construction Documents. C. Trunk line Work, Outside Treatment Plant Boundaries. DESIGN-BUILDER shall provide offset line and grade stakes at ground level and will furnish cut sheets therefor. The DESIGN-BUILDER shall be responsible for transfer of such offset line and grade into the trench for construction of the Work and for the accuracy of such transfer. Cost of such transfer shall be included in the unit prices Bid for the Work and no extra compensation will be made. The DESIGN-BUILDER shall survey the pipeline alignment and invert elevation daily to verify installed tolerances. If the installed pipeline does not meet the tolerances specified in the applicable pipeline Specifications section controlling the Work, DESIGN-BUILDER shall notify the OC SAN’S REPRESENTATIVE immediately. D. Preservation of Survey Work. The DESIGN-BUILDER shall preserve benchmarks, survey stakes, and points set for lines, grades, or measurement of the Work in their proper places until authorized by the OC SAN’S REPRESENTATIVE to remove them. In the case of their destruction or removal by the DESIGN-BUILDER, employees, or agents, they shall be replaced by the OC SAN’S REPRESENTATIVE at the DESIGN-BUILDER’s expense. The DESIGN-BUILDER and the sureties shall be liable therefor. GR-37 CONSTRUCTION ACCESS AND COORDINATION A. Access During the construction period, the DESIGN-BUILDER will have use of the premises as directed by the OC SAN’S REPRESENTATIVE. OC SAN reserves the right and may undertake or award other contracts for additional Work on or near the Worksite. The DESIGN-BUILDER warrants that it has carefully reviewed the Construction Documents and all other pertinent information made available by OC SAN that relate to the nature and scheduling of other contracts that may be awarded and to constraints related to OC SAN operations, and in submitting its Bid and executing this Contract has taken into account the need to coordinate its Work with that of other DESIGN- BUILDER’s and/or OC SAN Operations. It is the express obligation and duty of the DESIGN-BUILDER under the Contract to coordinate its Work with the work of others. The following shall apply: • The DESIGN-BUILDER shall not have exclusive access to or use of Work areas or the Work site. OC SAN may require that DESIGN-BUILDER use certain facilities and areas concurrently with others. • OC SAN will endeavor to advise the DESIGN-BUILDER of the known others, including OC SAN Operations. Project P2-141 GENERAL REQUIREMENTS PAGE 49 • DESIGN-BUILDER shall cooperate and communicate with any other contractor performing work that may connect, complement, and/or interfere with the DESIGN-BUILDER’s Work and resolve any disputes or coordination problems with such DESIGN-BUILDER. B. General Coordination The DESIGN-BUILDER shall be responsible for coordinating any work carried on in the construction worksite by other parties or by OC SAN simultaneously with the construction Work for this Project. The DESIGN-BUILDER shall include as part of its GMP any costs that might be incurred as a result of coordinating the Work for this Project with such other work. In no case shall the DESIGN-BUILDER be entitled to additional compensation from OC SAN for damages suffered as a result of work being carried on in the construction worksite by other parties or by OC SAN simultaneously with the construction Work for this Project. However, if such work results in a delay to the DESIGN-BUILDER’s Work, the DESIGN-BUILDER may be entitled to an extension of time as specified in the General Conditions, Extension of Time for Delay. C. Coordination Between OC SAN Contractors When two or more OC SAN contractors are employed in related or adjacent work, each shall conduct work operation in such a manner as not to cause any delay or hindrance to the other. OC SAN will not be responsible for damage caused by such delays, but where such a delay, in the opinion of the OC SAN’S REPRESENTATIVE, is of such a nature that it could not have been prevented by a reasonable amount of cooperation on the part of the DEISGN-BUILDER, then the DESIGN-BUILDER may be entitled to an extension of time for completion of the Work as specified in the General Conditions, Extension of Time for Delay. The DESIGN-BUILDER shall afford other contractors’ reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly coordinate its Work with theirs. Nothing in this section shall be construed as relieving the DESIGN-BUILDER of the full responsibility for completing the Work in its entirety, for making good defective Work and materials, for protecting the Work from damage, for being responsible for damage, or for the Project as set forth in the General Conditions and General Requirements and other Construction Documents. No action undertaken by OC SAN under this section shall be deemed complete and acceptable, and such action shall not relieve the DESIGN-BUILDER, sureties, or insurers of the provisions of the Construction Documents relating to DESIGN-BUILDER’s insurance, indemnity, or guarantees. D. Coordination Between OC SAN DESIGN-BUILDER and Others or their Contractors The DESIGN-BUILDER shall coordinate the Work and cooperate with others, their contractors or workers operating on or adjacent to the worksite. In this respect, other parties, their contractors or workers shall have the right to enter upon the streets or rights-of-way for the purpose of performing their operations. Where contractors or workers employed by other agencies are employed in related or adjacent work in, or in the vicinity of, the construction areas for this Project, and where such work on the part of said parties results in a delay of the DESIGN-BUILDER’s GENERAL REQUIREMENTS Project P2-141 PAGE 50 Work, and where such a delay in the opinion of OC SAN’S REPRESENTATIVE, is of such a nature that it could not have reasonably been foreseen or anticipated by the DESIGN-BUILDER in time to take steps to prevent same, then the DESIGN-BUILDER may be entitled to an extension of time for completion of the Work as specified in the General Conditions, Extension of Time for Delay. E. Coordination Between OC SAN DESIGN-BUILDER and OC SAN Employees When OC SAN employees are engaged in work on or adjacent to the DESIGN- BUILDER’s worksite, the DESIGN-BUILDER shall cooperate with OC SAN in coordinating Project Work with the work being performed by OC SAN employees and shall conduct operations in such a manner as not to cause any delay or hindrance to the work being performed by said OC SAN employees. In instances such as this, OC SAN will cooperate fully with the DESIGN-BUILDER to prevent any delay or hindrance in the DESIGN-BUILDER’s Work. Should the work being performed by OC SAN employees result in a delay to the DESIGN-BUILDER’s Work, and should the delay, in the opinion of OC SAN’S REPRESENTATIVE, be of such a nature that it could not have been prevented by a reasonable amount of cooperation on the part of the DESIGN-BUILDER, then the DESIGN-BUILDER may be entitled to an extension of time as specified in the General Conditions, Extension of Time for Delay. F. Reports to OC SAN If any part of the DESIGN-BUILDER’s Work depends on the work of any other contractor or OC SAN for proper execution or results, prior to proceeding with its own Work, DESIGN-BUILDER shall promptly inspect and immediately, and in no event later than forty-eight (48) hours from when such work was made available to DESIGN- BUILDER, notify OC SAN’S REPRESENTATIVE of any discrepancies, or defects or failures to perform or complete said other work that would preclude or hinder the proper execution or achievement of the DESIGN-BUILDER’s Work. Failure to inspect and report such defects shall constitute an acceptance of the other contractor’s work as fit and proper for the reception of the work, except as to latent defects in the other contractor’s work. Further, any delays by the DESIGN-BUILDER in inspecting and/or reporting any defects in such work that results in delays to the DESIGN-BUILDER’s Work shall be the sole responsibility of the DESIGN-BUILDER and OC SAN will not be liable for any resulting delays and/or damages. Where DESIGN-BUILDER’s Work depends on access to any premises or right of ways that are (a) outside the construction areas for the Project, or (b) otherwise in use by other contractors or workers employed by other agencies, DESIGN-BUILDER shall provide written notice to OC SAN of its need for such access, the date when such access is needed and the expected duration of access needed to prosecute its Work. Such written notice shall be provided to OC SAN no later than thirty (30) days prior to DESIGN-BUILDER’s expected access date. Project P2-141 GENERAL REQUIREMENTS PAGE 51 G. Coordination Meetings The DESIGN-BUILDER shall attend such meetings and conferences, including a pre- construction meeting, arranged by OC SAN for the purpose of coordinating the Work. GR-38 PLANT ACCESS ROADS The DESIGN-BUILDER shall not block any access roads or entrances unless otherwise accepted by OC SAN’S REPRESENTATIVE. Under all circumstances, at least one-way traffic shall be maintained. The DESIGN-BUILDER shall provide all signs, traffic cones, flagman and other barriers for traffic detours. Plant emergency access routes as shown on the Construction Documents shall remain open at all times. DESIGN-BUILDER shall not excavate, store equipment, or otherwise restrict access for emergency vehicles on emergency routes. When Work is required in emergency routes, DESIGN-BUILDER shall provide necessary traffic control, including flagmen, to provide emergency access. Emergency routes shall be immediately restored and paved when Work is finished. DESIGN-BUILDER shall submit a plan to OC SAN’S REPRESENTATIVE within thirty (30) days of the Notice to Proceed to maintain emergency access and operator access to all operating facilities during construction for review. As circumstances and conditions change, the DESIGN-BUILDER shall submit revised access plans to the OC SAN’s REPRESENTATIVE. GR-39 RIGHT-OF-WAY The right-of-way for the facility to be constructed will be provided by OC SAN as shown on the Construction Documents. The DESIGN-BUILDER shall make arrangements and pay all expenses for additional area required by the DESIGN-BUILDER outside the limits of the right-of-way unless otherwise specified in the Construction Documents. Where rights-of-way are on public property, they shall be subject to the work permits to be issued by the proper public agencies. Work permits are to be obtained by the DESIGN-BUILDER at the DESIGN-BUILDER’s expense except as provided herein. In case of serious interference to the Work due to OC SAN delay in furnishing rights- of-way or easements necessary for the construction, the DESIGN-BUILDER will be allowed an extension of time to complete the Contract which is equal to the time lost by OC SAN delay. OC SAN shall not be liable for any damages, including but not limited to damage for expenses, overhead or extended overhead, resulting from such delay. GR-40 CONCURRENT WORK UNDER SEPARATE CONTRACT OC SAN may award separate contracts for products and installation for other work as may be indicated on the Drawings and in the Specifications as “Not in Contract”, “NIC”, “Future” or “Under Separate Contract”. OC SAN will make available, in a timely manner, drawings and specifications of work under separate contracts for coordination and further description of that work. If GENERAL REQUIREMENTS Project P2-141 PAGE 52 available, such information will include drawings, specifications, product data, lists and construction schedules for such work. Information concerning work under separate contracts or to be done directly by OC SAN will be provided for convenience only and shall not be considered Construction Documents even if included with Construction Documents. GR-41 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK Defective Work or unsuitable materials and/or equipment may be rejected, even though such defective items may have been previously overlooked by OC SAN’S REPRESENTATIVE. All Work which does not conform to the requirements of the Construction Documents shall be remedied or removed and replaced by the DESIGN- BUILDER in a manner acceptable to OC SAN’S REPRESENTATIVE. No compensation will be allowed the DESIGN-BUILDER for such removal or replacement. Any Work done beyond the lines and grades shown on the Plans, or any extra work done without written authority of OC SAN’S REPRESENTATIVE will be considered as unauthorized and no compensation shall be made therefor. All nonconforming materials shall be immediately removed from the site. Any defective or imperfect material or workmanship which may be discovered within the warranty period shall be corrected immediately by DESIGN-BUILDER upon receipt of notice thereof from OC SAN. All such corrections of defective or imperfect material or workmanship shall be made by the DESIGN-BUILDER without extra charge, notwithstanding that it may have been overlooked in previous inspections and estimates and the Work finally accepted by OC SAN. If the DESIGN-BUILDER fails to comply with any order of OC SAN’S REPRESENTATIVE made under the provisions of this section, OC SAN shall have the authority to cause defective Work to be remedied, or removed and replaced, and any unauthorized work to be removed by OC SAN forces, or otherwise, and to deduct the costs thereof from any monies due or to become due the DESIGN-BUILDER, or to bring suit against the DESIGN-BUILDER and the DESIGN-BUILDER’s sureties for money damages sustained by OC SAN or for specific performance of the contractual obligations of the DESIGN-BUILDER. GR-42 RESTORATION OF SURFACES All curbs, gutters, driveways, paving, sidewalks, and similar structures which are broken or damaged by the installation of the Work shall be reconstructed by the DESIGN-BUILDER. Reconstruction shall be of the same kind of material with the same finish, and in not less than the same dimensions as the original Work. Repairs shall be made by removing and replacing entire portions between joints or scores and not merely refinishing the damaged part. All Work shall match the appearance of the existing improvements as nearly as possible. Where asphalt pavement is disturbed and replaced, edges of existing pavement shall be saw cut back far enough to provide clean solid vertical surfaces before resurfacing material is placed. Project P2-141 GENERAL REQUIREMENTS PAGE 53 GR-43 FINAL CLEANUP Before Final Completion, the DESIGN-BUILDER shall remove all rubbish, excess materials, and concrete forms, and shall dismantle and remove the following: • DESIGN-BUILDER’s equipment. • Temporary construction power and other utilities, communications facilities, lighting, work and storage yard, and site offices. • On-site sanitary facilities and potable water facilities. • DESIGN-BUILDER's work and storage yard, and site offices, furnishings and office equipment, parking, demarcation fencing in the staging area, plants, temporary buildings and structures, and other construction facilities. • Temporary facilities used during construction, and access and security features including, but not limited to, site fencing, construction access gate and access security systems, security guards, guard stations and traffic guards. • Posted OSHA-required notices and Project signs. All parts of the Work shall be left in a neat and presentable condition. Excess mounds of earth shall be removed from the site. Ruts and depressions shall be filled and graded to drain in a manner to make the appearance of the completed Work acceptable to OC SAN’S REPRESENTATIVE. The DESIGN-BUILDER shall maintain all interiors of buildings and structures in broom- sweep clean condition at all times during construction of buildings and structures. Upon enclosing the buildings and/or structures and installation of process equipment, interior finishes and/or fixtures, the DESIGN-BUILDER shall maintain the buildings and structures in mop-clean or vacuum-clean condition. The DESIGN-BUILDER shall provide for a professional cleaning service to clean, dust, sanitize as necessary, and provide a mop-clean or vacuum-clean condition for the completed Project and, in particular, in all offices, control rooms, restrooms, laboratory, shop, process areas and any other enclosed area, as applicable, subject to daily or periodic personnel use, and shall complete this cleaning service no later than the commencement of Commissioning as set forth in the respective Specification section. The DESIGN-BUILDER shall provide for weekly professional cleaning services after initial cleaning and sanitizing for the completed Project and, in particular, in all offices, control rooms, restrooms, laboratory, shop, process areas and any other enclosed area subject to daily or periodic personnel use and shall maintain the weekly cleaning services from commencement of Commissioning, as set forth in the respective Specification section, until issuance of Final Completion. Refer also to the section entitled “Final Completion and Final Acceptance” of the General Conditions. All temporary (construction) rights-of-way provided by OC SAN shall be redelivered to OC SAN in such condition as to permit the use of said land for the purposes utilized prior to entry thereon by the DESIGN-BUILDER. GENERAL REQUIREMENTS Project P2-141 PAGE 54 GR-44 CLOSEOUT PROCEDURES A. Final Submittal The DESIGN-BUILDER, within thirty (30) days after Notice of Substantial Completion date, shall submit the following items to the OC SAN’S REPRESENTATIVE: • A final updated master schedule indicating actual completion dates, schedule of values and cash flow curves. • Written warrantees, guarantees and information for each mechanical, electrical, process equipment, architectural and other materials, products or equipment specified in the Construction Documents. • Equipment Service Manuals, both in hard copy and electronic forms. • New permanent cylinders and key blanks for all locks. • Maintenance stock items; spare parts; special tools and record of missing items. • Final completed and verified As-Built Drawings in accordance with the section entitled “As-Built Drawings” of the General Requirements. • Final photographs and all progress photographs in both electronic and hard copy formats. Hard copies shall be included in photo-album binders. • Warranties and/or Guarantees, such as for roofing, landscape maintenance, etc., as required. • Certificates of inspection and acceptance by local governing agencies having jurisdiction. • Certified Payroll Records, if requested. • Affidavit of Payment of All Taxes. • Consent of Surety for Final Payment. • Final completed punch list. B. Final Completion After receipt and acceptance by the OC SAN’S REPRESENTATIVE of the Final Submittal and after completion of Commissioning and submittal of Record Drawings, as specified in the respective Specifications section, the DESIGN-BUILDER may request Final Inspection in accordance with the section entitled “Final Completion and Final Acceptance” of the General Conditions. SAFETY GR-45 GENERAL In connection with the performance of this Contract, OC SAN shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. DESIGN-BUILDER acknowledges that provisions of Section 6400 of the California Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event OC SAN identifies the existence of any condition that presents an actual or threatened Project P2-141 GENERAL REQUIREMENTS PAGE 55 danger or hazard to any or all employees at the worksite, OC SAN is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section. OC SAN may also, at its sole authority and discretion, issue an immediate stop work order to DESIGN-BUILDER to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by OC SAN to DESIGN-BUILDER in accordance with the provisions of this section, shall not give rise to any claim or cause of action for delay damages by DESIGN-BUILDER or DESIGN-BUILDER’s agents or Subcontractors against OC SAN. The DESIGN-BUILDER shall meet or exceed the minimum standards set in the Contract Agreement, Exhibit B “Contractor Safety Standards.” GEOTECHNICAL CONSIDERATIONS GR-46 RESERVED GR-47 RESERVED DEWATERING GR-48 GENERAL No excavation shall take place below any standing water level regardless of water source until the area has been dewatered. Dewatering shall be accomplished by filtered well points or gravel-packed deep wells and shall be in conformance with the Specifications. Dewatering shall be done in such a manner as to protect adjacent structures. Dewatering shall consist of furnishing all approved Plans, labor, equipment, and materials, performing all Work to design, construct, and operate dewatering systems, maintaining in a safe and dewatered condition the areas on which the construction Work will be performed, and removing the dewatering system upon completion of the Work. GR-49 GROUNDWATER LEVEL The geotechnical report for this Project can indicate various groundwater levels. OC SAN’s long-term monitoring of the groundwater also shows the groundwater level to vary daily due to tidal action. GR-50 SUBMISSIONS FOR REVIEW The DESIGN-BUILDER shall submit for DESIGNER OF RECORD’s review, drawings and data showing DESIGN-BUILDER’s proposed plan for dewatering of all Work areas, which shall include the planned method of dewatering, excavation and shoring plan, location and capacity of such facilities as dewatering wells, well points, pumps, sumps, collection and discharge lines, standby units proposed, and protective fills and ditches required for control of groundwater and surface water. The plan for dewatering shall be submitted to DESIGNER OF RECORD no later than fifteen (15) days after the Notice to Proceed. The DESIGN-BUILDER shall furnish such other information as GENERAL REQUIREMENTS Project P2-141 PAGE 56 may be required for the complete understanding and analysis of the dewatering and excavation plan by DESIGNER OF RECORD. A copy of the dewatering plan, as accepted by the DESIGNER OF RECORD, shall be submitted to OC SAN’S REPRESENTATIVE for information within three days of the date of acceptance. In addition to the dewatering plan, DESIGN-BUILDER shall submit to OC SAN’S REPRESENTATIVE an application for and obtain Authorization to Discharge to the OC SAN sewer system before any dewatering discharges may commence as required by the Specifications section 02220, Dewatering. The DESIGN-BUILDER shall at no time discharge water into OC SAN’s sewer system without prior approval from OC SAN’S REPRESENTATIVE. Review by the DESIGNER OF RECORD will not relieve the DESIGN-BUILDER of the responsibility for the adequacy of the dewatering and excavation plan or for furnishing all equipment, labor and materials necessary for performing the various parts of the Work. If, during the progress of the Work, it is determined by the OC SAN’S REPRESENTATIVE that the dewatering system and excavation plan are inadequate or the DESIGN-BUILDER’s plan of construction is inoperative, the DESIGN-BUILDER shall, at DESIGN-BUILDER’s expense, furnish, install, and operate such additional dewatering equipment and make such changes in other features of the plan or operation as may be necessary to perform the Work in a manner acceptable to the OC SAN’S REPRESENTATIVE. The DESIGN-BUILDER shall monitor settlement and groundwater levels around existing structures during dewatering. Records of settlement and groundwater levels shall be kept and evaluated on a daily basis. The DESIGN-BUILDER shall notify the OC SAN’S REPRESENTATIVE immediately if excessive settlement or a significant drop in groundwater level is recorded. GR-51 DEWATERING AREAS All permanent improvements shall be constructed in areas free from water. The DESIGN-BUILDER shall construct and maintain all permanent or temporary slopes, dikes, levees, drainage ditches, and sumps necessary for removal of water from Work areas. The DESIGN-BUILDER shall design, furnish, install, maintain, and operate all necessary pumping and other dewatering equipment required for dewatering the various Work areas and for maintaining the foundation and other Work areas free from water from any and all sources whatsoever. The dewatering shall be accomplished in a manner that will prevent loss of fines from the foundation, will maintain stability of all excavated slopes and bottoms of excavations, and will permit all construction operations to be performed in the dry conditions. Dewatering of excavations shall be performed to the extent required to ensure placement of compacted fill materials in the dry conditions and to prevent sloughing of the excavation side slopes. The DESIGN-BUILDER shall lower the groundwater level a minimum of three (3) feet below foundation grade prior to foundation preparation and placement of structural foundations. During the placement and compaction of fill or bedding materials, the Project P2-141 GENERAL REQUIREMENTS PAGE 57 water level at every point within the limits of fills being placed shall be maintained a minimum of three (3) feet below fill placement level. GR-52 PROTECTION OF FOUNDATIONS AND EXISTING FACILITIES The DESIGN-BUILDER shall furnish standby equipment of sufficient size and capacity to ensure continuous operation of the dewatering system as designed. Any damage or settlement to the foundation or other Work or any existing structures caused by temporary or permanent failure or operation of the dewatering system shall be repaired to the satisfaction of OC SAN’S REPRESENTATIVE by the DESIGN-BUILDER at the DESIGN-BUILDER’s expense. The DESIGN-BUILDER should consider the use of recharge systems or other methods of protection of existing facilities. The DESIGN- BUILDER will be required to perform the dewatering and to maintain the permanent Work areas for the length of time as required by Specifications Section 02220, Dewatering, or for such additional time as necessary for the Work under this Contract. Upon completion of the dewatering and control of water operation, all temporary works and dewatering facilities shall be removed in a manner satisfactory to OC SAN’S REPRESENTATIVE. GR-53 DISPOSAL OF GROUNDWATER Water from the dewatering and control of water operation may be disposed of in the plant and collection system at a location designated by OC SAN in accordance with the Authorization to Discharge obtained by the DESIGN-BUILDER. The water shall be desilted in strict accordance with the Specifications. The desilting equipment and groundwater extraction wells shall be secured with covers that will prevent odor emissions and shall have a sample port on the discharge line from the desilting tank or filter system to allow inspection and monitoring by OC SAN’S REPRESENTATIVE. Disposal point and maximum flow rate for dewatering waste shall be subject to OC SAN’S REPRESENTATIVE’s review and acceptance. OC SAN reserves the right to limit the maximum flow rate per disposal point and may direct the DESIGN-BUILDER to provide additional disposal points at no change in the Contract Price. PROTECTION AND/OR RELOCATION OF UTILITIES GR-54 GENERAL For the purpose of the Construction Documents, utilities shall be considered as including but not limited to, and irrespective of ownership: pipelines (including irrigation lines), conduits, transmission lines, and appurtenances of “Public Utilities” (as defined in the Public Utilities Act of the State of California), and those of private industry, business, or individuals solely for their own use or their tenants; and storm drains, sanitary sewers, street lighting, traffic signal systems, duct banks, telephone cables, transmission cables, and completely buried structures, hereafter referred to as utilities. DESIGN-BUILDER shall locate and indicate on the Construction Documents, utilities that exist within the limits of the Project, as derived from, among other things, information provided by the owners of such utilities and Design Work requirements. It shall be the DESIGN-BUILDER’s responsibility to make DESIGN-BUILDER’s own investigations, including exploratory excavations to determine exact location of utilities GENERAL REQUIREMENTS Project P2-141 PAGE 58 shown on the Construction Documents and locations of service connections prior to earthwork operations. The DESIGN-BUILDER shall protect in place all existing utilities running parallel to proposed pipelines or sewers. This includes protection in place of all backfill above the utility and pipe bedding. Work required in connection with utilities, because of interference with Contract Work, will be performed and paid for as specified in this section. However, when directed or accepted by the OC SAN’S REPRESENTATIVE, changes in line or grade of any structure being built may be made in order to avoid utilities. Any additional costs because of such changes will be paid for as Extra Work. The right is reserved to governmental agencies and to owners of utilities to enter at any time upon any street, alley, right-of-way, or easement for the purpose of making changes in their facilities and for the purpose of maintaining and making repairs. The Construction Documents provide guidance regarding disclosure of utilities. This section provides guidance as to payment for protection relocation, or disposal of utilities shown and not shown on the Plans. On all Contract and permit inspection assignments, the DESIGN-BUILDER shall not begin any trench Work until the DESIGN-BUILDER has contacted a regional notification center as defined in California Government Code Section 4215 and the location of all utilities within the Project limits has been identified. If a DESIGN- BUILDER hits a utility, the DESIGN-BUILDER shall take prompt action to make sure that employees and the public are not endangered. If a water line is hit, the trench shall be evacuated immediately. If an oil or gas line is hit, all employees and the public shall be evacuated from the immediate vicinity. All conduits shall be treated as though they are high-voltage or high-current electrical conduits. Do not tamper with any conduit until the owner is called and power shut off. In all cases, call the Fire Department and utility owner immediately. GR-55 BY OC SAN (AS SPECIFIED) When it is stated in the Construction Documents that a utility is to be relocated, altered, or reconstructed by other than the DESIGN-BUILDER, OC SAN will conduct all negotiations in respect to such work and the work will be done at no cost to the DESIGN-BUILDER. No additional compensation will be given for delays or inconvenience by others to finish their work on schedule due to unforeseen difficulties. GR-56 BY DESIGN-BUILDER (AS SPECIFIED) When Work on a utility is specified on the Construction Documents to be done by the DESIGN-BUILDER, the DESIGN-BUILDER shall make all arrangements and coordinate with the owner of the utility as to when the Work is to be done. Any costs for such Work shall be included in the GMP. The DESIGN-BUILDER shall submit a proposed method of relocation or protection of the utility for review. Review by OC SAN’S REPRESENTATIVE will not relieve the DESIGN-BUILDER of any responsibility. Project P2-141 GENERAL REQUIREMENTS PAGE 59 GR-57 BY DESIGN-BUILDER – SERVICE CONNECTIONS – TRUNK SEWER CONTRACTS ONLY Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the DESIGN-BUILDER, for the purpose of preparing the GMP, shall assume that every property parcel will be served by a service connection for each type of utility. At least two (2) working days before entering the Work, the DESIGN-BUILDER shall request the utility owners identified in the Construction Documents to mark or otherwise indicate the approximate location of their subsurface facilities including, but not limited to, structures, main conduits, and service connections. The alteration or temporary relocation of all service connections (including but not limited to: water, irrigation water, sewer, natural or manufactured gas, underground and/or overhead telephone and electrical) to adjacent property shall be the responsibility of the DESIGN-BUILDER. GR-58 BY DESIGN-BUILDER FOR ITS CONVENIENCE The temporary relocation or the alteration of any utility, desired by the DESIGN- BUILDER solely for convenience in the performance of the Work, to a position or condition other than that provided for on the Construction Documents shall be the DESIGN-BUILDER’s own responsibility. The DESIGN-BUILDER shall make all arrangements with the property owners regarding such work. Any costs of such work for the DESIGN-BUILDER’s own convenience shall be absorbed in the GMP. GR-59 BY DESIGN-BUILDER OR OTHERS – UNKNOWN UTILITIES DURING CONTRACT WORK In the event that subsequent to the GMP Amendment, a utility is disclosed or installed that is a Differing Site Condition, and when said utility is found to occupy the space required to be occupied by a part of the permanent works that, in the judgment of OC SAN’S REPRESENTATIVE, such utility requires location, relocation, removal, repair of damages, alteration, support or protection, the DESIGN-BUILDER shall request the DESIGNER OF RECORD to prepare such drawings or other written clarification as are necessary for the execution of the change. All such instruction and written clarification shall be submitted to OC SAN’S REPRESENTATIVE in conformance with the requirements of GR 30. The DESIGN BUILDER shall not make any change to the Work as a result of such instructions until they have been reviewed by OC SAN’S REPRESENTATIVE. If the DESIGN-BUILDER believes that a change requested by OC SAN’S REPRESENTATIVE could not reasonably have been foreseen by the DESIGN BUILDER at the execution of the GMP and are not due to any cause for which an increase in the GMP is not permitted, then the DESIGN BUILDER shall notify OC SAN’S REPRESENTATIVE in accordance with the Change Order procedures of the General Conditions of Contract. The Work shall be performed in accordance with Construction Documents and in accordance with the following: When said utility is found to occupy the space required to be occupied by a part of the permanent works to be constructed under the Contract or parallel to the permanent works and within vertical planes on each side at a distance away equal to the maximum allowable trench width measured at a point 12 inches above the top of the pipe, exclusive of branches or other facilities, as specified in GENERAL REQUIREMENTS Project P2-141 PAGE 60 Specifications section 02200, Earthwork, or to be within the specified excavation pay lines (when such are specified in the Construction Documents); OC SAN will arrange for the relocation or alteration of said utility or require the DESIGN- BUILDER to do the same. Utilities found to cross the excavation but not intercepting the permanent works to be constructed or interfering with the construction will be maintained in place at the DESIGN-BUILDER’s expense. Utilities which interfere with the construction technique in use will be protected or relocated. When said utility is more or less parallel with, and any portion of it does not lie within the vertical planes specified herein above, or does not lie within the excavation pay lines (when such are specified or shown on the Construction Documents); the DESIGN-BUILDER shall advise OC SAN and owner thereof, and in cooperation with the owner of the utility, provide and place the necessary support for proper protection to guarantee continuous and safe operation of the utility. Continuous sanitary sewer service shall be maintained at all times. Should any existing sanitary sewer or manhole extend within the proposed sewer pipe trench excavation, the DESIGN-BUILDER shall submit a method of construction or support for acceptance by OC SAN’S REPRESENTATIVE and shall assume all responsibilities therefor. All costs for such Work shall be borne by the DESIGN- BUILDER. If the work is done by others, the DESIGN-BUILDER shall provide time and working space for protection and relocation as required. Where undisclosed utilities are discovered and located by the DESIGN-BUILDER when performing this Contract, DESIGN-BUILDER shall immediately notify OC SAN in writing. OC SAN will compensate the DESIGN-BUILDER for its direct costs of locating, relocating, removal, repair, support or protection of the undisclosed utilities, together with the cost of equipment used for the Work necessarily idled during such work. The DESIGN-BUILDER will be granted an extension of time for the completion of the Contract equal to the time determined by OC SAN, to be reasonably necessary to perform the Extra Work and OC SAN will not assess liquidated damages against the DESIGN-BUILDER for delay in completion of the Work when such delay was caused by the failure of OC SAN to provide for the removal or relocation of such utility facilities. The DESIGN-BUILDER will not be entitled to extra compensation or an extension of time when Extra Work is required to repair damage to undisclosed utilities caused by the failure of the DESIGN-BUILDER to exercise reasonable care. The DESIGN-BUILDER will not be entitled to any compensation for indirect or consequential costs or damages incurred as a result of the Extra Work required. Project P2-141 GENERAL REQUIREMENTS PAGE 61 GR-60 ADVANCE NOTIFICATION AND EXPOSURE OF UTILITIES – IN ADVANCE OF WORK It shall be the DESIGN-BUILDER’s responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any jurisdictional area of any agency. A minimum of forty- eight (48) hours advance notice shall be given to the various agencies before beginning construction in the area unless specified advance times and other requirements are stated in the Construction Documents or in permit requirements. It shall be the DESIGN-BUILDER’s responsibility to make exploratory excavations to determine the true location and depth of all utilities shown on the Construction Documents. The DESIGN-BUILDER shall also determine the type of material and condition of any utility which may be affected by or affect the Work. The DESIGN- BUILDER shall conduct exploratory excavations at least 1,300 feet ahead of a pipe trench heading a minimum of five (5) days in advance of the planned pipeline construction to provide sufficient lead-time to resolve utility conflicts. All costs incurred in exposing utilities shall be included in the GMP and no additional allowance will be made therefor. GR-61 DESIGN-BUILDER RESPONSIBILITY The DESIGN-BUILDER shall be held responsible for all costs for the repair of any and all damage to the Contract Work or to any utility (whether previously known or disclosed during the Work), as may be caused by the DESIGN-BUILDER’s operations. Utilities not shown on the Construction Documents to be relocated or altered by others shall be maintained in place by the DESIGN-BUILDER. At the completion of the Work, the DESIGN-BUILDER will leave all utilities and appurtenances in a condition satisfactory to the owners and OC SAN. MISCELLANEOUS GR-62 OC SAN-FURNISHED POWER AND WATER AT PLANTS NO. 1 AND NO. 2 When the Work is located on the site of Plant 1 or Plant 2, OC SAN will provide the DESIGN-BUILDER and Subcontractors, free of charge during the course of the Contract, 480-volt, 3-phase, 60-hertz, 100-ampere (maximum) electrical service at an existing motor control center indicated by OC SAN’S REPRESENTATIVE. DESIGN- BUILDER shall make provisions with separate utility service for electrical services larger than 100 amperes. OC SAN reserves the right to withdraw power at any time to perform operational or maintenance activities; all standby power required to support the Work shall be provided by the DESIGN-BUILDER. OC SAN’S REPRESENTATIVE will notify DESIGN-BUILDER of power shutdown. No power from OC SAN standby power generation systems shall be used by the DESIGN-BUILDER. The DESIGN-BUILDER shall submit a written estimate of power needs to OC SAN’S REPRESENTATIVE for acceptance and shall list the estimated connections that require power. The DESIGN-BUILDER shall not connect welding machines or other high-power-use loads to the supply. If dewatering well pumps are to be connected to the power supply, this shall be a separate item in the estimate. OC SAN shall have the right to disallow any item included in the estimate. The DESIGN-BUILDER shall GENERAL REQUIREMENTS Project P2-141 PAGE 62 submit a drawing showing the method of connection to OC SAN’s source. The method of connection shall include main circuit breakers on the DESIGN-BUILDER’s side of the load. All electrical Work shall be in accordance with the National Electric Code and the applicable provisions of the California Administrative Code and California Electrical Code (California Code of Regulations, Title 24). All temporary wiring shall be done with Type SO/portable cable. No construction shall begin until acceptance of the DESIGN-BUILDER’s proposed method of takeoff from OC SAN’s power supply has been obtained in writing. The DESIGN-BUILDER shall pull conductors to the point of termination to OC SAN supplied service. OC SAN will terminate the conductors at the motor control center for the temporary service. Convenience outlets may be used with acceptance by the OC SAN’S REPRESENTATIVE, but GFCIs shall be utilized between DESIGN-BUILDER’s equipment and OC SAN power supply. Temporary power supplied by the DESIGN- BUILDER from outside utilities shall be buried within the treatment plant and not routed overhead. OC SAN will furnish to the DESIGN-BUILDER, free of charge during the course of the Contract, reasonable quantities of water (potable, industrial, recycled, and plant) from within the treatment plant. The conveyance systems shall be the responsibility of the DESIGN-BUILDER and shall be provided at the DESIGN-BUILDER’s expense. The DESIGN-BUILDER shall submit a written request of water needs including a description, volume, location, and duration of use to OC SAN’S REPRESENTATIVE for acceptance. A backflow device and flow totalizer shall be required at all connections. The DESIGN-BUILDER shall be responsible for providing, installing, and testing the backflow protection at the DESIGN-BUILDER’s expense, unless directed otherwise by OC SAN’S REPRESENTATIVE. If plant operations necessitate changing the connection locations, the DESIGN-BUILDER shall do so at OC SAN’S REPRESENTATIVE’s request and at the sole expense of the DESIGN-BUILDER. The DESIGN-BUILDER shall be responsible for all temporary connections to water and power, disconnections, removal, and cleanup after use. When the Work site is not located on a plant site, the DESIGN-BUILDER is responsible for supplying its own electricity and water necessary to perform the Work. GR-63 OC SAN-FURNISHED, DESIGN-BUILDER-INSTALLED PRODUCTS OC SAN will furnish, for installation by DESIGN-BUILDER, products which are identified in the Construction Documents as “OC SAN-Furnished/DESIGN-BUILDER- Installed)”, “installed by DESIGN-BUILDER,” or similar terminology. Work under the Contract shall include all provisions necessary to fully incorporate such products into the Work, including, as necessary, fasteners, backing, supports, piping, conduit, conductors and other such provisions from point of service to point of connection, and field finishing, as shown and/or specified in the Construction Documents. DESIGN-BUILDER shall include loading, transportation, and unloading of OC SAN furnished products from the storage location on the Plant 1 site to the location where the products will be installed. Project P2-141 GENERAL REQUIREMENTS PAGE 63 * * * * * GENERAL REQUIREMENTS Project P2-141 PAGE 64 ATTACHMENT 8 CONTRACTOR SAFETY STANDARDS PDB – Attachment 8 - Contractor Safety Standards PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 CONTRACTOR SAFETY STANDARDS November 5, 2024 (Revision 11) Contractor Safety Standards ii November 5, 2024 (Revision 11) Table of Contents 1. INTRODUCTION ...................................................................................................................... 1 1.1. SAFETY PHILOSOPHY ..................................................................................................... 1 1.2. PROGRAM OBJECTIVES ................................................................................................. 1 1.3. HARASSMENT AND DISCRIMINATION ........................................................................... 3 1.4. RETALIATION AND WHISTLEBLOWING ......................................................................... 3 1.5. EMPLOYEE CONDUCT..................................................................................................... 3 1.6. WORKPLACE VIOLENCE AND WEAPONS ..................................................................... 4 1.7. NEWS MEDIA .................................................................................................................... 4 1.8. CONFLICT BETWEEN REGULATIONS ............................................................................ 4 2. EMERGENCY RESPONSE PROCEDURES ............................................................................ 5 2.1. REPORTING AND NOTIFICATION ................................................................................... 5 2.2. MEDICAL EMERGENCY ................................................................................................... 6 2.3. FIRES ................................................................................................................................ 6 2.4. EARTHQUAKES ................................................................................................................ 6 2.5. TSUNAMI ........................................................................................................................... 6 2.6. PANDEMICS ...................................................................................................................... 7 3. ROLES AND RESPONSIBILITIES ........................................................................................... 7 3.1. GENERAL .......................................................................................................................... 7 3.2. CONTRACTOR SAFETY MANAGER (CSM) ..................................................................... 9 3.3. CONTRACTOR SAFETY REPRESENTATIVE(S) ............................................................ 10 4. PROGRAM ELEMENTS......................................................................................................... 11 4.1. INJURY AND ILLNESS PREVENTION PROGRAM ......................................................... 11 4.2. SITE-SPECIFIC SAFETY PROGRAM ............................................................................. 12 4.3. PRE-SHIFT CREW MEETINGS ....................................................................................... 14 Contractor Safety Standards iii November 5, 2024 (Revision 11) 4.4. PROJECT PLANNING AND PROJECT MEETINGS ........................................................ 15 4.5. INCIDENT REVIEW MEETINGS ...................................................................................... 16 4.6. CONTRACTOR SAFETY ORIENTATION ......................................................................... 17 4.7. JOB HAZARD ANALYSIS ................................................................................................ 17 4.8. CONTRACTOR / SUBCONTRACTOR SAFETY NON-COMPLIANCE ............................. 19 4.9. SUBSTANCE ABUSE PREVENTION POLICY ................................................................ 20 5. GENERAL SAFETY REQUIREMENTS .................................................................................. 22 5.1. ATMOSPHERIC MONITORING EQUIPMENT ................................................................. 22 5.2. ASBESTOS ...................................................................................................................... 23 5.3. HAZARDOUS (CLASSIFIED) LOCATIONS ..................................................................... 23 5.4. BARRICADES .................................................................................................................. 24 5.5. FENCING ......................................................................................................................... 24 5.6. HOT WORK ..................................................................................................................... 24 5.7. CELL PHONES ................................................................................................................ 26 5.8. COMPRESSED GAS CYLINDERS .................................................................................. 26 5.9. CONCRETE AND MASONRY CONSTRUCTION ............................................................ 27 5.10. POURING AND PUMPING OPERATIONS ...................................................................... 27 5.11. MASONRY CONSTRUCTION ......................................................................................... 27 5.12. CUTTING, GRINDING AND PROFILING ......................................................................... 28 5.13. CONFINED SPACE ENTRY ............................................................................................. 28 5.14. UTILITY CONNECTIONS ................................................................................................. 32 5.15. CONSTRUCTION AND PERSONAL VEHICLES ............................................................. 32 5.16. ASSIGNED WORK AREA ................................................................................................ 32 5.17. CRANES, BOOM TRUCKS AND HOISTS ....................................................................... 32 5.18. OC SAN OWNED OVERHEAD CRANES ........................................................................ 35 5.19. RIGGING, SLINGS AND HOOKS ..................................................................................... 35 5.20. CRITICAL LIFTS .............................................................................................................. 36 Contractor Safety Standards iv November 5, 2024 (Revision 11) 5.21. DEMOLITION ................................................................................................................... 36 5.22. ELECTRICAL ................................................................................................................... 38 5.23. ELEVATING WORK PLATFORM AND AERIAL DEVICES............................................... 42 5.24. EMERGENCY ACTION AND EVACUATION PLAN .......................................................... 44 5.25. ENVIRONMENTAL CONTROLS ..................................................................................... 45 5.26. EQUIPMENT AND TOOLS ............................................................................................... 45 5.27. MACHINE GUARDING..................................................................................................... 46 5.28. EXCAVATION AND TRENCHING .................................................................................... 46 5.29. UTILITY LOCATION ......................................................................................................... 47 5.30. FALL PROTECTION ........................................................................................................ 48 5.31. FIRE PROTECTION AND PREVENTION ........................................................................ 59 5.32. FIRST AID ........................................................................................................................ 62 5.33. FLAMMABLE AND COMBUSTIBLE MATERIALS ............................................................ 62 5.34. FORKLIFT (INDUSTRIAL TRUCKS AND TRACTORS) ................................................... 63 5.35. HAZARD COMMUNICATION .......................................................................................... 64 5.36. HEAVY EQUIPMENT AND MATERIAL HANDLING ........................................................ 65 5.37. HORIZONTAL BORING / PIPE JACKING ....................................................................... 67 5.38. HOUSEKEEPING ............................................................................................................ 67 5.39. PORTABLE HEATERS .................................................................................................... 68 5.40. LADDERS ........................................................................................................................ 68 5.41. LEAD-BASED PAINT ....................................................................................................... 70 5.42. CORROSIVE MATERIALS ............................................................................................... 71 5.43. CONTROL OF HAZARDOUS ENERGY ........................................................................... 71 5.44. MOTOR VEHICLES ......................................................................................................... 75 5.45. OVERHEAD UTILITIES .................................................................................................... 76 5.46. PERMITS ......................................................................................................................... 77 5.47. PERSONAL PROTECTIVE EQUIPMENT ........................................................................ 77 Contractor Safety Standards v November 5, 2024 (Revision 11) 5.48. POSTING REQUIREMENTS ........................................................................................... 79 5.49. POWDER-ACTUATED TOOLS ....................................................................................... 80 5.50. PUBLIC PROTECTION PLAN .......................................................................................... 80 5.51. SANITATION .................................................................................................................... 81 5.52. SCAFFOLDS ................................................................................................................... 81 5.53. ERECTION ...................................................................................................................... 83 5.54. TAR AND MELTING POTS .............................................................................................. 84 5.55. WARNING SIGNS ............................................................................................................ 84 5.56. WORK ZONE TRAFFIC CONTROL ................................................................................. 84 5.57. FLAGGING OPERATIONS .............................................................................................. 85 5.58. PLATE BRIDGING ........................................................................................................... 86 5.59. WORKING AROUND WATER .......................................................................................... 86 5.60. USE OF X-RAY ................................................................................................................ 86 6. DEFINITIONS ........................................................................................................................ 87 7. ACRONYMS .......................................................................................................................... 89 Contractor Safety Standards 1 November 5, 2024 (Revision 11) Orange County Sanitation District 1. INTRODUCTION 1.1. SAFETY PHILOSOPHY A. The Orange County Sanitation District (OC SAN) is dedicated to the principle that a safe project is a successful and profitable project for OC SAN, contractors, and members of the public. B. OC SAN is committed to the safety of the Project employees, the surrounding community, and the environment. C. Safety is viewed as an integral component of the construction process, the other key components being production and quality. However, safety is a primary component of the success of this Project. D. The CONTRACTOR shall be responsible for initiating, maintaining, supervising, and enforcing all safety precautions and programs relating to the performance of the Contract. Their employees share in that responsibility as well. All employees are expected to work safely and to contribute to the safety of others. E. Incident prevention contributes to the CONTRACTOR’s well-being by avoiding injury or illness to the CONTRACTOR, its Subcontractors, OC SAN, and all their employees, improving productivity, contributing to quality, and reducing costs. The community also benefits directly from incident prevention efforts when the environment or members of the community are protected from potential harm. F. Injury-causing errors people make can be significantly reduced efficiently and cost effectively by eliminating sources of hazards and unsafe acts and by incorporating safety controls such as, proper training, safe operating procedures, and personal protective equipment. G. For the CONTRACTOR to understand this safety philosophy and to meet its expectations, both general and specific training is required. Safety training and the prevention of incidents are logical and appropriate parts of how OC SAN expects the operations of the CONTRACTOR and Subcontractors to be conducted. 1.2. PROGRAM OBJECTIVES A. The Contractor Safety Standards have been designed to establish the minimum standards in which the CONTRACTOR’s Site-Specific Safety Program (SSSP) must meet or exceed. The CONTRACTOR shall develop and operate an effective safety and health management system. B. The Contractor Safety Standards contained in this document were developed to establish the minimum standards for assisting the CONTRACTOR in the elimination or reduction of hazards and risk associated with the Project. C. The Contractor Safety Standards also assist the CONTRACTOR’s efforts to prevent incidents, ensure the safety of the public, reduce employee injuries, prevent damage to property, promote efficiency, and effect savings by reduction of unplanned business interruption. D. No attempt has been made to restate applicable local, State, or Federal regulations or the consensus standards of the American National Standards Institute (ANSI) and the National Fire Protection Agency (NFPA). E. Contractors are reminded of their responsibility to have at least one copy of applicable State of California Occupational Safety and Health Administration (Cal/OSHA) regulations, as well as other consensus standards incorporated by reference at the Project for use and review. Contractor Safety Standards 2 November 5, 2024 (Revision 11) Orange County Sanitation District F. Contractors are required to meet or exceed these Contractor Safety Standards, Title 8 CCR Subchapter 4 Construction Safety Orders, and Title 8 CCR Subchapter 7 General Industry Safety Orders. G. OC SAN and its authorized representatives will neither assume nor relieve any contractor or service provider of their direct responsibility for the safety and health of their employees, the protection of visitors and the public, or the protection of equipment and property. H. OC SAN will advise the CONTRACTOR of known hazards associated with OC SAN processes; however, the CONTRACTOR is ultimately responsible for the identification of hazards and ensuring they are controlled or eliminated. I. OC SAN reserves the right to remove from the Project any employee of the CONTRACTOR and/or its Subcontractors for a violation of the Contractor Safety Standards. J. OC SAN reserves the right to stop work of the Contractors as a result of a hazardous condition, near miss, or incident. Following an investigation with corrective actions satisfied, the Contractors or visitor may return to the Work site. If OC SAN determines that an incident could have resulted in or did result in a major injury or fatality because of the negligence of any Contractor or its employees, then OC SAN reserves the right to permanently remove individuals from the Work site. Examples of unsafe observations that would warrant removal include: 1. Failing to join an active LOTO while performing craft. 2. Failing to secure permits for high-risk craft. 3. Fall protection deviations. 4. Unauthorized entry into confined spaces. 5. Other Cal/OSHA violations that can be determined to be life critical if not followed properly. OC SAN’s Risk Management Division (Risk Management) has discretion in determination of life critical safety. K. Contractors may reduce incidents, injuries, and illnesses through completion of the following: 1. Performing or attending new hire safety orientations. 2. Conducting daily toolbox/tailgate safety meetings. 3. Receiving safety training (i.e., hazard communication, confined space, excavation and trenching, shoring, fall protection, lockout/tagout, personal protective equipment including respiratory protection, hot work, incident reporting, equipment specific training). 4. Implementing mandatory personal protective equipment (PPE) programs. 5. Injury reporting, incident investigation, root cause analysis, corrective action, and recordkeeping. 6. Implementing appropriate and effective safety management systems that includes the timely identification, correction, and tracking of uncontrolled hazards in Contractor work areas. 7. Using safety planning tools such as Job Safety Analysis (JSA) and Pre-Use Inspections to eliminate workplace injuries and property damage. 8. Conducting safety audits and inspections to identify, prioritize, and correct non- compliance conditions. Contractor Safety Standards 3 November 5, 2024 (Revision 11) Orange County Sanitation District 9. Protecting public and private property adjacent to all construction site work zones. 10. Informing Risk Management and the ENGINEER of any visit from a regulatory agency such as Cal/OSHA, EPA or SCAQMD. 11. Educating and training employees by implementing their respective safety programs. 12. Maintaining a positive and proactive safety culture. A proactive safety culture may mitigate the first incident or accident. A reactive safety culture may prevent the second. 1.3. HARASSMENT AND DISCRIMINATION A. OC SAN does not tolerate any form of harassment or discrimination and is committed to providing a work environment that is free of harassment and discrimination. B. Contractors are expected to support and comply with OC SAN’s harassment and discrimination policies. Contractor’s supervision or management observing or knowing of a harassing situation shall take immediate action to stop it and report the matter to the ENGINEER. C. No employee shall be subjected to any form of retaliation for reporting any violation of this policy when it is reported truthfully and in good faith. A report is made in good faith when the complainant reasonably believes there is a violation of policy. 1.4. RETALIATION AND WHISTLEBLOWING A. It is OC SAN policy to prohibit retaliation or reprisals toward employees or contractors who engage in the following: 1. Disclosing information to a government or law enforcement agency or internally to OC SAN, where there is reasonable cause to believe that the information discloses a violation of state or federal statute or is not in compliance with state or federal regulation. 2. Disclosing the filing of a false claim for money, goods, or services to OC SAN. 3. Filing a written compliant, under penalty of perjury, of gross mismanagement, a significant waste of funds, an abuse of authority or a substantial and specific danger to public health or safety. 4. Complaints of discrimination or harassment or any other prohibited conduct or violation of federal law. 5. Complaints about unfair labor practice. 6. Participating in an administrative investigation either as the complainant, a witness, or the accused, or conducting an administrative investigation. 7. Contractors are expected to maintain similar policies for its own employees regarding the prevention of retaliation or reprisal. 1.5. EMPLOYEE CONDUCT A. All project employees must always maintain professional behavior. B. Horseplay, fighting, harassment, hostile work environments, possession, or use of alcohol and/or illegal drugs, possession of firearms, and gambling are not allowed and shall result in disciplinary action, up to and including immediate removal of the Contractor and/or its employee(s) from the site. Contractor Safety Standards 4 November 5, 2024 (Revision 11) Orange County Sanitation District 1.6. WORKPLACE VIOLENCE AND WEAPONS A. Contractors shall adopt and enforce their written workplace violence policy that covers harassment, intimidation, threats, violence, and weapons. B. Before the on-site Work commences, the CONTRACTOR shall submit the CONTRACTOR’s and its Subcontractors’ workplace violence prevention plan per Section 01701 Project Control Management System (PCMS). C. OC SAN reserves the right to remove from the Project any Contractor or its employees for violation of the respective policies adopted by the CONTRACTOR and its Subcontractors. D. OC SAN strictly prohibits persons, excluding armed security services, from possessing weapons including, but not limited to, firearms, explosives, knives, clubs, and incendiary devices on OC SAN premises, in vehicles, or in possession of the person. E. Persons who engage in prohibited conduct are subject to leave action by law enforcement authorities. Examples, while not all-inclusive, are considered prohibited conduct: 1. Causing physical injury to another person. 2. Making threatening remarks, whether with intent to harm or in jest. 3. Aggressive, hostile, or harassing behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress. 4. Intentionally damaging property. 5. Possession of a weapon while on OC SAN property. 6. Committing actions motivated by, or related to, sexual harassment or domestic violence. 7. Other acts or threats of violence as determined by OC SAN. F. Contractor’s labor force terminations should not occur on OC SAN property. Contractors shall make every attempt to have terminations occur on Contractor’s property. Notification of terminations or layoffs shall be made to OC SAN so badging can be terminated, and security can be informed. 1.7. NEWS MEDIA A. Contractors shall refer questions from news media personnel (e.g., social media, radio, television, newspaper) to the ENGINEER. B. Project accidents/incidents resulting in news media coverage (radio, television, newspaper) shall be immediately reported to the ENGINEER. C. Contractors must obtain written approval from OC SAN prior to taking photos or videos of OC SAN projects and/or property if such photos or videos are not related to normal business. 1.8. CONFLICT BETWEEN REGULATIONS A. In the case of conflict between regulations, codes, consensus standards (regulatory supported), and the Contract Documents (includes Contractor Safety Standards and Specifications), the most stringent requirements shall govern. B. Conflicts shall be brought to the attention of the ENGINEER. OC SAN reserves the right to issue a final determination for conflicts. Contractor Safety Standards 5 November 5, 2024 (Revision 11) Orange County Sanitation District C. The CONTRACTOR shall bid for the most stringent regulatory supported and applicable reference standards. 2. EMERGENCY RESPONSE PROCEDURES 2.1. REPORTING AND NOTIFICATION A. Reporting and notification times vary depending on the type of incident or emergency. Contractors shall notify the ENGINEER and/or Risk Management in accordance with the following: 1. First aid, work-related injuries, property or equipment damage, vehicle accidents, minor utility strikes, minor spills (5 gallon or less), and near miss events must be immediately reported to the INSPECTOR, the ENGINEER, and/or Construction Safety Inspector. A written preliminary report documenting the event must be emailed to the ENGINEER and Construction Safety Inspector within 24 hours. A written incident report documenting root cause analysis with appropriate corrective actions must be emailed to the ENGINEER and Construction Safety Inspector within 5 business days. 2. Fatalities, severe or catastrophic injuries, hospitalizations, significant property or equipment damage, fires, significant utility strikes, and medium to large spills must be immediately reported to the ENGINEER, the INSPECTOR, and/or Construction Safety Inspector. A written preliminary report documenting the event must be emailed to the ENGINEER and Construction Safety Inspector within 8 hours. A written incident report documenting root cause analysis with appropriate corrective actions must be emailed to the ENGINEER and Construction Safety Inspector within 5 business days. B. Immediately following a near miss or incident, Contractors shall stop Work until it is determined that it is safe to resume. If a person sustains a major injury, or if the incident is classified as a significant near miss, the Work must be stopped, and the investigation initiated immediately. First Aid and CPR trained individuals shall begin treatment on injured employees. C. When working at Plant 1 or Plant 2, Contractors shall contact OC SAN Operations Control Center for medical emergencies requiring off-site emergency medical services, fires, large spills or chemical releases, and workplace violence by dialing the following: 1. Plant 1 Emergencies a. Dial 2222 from OC SAN Landline, or b. Dial 714-593-7133 from mobile phone. 2. Plant 2 Emergencies a. Dial 2222 from OC SAN Landline, or b. Dial 714-593-7677 from mobile phone. D. When working off site at OC SAN’s wastewater lifting stations, sewer lines, or other facility, Contractors shall contact emergency medical services, and report fires, chemical spills or releases, and workplace violence by dialing 911. Immediately after 911 has been contacted, Contractors shall contact the ENGINEER, the INSPECTOR, and/or Risk Management. E. For wastewater releases, Contractors shall contact OC SAN Operations Control Center by dialing 714-593-7025 from a mobile phone. Contractor Safety Standards 6 November 5, 2024 (Revision 11) Orange County Sanitation District F. Emergency telephone numbers listed above shall be posted at the job site or made readily available for employee use. G. The CONTRACTOR shall prepare maps clearly identifying the Project area, active entrances, location of first aid stations and other emergency supplies, as well as location of the nearest hospital. 2.2. MEDICAL EMERGENCY A. Assess the scene to make sure it is safe and that hazards are not present that could result in injury to medical responders. B. Render first aid or cardiopulmonary resuscitation (CPR) promptly to the injured employee(s). Only employees trained in first aid and CPR shall render medical treatment. One or more employees shall be trained in first aid and CPR and be available at the job site always. C. Follow reporting and notification procedures outlined in Section 2.1 Reporting and Notification. D. If outside emergency medical services are required, the CONTRACTOR shall escort emergency medical personnel to the location of the injured person(s). E. The CONTRACTOR shall notify OC SAN of injuries that require outside medical services. F. Injured persons shall not drive themselves to the hospital or clinic. The CONTRACTOR shall have supervisor or designee drive the person. 2.3. FIRES A. Only fires that are in the incipient stage (initial or beginning) shall be extinguished by portable fire extinguishers or small hose systems. Only individuals that have been trained to use a fire extinguisher shall use one. B. Contractors shall provide fire extinguishers for their own craft work and hot work, and not rely on the nearest OC SAN plant fire extinguishers designated for plant process fires. C. For fires beyond the incipient stage, evacuate the immediate area and activate the fire alarm system (if available). D. Contractors shall follow reporting and notification procedures outlined in Section 2.1 Reporting and Notification. E. Contractors shall not block, cover, or restrict exit routes, exit doors, fire extinguishers, fire alarm panels, or fire suppression systems without prior written acceptance by the ENGINEER. The CONTRACTOR shall submit using OC SAN’s PCMS appropriate plans for approval to block, cover, or render these systems inoperable. 2.4. EARTHQUAKES A. Contractors are expected to be prepared to respond in the event of an earthquake by training their employees to “duck, cover, and hold”. B. Once the shaking has stopped, report to an assembly area agreed upon with OC SAN so that all employees may be accounted for. 2.5. TSUNAMI A. Contractors will be notified by OC SAN using the PA system and word of mouth. OC SAN relies on Tsunami Watch or Warning issued by the National Tsunami Warning Center. Immediately after a strong earthquake is felt at Plant 2 or one of Contractor Safety Standards 7 November 5, 2024 (Revision 11) Orange County Sanitation District the pumping plants located along the coast, Contractors must take action to move to a safe location. B. OC SAN will direct Contractors to either retreat to Plant 1 or shelter in place at a designated Tsunami evacuation site at Plant 2. Tsunami inundation areas and evacuation sites are provided in the Contractor Safety Orientation. Contractors are expected to have a communication system in place to account for all its employees and to notify OC SAN of their condition. 2.6. PANDEMICS A. Contractors shall adhere to all recommendations made by public health officials to keep their employees safe. This may include physical distancing, face coverings, hygiene practices, training, symptom screening, cleaning and disinfection, and implementation of other engineering and administrative controls. B. Contractors are responsible for implementing their own controls and training for their employees in compliance with public health recommendations. OC SAN is not responsible for implementation. 3. ROLES AND RESPONSIBILITIES 3.1. GENERAL A. The CONTRACTOR shall be responsible for initiating, maintaining, supervising, and enforcing all safety precautions and programs regarding the performance of the Contract for the on-site safety of its employees and Subcontractors performing Work for the benefit of this Project. This includes responsibilities for the public, OC SAN staff, OC SAN representatives, vendors, delivery and transportation services, and service providers at the Project location. B. The CONTRACTOR shall comply with all applicable provisions of Federal, State, and local laws, ordinances, codes, and regulations affecting safety and health. C. Contractors shall comply with the most stringent of the following: 1. California OSHA Safety Orders. 2. Federal OSHA Safety Orders. 3. The Contractor’s Site-Specific Safety Program. 4. Applicable consensus standards, including ANSI, NFPA, etc., if specified before or during Work by Risk Management. 5. Contractor Safety Standards. 6. Contract Documents. D. The CONTRACTOR shall designate in its SSSP, a responsible, competent, and qualified member of its organization at the work site who has the following: 1. Authority to enforce the Contractor’s Safety and Substance Abuse programs. 2. Responsibility to assure compliance with the OSHA Act. 3. Responsibility to identify and obtain correction of hazards. E. In addition to requirements described elsewhere in this document, the CONTRACTOR’s Safety Manager, Safety Representative, Project Manager, Superintendent, and Foremen shall have at minimum: 1. Authority to stop Work when a serious safety hazard or imminent danger is identified. Contractor Safety Standards 8 November 5, 2024 (Revision 11) Orange County Sanitation District 2. Authority to implement corrective actions. 3. Relevant construction safety experience in the type of Work the CONTRACTOR is performing under the Contract. 4. Evidence of completion of either the OSHA 30 Hour Construction Training, OSHA 30 Hour General Industry Training, Certified Health and Safety Technician, or Certified Safety Professional as applicable to the hazards expected to be encountered in the Work. 5. Current First Aid training from a provider recognized by OSHA. 6. Current CPR training from a provider recognized by OSHA. F. The CONTRACTOR shall prepare and maintain an Injury and Illness Prevention Program (IIPP) and SSSP. G. The CONTRACTOR shall ensure that its Subcontractors develop, maintain, and implement effective IIPPs and SSSPs. Upon request by OC SAN, the CONTRACTOR shall submit to OC SAN its Subcontractors IIPP and SSSP for review. H. The CONTRACTOR shall enforce that the Subcontractors are responsible for initiating, maintaining, supervising, and enforcing the safety requirements outlined by the Contractor Safety Standards and the CONTRACTOR’s Site-Specific Safety Program, even though the requirements may be above and beyond the Subcontractor’s own safety policies, and Federal and State OSHA requirements. I. The CONTRACTOR shall provide additional safety resources to address poor safety performance and demonstrated inability to manage safety in accordance with the Contract Documents. At the ENGINEER’s request or where required by the Contract Documents, the CONTRACTOR shall be required to employ a full- time Contractor Safety Manager for projects that do not meet the criteria for a CONTRACTOR dedicated safety professional. The CONTRACTOR may require its Subcontractors to provide their own Safety Managers and Safety Representatives to fulfill the requirements of this Section for the Subcontractor’s work. J. Any Contractor who place, installs, erects, or connects any electrical wires, fixtures, appliances, apparatus, raceways, conduits, solar photovoltaic cells, or any part thereof, which generate, transmit, transform, or utilize electrical energy in any form or for any purpose shall be an electrician certified by the State of California or a C-10 Electrical Contractor Licensed in the State of California. The Contractor shall submit C-10 credentials to the ENGINEER for review via OC SAN’s PCMS prior to mobilization. K. Any Contractor who installs, services, and maintains all types of communication and low voltage systems which are energy limited and do not exceed 91 volts shall be a C-7 Low Voltage Systems Contractor. These systems include, but are not limited to telephone systems, sound systems, cable television systems, closed-circuit video systems, satellite dish antennas, instrumentation and temperature controls, and low voltage landscape lighting. Low voltage fire alarm systems are specifically not included in this section. L. Any Contractor who lays out, fabricates, and installs all types of fire protection systems, including equipment associated with the systems (excluding alarm systems) shall be a C-16 Fire Protection Contractor. Contractor Safety Standards 9 November 5, 2024 (Revision 11) Orange County Sanitation District 3.2. CONTRACTOR SAFETY MANAGER (CSM) A. The Special Provisions of the Contract Documents dictate whether or not this position is required to be onsite daily when the Contractors are at the Project site. The CSM’s sole responsibility shall be safety. The ENGINEER and Risk Management reserve the right to waive the requirement for a CSM. The request to waive the CSM shall be made in writing and will be determined on a case-by-case basis. 1. Where not required by the Special Provisions, the CSM shall be available by phone, text, or email as a technical reference to the CSR. 2. When required by the Special Provisions, the CSM shall be onsite daily when the Contractors are present at the Project site. B. The CSM shall be identified in writing to the ENGINEER prior to the commencement of the Work. The CONTRACTOR shall submit the resume of the CSM candidate to the ENGINEER and Risk Management for review, prior to the start of on-site Work. The resume shall be submitted using OC SAN’s PCMS. OC SAN reserves the right to direct the removal and replacement of the CSM as necessary. Failure to replace the CSM within ten (10) working days will result in a shutdown of all field work. C. The CSM shall have a minimum of five years of qualified construction safety (primary project duty) experience, from similar type construction projects. A Certified Safety Professional (CSP), Associate Safety Professional (ASP), Safety Trained Supervisor Construction (STSC), or Construction Health and Safety Technician (CHST) is preferred. D. If the CONTRACTOR has multiple distinct projects with OC SAN, the CSM can assign a CSR for each of the projects. The CSR(s) shall report directly to the CSM. E. Alternate CSM meeting the same qualifications as the CSM shall be provided when the designated CSM is not available, unless agreed upon by the ENGINEER and Risk Management. The Alternate CSM shall hold the same responsibilities as the CSM. F. Specific responsibilities of the CSM include, but are not limited to, completing, or overseeing the completion of the following: 1. Conduct Project-specific safety orientation sessions for employees who are new to the site, prior to their beginning work. 2. Conduct, participate in, or assist Field Supervisors with daily toolbox safety meetings. 3. Instruct and inform supervisors and management on safety rules and regulations. 4. Instruct supervisors and employees in the proper use and care of PPE. 5. Instruct supervisors and employees concerning special procedures (e.g., confined space entry, trench shoring, lockout/tagout, etc.). 6. Complete incident investigation reports in accordance with the Contractor Safety Standards. Records are to be maintained at the site and distributed as described in these Contractor Safety Standards. 7. Conduct and document weekly Project safety inspections. Inspections shall be documented and include date of inspection, description of finding, corrective Contractor Safety Standards 10 November 5, 2024 (Revision 11) Orange County Sanitation District actions, and date the corrective action was taken. Records of inspections are to be submitted using OC SAN’s PCMS. 8. Maintain training documentation. Records are to be maintained at the site available for review upon request. 9. Implement, update, and maintain the SSSP including safe work procedures and practices. 10. Demonstrate, by example, proper safety behavior and a proactive safety culture. 11. Ensure that required emergency medical supplies are adequate, clean, and stocked. 12. Coordinate transportation of employees with minor injuries to the designated Medical Clinic. 13. Inform CONTRACTOR employees and Subcontractors, the ENGINEER, and Risk Management of any safety related problems that have either developed or be reasonably be expected to develop. 14. Maintain records in accordance with Cal/OSHA Recordkeeping requirements. 15. The OSHA 300 Log for the CONTRACTOR is to be available for review upon request by the ENGINEER or Risk Management. 16. Support the CSR at their designated work locations. 17. Develop and/or review confined space entry procedures, ventilation plans, rescue plans, hot work procedures, lift plans, and other safety submittals for Project Work. 3.3. CONTRACTOR SAFETY REPRESENTATIVE(S) A. A CSR shall be provided where the CSM is not required to be onsite per the Special Provisions of the Contract Documents. CSRs shall always be provided when the CONTRACTOR has multiple Project sites at OC San. B. The CSR shall be identified in writing to the ENGINEER prior to the commencement of the Work. The CONTRACTOR shall submit the resume of the CSR candidate to the ENGINEER and Risk Management for review, prior to the start of on-site Work. The resume shall be submitted using OC SAN’s PCMS. OC SAN reserves the right to direct the removal and replacement of the CSR if necessary. C. The CSR shall be employed in a supervisory position, empowered by their employer to take corrective action, be present on the Project while Work is being performed, and spend the amount of time necessary to ensure the Contractors’ compliance with these Contractor Safety Standards. D. The CSR shall be present at the Project site while Work is being performed by the CONTRACTOR and its Subcontractors. E. Alternate CSR meeting the same qualifications as the CSR shall be provided when the CSR is not available. The Alternate CSR shall hold the same responsibilities as the CSR. Alternate CSR duties may be assumed by a similarly qualified project Supervisor. Contractor Safety Standards 11 November 5, 2024 (Revision 11) Orange County Sanitation District F. Specific responsibilities of the CSR include, but are not limited to, completing, or overseeing the completion of the following: 1. Conduct Project-specific safety orientation sessions for employees who are new to the site, prior to their beginning work. 2. Conduct, participate in, or assist Field Supervisors with daily toolbox safety meetings. 3. Instruct and inform supervisors and management on safety rules and regulations. 4. Instruct supervisors and employees in the proper use and care of PPE. 5. Instruct supervisors and employees concerning special procedures (e.g., confined space entry, trench shoring, lockout/tagout, etc.). 6. Complete incident investigation reports in accordance with the Contractor Safety Standards. Records are to be maintained at the site and distributed as described in these Contractor Safety Standards. 7. Conduct and document weekly Project safety inspections. Inspections shall be documented and include date of inspection, description of finding, corrective actions, and date the corrective action was taken. Records of inspections are to be submitted using OC SAN’s PCMS. Forward copies of inspection and corrective action records to the ENGINEER and Risk Management. 8. Maintain training documentation. Records are to be maintained at the site available for review upon request. 9. Implement, update, and maintain the SSSP including safe work procedures and practices. 10. Demonstrate, by example, proper safety behavior and a proactive safety culture. 11. Ensure that required emergency medical supplies are adequate, clean, and stocked. 12. Coordinate transportation of employees with minor injuries to the designated medical clinic. 13. Inform CONTRACTOR employees and Subcontractors, the ENGINEER, and Risk Management of any safety related problems that have either developed or be reasonably be expected to develop. 14. Maintain records in accordance with OSHA Recordkeeping requirements. 15. Consult with the CSM regarding Contractor safety. 16. Develop and/or review confined space entry procedures, ventilation plans, rescue plans, hot work procedures, lift plans, and other safety submittals for Project Work. 4. PROGRAM ELEMENTS 4.1. INJURY AND ILLNESS PREVENTION PROGRAM A. The CONTRACTOR shall establish, implement, and maintain an effective, written IIPP in accordance with Title 8 of the California Code of Regulations Section 1509 and Section 3203. B. The IIPP shall identify persons responsible for the safety program, system for ensuring employees comply with the safety and health practices, communication, Contractor Safety Standards 12 November 5, 2024 (Revision 11) Orange County Sanitation District procedures for identifying and controlling hazards, safety incentive, disciplinary action programs, procedures for investigating incidents and injuries, and training. C. The CONTRACTOR shall submit a copy of their IIPP to OC SAN for review and retention through OC SAN’s PCMS. D. The CONTRACTOR shall review the contents of the IIPP with their employees. E. The CONTRACTOR shall maintain a copy of the IIPP onsite. The CONTRACTOR shall make available a copy of the IIPP when requested by OC SAN or Cal/OSHA. The CONTRACTOR’s IIPP will be audited by OC SAN at least annually. 4.2. SITE-SPECIFIC SAFETY PROGRAM A. The CONTRACTOR and its Subcontractors shall establish, implement, and maintain an effective, written SSSP in accordance with OC SAN requirements. B. The SSSP shall be developed and submitted prior to the start of the Work. The SSSP will be submitted for review and acceptance using OC SAN’s PCMS. The SSSP shall be updated as Project hazards change. The SSSP shall be made available to OC SAN upon request. The CONTRACTOR’s SSSP will be audited by OC SAN at least annually. C. The SSSP must be endorsed by OC SAN prior to mobilization and start of field Work. The CONTRACTOR may conduct field walks without an endorsed SSSP with the ENGINEER’s acceptance. D. The SSSP shall be specific to the Work performed by the CONTRACTOR and Subcontractors. The SSSP shall include the following at a minimum (not necessarily in this order): 1. Assignment of accountability and responsibilities for key personnel responsible for implementation of the SSSP and safety performance on the 2. Project responsibilities listed shall have a focus on safety, and may include Project Managers, Superintendents, Forman, CSMs, or CSRs. 3. Emergency Contact List (Contact information for key personnel, including local police, fire department, hospital, and poison control). 4. Emergency Action Plan (detail and describe potential emergency situations arising from the Work and the procedures that will be followed to manage them, include map to hospital). 5. Brief Description of Project Work (high-level overview of the Work to be performed). 6. Hazard Assessment and Risk Analysis (identify high-level hazards associated with the Work, assign a risk level to each). 7. Control Measures (identify appropriate engineering controls, administrative controls, work practices and PPE to address the hazards identified that are associated with the Work). 8. Job Safety Analysis (also referred to as activity hazard analysis, task hazard analysis, job hazard analysis). The CONTRACTOR shall either submit prepared JSAs as part of the SSSP or have a process in place to develop them in the field prior to the start of each Work task. JSAs prepared in the field prior to start of Work shall be submitted to Risk Management for review. 9. Personal Protective Equipment (detail the types and levels of PPE to be used onsite by employees for high-level tasks; must comply with OC SAN minimum requirements). Contractor Safety Standards 13 November 5, 2024 (Revision 11) Orange County Sanitation District 10. Personal and Environmental Monitoring (describe and detail equipment, action levels, exposure limits, frequency, or as otherwise required by regulations to monitor for various hazards agents (dust, asbestos, vapors, etc.)). 11. Hazard Identification, Corrective Action, and Inspection (describe how hazards will be identified and corrected; describe how weekly inspections will be completed and to what criteria). 12. Safety Training Program (describe/list required training to be completed by employees for the hazards they are likely to encounter in the scope of their Work; maintain and provide table with trainings completed and due for each employee. The CONTRACTOR shall ensure that all personnel are properly trained and instructed for all jobs that require specific training and/or competency to meet all applicable Cal/OSHA regulations, Federal, State, and local law, and the requirements herein. The CONTRACTOR shall submit a copy of its employees and Contractors’ employees training records to OC SAN for review using OC SAN’s PCMS. 13. Project-Specific Safety Orientation Program (requirement to orientate employees to the Project hazards and controls, emergency action procedures, and OC SAN requirements). Copies of the CONTRACTOR’s orientation program and a roster of those that have completed the orientation shall be submitted using OC SAN’s PCMS. 14. Recordkeeping and Retention Requirements (provisions for maintaining orientation, training, inspections, corrective action, and investigation records). 15. Hazard Communication (how will chemicals be managed onsite, stored, handled, and hazards communicated to employees; safety data sheets shall be available onsite for all chemicals brought and/or used onsite; attach safety data sheets to SSSP or maintain in separate binder). 16. Identify and properly label all waste handling bins according to the Global Harmonized System (GHS). 17. Identification of Competent Persons and Qualified Persons (if performing excavation and trenching, shoring, cranes, rigging, fall protection, confined space, rescue, lockout tagout, forklift operation, electrical work, etc.). 18. Fire Prevention (describe how fires will be prevented and equipment to be used, etc.). 19. Housekeeping (describe how housekeeping will be maintained on the Project). 20. Drug, Alcohol and Substance Abuse Prevention Program (can reference to IIPP as needed). 21. Near Miss and Incident Investigation Program (process for investigating incidents and near misses, including reporting; can reference to IIPP as needed). 22. Heat Illness Prevention Program (compliance with 8 CCR 3395; can reference to IIPP as needed). 23. The CONTRACTOR’s Policy on Whistleblower Rights and Anti-Retaliation Protection for their employees (can reference to IIPP as needed). Contractor Safety Standards 14 November 5, 2024 (Revision 11) Orange County Sanitation District 24. Cal/OSHA Required Safety Programs or Plans (attach where applicable based on the Work): a. Fall Prevention Plans and Program (training, inspections, identification, and rescue plan requirements shall be addressed in the program). b. Scaffold Plans (shall include inspection, erection, dismantling, training) c. Respiratory Protection Program d. Confined Space Entry Plans and Program (training, entry procedure, and rescue plans shall be addressed in the program) e. Control of Hazardous Energy Program (Lockout/Tagout) f. Hearing Conservation Program g. Excavation and Trenching Safety Plans and Program h. Hot Work and Fire Prevention Program i. Other programs as required by Cal/OSHA E. The CONTRACTOR shall submit its IIPP, SSSP, and list of proposed Safety Manager and Representatives no later than 15 days from the effective date of the Notice to Proceed for review by OC SAN. The SSSP must be accepted by OC SAN prior to mobilization and start of field Work. The CONTRACTOR may conduct field walks without an endorsed SSSP with acceptance by the ENGINEER. These documents must be submitted using OC SAN’s PCMS. 1. The acceptance of the IIPP and SSSP will be based solely on the content of those programs relative to conformance with these Contractor Safety Standards and the Specifications. Receipt of program by OC SAN does not constitute OC SAN acceptance of the program. 2. Failure to attain acceptance of the IIPP and SSSP prior to the scheduled commencement of Contract Work is not grounds for a time extension. 3. The CONTRACTOR and Subcontractor Project Superintendents and General Foreman(s), and all on-site trade foremen shall complete either the OSHA 30- hour General Industry or the Construction Safety Course as applicable to the Work. OSHA 30-hour certifications shall be submitted using OC SAN’s PCMS. F. Contractors’ employees shall receive a Project specific safety orientation, that at a minimum review the Project safety rules, OC SAN general safety rules, Project hazards and controls, emergency notification and reporting procedures, and PPE requirements. 1. Service vendors and visitors shall be provided with an orientation that is appropriate for their exposures during their time on site. 2. The CONTRACTOR is to provide this orientation to its employees and Subcontractors. 4.3. PRE-SHIFT CREW MEETINGS A. Contractors shall conduct daily tailgate/toolbox safety meetings with its employees. The meeting should be 10-15 minutes and held to keep employees alert to Work- related hazards and prevent injuries. B. The meeting should address the specific hazards and safe work practices for the Work tasks that employees are performing, to include the following: 1. Tasks for the shift, including review of applicable Job Safety Analysis. Contractor Safety Standards 15 November 5, 2024 (Revision 11) Orange County Sanitation District 2. Tools and equipment needed for those tasks. 3. Materials needed for those tasks. 4. Proper material handling techniques. 5. Safe work procedures to perform those tasks. 6. PPE needed to safely perform those tasks. 7. Lessons learned from prior shifts. 8. Questions from the crew. C. Employees shall be encouraged to actively participate by asking questions, having discussions, and having employees describe personal experiences. D. The toolbox meeting shall be documented with daily attendance roster and maintained by the Contractors throughout the duration of the Project. E. The daily toolbox safety meeting form shall be made available for review by the ENGINEER or Risk Management, upon request. 4.4. PROJECT PLANNING AND PROJECT MEETINGS A. Safety and loss control activities are key elements in the success of any project. B. Safety and loss control activities are to be integrated into the Work plan such that safety is an integral component of the construction process, rather than treated as a separate activity. C. There are five main elements to the planning and meeting component of the Contractor Safety Standards. 1. Project Survey: Prior to the start of the Work, the CONTRACTOR shall conduct a physical survey of the job site. The CONTRACTOR shall also review the Plans and Specifications. 2. Construction Process Plan: From the Project Survey, the CONTRACTOR shall develop a written Construction Process Plan. The Construction Process Plan shall identify tasks and activities under four main categories: a. Construction Sequence and Procedures b. Temporary Structures / Shoring / Reshoring / Bracing / Retention Systems Required c. Critical Structures or Processes d. Description of Required Tests and Approvals 3. Job Safety Analysis: JSA needs may be pre- determined in part by reviewing the Construction Process Plan and Construction Schedule. The JSA should be prepared far enough in advance of the task or activity to ensure that changes or revisions will not affect the scheduled execution of the task or activity. 4. Construction Progress Meetings: These meetings are typically held on a weekly or bi-weekly basis and are typically chaired by the ENGINEER. 5. Pre-Phase Planning Meetings: Pre-phase meeting needs may be identified from the Construction Process Plan. a. The CONTRACTOR shall schedule the Pre-Phase Planning Meeting far enough in advance of the start of the relevant phase to ensure that changes or revisions to JSA’s and coordination efforts will not affect the scheduled execution of the relevant phase of the Work. Contractor Safety Standards 16 November 5, 2024 (Revision 11) Orange County Sanitation District b. The Pre-Phase Meeting shall include the ENGINEER and Risk Management, as well as the CONTRACTOR and Subcontractors involved in that phase of the Work. This meeting shall identify and address the safety and coordination issues of the relevant phase of the Work. c. Pre-Phase Safety Analysis’ shall be prepared using the JSA form (or an acceptable equivalent); specific JSAs are to be prepared using the Pre- Phase Hazard Analysis as a guide. d. Subsequent meetings may be required throughout the phase of the Work to maintain safety and coordination efforts. 4.5. INCIDENT REVIEW MEETINGS A. The CONTRACTOR’s Safety Manager or Safety Representative shall schedule an Incident Review Meeting within 48 hours of the occurrence of an incident with the ENGINEER and Risk Management. B. The intent and purpose of the incident review meeting is to interactively and cooperatively identify causal factors that had, or may have had, a role in the incident, and to identify corrective action(s) and practice(s) to implement to avoid potential reoccurrence of the incident. It is NOT a faultfinding or blame-finding event. Attendees should include: 1. The ENGINEER 2. The CONTRACTOR Project Manager 3. CSM / CSR 4. Risk Management 5. The CONTRACTOR / Subcontractors (Assistant) Superintendent(s) accountable via functional structure of the Project for the incident 6. The CONTRACTOR / Subcontractors (General) Foreman / Foremen accountable via functional structure of the Project for the incident 7. Craftsperson(s) involved with the incident (if available). C. The CONTRACTOR shall submit a written report detailing the root cause analysis and corrective actions to OC SAN via email within five business days of the occurrence of the incident. D. The CONTRACTOR shall work with Risk Management if additional corrective actions are required to satisfy OC SAN safe worksite mandate. E. For the purposes of this section, “Incident” may be defined as any or all the following: (as determined by owners authorized representatives.) 1. Near-Miss 2. First-Aid 3. Recordable Injury 4. Vehicular Incident 5. General Liability / Third-Party Incident 6. Property Damage 7. Other, as determined by OC SAN Contractor Safety Standards 17 November 5, 2024 (Revision 11) Orange County Sanitation District 4.6. CONTRACTOR SAFETY ORIENTATION A. The CONTRACTOR shall attend a Contractor Safety Orientation (CSO), administrated by Risk Management, prior to start of the Work. B. The CSO is designed to orient the Contractors to general hazards at the work location; identifying OC SAN expectations for safety performance; reviewing emergency notification capabilities; and discussing Contractor activities that may pose a hazard to OC SAN employees, visitors, and other contractors. C. Contractors are expected to don the CSO helmet sticker for the same year they are working for OC SAN. D. The CONTRACTOR is responsible for communication of the CSO to its Subcontractors and its employees. E. The CONTRACTOR shall develop and maintain its own safety orientation (see section 4.2.D.13), which is to be provided to its employees and Subcontractors. The CONTRACTOR’s safety orientation is to include overview of the Work, hazards, and controls to be taken, location of first aid kit and other emergency supplies, PPE requirements, emergency assembly process and location, etc. F. The CONTRACTOR’s safety orientation is expected to be distributed to every Contractor prior to Work being performed. The CONTRACTOR’s safety orientation is also required to be updated at least annually. 4.7. JOB HAZARD ANALYSIS A. Certain activities that are part of the Project shall trigger additional safety evaluation and review by OC SAN. The CONTRACTOR is required to participate in the completion of this document prior to the start of the Work. The CONTRACTOR is required to notify the ENGINEER at least two weeks prior to initiation of the tasks below and when the Work activities or environment changes, unless otherwise stated elsewhere. Evaluations are as follows: 1. Confined Space Entry Job Hazard Analysis (JHA) 2. Use of OC SAN Equipment – In the event Contractors are permitted to use OC SAN-owned equipment, Contractors shall be required to demonstrate proficiency on the specific equipment, as well as knowledge of the applicable regulatory requirement(s), and to complete a specific hold harmless agreement prior to such use. 3. Hot Work Permit 4. Energized Electrical Work Permit 5. Hazardous Materials Usage – All hazardous materials identified by Cal/OSHA as a carcinogen or reproductive hazard are subject to use restriction and/or prohibition from use on OC SAN facilities. In addition, the CONTRACTOR shall provide a written plan of how the CONTRACTOR and OC SAN employees will be protected from exposure to these materials. A JHA will be conducted by OC SAN with mandatory participation by the CONTRACTOR for operations involving these materials. 6. Cement Deep Soil Mixing (CDSM) - Develop a hazard mitigation plan for controlling exposures to hazardous substances to air, water, and soil. 7. Aboveground Fuel Storage Tank Permit. 8. Concurrent Work/Dual Employer Work Activities – If concurrent Work activities within the same general area are to be performed at the same time by more Contractor Safety Standards 18 November 5, 2024 (Revision 11) Orange County Sanitation District than one contractor, a permit shall be obtained by the Contractor at least one week before the Work is scheduled to begin. 9. Respiratory hazards - Whenever harmful dust, fumes, mists, vapors, or gases exist or are produced by construction activities in quantities giving rise to harmful exposure to employees, such hazards shall be controlled. Engineering controls are the preferred means of controlling respiratory hazards. If the engineering controls have not reduced the exposure for the employees below the Permissible Exposure Limit (PEL), the CONTRACTOR shall implement administrative controls and provide PPE for their employees if needed. 10. The CONTRACTOR must provide industrial hygiene data showing that employees are not being exposed over the PEL for the PPE they have selected. As new data is collected, it shall be submitted to Risk Management for review. 11. Spray Painting, Blast Cleaning, or Hydro Blasting – Contractors shall not conduct any spray painting, blast cleaning, or hydro blasting without written authorization from OC SAN. Authorization will only be provided after receipt and review of an acceptable detailed plan that addresses, as a minimum, the following: a. All spray application of coatings, blast cleaning, or hydro blasting at the Project site which is performed outside of a totally enclosed booth shall be kept to a minimum. Alternative application methods (brushing, rolling, etc.) or off-hour Work shall be considered and may be required to minimize potential overspray damage. b. If spray painting, blast cleaning, or hydro blasting is required, the CONTRACTOR shall submit a work plan for review by the ENGINEER in advance outlining specific areas where the Work will take place. The work plan shall be submitted using OC SAN’s PCMS. The work plan must include a schedule and the preventative measures utilized to eliminate the possibility of overspray damage to facilities and vehicles. c. Tenting or other means of containment shall be utilized for spray coating applications. A minimum of 3 test panels, 2 feet by 3 feet, with a contrasting background to the material being sprayed, shall be placed 10 feet outside of the local work area at elevations to be determined by the INSPECTOR. Spraying shall be stopped if the test panels exhibit overspray. d. Tenting and/or wet blasting shall be considered when grit blasting. Under no circumstances shall dust or coating particulates be permitted to leave the immediate work area. e. Spraying/Blasting operations shall be stopped if winds exceed 5 mph. f. A minimum 14-day notice shall be required prior to painting and blasting to provide adequate notification prior to the scheduled start date. g. For Work within Treatment Plant Sites, the CONTRACTOR shall provide and install signs at Plant entrances, work areas, and roadways to direct traffic as needed to alternate parking areas to prevent overspray damage to vehicles. Parking areas immediately downwind or otherwise in high- risk areas shall be delineated to prevent vehicles from parking in these areas. h. Any damage incurred by OC SAN or its employees due to paint, solvent or sandblasting materials from blasting or coating operations shall be promptly Contractor Safety Standards 19 November 5, 2024 (Revision 11) Orange County Sanitation District repaired by the CONTRACTOR to the satisfaction of OC SAN and its employees at no cost to OC SAN. B. Regulatory Requirements 1. Scaffold Erection and Use – OC SAN requires a copy of the CONTRACTOR’s competent person evaluation and sign off on all scaffolding erected. Signed copies of the CONTRACTOR’s competent person evaluation shall be forwarded to OC SAN no later than the day the scaffolding is completed and prior to scaffolding use. Scaffolding shall be inspected daily prior to use. 2. Cranes/Hoists – A copy of the operator’s training certification shall be submitted to OC SAN prior to any crane use. Certifications shall be submitted using OC SAN’s PCMS. The CONTRACTOR shall obtain a permit from OC SAN for any crane lift over a building/structure at least one week prior to the scheduled crane lift. 3. Excavation and Trenching – The CONTRACTOR is required to provide a copy of the applicable Cal/OSHA permit, the name of the designated CONTRACTOR’s competent person and stamped engineering designs as applicable. Documentation shall be provided prior to the start of the excavation. 4. Fall Protection – The CONTACTOR shall submit a fall protection plan for all Work exceeding 6 feet in elevation. The plan shall be submitted using OC SAN’s PCMS. The plan shall include a licensed (California) engineer’s approval for the use of all lifelines and specify how an employee will be rescued in the event of a fall. Documentation shall be provided prior to the start of the Work. All Service Vendors shall submit a fall protection plan for all Work exceeding 4 feet in elevation. 5. Demolition – Demolition Work on OC SAN facilities may contain regulated quantities of asbestos or lead. The CONTRACTOR shall be licensed by the California Department of Industrial Relations for demolition involving these materials. The CONTRACTOR shall submit copies of appropriate licenses, work plans, SCAQMD notifications as applicable, copies of worker training certificates and third-party monitoring registrations as applicable. OC SAN will be responsible for the disposal of all hazardous waste generated from these operations. Notifications shall be in accordance with applicable Federal, State, and local requirements. Specifications Section 01900 Hazardous Materials Mitigation and Controls contains additional guidance for asbestos, lead, and other regulated wastes. 4.8. CONTRACTOR / SUBCONTRACTOR SAFETY NON-COMPLIANCE A. OC SAN has the right to stop any Work activity deemed unsafe. Work may resume once the unsafe condition or behavior is corrected. B. Non-compliance with these Contractor Safety Standards by Contractors’ employees will result in a notification to the CONTRACTOR’s supervisory personnel when observed by Risk Management or OC SAN staff. C. Willful or repeat non-compliance with these Contractor Safety Standards may result in the ENGINEER or Risk Management requiring the Contractors’ employee(s) to be excluded from the site for a period designated by OC SAN. D. Failure of the CONTRACTOR’s onsite project management to enforce the Progressive Disciplinary Action Program included in the SSSP may result in the CONTRACTOR’s onsite project manager’s removal from the Project. Contractor Safety Standards 20 November 5, 2024 (Revision 11) Orange County Sanitation District E. The removal procedure may be accelerated and/or expanded to include removal of the Contractor’s entire workforce by the ENGINEER or Risk Management where the violation of these Contractor Safety Standards is widespread, or where the Contractor does not demonstrate good faith effort. F. The CONTRACTOR and Contractors that are unresponsive to safety issues or that have an unsatisfactory safety evaluation may be deemed ineligible to bid additional contracts for a period designated by OC SAN. G. Contractors may report legitimate unsafe actions/activities of any other Contractor to the ENGINEER or Risk Management. H. The CONTRACTOR and Contractors (through the CONTRACTOR) shall submit to the ENGINEER a list of (a) Competent Persons and Qualified Persons as applicable to the Work, and (b) First Aid / CPR trained personnel prior to starting the Work. Each list shall be clearly dated and updated as required throughout the Contract duration. Each time the list is updated, a copy shall be provided to Risk Management and the ENGINEER. The list shall be submitted using OC SAN’s PCMS. I. Contractors are responsible for handling, daily, rubbish and debris generated by their Work. The CONTRACTOR must keep the workplace clean. J. The CONTRACTOR will cooperate in inspections by OC SAN, Cal/OSHA, and other regulatory agencies. K. The CONTRACTOR will abate all safety violations or findings made by those agencies and report their corrections to the ENGINEER and Risk Management. L. The cited Employer(s) shall submit copies of all regulatory agency citation notices to the CONTRACTOR (if applicable), the ENGINEER or Risk Management immediately upon receipt. The CONTRACTOR shall ensure that it posts copies of all citations as required by Cal/OSHA or the applicable regulatory agency. Citations shall be submitted using OC SAN’s PCMS. 4.9. SUBSTANCE ABUSE PREVENTION POLICY A. Purpose 1. To maintain a safe, healthful, and efficient work environment, and to minimize absenteeism and tardiness, Contractors shall implement a Substance Abuse Prevention Policy that, at minimum, includes screening and testing as prescribed by this section. 2. Contractors’ employees who will be on site, drug testing shall be completed at least 30 days prior to the effective date of the Notice to Proceed. Contractors must only provide a list of those employees who have successfully passed their drug screening. OC SAN does not want and cannot accept the actual results. The section requirement for submission of testing results does not apply to consultants working under an OC SAN’s professional services agreement. 3. Contractors’ programs shall utilize a testing procedure and protocol that mirrors or exceeds US DOT parameters and protocols with the exception that the testing results will adhere to “zero tolerance” for the presence of alcohol detected in the system. This testing protocol will be required for all post- incident and for reasonable suspicion assessments of individuals. 4. An industry-accepted, commercially available, drug screening protocol can be used for pre-project assessments for workers, providing all positive result cases are referred for participation in the formal testing program. The screening Contractor Safety Standards 21 November 5, 2024 (Revision 11) Orange County Sanitation District method shall be capable of detecting, at a minimum, nanogram per milliliter (ng/ml) quantities of methamphetamine, MDMA (Ecstasy), THC (marijuana), cocaine, amphetamines, opiates, phencyclidine (PCP), and benzodiazepines in human body fluids. 5. This drug screening protocol can be utilized to obtain preliminary results only and would be unacceptable for obtaining any results which could have a legal impact, such as post-incident and for suspicion assessments. The drug screening method must be scientifically derived with supporting studies confirming the detection capabilities and sensitivities. B. Requirements 1. The CONTRACTOR shall implement and enforce a policy that prohibits the possession, distribution, promotion, manufacture, sale, use or abuse of illegal and unauthorized drugs, drug paraphernalia, controlled substances and alcoholic beverages by its employees, agents, or any person otherwise under the control of the CONTRACTOR, including employees and agents of Contractors while on the work site while working on the Project. Further, employees shall be prohibited from reporting to the premises under the influence of drugs or alcohol. 2. The Policy must apply to all personnel, including but not limited to regular, part- time, probationary, casual and contract employees of the CONTRACTOR, as well as to employees and agents of Subcontractors. The CONTRACTOR shall take whatever legally permissible steps are necessary or appropriate to enforce compliance with this policy. 3. Workers governed by this policy may possess a prescription medication in its original container and prescribed for current use of the person in possession by an authorized medical practitioner; provided that the Contractor provides a mechanism to ensure that employees taking prescription medicine inform the Contractor about potential side effects of medication which may affect the employee’s work ability (particularly their alertness and coordination), safety and the safety of others. 4. At a minimum, any worker shall be subjected to a pre-project drug screening protocol for drug use in accordance with the provisions of the Contractor’s program. A negative assessment result must be obtained prior to commencement of employment on this Project. C. Drug Screening. Any worker shall be subject to a drug screening protocol prior to commencing Work on the Project in accordance with the Contractor’s program: 1. At the time of the Project safety orientation training. No person showing preliminary positive screening results will be permitted to work on the Project. 2. All preliminary screening results will be managed as medical records that protect the employee’s confidentiality. D. Drug and Alcohol Testing. Any worker shall be drug and alcohol tested in accordance with the provisions of the Contractor’s program: 1. When preliminary drug screening results are positive indicating potential substance abuse and effected worker elects to have validated testing results. Prescription medication and potential test interferences will be considered during the collection and analysis process. 2. When involved in any type of incident, whether injury or property damage was incurred or not. Contractor Safety Standards 22 November 5, 2024 (Revision 11) Orange County Sanitation District 3. For reasonable suspicion of impairment which has been validated by a third party. E. Any employee who fails or refuses to take a drug screen or drug and alcohol test in accordance with the terms of the Contract Documents shall be removed from the Project. 5. GENERAL SAFETY REQUIREMENTS 5.1. ATMOSPHERIC MONITORING EQUIPMENT A. Wastewater facilities are commonly associated with a potential for hazardous atmospheres because of gasses present in the wastewater or inherent to the treatment process. Contractors who enter wastewater process areas (including confined spaces such as vaults, pits, tanks, basins, digesters, and excavations greater than 5 feet in depth) are to have on their person an atmospheric monitor that measures for Hydrogen Sulfide, Oxygen, Carbon Monoxide, and flammable gasses (Lower Explosive Limit (LEL)). When it is reasonable to suspect that other atmospheric hazards may be present, those hazards must be monitored as well. B. Contractors entering these spaces are responsible for the provision and safe use of said equipment. All air monitoring equipment must be fully functional, maintained, tested, and calibrated as required by the manufacturer’s instructions before each use. Air testing equipment shall be UL classified for use in Class I, Division 1, Groups A, B, C, and D hazardous locations as defined by the National Electrical Code. C. Prior to use, employees must be trained per manufacturer requirements on the use, limitations, and alarm modes of each air-testing device that they use. D. Employees must immediately leave a work area whenever an equipment alarm sounds due to any of the following alarms: 1. Low or high oxygen level (acceptable range is 19.5% to 23% oxygen). 2. Combustible gas detected above 10% LEL. 3. Set point for a toxic gas level is reached (e.g., 10 ppm hydrogen sulfide) 4. Sensor failure 5. Low battery alarm. E. Equipment must be carried with the employee or placed immediately adjacent to the work area and set to operate in a continuous monitor mode. If working in a group and not mobile, at least one employee in the group shall have an atmospheric monitor that is properly calibrated and on. The monitor can provide coverage for a 10-foot radius. If the group is working over an area greater than 10 feet, then more monitors will be needed to provide coverage. F. Air Contaminant Exposure 1. Contractors are responsible for determining if their employees are being exposed to harmful air contaminants or chemicals with recognized standard industrial hygiene analytical methods. 2. If Contractors determine that their employees are being exposed over the PEL then they must implement protective measures for their employees following Cal/OSHA Construction Standards Section 1528. 3. If the area is new construction, and where approved by the ENGINEER and Risk Management, the use of personal air monitors can be waived temporarily. Contractor Safety Standards 23 November 5, 2024 (Revision 11) Orange County Sanitation District 5.2. ASBESTOS A. Asbestos is to be handled only by a trained and licensed abatement contractor. Abatement contractor must be approved in accordance with applicable Federal, State, and local requirements to perform removal of asbestos containing materials (ACM). B. OC SAN will make known building materials known to contain or suspected to contain asbestos to the CONTRACTOR. The CONTRACTOR shall identify the materials within the structure or system prior to any construction, remodeling, or demolition activities. The CONTRACTOR shall properly protect in place or abate materials identified in the Contract Documents. C. Upon discovery of any ACM or presumed asbestos containing materials (PACM), Contractors shall stop Work in such areas and notify the ENGINEER and Risk Management. D. All asbestos abatement activities must follow Cal/OSHA, National Emission Standards for Hazardous Air Pollutants (NESHAP), Asbestos Hazard Emergency Response Act (AHERA), and South Coast Air Quality Management District rules and regulations. E. The abatement contractor shall prepare an Asbestos Abatement Plan in accordance with Specifications Section 01900 Hazardous Materials Mitigation and Controls. 5.3. HAZARDOUS (CLASSIFIED) LOCATIONS A. Electrical equipment and wiring that is used in these areas must meet specific electrical code requirements for hazardous areas. B. Before considering the installation of equipment in any process area, the area classification of that location should be determined by reviewing its area class map and/or checking with Risk Management and the ENGINEER. C. Work that may produce a spark or other source of ignition, or the opening of enclosures with energized electrical systems in Class I, Division 1 or Class I, Division 2 locations will require Hot Work Permits and may require specialized tools, equipment, and training. D. Requirements for Activities in Classified Areas 1. No vehicle parking will be permitted in classified areas. 2. Personal electronic devices are not permitted in classified areas. This includes cell phones, personal digital assistants, laptops, cameras, etc. The only exceptions to this policy are those devices specifically approved by the Risk Management. All non-approved devices shall be kept out of the classified area. Powering down a device is not sufficient to comply with this requirement. 3. In cases where use of unapproved devices is unavoidable, continuous atmospheric monitoring for combustible gases shall be provided at the location where the device is being used. If the monitor alarms at any time, personnel are to cease use of the unapproved device, de-energize any potential ignition sources, and evacuate the classified area until such time that the atmosphere has been tested as clear and management approves entry back to the work area. 4. Any activity in a classified area that could provide a source of ignition must be reviewed and approved in a Hot Work permit process prior to the start of such activity. Contractor Safety Standards 24 November 5, 2024 (Revision 11) Orange County Sanitation District 5.4. BARRICADES A. Barricades or fencing is required around excavations, holes or openings in floor or roof areas, edges of roofs and elevated platforms, around certain types of overhead work, and wherever necessary to warn, protect people, or vehicles against falling in, through or off. B. Barricades used around an opening in the floor or roof, at the edge of a roof or along an elevated platform shall meet the Cal/OSHA requirements of a standard guardrail. C. Barricades may also be used to isolate people (such as employees of other crews or employers, other project, OC SAN personnel, and the public) from Work activities as required by the activity, potential hazards created by the activity, or the location of the activity. D. Barricades must be of suitable construction and selected for the area of use (i.e., blinker type barricade for high vehicle traffic areas). E. To ensure the safety of the public, the CONTRACTOR shall provide and maintain adequate protection, such as chain link fences, gates, and barricades, to separate work areas from areas outside job site limits. F. A fall protection system accepted by the ENGINEER and Risk Management in writing shall be provided around excavation and trench leading edges. 1. If the trench or excavation depth is greater than 6 feet: barricades, guardrails, or chain link fencing shall be provided around all open sides. Any person working along the unprotected edge of the trench or excavation shall be protected by an approved fall restraint system. 2. If the trench depth is less than 6 feet, a warning line system accepted by the ENGINEER and Risk Management in writing, placed at least 6 feet from the leading edge, may be used in lieu of barricades, guardrails, or chain-link fence. G. Portable fencing shall be installed around construction work areas, the CONTRACTOR storage areas, and the CONTRACTOR’s heavy equipment if they are not otherwise protected within the confines of the Project’s perimeter barricade. 5.5. FENCING A. Chain link fencing shall be free from barbs, icicles (excess galvanizing material that may form sharp projections) or other projections that may cause injury. B. Fencing must be in good repair and installed to ensure stability of the fencing from being knocked over by employees or the public. C. Portable fencing shall be installed/braced to prevent being blown over during windy conditions. D. Base supports of portable fencing shall be installed/ placed to eliminate tripping hazards when fencing is placed adjacent to sidewalks and walkways. E. OC SAN reserves the right to prohibit use of temporary fence panel systems that require the use of a tubular or pedestal base support system that presents a potential trip hazard to pedestrians or obstruction for vehicles. Nuisance screening shall not be used in traffic areas unless approved by the traffic control engineer and accepted by the ENGINEER. 5.6. HOT WORK A. This section covers the provisions to prevent injury, loss of life, and loss of property from fire or explosion because of hot work. Contractor Safety Standards 25 November 5, 2024 (Revision 11) Orange County Sanitation District B. Hot work includes, but is not limited to, grinding, cutting, welding, brazing, soldering, heating, heat treating, thawing pipe, powder-driven fasteners, hot riveting, fusion welding, torch-applied roofing, torch cutting, sawing, concrete chipping, heat guns, or other operations that generate heat, flames, arcs, sparks, or other sources of ignition. C. Contractors shall only conduct hot work under a permit issued by OC SAN. Risk Management will issue a hot work permit for all hot work activities conducted at an OC SAN facility. The hot work permit is only valid for one day, except where approval for longer duration hot work permits has been provided by Risk Management. D. Contractors shall notify Risk Management at least 24 hours in advance of Work that requires a hot work permit. E. The Contractor’s Permit Authorizing Individual (PAI) will initiate the hot work permit. Risk Management will review the proposed hot work permit. If acceptable, Risk Management will endorse the hot work permit with a signature. F. The Contractor’s Person Performing Hot Work (PPHW) shall verify all hot work equipment is in good working condition and sign the hot work permit. G. Where required, the Contractor’s fire watch will close out the permit by providing the time that fire watch duties were completed and provide their initials. H. The Contractor’s PAI, PPHW, and fire watch shall review the hot work permit, inspect the work site, implement required controls, and add additional controls as identified by the CONTRACTOR. I. Hot work permits are only good for one day. J. Hot work permits shall be returned (hand delivered or emailed) to Risk Management for retention. K. Contractors have sole responsibility for provision of fire monitoring, fire protection system, fire watch, and site preparation required by the hot work permit, including, but not limited to, atmospheric monitoring, ventilation, personal protective equipment, firefighting equipment, fire watch, relocation of flammable and combustible materials, or covering flammable and combustible materials with approved fire blankets, curtains, or pads, where required by the permit. L. The hot work permit shall be conspicuously posted at the job site or work area. M. A fire watch shall be designated by name on the hot work permit. The designated fire watch shall remain present at the hot work location throughout the duration of the hot work activities and at least 30 minutes beyond completion of those hot work activities. OC SAN reserves the right to waive the 30-minute fire watch rule, depending on the hot work scope, and this can be authorized on the permit by the PAI and Risk Management. The fire watch shall observe the hot work operator, conduct atmospheric monitoring, and inspect the area for flammable and combustible hazards. The fire watch is permitted to perform additional tasks; however, those tasks shall not distract him or her from their fire watch duties. These tasks may include moving partitions relating to hot work, sweeping in the immediate area, and minimal assistance to the operator. N. Contractors shall have a Hot Work Program for fire prevention during hot work activities. This Program shall meet or exceed the requirements of NFPA 51B, “Standard for Fire Prevention during Welding, Cutting and Other Hot Work”. Contractor Safety Standards 26 November 5, 2024 (Revision 11) Orange County Sanitation District O. An approved fire extinguisher and/or other fire protection equipment are to be provided by the Contractors for each hot work operation in accordance with Cal/OSHA and local Fire Marshal / Fire Code requirements. This equipment shall be located on the same elevation and within 5 feet of the hot work activity. P. In areas where it is reasonable to expect that enriched oxygen or flammable combustible gases, vapors, dusts, or liquids may be present in sufficient concentrations to cause a fire or explosion, continuous air monitoring is required. When atmospheric monitoring is required, the Lower Explosive Limit must be non- detectable (0% LEL) and oxygen concentrations must be within acceptable limits of 19.5 and 23.5 percent oxygen, prior to any type of burning, welding, or hot work being conducted by the Contractor. Air monitoring will be required around or near any areas that may pose a potential fire or explosion threat from flammable or combustible vapors. Q. Welding fumes and particulates must be ventilated to protect hot work operators, fire watch, and personnel working adjacent to the hot work. Respirators approved by the National Institute of Occupational Safety and Health (NIOSH) must be worn for protection against welding fumes, hexavalent chromium, etc., as required. 5.7. CELL PHONES A. Cell phones can be a distraction in the workplace and contribute to serious injuries or fatalities. Consideration is to be given as to when and where a person uses their cell phone so as to avoid injury. B. Contractors shall not operate heavy equipment or vehicles when using cell phones. C. Cell phones shall not be used in classified locations where there is a potential explosive atmosphere, unless if the individual has on them a properly calibrated 4- gas meter. D. It is recommended that Contractors not walk and talk while on the phone. Phone calls or responding to text messages and/or emails, should be completed from a safe place on the job site. 5.8. COMPRESSED GAS CYLINDERS A. All cylinders must be secured and transported in a vertical upright position. B. Oxygen and fuel gas cylinders must be separated at least 20 feet or by a 5-foot- high barrier with a 1/2-hour fire rating when in storage. The cylinders shall be placed away from equipment with potential to contact the cylinders resulting in vessel rupture. C. Cylinder valves shall be turned to the off position if left inactive for 30 minutes or longer. D. Cylinders designed for valve protection caps must have the valve protection caps installed when in storage or when being transported. Cylinder storage areas shall have appropriate warning signage posted. Appropriate fire-fighting equipment must be provided for each cylinder storage area. E. Cylinders, hoses, and fittings shall be checked for leaks and damage on prior to use. F. Cylinders must be labeled as to the nature of their contents per NFPA requirements and the Cal/OSHA Hazard Communication Standard. G. Cylinders shall not be taken into confined spaces. H. Torches and hoses shall not be left connected to cylinders overnight. Contractor Safety Standards 27 November 5, 2024 (Revision 11) Orange County Sanitation District I. Torches and hoses shall not be stored in unventilated gang boxes or storage containers. J. Flashback arrestors and check valves shall be installed in accordance with manufacturer’s instruction on all oxygen-fuel torch sets. 5.9. CONCRETE AND MASONRY CONSTRUCTION A. Contractors must guard all protruding reinforcing steel, form stakes, or other members to eliminate impalement hazards. B. Contractors must create and follow a safe work procedure to remove concrete falsework. The procedure must be reviewed by employees removing the falsework and saved with the Project files. C. Contractors must not remove any forms or shoring until a determination has been made by the testing lab and structural authorized representative that the concrete has gained sufficient strength to support its own weight and that of superimposed loads. D. Contractors must not place loads on any concrete structure until concrete has reached a compressive strength predetermined by the ENGINEER. E. Where concrete shoring/reshoring is employed, a shoring/reshoring plan specific to the Project shall be available for review at the job site. F. Deviations from the shoring/reshoring plan will require the issuance of a new shoring/reshoring plan that has been stamped by a California licensed Professional Engineer. G. The addition of superimposed loads on the floor (such as equipment and/or materials) not considered in the reshoring plan shall be construed as a deviation from the plan. 5.10. POURING AND PUMPING OPERATIONS A. Permanent and temporary power lines shall be identified prior to the start of a concrete pour. Appropriate safeguards shall be implemented for the pumping, pouring, and finishing operations. B. A site traffic control plan shall be established for concrete truck traffic. Trained spotters and flaggers shall be used as necessary for worker and public safety. C. Employees involved in pouring and finishing activities shall have appropriate personal protection equipment, including gloves, mud boots, and eye protection. Concrete or cementitious products shall not contact skin or clothing. D. Concrete truck washout areas shall be in an area acceptable to the ENGINEER and located out of vehicular and pedestrian travel areas. E. Absorbent pads or the equivalent shall be provided for the pump and concrete trucks when the truck to pump transfer occurs in a public street or other public area. F. A site logistics plan shall be prepared for each pump location and shall include provisions for concrete truck traffic routing and control, as well as pedestrian traffic routing and control (if applicable). 5.11. MASONRY CONSTRUCTION A. Masonry walls shall be braced and/or supported as required by Cal/OSHA and/or local requirements. A clear buffer area shall be maintained during construction and work areas shall be maintained in a workmanlike manner. B. Clear Zone, unauthorized personnel shall be prohibited from entering the work area. Contractor Safety Standards 28 November 5, 2024 (Revision 11) Orange County Sanitation District 5.12. CUTTING, GRINDING AND PROFILING A. Dry cutting, grinding, and profiling of concrete or masonry shall be prohibited except in instances where it is determined in a manner consistent with applicable safety and health standards that the use of water in the cutting, grinding, or profiling is not feasible. B. If it is determined that the use of water is infeasible: 1. Contractors shall use work practice controls to control the dust, such as a vacuum with a high efficiency particulate air filter (HEPA), or other dust control system. 2. Any dry cutting which occurs shall be done in a designated area away from other employees if possible; and 3. Contractors shall provide affected employees with appropriate respiratory protection as part of a respiratory protection program in accordance with applicable Cal/OSHA standards. 5.13. CONFINED SPACE ENTRY A. Contractors shall have a written confined space program in accordance with Cal/OSHA safety orders. Contractors’ confined space programs shall not conflict with and may be used to supplement OC SAN’s confined space program, whichever is more stringent. B. Contractors shall not perform any Work in a confined space until a Confined Space JHA is completed by Risk Management with mandatory participation by the Contractor for both non-permit required and permit-required confined spaces. A separate JHA will be completed for each confined space entry location unless Risk Management deems that one JHA is sufficient to cover related confined spaces. Completion of the Confined Space JHA requires the Contractor to submit the following to Risk Management for review five days prior to the start of the job: 1. Proof of training for entrants, attendants, supervisors, and rescue personnel 2. A copy of the Contractor’s written confined space program 3. Site-specific entry procedures 4. Fall protection plan 5. Rescue procedure 6. Ventilation plan 7. Purge plan (required for gas and chemical systems) 8. Hot work permit (if applicable to the Work) 9. Scaffolding plan (if applicable to the Work) 10. Respiratory protection program, including fit testing and PFT results (if required for the Work) 11. Daily entry permit 12. Copies of the energy control procedures (LOTO) prepared by OC SAN Operations and Maintenance Department (O&M) 13. Safety data sheets for chemicals brought or used in the confined space 14. Other required documentation for confined space entry Contractor Safety Standards 29 November 5, 2024 (Revision 11) Orange County Sanitation District C. The Confined Space JHA will address: 1. OC SAN experience with the space, known and potential hazards that could be encountered during the confined space entry. 2. Any special precautions that must be taken by the Contractor employees who are working in or around the confined space. 3. Compliance with regulatory requirements and Contractor Safety Standards. 4. Method of coordination for entry operations if more than one General Contractor is entering the space or if OC SAN employees will be entering the space. D. Contractors shall identify and designate those individuals who are educated, trained, competent and/or qualified to perform specific confined space- related duties, including but not limited to, Entry Supervisors, Attendants, Entrants, hazard identification and controls, entering confined spaces, conducting atmospheric monitoring, providing for rescue, and ventilation. Confined space responsibilities shall be listed on the entry procedure and/or permit. E. Contractors shall provide required equipment for entry and rescue and ensure that it is properly inspected, tested, maintained, and used in accordance with manufacturer’s instructions and applicable safety programs. F. Ventilation plans for live sewer entry shall be prepared by a CSP, Certified Industrial Hygienist (CIH), or Professional Engineer (PE). G. Contractors shall identify, evaluate, and qualify assigned Rescuers or outside emergency services, and develop and implement procedures for summoning rescue. H. The CONTRACTOR is responsible to inform all Subcontractors of the terms discussed at all pre-job meetings. I. After a confined space entry, the Contractor shall conduct a debriefing meeting with the entry team to discuss any hazards encountered during the confined space entry. If the Contractor encounters a hazard(s) that was not noted on OC SAN Job Hazard Analysis, then the Contractor must alert Risk Management or the INSPECTOR to those hazards in writing J. Contractors must abide by the applicable Cal/OSHA and any other recognized standards for all confined space entry operations and furnish all appropriate personnel, equipment, and support. K. Contractors’ personnel must be trained and certified in the hazards of confined space work, including rescue procedures and provisions, the use of respiratory equipment, and instructions as to the hazards they may encounter. Contractors shall submit all certifications and training documents prior to any confined space entry. L. Contractors shall develop a written, understandable, and detailed confined space operating and rescue procedure as part of their entry permit. This procedure must be made available to all affected employees. M. Contractors are required to provide all necessary entry and rescue equipment required for all entries into confined spaces (tripod, full body harness, and lifeline or equivalent, etc.) as required by the applicable regulatory Standards. Fire Department shall not be considered first responders for rescue. Contractor Safety Standards 30 November 5, 2024 (Revision 11) Orange County Sanitation District N. Prior to entry into a confined space, Contractors shall ensure all lines that may convey flammable, injurious, or incapacitating substances into the space are disconnected, blinded, or blocked off by other positive means in accordance with Cal/OSHA Lockout/Tagout regulations and Section 5.43 for Control of Hazardous Energy (LOTO). O. Prior to and continuously throughout entry into confined space, the Contractor shall test the air with an active (pump model) atmospheric monitor for: (1) oxygen content, (2) flammable gases and vapors, and (3) potential toxic air contaminants (CO; H2S, other as required). A written record shall be made and kept at the confined space entry point. Readings shall be recorded on an atmospheric log every 15 minutes. Contractors can seek a variance from Risk Management for logging readings at a different interval. P. Contractors shall conduct stratified testing of each confined space before entering if there is the potential of gas to have stratified. Stratified sampling will include lowering the sampling hose at approximately 4-foot intervals and waiting sufficient time for the sampling pump to pull the air to the monitor sensors. Q. All entries into active, ponded, or live sewer systems shall ensure compliance with Title 8 CCR 5157 Appendix E Sewer System Entry. 1. Contractors entering OC SAN active sewer systems who elect to use ventilation, in lieu of atmosphere-supplying respirators, must submit a Ventilation Plan. This plan shall be a component of the Confined Space Entry Procedures and be reviewed and signed by a PE qualified to practice in the state of California, CSP, or a CIH prior to Risk Management review. 2. The plan must include, but is not limited to: a. Determination of the internal size (volume) and configuration of the permit space. b. How have the physical properties (molecular weight, vapor pressure, etc.) of the atmospheric hazards been considered in the design of the Ventilation Plan. c. The capacity of each piece of equipment being used, and does the capacity match the requirements of the space? d. The air exchange rate required to maintain acceptable entry conditions. e. Assessment of whether the Work or activities being performed within the sewer will contribute to the atmospheric hazard. f. Description of mitigation measures g. Calculations demonstrating how identified hazards are mitigated. h. A consideration of how the atmosphere will be affected by any hazards brought into the confined space such as hot work, hazardous vapors from industrial coatings, etc. 3. The Contractor’s Ventilation Plan must be submitted and accepted by the ENGINEER and Risk Management prior to placing workers or equipment into an active sewer. 4. In absence of an accepted Ventilation Plan, the Contractor shall make entry into the active, ponded, or live sewer system under supplied air. The Contractor shall refer to respiratory protection section for additional requirements. Contractor Safety Standards 31 November 5, 2024 (Revision 11) Orange County Sanitation District R. The confined space will be emptied to extent possible by OC SAN or as detailed in Contract Documents. The Contractor is responsible for flushing, cleaning, and purging of flammable or injurious substances to the extent feasible. The Contractor shall provide the proper ventilation equipment. S. Whenever a hazardous atmosphere and/or oxygen deficiency cannot be ensured through ventilation, the Contractor shall provide NIOSH approved respirators to affected employees. Employees using respiratory protection shall be involved in a comprehensive respiratory protection program in accordance with applicable Cal/OSHA standards. The level of respiratory protection shall be adequate to safeguard persons against the hazardous atmosphere. T. Where a Standby Rescue Employee is required, the Standby Rescue Employee must have a valid certificate in First Aid and CPR training from the American Red Cross, or equivalent training verified by documentary evidence. U. Visual contact or two-way radio communication must be available always. V. If radios are selected for communication, the Contractors shall provide the radios. W. When the CONTRACTOR arranges to have employees of a Subcontractor perform Work that involves a confined space entry, the CONTRACTOR shall: 1. Inform the Subcontractor that the workplace contains confined spaces and entry into them is allowed only through compliance with a confined space program that meets the requirements of the CCR Title 8 Sections 1950 through 1961. 2. Inform the Subcontractor of the elements including the hazards identified and the host employer’s experience with the spaces that may classify it as permit required. 3. Inform the Subcontractor no Work is to be performed in a confined space until a Confined Space JHA is completed by Risk Management with mandatory participation by the Subcontractor for both non-permit required and permit- required confined spaces. The Subcontractor shall follow the submittal requirements outlined in Section 5.13.B. 4. Coordinate entry operations with the Subcontractor when both the CONTRACTOR and Subcontractor will be working in or near the permit required confined space. 5. Debrief the Subcontractor after the permit required confined space operation; ensure that the following questions are asked: a. Was the permit required confined space program followed? b. Were unpredicted hazards confronted or created in the permit required confined space during the entry operations? c. Were all the tools and equipment needed for the confined space entry and rescue on site and in good operating order? X. Contractors must establish a means of communication with outside emergency services. Outside emergency services can only be used to provide medical services. Contractors are responsible for rescuing their employees from the confined space. Contractor Safety Standards 32 November 5, 2024 (Revision 11) Orange County Sanitation District 5.14. UTILITY CONNECTIONS A. The CONTRACTOR shall not, or allow any Subcontractor to, make any temporary service connections to electrical, water, air, steam, or other utilities without the written acceptance of the ENGINEER. B. Temporary connections shall comply with all applicable Federal, State, and local regulations. C. Temporary connections shall be inspected on a regular basis. D. Contractors shall not operate any valves or equipment owned by OC SAN or other agency/municipality without authorization. 5.15. CONSTRUCTION AND PERSONAL VEHICLES A. Contractors’ vehicles must be in authorized areas only. Do not block or obstruct intersections, fire lanes, fire hydrants, traffic lanes, driveways, or parking lot entrances. Offending vehicles may be towed or ticketed without notice at the vehicle owner’s expense. B. Personal vehicles are not permitted within the treatment plants, except where authorized by the Contract Documents or the ENGINEER and Risk Management. C. Company and personal vehicles parked within the treatment plants shall conduct a 360-degree vehicle walk around prior to operation to ensure OC SAN structures or assets are not struck. D. Contractors’ fleet vehicles entering and/or working at the site must have the company name/identification clearly displayed on the vehicle with door magnets or sticker labels. Window tint decals are not acceptable. 5.16. ASSIGNED WORK AREA A. Contractors are confined to their assigned work areas. B. Contractors are responsible for enforcing the PPE standards inside the work area. C. Wandering throughout the treatment plant and project sites is strictly prohibited. D. Contractors are responsible for establishing effective access control to their site. E. Contractors shall only travel on permitted roadways or pathways as provided by the ENGINEER or Contract Documents. 5.17. CRANES, BOOM TRUCKS AND HOISTS A. The term “crane” as used in this section shall include boom trucks, hoists, and similar truck-mounted cranes. B. Prior to commencing any lifting over buildings/structures, the CONTRACTOR shall request a permit at least one week prior to the scheduled lift. C. Cranes exceeding three tons rated capacity shall not be used in lifting service until an approved certifying agent has certified the equipment. 1. Cranes that do not have such evidence of inspection shall not be permitted to operate on the Project. 2. A qualified person shall inspect the crane, rigging, and operating mechanism prior to first operation on any work shift. Inspection shall be documented and maintained on the crane. Results of inspections shall be made available to OC SAN upon request. Contractor Safety Standards 33 November 5, 2024 (Revision 11) Orange County Sanitation District 3. Periodic inspections shall be made at least four times per year. The inspection shall be documented with the latest inspection maintained on the crane. Inspection results shall be provided to OC SAN’s PCMS. 4. Annual and quadrennial (where required) certifications shall be made for each crane. Annual or quadrennial certifications can satisfy one of the periodic inspections. Crane certifications shall be maintained on the crane and submitted using OC SAN’s PCMS. D. Only qualified persons or service providers shall re-inspect any crane that is involved in any incident or is damaged during set-up or operation, and a new certificate of inspection issued prior to being returned to service. E. Only employees authorized by the CONTRACTOR and trained, or known to be qualified, in the safe operation of cranes shall be permitted to operate such equipment. 1. Operators shall have valid evidence of current licensing or certification in accordance with State and local requirements. Operators shall not use cell phones or radios while operating unless the cell phone or radio is required for the lift. 2. Operators not having such evidence where required shall not be permitted to operate applicable machinery (except under terms and conditions prescribed for trainees by applicable regulations). F. All mobile cranes having either a maximum rated boom length exceeding 200 feet or a maximum rated capacity exceeding 50 tons shall be equipped with a load indicating device or a load movement device. G. Cranes shall be equipped with a boom angle or a boom radius indicator and clearly legible load chart in clear view from the operator’s position. H. An effective, audible warning and operating signal device (such as a horn) shall be provided on the outside of the crane. The controls shall be in easy reach of the operator. I. When required by the manufacturers or certifying agent’s instructions, outriggers shall be set so that wheels or crawler tracks within the boundary of the outriggers shall be relieved of all weight by the outrigger jacks or blocking. J. Plates, pads, or mats shall be used under the outriggers or crawlers of all cranes when a lift exceeds 75% of the capacity of the crane as it is configured for that lift. The plates, pads, or mats shall be of suitable material and size to support the crane on the surface that it is set up on. K. The CONTRACTOR shall ensure that a qualified person visually inspects the crane, controls, rigging and operating mechanism prior to the first operation of any work shift. Records of daily inspections by the operator or other qualified person shall be maintained on the crane and must be available for review upon request. L. Adjustments and repairs to the crane shall only be made by a qualified person. M. An industrial cartridge style fire extinguisher of not less than 10-B: C rating shall be kept in serviceable condition and readily accessible to the operator. N. Lifting operations shall be performed in a controlled manner to prevent loads from being passed directly over workers, occupied workspaces, or occupied passageways. Contractor Safety Standards 34 November 5, 2024 (Revision 11) Orange County Sanitation District O. A qualified signal person shall be provided when the point of operation is not in full and direct view of the operator unless a signaling or control device is provided. Only one person shall be permitted to give signals to the operator. Any employee involved in the operation may give a “stop” signal if such a signal is warranted. P. A legible chart depicting and explaining the system of crane signals used shall be conspicuously posted near the hoisting operation. Q. All loads shall be rigged by an identified, qualified, and authorized rigger. R. No Employee shall be permitted to ride on loads, hooks, or slings of any derrick, hoist, or crane. S. Swing radius protection shall be provided where a rotating crane is positioned to operate in areas where persons may be caught between rotating parts and fixed objects or non-rotating crane components. T. Tag lines, restraint lines, or guide ropes shall be used on all loads except where their use presents a greater hazard. Such lines or ropes should be insulated to prevent shock and shall not contain knots or splices that may snag on an object. U. Cranes shall not be left unattended while the load is suspended unless the load is over water, a barricaded area, or is blocked up or otherwise supported. V. Before leaving the crane unattended, which means leaving the controls of the crane, the operator shall: 1. Land or properly secure any attached load 2. Disengage clutch (if applicable) 3. Set travel, swing, boom brakes, and other locking devices unless otherwise specified by the certifying agents 4. Put controls in the “off” position 5. Stop the engine 6. Secure the crane against accidental travel W. In all operations where the weight of the load being handled is unknown and may approach the rated capacity, a qualified person shall determine the magnitude of the load unless the crane is equipped with a load-indicating device. X. The CONTRACTOR shall provide a qualified person to direct the lift. The qualified person shall see that: 1. The crane is properly leveled for the work being performed and blocked where necessary. 2. The load is well secured and properly balanced in the sling or lifting device before it is lifted more than a few inches. Y. A designated person shall monitor the clearance between crane booms, load lines, and loads, and power lines and alert the operator when necessary. Z. For power lines rated 50kV, or less, minimum clearance between the lines and any part of the crane or load is 10 feet. For power lines rated over 50kV, minimum clearance between the lines and any part of the crane or load shall be 10 feet plus 0.4 inch for every 1kV over 50kV. AA.Magnetic lifting devices are not allowed to lift material or equipment. Contractor Safety Standards 35 November 5, 2024 (Revision 11) Orange County Sanitation District 5.18. OC SAN OWNED OVERHEAD CRANES A. Prior to use of an OC SAN owned overhead crane, the Contractor must complete and sign OC SAN’s Hold-Harmless Agreement. A copy of the Hold-Harmless Agreement can be obtained from Risk Management. B. The Contractor shall submit a signed training verification letter stating the names of the individual(s) who are trained, competent, and qualified to operate the overhead crane. C. The Hold-Harmless Agreement and training verification letter shall be submitted prior to use of the crane using OC SAN’s PCMS. D. The Contractor is responsible for pre-use inspection of the crane for which authorization has been granted. Inspections must be documented. The Contractor shall not overload the crane and must immediately report any damage to OC SAN. 5.19. RIGGING, SLINGS AND HOOKS A. Hoisting hooks shall be of the safety latch-type. B. Crane hooks with cracks or with deformation of throat opening more than 15% more than normal opening or more than 10-degree twist from plane of unbent hook shall be removed from service. C. Ropes shall be inspected for proper lubrication, excessive wear, broken strands, and proper weaving. D. To determine proper time for replacement, a continuing inspection record shall be maintained for hoisting ropes. Conditions such as the following shall be reason for replacement: 1. In running ropes, 6 randomly distributed broken wires in one rope lay, or three broken wires in one strand in one lay. 2. Wear of 1/3 the diameter of outside individual wires. 3. Kinking, crushing, bird caging, or other damage resulting in distortion of the rope structure. 4. In stranding ropes, more than two broken wires in one lay in sections beyond end connections or more than one broken wire at an end connection. 5. Reduction of rope diameter below nominal diameter due to loss of core support, internal or external corrosion, or wear of outside wires. E. Fixtures are usually attached to wire rope using wire rope clips. The clips must be attached with the inside curve of the U-bolt against the dead, or short end of the wire rope, and flat clip (saddle) against the live, or long end of the wire rope. F. Each day before being used, wire rope slings, metal mesh slings, and natural and synthetic fiber rope slings, and all fastenings and attachments shall be inspected for damage or defects by a qualified person. G. Slings shall have permanently affixed tags stating the following: 1. Manufacturer’s name or trademark 2. Rated capacity H. Chains shall not be used for rigging. Contractor Safety Standards 36 November 5, 2024 (Revision 11) Orange County Sanitation District 5.20. CRITICAL LIFTS A. A Critical Lift Plan shall be prepared and submitted to Risk Management for all lifts that: 1. exceed 75% of the lifting device’s capacity as configured for that lift, 2. is deemed a critical lift by the ENGINEER, the INSPECTOR or Risk Management due to potential negative consequences to safety, structure, or schedule, 3. over a building that normally has occupants, or 4. Involves two or more cranes or lifting devices. B. A qualified person shall prepare the Critical Lift Plan. The qualified person preparing the plan may be the crane operator, lift supervisor, or rigger. The crane operator, lift supervisor, and rigger shall participate in the preparation of the plan. The plan shall be documented, and a copy provided to the CONTRACTOR and the ENGINEER. The plan shall be reviewed by, and signed by, all personnel involved with the lift. 1. The plan shall specify the exact size and weight of the load to be lifted and all crane and rigging components that add to the weight. The manufacturer’s maximum load limits for the entire range of the lift as listed in the load charts shall also be specified. 2. The plan shall specify the lift geometry and procedures, including the crane position, height of the lift, the load radius, and the boom length and angle, for the entire range of the lift. 3. The plan shall designate the crane operator, lift supervisor, and rigger, and state their qualifications. 4. The plan will include a rigging plan that shows the lift points and describes rigging procedures and hardware requirements. 5. The plan will describe the ground conditions, outrigger, or crawler track requirements, and, if necessary, the design of mats, necessary to achieve a level, stable foundation of sufficient bearing capacity for the lift. 6. For floating cranes or derricks, the plan shall describe the operating base (platform) condition and any potential list. C. The plan will list environmental conditions under which lift operations are to be stopped. D. The plan will specify coordination and communication requirements for the lift operation. E. For tandem or tailing crane lifts, the plan will specify the make and model of the cranes, the line, boom and swing speeds, and requirements for an equalizer beam. F. This plan shall be submitted to OC SAN at least two weeks prior to the lift. G. The Critical Lift Plan shall be reviewed by Risk Management prior to start of the lifting operation. 5.21. DEMOLITION A. The CONTRACTOR shall prepare a demolition plan that contains the following: 1. Describe scope of demolition. Contractor Safety Standards 37 November 5, 2024 (Revision 11) Orange County Sanitation District 2. List construction equipment or materials intended to be used for demolition work and how they will be used. 3. Identify/describe utilities to be shut off, capped, or otherwise controlled. 4. Prepare/describe evacuation plan for work area. 5. Describe processes and controls for preventing unauthorized access to demolition work area. 6. Describe processes and controls for how access will be maintained for OC SAN O&M or inspectors (if needed). 7. Describe how construction debris will be loaded out and where. Identify controls for this area. 8. Provide high level hazard assessment and describe controls to control each hazard. 9. Describe dust control measures to be employed. 10. Prepare/describe fire prevention measures to be employed. 11. Describe hazard warning devices to be used. 12. Identify personal protective equipment required for the protection of the head, eyes, ears, respiratory system, hands, feet, and other parts of the body. 13. Identify competent persons who will be performing inspections during demolition to detect hazards resulting from weakened or deteriorated floors, walls, or loosened material. 14. Submit shoring drawings and scaffolding drawings where applicable. 15. Utility companies shall be notified, and all utility service shut off, capped, or otherwise controlled, at the building or curb line before starting demolition. The CONTRACTOR is responsible to verify that these actions have been taken. 16. The CONTRACTOR shall develop an Emergency Call List for all known utility owners prior to the start of demolition activities. 17. A site plan shall be marked up to show the locations of known utilities, and the nearest identified shut-off valves/controls. This plan shall be available in the CONTRACTOR’s site office. The ENGINEER and Risk Management shall be provided with a copy. 18. The CONTRACTOR shall research available documents to identify all utilities prior to digging or boring. The CONTRACTOR shall pothole to locate critical utilities prior to digging or boring. B. Existing alarm systems shall be identified and taken out of service prior to commencing demolition operations. Alarm services shall be notified that the alarm will be taken out of service before taking the system out of service. C. The CONTRACTOR shall determine if any type of hazardous chemicals, gases, explosives, flammable materials, or similarly dangerous substances have been used in any pipes, tanks, or other equipment on the property. D. When the presence of hazardous substances is apparent or suspected, testing and purging shall be performed, and the hazard eliminated prior to demolition. E. Pipe-covering insulation, steel beam and column fire protection, and HVAC duct shall be surveyed for asbestos. Contractor Safety Standards 38 November 5, 2024 (Revision 11) Orange County Sanitation District F. During demolition, continuing inspections shall be made as the Work progresses to detect hazards resulting from weakened, load burdened, or deteriorated floors or walls or loosened materials. 1. The CONTRACTOR shall ensure that floor load limits are not exceeded during demolition operations. 2. Disperse demolition equipment throughout the structure and remove demolished materials to prevent excessive loads on supporting walls, floors, or framing. G. Adequate dust control measures shall be provided during demolition, stockpiling, and loading operations with potable water sources only. The CONTRACTOR shall inspect for accumulated dust and clean regularly. H. Walking across exposed floor joists, steel beams, or girders is prohibited. I. Standing on pipes, conduits, or other structures (i.e., cable trays, motors) used for the treatment process is prohibited. J. The CONTRACTOR shall ensure safe passage of persons around the area of demolition. Conduct operations to prevent damage to adjacent buildings, structures, other facilities, and people. K. Provide interior and exterior shoring, bracing, or supports to prevent movement, settlement, or collapse of structures to be demolished, and to adjacent facilities. L. Demolish concrete and masonry in sections. Use bracing and shoring to prevent collapse. M. Indoor concrete demolition shall have a dust control plan in place that is effective and accepted by the ENGINEER. Continuous inspection of indoor dust and the efficacy of the plan must be conducted. 5.22. ELECTRICAL A. General 1. Contractors and all their employees must follow the NFPA 70 and 70E standards to determine work practices with appropriate arc-resistant personal protective equipment. 2. The Contractor who places, installs, erects, or connects any electrical wires, fixtures, appliances, apparatus, raceways, conduits, solar photovoltaic cells, or any part thereof, which generate, transmit, transform, or utilize electrical energy in any form or for any purpose shall be an electrician certified by the State of California or a C-10 Electrical Contractor Licensed in the State of California. 3. The Contractor who installs, services, and maintains all types of communication and low voltage systems which are energy limited and do not exceed 91 volts shall be a C-7 Low Voltage Systems Contractor. These systems include, but are not limited to telephone systems, sound systems, cable television systems, closed-circuit video systems, satellite dish antennas, instrumentation and temperature controls, and low voltage landscape lighting. Low voltage fire alarm systems are specifically not included in this section. 4. During the commissioning phase of a project, a state certified electrician shall be available to make any changes or adjustments to electrical installations that the commissioning coordinator requires. This would include testing equipment, checking voltage, and installing wire jumpers. Contractor Safety Standards 39 November 5, 2024 (Revision 11) Orange County Sanitation District 5. All temporary power panels must have covers installed always. All circuits must be clearly labeled. 6. Contractors are to supply ground fault circuit interrupters (GFCI) for all temporary electrical wiring cords and equipment. Ground Fault Circuit Interrupters shall be tested in accordance with manufacturer’s requirements. Logs shall be maintained of all such testing. GFCI with automatic reset feature are not permitted for use at OC SAN. 7. Temporary lighting shall not be suspended by its extension/power cord and must be equipped with guards to prevent contact with the bulb. 8. Extension cords must be at minimum 12-gauges, three-wire cords. Extension cords shall be used only in continuous lengths without splice or tap. The terminals and insulation shall be free of defects such as cracked, split, or nicked insulation; exposed wires; knots; burn marks; loose connectors; or other damage that may present a fire or an electrocution hazard. The ground prong shall not be removed. 9. Power tools must be double insulated or grounded properly. Power tools shall be inspected before each use. Damaged or defective tools and cords shall be removed from service. 10. To protect all employees on the Work site, Contractors shall use either or both a ground-fault circuit interrupters or an assured equipment ground conductor program as required by 8 CCR section 2405.4. 11. Contractors must properly tagout and lockout any equipment within their responsibility. Control of the lock and tag is also the Contractor’s responsibility. The CONTRACTOR shall coordinate instances that require multi-employer lockout/tagout activities. 12. The CONTRACTOR shall ensure that all electricians are trained on NFPA- 70E (Electrical Safety in the Workplace) to identify electrical hazards. Contractors shall provide all PPE as required by NFPA 70E. The CONTRACTOR shall request the latest arc flash hazard study from OC SAN 45 days prior to performing any Work on existing live systems and/or equipment. Contractors shall use care when working around energized parts so as not to contact live parts, causing an electrical outage and/or injury. B. Electrically Safe Work Condition 1. Energized electrical conductors and circuit parts operating at voltages equal to or greater than 50 volts shall be locked out and tagged out before an employee performs Work within the limited approach boundary or the employee interacts with equipment where conductors or circuit parts are not exposed but an increased likelihood of being burnt from an exposure to an arc flash hazard exists. 2. Energized electrical Work or exposure to open energized panels shall be prohibited without authorization from the ENGINEER, unless required in the Contract Documents or as listed below. 3. Contractors may Work in the following equipment and locations while energized: a. Contractors may perform Work inside existing electrical cable trays or 480V manholes and pull boxes while existing cables are energized and in operation. Contractors shall wear appropriate personal protective equipment per NFPA 70E. b. Contractors may perform Work inside PLC and Remote I/O Panels while the Contractor Safety Standards 40 November 5, 2024 (Revision 11) Orange County Sanitation District panel are energized and in operation. Contractors shall wear appropriate personal protective equipment per NFPA 70E. c. T Contractors may perform testing, troubleshooting and voltage measuring of control circuits while energized. Contractors shall wear appropriate personal protective equipment per NFPA 70E. 4. De-energizing electrical conductors and circuit parts to which an employee may be exposed shall be performed by de-energizing and locking out the sources of electrical energy in accordance with the LOTO section. Electrically safe working conditions shall be established by qualified persons only. 5. When the possibility of induced voltages or stored electrical energy exists, the phase conductors or circuit parts shall be temporarily grounded in accordance with NFPA 70E before touching them. 6. Documentation, including facility drawings, shall be reviewed to ensure that no electrical circuit interlock operation can result in reenergizing the circuit being worked on. 7. Locks and tags shall only be installed on circuit disconnecting means. Control devices such as pushbuttons or selector switches shall not be used as the primary isolating device. C. Energized Work 1. If Work on or near energized electrical systems is required, the Contractors shall be trained in NFPA-70E and shall obtain the ENGINEER’s written acceptance of and adhere to a plan for such energized Work that includes the following: a. Description of energized Work to be performed, estimated duration of energized Work, arc flash hazard category and the required PPE. b. Safety Plan and Procedures. c. Performance of energized Work by the Contractor’s qualified, experienced electrician who is NFPA-70E trained and licensed in the State of California. d. Installation of barriers, if possible, to isolate the energized parts and/or devices that may cause a shutdown of a process. e. Obtaining the ENGINEER’s acceptance of the plan prior to the notification of OC SAN. f. Written Notification shall be provided to OC SAN as required per Contract Documents. 2. Shutdown requests shall be submitted as specified in the General Requirements section entitled “Advance Notification for Plant Shutdown”. 3. Working on energized equipment shall be performed by qualified persons, where authorized by the ENGINEER, or where it can be demonstrated that de- energizing equipment introduces additional hazards or increased risk. The authorization will be in the form an Energized Electrical Work Permit. 4. Energized Work is permitted where the task is infeasible in a de-energized state due to equipment design or operational limitations, or for equipment operating at less than 50 volts. 5. Contractors shall implement safety-related work practices consistent with the electrical hazard and associated risk. The safety-related work practices shall be determined before any person is exposed to the energized equipment using Contractor Safety Standards 41 November 5, 2024 (Revision 11) Orange County Sanitation District shock and arc flash risk assessments. The shock risk assessment will determine the limited approach boundary and the restricted approach boundary. The arc flash risk assessment will determine the arc flash boundary, including the level of personal protective equipment to protect against arc flash hazards. 6. Employees are prohibited from blindly reaching into areas that might contain exposed energized electrical conductors or circuit parts. 7. Conductive articles of jewelry and clothing (watches, bracelets, rings, key chains, necklaces, metal framed glasses) shall not be worn within restricted approach boundaries or where they present an electrical contact hazard. Additionally, any conductive materials and equipment that are in contact with any part of an employee's body shall be handled in a manner that will prevent contact with exposed energized conductors or circuit parts. 8. When working within a confined or enclosed space that contains exposed energized electrical conductors or circuit parts operating at 50 volts or more, protective shields, protective barriers or insulating materials shall be used to avoid inadvertent contact with these parts. D. Limited Approach Boundary 1. The limited approach boundary is the established safe distance for unqualified persons. The limited approach boundary is a calculated distance from an exposed live part where a shock hazard may exist. Only qualified persons are permitted to cross this boundary, if needed. 2. Where there is a need for unqualified persons to cross the limited approach boundary, qualified persons shall advise the unqualified person of the hazards and continuously escort the unqualified person while inside the boundary limit. Unqualified persons shall never cross the restricted approach boundary. E. Restricted Approach Boundary 1. The restricted approach boundary is closer to live parts and may only be crossed by qualified persons. The restricted approach boundary is a calculated distance from an exposed live part where there is an increased risk of shock due to electrical arc combined with inadvertent movement for personnel working near the live part. Energized electrical permits are required when crossing this boundary to perform Work on the energized conductor or circuit. 2. No qualified person shall approach or take any conductive object closer to exposed energized electrical parts within the restricted approach boundary, except where authorized by the ENGINEER in writing. 3. Unqualified persons are prohibited from working within the restricted approach boundary. F. Arc Flash Boundary 1. The arc flash boundary is the calculated distance at which the incident energy equals 1.2 calories per square centimeter (energy capable of causing a curable second-degree burn). In theory, persons working outside of the arc flash boundary would only sustain a curable second degree burn or less should an arc flash occur. Work performed inside of the arc flash boundary requires a level of PPE to reduce the incident energy on the human body to quantities lower than 1.2 calories per square centimeter. Contractor Safety Standards 42 November 5, 2024 (Revision 11) Orange County Sanitation District 2. The incident energy analysis is based on the working distance of the employee’s face and chest from a prospective arc source for the specific tasks to be performed. The analysis is performed as part of the arc flash risk assessment, which considers overcurrent protective devices, fault clearing time, and condition of maintenance. 3. The incident energy analysis shall be evaluated when changes occur in the electrical system or every five years, whichever occurs first. G. Demolition 1. Demolition of the following equipment and systems shall be performed by an electrician certified by the State of California, or a C-10 Electrical Contractor licensed in the State of California. The individual(s) shall also be deemed to be a Qualified Person(s), as defined by Cal/OSHA and NFPA 70E. a. Electrical systems, equipment, and connections that have a potential of 50 volts or greater. b. Electrical conductors, cables, cable bus, cable trays, and bust ducts. c. Conduits terminating at equipment that is to remain in operation after demolition Work is performed. 2. Prior to performing any electrical demolition Work, the following activities at a minimum, shall be completed by a Qualified Person(s) who is an electrician certified by the State of California or a C-10 Electrical Contractor licensed in the State of California, to ensure the system or equipment have been made safe for demolition Work: a. Review applicable drawings b. Locate source, destination, and routing (end to end) of the conductors, cables, cable bus, cable trays, bus ducts, and conduits to be demolished. c. Identify voltage levels and other hazards d. Walk through the entire length of the demolition route from the power source to the termination point at end device. Ensure all conductors, cables, cable bus, cable trays, bus ducts, and conduits have been adequately identified (end to end wire checks) for demolition. e. Mark all the equipment to be demolished from the power source to the end device destination using a contrasting means that cannot be easily removed (paint, tape, adhesive wire ID tags, etc.) as acceptable to the ENGINEER. The equipment shall be marked at five feet intervals. The equipment shall also be tagged where the conductors, cables, cable bus, cable trays, bus ducts, and conduits enter an underground installation and/or penetrate a wall. f. Unless accepted by the ENGINEER, the demolition of the conductors, cables, cable bus, cable trays, bus ducts, and conduits shall never start in the middle of the route. It shall always start from one end and work toward the other end. 5.23. ELEVATING WORK PLATFORM AND AERIAL DEVICES A. General 1. Only authorized and trained personnel shall operate an aerial device or elevating work platform. Contractor Safety Standards 43 November 5, 2024 (Revision 11) Orange County Sanitation District 2. Boom, basket, platform load limits specified by the manufacturer shall not be exceeded. 3. Employees shall not sit or climb on the edge of the basket or platform or use planks, ladders, guardrails, or other devices to gain greater height. 4. Employees shall not work from elevated work platforms or aerial devices when exposed to high winds. OSHA defines “high winds” as any wind condition above 40 mph. B. Aerial Devices 1. An aerial device is any vehicle-mounted or self-propelled device, telescoping extensible or articulating, or both, which is primarily designed to position personnel. 2. Belting off to an adjacent pole, structure, or equipment while working from an aerial device is not permitted. 3. Lift controls shall be tested in accordance with the manufacturer’s recommendations or instructions prior to use to determine that such controls are in safe working condition. 4. Aerial baskets or platforms shall not be supported by adjacent structures when workers are on the platform or in the baskets while in an elevated position. 5. An employee, while in an elevated aerial device shall be secured to the identified anchorage point using a full body harness and lanyard for fall protection. 6. An employee shall not exit the aerial device to gain access to an elevated work area (i.e., use it as an “elevator”). 7. The total load shall not exceed the weight allowed by the manufacturer. C. Elevating Work Platforms 1. An elevating work platform is a device designed to elevate a platform in a substantially vertical axis. (Vertical Tower, Scissor-Lift) 2. Scissor lifts and vertical tower lifts equipped with a personal tie off anchor point, as designed by the equipment manufacturer, personal fall arrest system for aerial lifts shall be used. Contractors shall refer to equipment manufacturer instructions for safe use of the anchor point. If the scissor lift or vertical tower is not equipped with a personal tie off anchor point, then personal fall arrest systems are not required. At no time shall the employee tie off to a guardrail system or other unapproved system or structure. 3. The platform guardrail shall be 42 inches high, plus, or minus 3 inches, with a middle railing. Where the guardrail is less than 39 inches high, a personal fall protection system accepted by the ENGINEER and Risk Management in writing shall be used. 4. Powered elevating work platforms shall have both upper and lower control devices. Controls shall be plainly marked as to their function and guarded to prevent accidental operation. 5. An emergency stopping device shall be provided at the upper controls of elevating work platforms. 6. Ladders or other objects shall not be placed on top of units to gain greater height. Contractor Safety Standards 44 November 5, 2024 (Revision 11) Orange County Sanitation District 7. An employee shall not exit the elevating work platform to gain access to an elevated work area (i.e., use it as an “elevator”), unless a manufacturer approved procedure is available. 8. The work platform shall be operated according to manufacturer instructions. D. Rescue Plan 1. Before Work beings, necessary rescue equipment should be determined and made available at the work area. 2. Appropriate emergency rescue procedures shall be in place for an emergency rescue of a person using a fall-arrest system or aerial lift device, as follows: 3. Rescue shall be provided in less than six minutes to prevent suspension trauma. For most Work, this shall necessitate a full-time safety watch. 4. If a rescue cannot be performed in less than six minutes, the fall-arrest system shall have a device that automatically lowers the person to the ground safety. 5. If compliance with the above cannot be achieved, a safe and alternative working procedure shall be used. 6. Emergency rescue procedures shall consider the immediate rescue of a person after an arrested fall without the need to rely on emergency services or appropriately trained and competent standby rescue teams. 5.24. EMERGENCY ACTION AND EVACUATION PLAN A. The CONTRACTOR is responsible for the development of a Project-specific emergency action plan that shall consider probable and possible emergency situations. This plan shall be included in the SSSP. B. The plan shall be revised throughout the course of the Project to reflect changed conditions. The plan shall be maintained at the site, and available for review upon request. The plan shall contain the following at a minimum: 1. Project site map 2. Street map of immediate area showing Project location that clearly identifies one-way and dead-end streets. 3. Building plan, including a plan for each floor 4. Emergency notification list 5. Emergency notification procedures 6. Evacuation procedures 7. Evacuation route 8. Evacuation refuge area 9. How employees will be trained on the contents of this plan 10. Intervals for refresher training C. The plan shall contain an Emergency Contact List. The list shall include 24-hour contact information for key Project personnel that will respond to emergencies. The CONTRACTOR shall maintain this list throughout the duration of the Contract and provide a revised copy to all parties when made necessary by changes to personnel or their contact information. Contractor Safety Standards 45 November 5, 2024 (Revision 11) Orange County Sanitation District 5.25. ENVIRONMENTAL CONTROLS A. Spills of hazardous materials (including cutting oil, fuel, solvents, antifreeze, sewage, etc.) must be reported immediately to the appropriate regulatory agencies and to OC SAN. The party responsible for the spill is responsible for cleanup costs. B. Cutting equipment must have secondary containment (drip pans, sandboxes). C. Drums, jugs, and other containers must have secondary containment. D. All containers must be maintained in good condition and must be appropriate for the materials to be stored in them. E. All containers must be labeled with their contents and precautions for use. F. Containers containing hazardous waste must be labeled “Hazardous Waste” in addition to listing their contents on the label. G. Weekly inspections of the Project must be performed by the CONTRACTOR to assure compliance with this section. H. Hazardous waste owned by OC SAN prior to the notice to proceed will be considered OC SAN-generated hazardous waste, which requires Risk Management personnel to sign and receive copies of manifested paperwork. 1. The CONTRACTOR shall coordinate with the ENGINEER on the storage of hazardous waste before remediation begins. The CONTRACTOR shall request each storage container from OC SAN a minimum of ten workdays in advance of remediation of hazardous materials. 2. Risk Management will contact an OC SAN approved hazardous waste transportation and waste disposal vendor to transport OC SAN-generated hazardous waste offsite and dispose of in compliance with applicable Federal and State regulations. The CONTRACTOR is responsible for all other construction generated waste. 5.26. EQUIPMENT AND TOOLS A. Contractors’ equipment and tools must be in proper working condition and routinely (i.e., daily or prior to use) inspected for defects. B. Any equipment or tool found to be damaged or defective must be removed from service and repaired before it can be returned to service. C. Manufacturer’s instructions shall be followed with respect to equipment/tool operation and training requirements. D. Equipment is not to be used with loads that exceed the recommended rated capacity. E. Contractors are to use only their own equipment and tools, and not those of others, unless employees are properly trained and authorized. F. Tools and equipment are to be used for their designated purpose. G. Tools and equipment are to be used only by trained and authorized employees. H. Proper guards or shields must be installed on all power tools before use. All guards must be manufactured by and/or approved by the manufacturer for that piece of equipment. I. The practice of “wedging or pegging” guards on circular saws or other equipment, rendering them non-functional, is not permitted. Contractor Safety Standards 46 November 5, 2024 (Revision 11) Orange County Sanitation District J. No internal combustion vehicle or machinery is to be operated inside structures, confined spaces, or excavations unless proper engineering controls have been implemented to minimize carbon monoxide levels. In such cases where vehicles or machinery are operated inside structures, carbon monoxide levels shall be monitored continuously to ensure a safe work environment. K. All material handling equipment must have an audible backup alarm unless a designated spotter is used. L. Tools and equipment must be properly stored, secured, and located away from unauthorized access. M. For pneumatic power tools, all air hoses exceeding ½ inch inside diameter shall have a safety device (commonly known as an “OSHA valve” or “safety check valve) at the source of air supply or branch line origin (such as a manifold) to reduce pressure in case of hose failure. 5.27. MACHINE GUARDING A. Contractors shall use tools with manufacturer provided guards. Guards and safety devices shall not be defeated or manipulated. B. Contractors shall secure any fixed tool or equipment to prevent shaking or jumping. 5.28. EXCAVATION AND TRENCHING A. The Contract Documents require that all excavations be performed, protected, and supported as required for safety and in a manner set forth in the operational rules, orders, and regulations prescribed by the Cal/OSHA Construction Safety Orders. B. The CONTRACTOR shall submit to the ENGINEER for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches 5 feet or more in depth. The plan shall be submitted using OC SAN’s PCMS. The plan shall be prepared and signed by a Civil or Structural Engineer registered in the State of California as required by all applicable laws including Cal/OSHA construction safety orders. As a part of the plan, a note shall be included stating that the registered Civil or Structural Engineer certifies that the plan complies with the Cal/OSHA Construction Safety Orders, or that the registered Civil or Structural Engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders. C. The detailed plans showing the design of shoring, etc., shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loading. The plans shall indicate, for all trench conditions, the minimum horizontal distances from the side of the trench at its top to the near side of the surcharge loads. D. Nothing contained in this section shall be construed as relieving the CONTRACTOR of the full responsibility for providing shoring, bracing, sloping, or other preventive measures which are necessary for worker protection, nor for the liability resulting from the failure to do so. E. The CONTRACTOR shall obtain an excavation permit for excavations when required by the ENGINEER or local or State law. F. Trenching or excavating activities must be under the supervision of a trained Competent Person. Contractor Safety Standards 47 November 5, 2024 (Revision 11) Orange County Sanitation District G. Contractors’ materials for the protection of personnel (i.e., bracing, shoring, shielding, and trench boxes) must be in good condition and of proper dimensions/materials. H. The CONTRACTOR’s Competent Person must inspect excavations daily and whenever conditions change. The CONTRACTOR’s Competent Person shall perform daily inspections of each trench and excavation for possible cave-ins, failure of protective systems, hazardous atmospheres, or other hazardous conditions. Results of such inspections shall be made available to those working within the trench or excavation. I. The CONTRACTOR’s Competent Person must determine the soil classification (Type A, B, or C) to determine the appropriate type of protective system required for the excavation. J. Excavated soils, materials or equipment are to be kept at least 2 feet from the edge of the excavation. K. The CONTRACTOR must provide appropriate barriers to protect people and vehicles from falling into the trench. Lighted barricades must be provided at night. Danger and/or caution tape is not an acceptable barrier. L. Ladders or other means of egress must be provided by the CONTRACTOR for access and spaced within 25 feet of any worker inside the excavation when the depth of the excavation exceeds 4 feet (48-inches). M. Walkways are to be provided over any excavation or trench point that an employee may need to cross. Walkway must have handrails, midrails, and toeboards. 1. Where pedestrian traffic must be accommodated over excavations, suitable non-skid plates, or other suitable material capable of withstanding at least twice the maximum intended load must be provided to serve as a pedestrian runway for safe passage. 2. The edges of the runway shall be tapered (or chamfered) to minimize trip hazards. In the alternative, the approach to the runway shall be tampered with a suitable and durable material or the runway set into the surface to minimize trip hazards. N. Rescue equipment must be provided by the CONTRACTOR (full body harness and lifeline, breathing apparatus, basket stretcher, etc.) when hazardous atmospheric conditions or engulfment hazards are expected to exist. 5.29. UTILITY LOCATION A. The CONTRACTOR must locate buried utilities before digging in accordance with the law. B. Prior to excavation, all known owners of underground facilities in the area shall be notified by calling the regional One Call Notification System at 811. C. The nearest shut off valve or control point for known utilities shall be identified on the CONTRACTOR developed and maintained site plan. D. The CONTRACTOR shall check the entire job site for visual signs of substructures. This includes such items as manhole covers, water meter boxes, ditch lines, pavement patches, previous location marks, pole risers, and the obvious absence of overhead utilities. Contractor Safety Standards 48 November 5, 2024 (Revision 11) Orange County Sanitation District E. Most utilities inside of treatment plants are not within USA jurisdiction and are not required to be marked. The CONTRACTOR shall meet with the ENGINEER to view the excavation plans and all utility information resources prior to potholing. F. Contractors must expose substructures utilizing hand and/or soft digging methods, such as air-knifing, hydro-excavation, or hand shovel after locations are determined. G. Utilities within 24 inches of the proposed location of excavation, drilling or other intrusive Work activities shall be exposed and identified using hand and/or soft digging methods identified above. H. Contractors shall be careful not to damage the utility substructure by scraping, hammering, or other forms of excavation or locating efforts. I. Contractors shall be aware of the possibility of joint use of an excavation/trench for power, telephone, gas, fiber optics, cable, etc. J. The subsurface utilities shall be marked during excavation, drilling, and other intrusive activities. The markings shall be visible and maintained throughout the intrusive activities. 5.30. FALL PROTECTION A. General 1. Contractors shall have a written fall protection program if Work is required to be performed at elevated locations. The fall program shall be developed by a competent person and in accordance with applicable governmental regulations and this procedure. The program may be part of the Injury and Illness Prevention Program or maintained as a separate program. 2. Contractors shall conform to all applicable Federal and Cal/OSHA regulations. 3. The CONTRACTOR shall submit a fall protection plan as part of the SSSP for all Work exceeding 6 feet in elevation. The plan shall include a California licensed Professional Engineer’s approval for the use of all lifelines. Documentation shall be provided to OC SAN prior to the start of the Work. The plan shall be submitted using OC SAN’s PCMS. 4. Personal fall restraint, fall arrest, work positioning, horizontal lifelines, and vertical lifeline systems shall be designed and installed under the supervision of a California licensed Professional Engineer. 5. The CONTRACTOR shall meet with Risk Management prior to the start of the job and complete a CSO that addresses where fall protection may be required and how fall protection is to be achieved. 6. Contractors shall verify the use, inspection, storage, and maintenance of fall protection equipment with the requirements outlined in this document and all other applicable regulations. B. Hierarchy of Fall Protection Controls 1. The hierarchy of controls listed below shall be utilized to eliminate or reduce fall hazards. When elimination is not feasible, various engineering and administrative controls will be evaluated to determine appropriate personal protection against the fall hazard. Fall hazards and existing controls shall be periodically reassessed to determine if a greater level of protection can be applied or if the hazard can be eliminated. Contractor Safety Standards 49 November 5, 2024 (Revision 11) Orange County Sanitation District 2. Elimination - Eliminating the fall hazard or preventing exposure to a fall hazard is the most effective control measure and should be considered for existing hazards or during new construction. This can be achieved by modifying a structure, isolating the authorized person from the hazard, changing a process, substituting equipment, or using work procedures so that the authorized person is not exposed to the fall hazard. 3. Passive Fall Protection - If it is not possible to eliminate the risk of a fall, reduce the risk using passive fall protection equipment. Passive fall protection offers a greater level of protection than active fall protection systems since there is no reliance on the authorized person. Passive systems include guardrails, covers capable of supporting weight, scaffolds, and aerial lift devices. Note: Aerial lift devices require the use of a personal fall restraint system. 4. Personal Fall Restraint System – These systems allow the authorized person access to conduct their work but prevent them from reaching a point of where a fall could occur. The system is generally suited if the authorized person needs to work at the edge of a hazard, such as a roof’s edge or at a hatchway in a process area. The fall hazard shall be positioned a greater distance away as compared to the fixed length of lanyard. 5. Personal Fall Arrest System - If it is not possible to use the above options, the use of a personal fall arrest system (PFAS) to arrest a fall after it occurs shall be used. This system provides the maximum freedom of movement for workers to conduct Work. In the event of a fall, the fall will be arrested requiring the person to be self-rescued or be rescued. 6. Work Positioning System - These systems are different from a PFAS in that the length of the lanyard is shorter and rigged in such a way that will both restrict the range of movement of the authorized person and prevent falls of more than 2 feet. These systems secure the worker in place, allowing the authorized person to perform tasks with both hands. This requires the use of special harnesses and lanyards. 7. Administrative Controls - If none of the above measures are feasible or the risk of a fall remains, the risk shall be further reduced using administrative controls to reduce the risk of falling. These controls may include erection of a controlled access zone, warning line system, warning signs, training, or a safety monitoring system. The use of controlled access zones, warning line systems and safety monitoring systems shall be accepted by the ENGINEER and Risk Management before they are implemented. These controls attempt to increase worker awareness of fall hazard and alone should not be relied upon. C. Passive Fall Protection Systems 1. Guardrails a. Guardrails shall consist of a top rail, midrail and vertical posts. Mid-rails shall be installed at a height midway between the top edge of the guardrail system and the walking/working level. Guardrails shall be installed within 42 inches to 45 inches from the upper surface of the top rail to the working level. b. Guardrails used around floor openings will be erected on all unprotected edges of the hole, except on the side with a cover that can be locked in a vertical position and can provide equivalent fall protection. Note: cover must be at least 42 inches in height. Contractor Safety Standards 50 November 5, 2024 (Revision 11) Orange County Sanitation District c. Guardrails may be temporary or permanent. Temporary guardrails may be relocatable or job-made, and typically used while more permanent systems are being installed or when Work is of short duration or at a space not intended as a permanent work area. d. Access and egress openings in guardrails shall be equipped with a swinging, self-closing gate or shall be offset so that a person cannot walk directly into the opening. As a minimum, guardrails shall be able to withstand 200 pounds of force in any direction, except upwards, at the midpoint between posts without exceeding 1 ½ inches of deflection. e. Mid-rails, screens, mesh, intermediate vertical members, solid panels, and equivalent structural members shall be capable of withstanding, without failure, a force of at least 150 pounds applied in any downward or outward direction at any point along the mid-rail or other member. f. All guardrail posts shall not exceed a separation distance of 8-foot on center. 2. Toe-Boards a. When used as falling object protection, shall be erected along the edge of the overhead walking/working surface for a distance sufficient to protect employees below. b. Toe-boards shall be capable of withstanding, a force of 50 pounds applied in any downward or outward direction at any point along the toe- board without failure. c. Toe-boards shall be a minimum of 3 ½ inches in vertical height from their top edge to the level of the walking/working surface. They shall have not more than ¼-inch clearance above the walking/working surface. They shall be solid or have openings not over 1 inch in greatest dimension. 3. Covers a. Shall be designed by a qualified person and capable of supporting at least 400 pounds or twice the weight of the employee, equipment and materials imposed on 1 square foot. b. Shall be secured to prevent accidental displacement. c. Covers in the process areas shall only be opened by authorized persons. d. Covers used in temporary construction shall bear painted or stenciled sign stating: “Opening – Do Not Remove”. e. Shall not project more than 1 inch above the surface. f. When covers are not in place, the opening shall be constantly attended by an authorized person or protected by guardrails. 4. Personal Fall Prevention Equipment a. Body Harness 1) Only ANSI-approved full body harnesses shall be used for personal fall protection systems. 2) The full body harness shall be equipped with self-retracting lanyards. 3) The weight limit of the harness and other system components shall be determined and not exceeded. Weight limit is determined by calculating Contractor Safety Standards 51 November 5, 2024 (Revision 11) Orange County Sanitation District the body weight of the user and weight of any tools and materials being carried. 4) All full body harnesses must come equipped with both a back and front “D-ring”. 5) Body or safety belts are not permitted for use as part of a personal fall protection system. 6) Harnesses should be equipped with suspension trauma safety straps. b. Lanyards 1) Only ANSI-approved lanyards shall be used for personal fall protection. 2) The length of fixed length lanyards used for fall protection shall be determined by the competent person shall be less than the distance that allows its user to impact the level below in the event of a fall. 3) Lanyards shall be connected to secure anchor points in such a manner that will limit an employee free fall distance to 6 feet or less. 4) Lanyards shall be protected from abrasions, cuts, or deterioration caused by ultra-violet light, dirt, adverse weather conditions and chemicals. 5) Synthetic rope lanyards shall be rated to support at a minimum 900 pounds. 6) Lanyards with a shock absorbing device shall be used with the lanyard to reduce fall arresting forces to 500-600 pounds. 7) Lanyards shall be free from knots. 8) Lanyards shall not be tied back to themselves, except where designed to do so and approved by a qualified person. 9) Self-retracting lanyards shall only be attached using rated shackles or carabineers. 10) Lanyards shall only be connected to the “D” ring on a harness. c. Self-Retracting Devices (Lanyards) 1) Only ANSI-approved self-retracting devices shall be used for personal fall protection. 2) Self-retracting devices that automatically limit free fall distance to 2 feet or less shall be capable of sustaining a minimum tensile load of 3,000 pounds applied to the device, with the line in the fully extended position. 3) Self-retracting devices that do not limit free fall distance to 2 feet or less shall be capable of sustaining a minimum tensile load of 5,000 pounds applied to the device, with the line or lanyard in the fully extended position. 4) Self-retracting devices shall not be used on horizontal or vertical lifeline systems unless the length of the lanyard on the drum of the device will not permit the worker to reach the hazard even when fully deployed. 5) Each employee shall be attached to a separate self-retracting device. 6) Self-retracting devices shall be protected against being cut or abraded. Self-retracting lanyards and fixed-length lanyards shall be leading edge certified. Contractor Safety Standards 52 November 5, 2024 (Revision 11) Orange County Sanitation District d. Anchorages 1) All anchorages shall be designed and certified by a California licensed Professional Engineer regarding strength, location, and compatibility with fall protection equipment. 2) Anchorage points for personal fall arrest systems shall be capable of supporting 5,000 pounds per employee attached. 3) Anchorage systems for personal fall restraint systems shall be capable of supporting 4 times the intended load. 4) Anchorage systems for horizontal lifeline systems shall be capable of supporting two times the maximum tension developed in the lifeline during a fall. The number of persons attached to a horizontal system shall be used in determining the maximum tension in the lifeline. The system shall be designed, installed, and used, under the supervision of a qualified person. 5) Vertical lifelines shall have a minimum breaking strength of at least 5,000 pounds. 6) The anchorage systems are to be inspected for physical damage by the user prior to each use and a documented inspection by the competent person at a minimum frequency of two times per year and more frequently if environmental conditions warrant. 7) The correct placement of anchorage systems for personal fall arrest should be installed at or above shoulder height to reduce the fall distance. The anchor point should be located to minimize swinging, should not be affected by the environment or contamination, and should prevent contact with lower level or an object. 8) The following may never be used as an anchor point: a) Top rails, midrails or vertical posts associated with a guardrail system b) Handrails or stair rails c) Ladders, except approved ladder safety systems d) C-Clamps e) Piping or conduit f) Wood structures g) Unistrut support systems h) Motors or mechanical objects e. D-Rings and Snap Hooks 1) D-rings and snap hooks shall have a minimum tensile strength of 5,000 pounds. 2) D-rings and snap hooks shall be proof-tested to a minimum tensile strength of 3,600 pounds without cracking, breaking, or taking permanent deformation. 3) Snap hooks shall be of locking-type designed and used to prevent disengagement. Contractor Safety Standards 53 November 5, 2024 (Revision 11) Orange County Sanitation District 4) Snap hooks shall not be used unless they are a locking type and designed for the following connections: 5) Directly to webbing, rope, or wire rope. 6) To other snap hooks. 7) To a D-ring to which another snap hook or other connector is attached. 8) To a horizontal lifeline. 9) To any object that is incompatibly shaped in relation to the snap hook. 10) D-rings and snap hooks shall have a minimum tensile strength of 5,000 pounds. 11) Lanyard snap hooks shall not be wrapped around anchor points and connected back to the lanyard, except where designed for such use. 5. Personal Fall Restraint a. A Personal Fall Restraint System shall not allow the employee to fall. Fall restraint and horizontal/vertical lifeline systems shall be designed and installed under the supervision of a California licensed Professional Engineer who has been trained in fall protection and is a Qualified Person. b. Fall restraint systems shall be limited to flat or low sloped working surfaces. c. The fall restraint system shall include anchorage, connecting devices (lanyard/lifeline) and full body harnesses. Equipment shall be approved by ANSI. d. The connecting device shall be of sufficient length to allow movement of the authorized person only as far as the sides of the working level or working area. The authorized person shall not be capable of reaching the fall hazard. e. The connecting device may only be connected to the back D-ring of the fully body harness. f. Non-certified anchorages are not permitted for horizontal or vertical lifeline systems. 6. Personal Fall Arrest Systems a. Fall arrest systems shall be designed and installed under the supervision of a California licensed Professional Engineer who has been trained in fall protection and is a Qualified Person. b. The fall arrest system shall be designed such that the authorized person subjected to a fall shall not strike an obstruction or encounter a lower level or object. c. The fall arrest system shall include anchorage, connecting devices (lanyard), deceleration device and full body harnesses. Safety belts are not permitted for fall arrest or fall restraint. d. The connecting device may only be connected to the back D-ring of the body harness. e. Personal Fall Arrest Systems shall limit the fall distance to a maximum of 6 feet and prohibit the employee from contacting a lower level or structural element. Contractor Safety Standards 54 November 5, 2024 (Revision 11) Orange County Sanitation District 1) Where practicable, the anchor end of the lanyard shall be secured at a level that is higher than the D-ring of the employee’s fall protection harness. f. When using a lifeline, Contractors shall submit a fall protection plan for all Work exceeding 6 feet in elevation and the plan shall include a California licensed Professional Engineer’s stamp of approval. g. Self-retracting devices that automatically limit free fall distance to 2 feet or less shall be capable of sustaining a minimum tensile load of 3,000 pounds applied to the device, with the line in the fully extended position. h. Self-retracting devices that do not limit free fall distance to 2 feet or less shall be capable of sustaining a minimum tensile load of 5,000 pounds applied to the device, with the line or lanyard in the fully extended position. i. Anchorages used for attachment of personal fall arrest equipment: 1) shall be independent of any anchorage being used to support or suspend platforms, and 2) capable of supporting at least 5,000 pounds per employee, or 3) Part of a complete personal fall protection system used under the supervision of a qualified person that maintains a safety factor of at least two. j. The system shall be designed to bring an employee to a complete stop and limit the maximum deceleration distance an employee travels to 3.5 feet (shock-absorbing lanyards). k. The system shall limit the maximum arresting force on an employee to 1,800 pounds and withstand twice the potential impact energy of an employee free- falling 6 feet or the free fall distance permitted by the system, whichever is less. l. Personal fall arrest systems and components subjected to impact loading will be immediately removed from service and will not be used again for employee protection until inspected by a competent person and determined to be undamaged and suitable for re-use according to the manufacturers’ specifications. m. Personal fall arrest systems shall be inspected at least two times per year by a competent person. The date of the inspection shall be documented. n. Personnel shall avoid carrying tools or sharp objects in their front or back pockets. Should a fall occur, these objects may become a puncture hazard. o. The use of non-locking snap hooks is prohibited. p. Body belts shall not be used for fall protection, fall restraint nor fall arrest. 7. Positioning Device Systems a. Work positioning systems shall be designed and installed under the supervision of a California licensed Professional Engineer. b. Positioning devices shall be rigged such that an employee cannot free fall more than 2 feet. c. Positioning device systems shall be inspected prior to each use. d. Anchorage points for positioning device systems shall be capable of supporting 2 times the intended load or 3,000 pounds, whichever is greater. Contractor Safety Standards 55 November 5, 2024 (Revision 11) Orange County Sanitation District 8. Permanent Platforms a. Walking/working surfaces 6 feet and above shall be guarded by standard railing and toe board. b. No fall arresting equipment is required when working on a platform with fall protection (handrails, mid-rails, and toe boards) designed to regulatory specifications. c. When employees perform Work outside of the guarded area, they shall have on a full body harness and lanyard. The lanyard must be secured to the back- D ring of the harness and to a suitable anchor point. d. Cal/OSHA requires gates on ladders on work platforms. For this reason, all fixed ladders on work platforms should have gates at the top. Chains are not an acceptable substitute for ladder gates. Spring loaded double bar gates should be installed at the top of ladders on work platforms. 9. Elevated Work Surfaces a. Standard guardrails shall be provided on all open sides of unenclosed elevated work locations, such as: roof openings, landings, balconies or porches, platforms, runways, ramps or working levels more than 30 inches above the floor, ground, or other working areas. b. Fall protection systems, or other measures will be required whenever employees who are exposed to fall hazards from work/walking surfaces which are 6 feet or more above the adjacent ground, floor, or other work surface, or when elevated Work involves a potential hazard for falling outside existing railing that surrounds the platform below. c. Elevated platforms shall be maintained as to eliminate hazards from slips and trips. d. Guardrails used around holes will be erected on all unprotected edges of the hole. If the hole is used for the passage of materials, no more than two sides may have removable guardrail sections. 10. Floor Holes a. Holes in the floor that are greater than 2 inches in its least dimension shall be covered. b. Holes through which materials or tools may fall and create a hazard or through which parts of a person’s body may contact dangerous moving parts, shall be completely covered except when in use. 11. Roof Fall Protection a. Guardrail systems shall be provided for Work within 15 feet of the roofs edge. When temporary or leading-edge Work is being performed, a fall restraint/arrest system accepted by the ENGINEER and Risk Management in writing may be implemented. Toeboards shall be installed at guardrail locations. Guardrails may be permanent or temporary. Routine walkways should be identified on the roofs. Parapet walls meeting the height and strength requirements of a guardrail are an acceptable form of fall protection. b. Guardrails shall extend at least 6 feet beyond the areas occupied by employees accessing, servicing, or repairing permanently mounted rooftop equipment. Contractor Safety Standards 56 November 5, 2024 (Revision 11) Orange County Sanitation District c. When roof access is provided along the roof edge, guardrails shall extend15 feet on both sides along the roof edge. When roof access is provided through a roof hatch, guardrails shall be provided around the access hatch, except along the side with the hatch cover. A swinging gate shall be provided. d. Personnel who need to travel beyond the protection of the guardrails must be protected by a personal fall arrest or restraint system. e. Roof work shall be prohibited during lightning storms, heavy rain, high winds, or dense fog conditions. Roof work shall be prohibited after dusk, except during emergency repairs or planned Work where all appropriate safety precautions have been implemented in advance (i.e., portable lighting). Use of a personal flashlight is acceptable as a back-up only. f. If personal fall protection is utilized, provisions need to be made to protect people below from falling object hazards. This may include delineating surfaces below the elevation location or positively securing equipment/tools on the roof. g. Skylights shall be protected using skylight screens, approved covers or guardrails. 12. Ramps, Walkways and Sloped Surfaces. a. Employees on ramps, runways, and other walkways shall be protected from falling 6 feet or more to lower levels by guardrail systems. b. Ramps or Sloped Surfaces with an incline greater than 40 degrees will require an employee to use fall protection while on the ramp or sloped surface. 13. Leading Edge a. All personnel working within15 feet from a leading edge that could cause a fall of 6 feet or more (including diagonal falls of 40 degrees or more) shall be protected from falling by guardrails systems, personal fall arrest systems, body positioning device, warning line system including a Safety Monitor/ Attendant. b. Personnel working within 15 feet of the roof edge will be required to use personal fall arrest or fall restraint devices that will not allow them access to the roof edge. Self-Retractable Lanyards (SRL) cannot be used as part of a personal fall protection or fall restraint system unless the full length of the lanyard is less than the distance to the roof edge. c. When a fall protection plan utilizes a warning line system in lieu of railing, fall arrest or fall restraint systems, warning lines constructed of ropes, wires or chain, and support stanchions shall be erected as follows: 1) Warning line shall be installed no less than 15 feet from the roof edge. 2) Warning line shall be rigged and supported in such a way that its lowest point including sag is no less than 34 inches from the walking surface and its highest point is no more than 39 inches from the walking surface. 3) The warning line shall be flagged at not more than 6-foot intervals with high visibility material. Contractor Safety Standards 57 November 5, 2024 (Revision 11) Orange County Sanitation District 4) After being erected, warning line stanchions shall be capable of resisting without tip over a force of at least 16 pounds. 5) Warning line shall have a minimum tensile strength of 500 pounds and after being attached to the stanchion, shall be capable of supporting 16 pounds without breaking. 6) No Work or Work-related activity is to take place in the area between the warning line and the edge. 7) The use of warning lines closer than 6 feet from the edge is not permitted as substitute for conventional fall protection for Work other than roof construction/repair. 14. Excavations a. Excavations 6 feet or more in depth shall be protected from falling by wooden sawhorse style barriers, K-rails, fences, or similar appropriate devices. The authorized individual shall determine the degree of hazard and implement an effective method of control. b. Personnel shall travel directly to the point of entry of the excavation. c. The Contractor who created the hole or opening is responsible for implementing the preventative measure(s). 15. Wells, Service Pits, Shafts, Manholes, and Sumps a. Each person at the edge of a service pit, shaft, manhole, sump 6 feet or more in depth (or 4 feet if an OC SAN employee is exposed to the fall hazard) shall be protected from falling by guardrails systems, fences, rigid barricades, or covers. b. When performing Work activities near the edge of an open manhole or vault, the opening shall be guarded with a temporary cover or portable guardrail system. c. During the performance of any task where a manhole or vault will be open without a temporary cover, barricade, or protective hand-railing. A crew member shall be assigned the responsibility of a Safety Monitor, whose sole duty is to warn co-workers and bystanders when they exceed the 6- foot safety perimeter around the hole or opening. d. All floor holes and floor openings located in shut down or abandoned structures must be covered or guarded. 16. Confined Spaces a. Confined Spaces that are 5 feet or more in depth shall require the use of a mechanical retrieval device for both fall arrest and rescue. Exception – the required use of a mechanical retrieval device can be circumvented, only if the Entry Supervisor can justify that its use poses a greater hazard to the entrant(s). All exceptions must be documented on OC SAN’s JHA form. b. Contractors shall develop fall protection and rescue plans and provide the equipment and personnel needed to implement their plans. c. One hundred percent (100%) fall protection shall be implemented by all trades for all fall exposures of 6 feet or more. d. Rescue shall be addressed in the Contractor’s Confined Space Rescue Program and Confined Space Rescue Plan. The Contractor may be Contractor Safety Standards 58 November 5, 2024 (Revision 11) Orange County Sanitation District required to submit a site-specific fall protection and rescue plan, as well as training documentation for review by persons with authorized oversight. e. Calling 911 and depending on local fire department shall not be allowed in lieu of the Contractor preparing and utilizing its own site-specific fall protection and rescue plan. 17. Training a. Contractors are required to provide training for any employee who might be exposed to a fall hazard prior to the exposure or upon hiring. Documentation shall be maintained and available for review upon request. b. Training must include an explanation of the company’s fall protection policies and safe work practices with general instructions and precautions; specific instruction where required; hazard identification and correction; selection and proper use of protective devices; and maintenance of equipment. Instruction will also include correct procedures for donning and doffing fall harnesses, inspecting, erecting, disassembling, and maintaining fall protection systems used, and the employee’s role in fall prevention and protection. c. Retraining. When the Contractor or OC SAN has reason to believe that any affected employee who has already been trained does not have the understanding and skill required, the Contractor shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where: 1) Changes in the workplace render previous training obsolete; or 2) Changes in the types of fall protection systems or equipment to be used render previous training obsolete; or 3) Inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill. 18. Inspection, Maintenance and Storage a. Fall protection equipment shall be inspected by the authorized person before each use to verify that it has not sustained any wear or damage that would require removal from service. These inspections are visual only, and not required to be documented. b. Fall protection equipment (including rescue equipment) shall be inspected twice annually by a competent person to verify the equipment is safe for use. The inspections shall be documented and copies to be submitted using OC SAN’s PCMS. c. Horizontal and vertical lifelines shall be inspected prior to each use, and at least annually for any signs of degradation. Damaged or worn parts must be replaced. Check torque on any bolts against specification. d. Inspections shall look for illegible or missing tags, elements affecting fit or function, defects or damage to hardware including cracks, sharp edges, corrosion, chemicals, elongation, alteration, heat, or excessive wear. Records of inspections shall be maintained throughout the service life of the equipment and be submitted using OC SAN’s PCMS. Contractor Safety Standards 59 November 5, 2024 (Revision 11) Orange County Sanitation District e. If inspections reveal damage or determined to be inadequate for service shall be tagged so equipment will not be returned to service. The competent person shall destroy the equipment. f. The competent person shall verify that the equipment is maintained according to the manufacturer’s instructions. g. Equipment shall be stored in a manner that protects it from exposure to any conditions that could result in damage. h. Anchorage systems shall be inspected by the authorized person prior to each use and by a qualified person or competent person at least annually or in accordance with the manufacturer’s instructions. Inspections by qualified or competent persons shall be documented. i. Damaged anchorages shall be repaired or replaced and recertified by a qualified person. j. Anchorage inspections shall look for cracks, deformation or bending in the structure around the anchorage or if the connection is unstable or loose. 1) Equipment involved in a fall arrest incident must be taken out of service immediately and handled according to the manufacturer’s instructions. Out of service equipment shall not remain on the job site. 2) Retractable lifelines/lanyards must be sent back to the manufacturer for repair and re-certification. k. The service life of harnesses and lanyards is determined by the manufacturer and shall be discarded upon expiration. This information is found on a tag located on the device itself. l. Fall protection equipment must be used in accordance with manufacturer instructions, including weight and size limitations, and must not be altered in any way without written manufacturer authorization. 5.31. FIRE PROTECTION AND PREVENTION A. Contractors shall be especially careful to avoid fire hazards in all welding, cutting, and equipment fueling. Contractors shall attain an OC SAN-issued hot work permit before any hotwork begins. B. Many areas of the treatment plant, pump stations and collection system are electrically classified as Class 1, Division 1 or Class 1, Division 2 environments. Contractors shall ensure that equipment used in these locations is approved for use by a Nationally Recognized Testing Laboratory (NRTL) for use in these locations. C. Many areas of the treatment plant and pump stations have flammable gas warning systems. Contractors shall stop Work and evacuate the area if an alarm is activated. D. Contractors shall stop Work and evacuate the area if a fire alarm is activated, or a public-address announcement indicates a fire is possible or another emergency exists. E. Sprinkler systems shall always be maintained in an operable condition by the Contractor while the building is occupied. F. Contractors shall furnish all safety devices, fire extinguishers, fire blankets, and fire watch personnel required to protect the Work and provide for worksite and public safety. Contractor Safety Standards 60 November 5, 2024 (Revision 11) Orange County Sanitation District G. The CONTRACTOR must develop a fire protection program to be followed throughout all phases of construction. The fire protection program shall be included in the SSSP. H. The program shall include the most stringent of Cal/OSHA, local Fire Marshal, and/or local Fire Code requirements and comply with the following OC SAN fire prevention procedures and controls: 1. Housekeeping is essential to fire prevention and to a well-run operation. The following general housekeeping rules will be followed: a. Prevention of accumulation of loose debris, waste, and trash. b. Control of combustible waste and refuse in covered metal cans with at least shift-end removal from the building. c. Storage racks and stacks of materials on pallets are in a neat and orderly manner and in their designated stock locations. d. Immediate clean-up of stock or chemical spills. e. Aisles and exit ways clear and free of obstructions. f. Prohibition of any storage in exit ways, stairwells, and inside or outside fire exits doors. g. Clear 36-inch access to all fire protection and emergency equipment and electrical panels. 2. Smoking is a recognized hazard and should be prohibited or prevented wherever possible. a. The State of California prohibits smoking within 20 feet of the entrance to a building. b. Smoking will be restricted to designated areas. c. Such areas will be provided with appropriate non-combustible ashtrays and will be emptied daily into metal trash containers not containing combustible waste. d. It is important to inform all visitors, truck drivers, etc. of OC SAN’s smoking restrictions and insist on their compliance. 3. Electrical Maintenance a. Only qualified and trained personnel will be permitted to repair or work on electrical installations and equipment. b. Any defective wiring or electrical equipment should be reported immediately to the ENGINEER. Such equipment will be immediately taken out of use, tagged as defective, and a work order issued for its repair or evaluation. c. Strict attention should be paid to cleanliness. Combustible materials should be prohibited from accumulating in substations, electrical rooms, control rooms, cable trays, around motors and other electrical installations. d. Extension cords will be permitted only for emergency or truly temporary situations (less than 90 days) and shall be properly sized for the equipment to be operated. Care should be taken to assure such temporary wiring is visible and protected from fraying or pinching. e. All electrical installations will meet appropriate electrical codes and listings. Contractor Safety Standards 61 November 5, 2024 (Revision 11) Orange County Sanitation District f. Access clearances will be maintained to all electrical panel boxes and switchgear. 4. Flammable Liquids a. Flammable liquid containers shall be stored in NFPA compliant flammable cabinets, storage rooms, or outbuildings. b. Only manufacturer's original containers or FM or UL approved flammable liquid containers shall be used. c. Proper handling and dispensing procedures shall include grounding, quantity limits, pressure relief, and required personal protective equipment needed for use. d. Spills shall be controlled and reported. e. Potential ignition sources such as faulty electrical equipment, open lights and flames shall be controlled and reported. 5. Flammable Gasses a. All storage and handling procedures for specific flammable gases and operations will be strictly observed. b. Flammable gases will be stored separately from oxygen or other oxidizers. Only exception will be one oxygen cylinder in use on an acetylene welding cart. c. Unless the cylinder valve is protected by a recess in the head, keep the metal cap in place to protect the valve when the cylinder is not connected for use. d. Do not use a cylinder of compressed gas without a pressure reducing regulator attached to the cylinder valve, except where cylinders are attached to a manifold, in which case the regulator will be attached to the manifold header. 6. Follow proper welding and cutting procedures as listed in this document. 7. Firefighting equipment must be conspicuously located or conspicuously marked. 8. A fire extinguisher, rated not less than 2A, shall be provided for each 3,000 square feet of floor and fraction thereof. Where the floor is less than 3,000 square feet, at least one fire extinguisher is required. 9. The clear and unobstructed travel distance from any point of the protected area to the nearest fire extinguisher shall not exceed 75 feet. 10. In multi-story buildings, at least one fire extinguisher shall be provided on each floor and located adjacent to the stairway. 11. A fire extinguisher, rated not less than 10B, shall be provided within 50 feet of wherever more than 5 gallons of flammable or combustible liquids are stored. 12. Portable fire extinguishers shall be fully charged, inspected monthly, and serviced annually. 13. Storage of more than 25 gallons of flammable liquids shall be in a NFPA approved storage cabinet. Not more than 120 gallons of Class I, II, or IIIA liquids may be stored in a storage cabinet. Contractor Safety Standards 62 November 5, 2024 (Revision 11) Orange County Sanitation District 14. A fire extinguisher, rated not less than 20-B, shall be located outside of, but not more than 10 feet from the door opening of storage rooms. 15. A portable fire extinguisher rated at least 10B: C shall be kept near operations where fuel gas cylinders/bottles are being used. 16. Portable fire extinguisher shall be readily available for use where temporary heating devices are used. 17. “No Smoking” signs shall be posted as required by operations or material exposures. 18. OC SAN reserves the right to designate no smoking areas on the Project. 19. Fire extinguisher must be at least a 20-pound ABC and provided within 5 feet of any hot work activity. 5.32. FIRST AID A. Contractors shall ensure the availability of at least one or more employees to render first aid and CPR. The individual shall have received training in CPR and first aid and be available at the job site always. B. Field Supervisors and Safety Representatives must be trained in First Aid and CPR and identified on the Project. Evidence of training shall be available for review upon request. C. Contractors shall provide at least one appropriately sized and stocked first-aid kit in a weatherproof container. The first aid shall be inspected regularly to ensure that the expended items are promptly replaced. The first aid kid shall be readily accessible to the job site. The CONTRACTOR shall prepare a map indicating its location. D. Eye wash capabilities shall be provided by the CONTRACTOR as required by the Safety Data Sheet (SDS) for products used at the job site. E. The CONTRACTOR and Subcontractors shall submit (through the CONTRACTOR) to the ENGINEER a list of First Aid / CPR trained personnel prior to starting Work. Each list shall be clearly dated and updated as required throughout the Contract Duration. Each time the list is updated, a copy shall be provided to the ENGINEER using OC SAN’s PCMS. 5.33. FLAMMABLE AND COMBUSTIBLE MATERIALS A. Contractors are required to supply extinguishers, fire blankets, and other sufficient fire protection devices for the immediate work area where flammable and combustible material is stored or used. All fire extinguishers must be rated at a minimum of 2A, 20BC. B. Fire extinguishers shall be checked to verify that they are fully charged. C. All flammable liquids supplied by Contractors must be stored in NFPA compliant safety containers. D. All containers must be properly labeled and stored when not in use. E. Only FM or UL compliant metal safety cans will be allowed for flammable storage. F. Contractors shall identify non-compatible materials in advance and provide for separate storage as required. G. Storage of more than 25 gallons of flammable liquids or 60 gallons of combustible liquids shall be within cabinets constructed to the requirements of NFPA 30. Contractor Safety Standards 63 November 5, 2024 (Revision 11) Orange County Sanitation District H. All outside flammable and combustible storage areas must be at least 20 feet from any building. I. For roof Work: 1. No more than a one-day supply of flammables may be placed on the roof during working hours. 2. All flammables must be removed from the roof at the end of each workday by the Contractors. 3. At least two extinguishers appropriate for the type and quality of flammable materials present must be provided if flammables are present. J. All flammable and combustible materials supplied by the Contractors must be kept away from sparks, heat, or ignition sources. 5.34. FORKLIFT (INDUSTRIAL TRUCKS AND TRACTORS) A. Only drivers authorized by the CONTRACTOR and trained in the safe operations of industrial trucks shall be permitted to operate forklifts. B. Operator training and posting of information regarding forklift operations shall be in accordance with applicable Cal/OSHA Standards. C. The CONTRACTOR shall certify that each operator has been trained and evaluated as competent for each type of equipment used. D. All forklifts and industrial trucks and tractors shall be equipped with an audible back-up alarm which can be normally clearly heard from 200 feet. In congested areas or areas with high ambient noise which obscures the audible alarm, a signal person in clear view of the operator shall direct the backing operation. E. The rated capacity of all industrial trucks and industrial tractors and the manufacturers manual shall be displayed on the vehicle in such a manner that it is readily visible to the operator. F. Every industrial truck and tractor shall be equipped with operable brakes, a parking brake, and a horn. G. Seat belts shall be provided on industrial trucks and tractors where rollover protection is installed. Employees shall be instructed in their use. H. No riders shall be permitted on vehicles unless the vehicles are equipped with adequate riding facilities and specifically designed for riders. I. Employees shall not ride on or be elevated on the forks of lift trucks. J. Industrial trucks may be used to elevate employees in accordance with applicable Cal/OSHA Standards and manufacturer’s recommendations using appropriate personnel platforms. K. Employees shall not be allowed to stand, pass, or work under the elevated portion of an industrial truck, loaded or empty. L. Drivers shall inspect the forklift at least once per shift. Attention shall be given to tires, horn, lights, battery, controller, brakes, steering mechanism, cooling system, and the lift system (forks, cable, and limit switches). The inspection shall be documented and maintained on the forklift. M. Vehicles shall not exceed the authorized or safe speed, always maintaining a safe distance from other vehicles, and keeping the truck under positive control. Contractor Safety Standards 64 November 5, 2024 (Revision 11) Orange County Sanitation District N. The driver shall slow down and sound the horn at cross aisles and other locations where vision is obstructed. O. Grades shall be ascended or descended slowly. P. Turns shall be restricted to flat even surfaces to prevent tip over. Q. The forks shall always be carried as low as possible, consistent with safe operation. When traveling forward with an obstructed view due to the load, the operator must travel in reverse or utilize a flagger. R. When leaving a vehicle unattended, the power shall be shut off, brakes set, the mast brought to the vertical position, and forks left in the down position. S. Forklifts (Industrial Trucks and Tractors) shall not be loaded more than their rated capacity. T. Any vehicle attachments must be manufacturer approved or stamped by a California licensed Professional Engineer. 5.35. HAZARD COMMUNICATION A. The CONTRACTOR shall maintain a copy of all SDS, and a chemical inventory list, for all hazardous substances used at the jobsite by their firm, as well as for all hazardous substances used at the jobsite by all Subcontractors regardless of tier. 1. The location of the Project’s Safety Data Sheets and chemical inventory list shall be communicated to the ENGINEER and Risk Management. 2. All hazardous materials identified by Cal/OSHA as a carcinogen or reproductive hazard is subject to use restriction and/or prohibition from use on OC SAN facilities. In addition, the CONTRACTOR shall provide a written plan of how their own employees and OC SAN employees will be protected from exposure of these materials. A permit shall be issued by OC SAN; notification shall be made, and a permit issued one week before the material is brought on site. B. In accordance with the provisions of the Hazard Communication Standard, Contractors must have a comprehensive written Hazard Communication Program which includes: 1. A list of hazardous substances known to be on site. 2. Methods the Contractor will use to inform employees of the hazards of non- routine tasks. 3. On Multi-Contractor job sites, the program shall include the methods the CONTRACTOR will use to inform its Subcontractors of any precautionary measures to protect their employees. 4. The methods used to provide Contractors with access to Safety Data Sheets. 5. The methods the CONTRACTOR will use to inform the Contractors of the labeling system in use. C. The CONTRACTOR must submit a copy of its Hazard Communication Program to the ENGINEER and Risk Management using OC SAN’s PCMS. D. Contractors must have a job site binder which contains the following items: 1. A comprehensive written Hazard Communication Policy. 2. A chemical inventory listing all hazardous materials brought onto or used on the Project site by the Contractors. Contractor Safety Standards 65 November 5, 2024 (Revision 11) Orange County Sanitation District 3. SDS for all hazardous materials used on the Project site. E. The CONTRACTOR shall ensure that all employees have received training in the safe use of hazardous materials; and those employees are able to read and understand the information on the SDS. The training shall include at least: 1. Methods and observations that may be used to detect the presence or release of a hazardous chemical. 2. The physical and health hazards of the chemicals used in the work area. 3. Measures employees can take to protect themselves from the hazards. 4. Details of the hazard communication program, including the labeling systems and the use of SDS. F. Contractors shall ensure that all containers used on the construction site are properly labeled as to their contents, including gas and diesel containers. G. Contractors shall ensure that all storage silos, tanks, drums, etc. on the construction site are properly labeled as to their contents. H. Contractors shall provide a SDS for any hazardous substance that will be used on the job site to OC SAN prior to its use. I. Pipelines or process areas must be barricaded and/or signed to inform employees of potential dangers during testing. 5.36. HEAVY EQUIPMENT AND MATERIAL HANDLING A. Equipment shall be maintained in good working order. All vital parts such as motors, chassis, blades, blade holders, tracks, drives, hydraulic and pneumatic mechanisms, and transmissions must be inspected each day. B. Whenever visibility conditions warrant additional light, all vehicles, or combinations of vehicles, in use shall be equipped with at least two headlights and two taillights in operable condition. C. All vehicles, or combination of vehicles, shall have brake lights in operable condition. D. All vehicles shall be equipped with an adequate audible warning device (horn) at the operator’s station. E. All vehicles must have a back-up alarm that is normally audible for 200 feet. In congested areas or areas with high ambient noise which obscures the audible alarm, a signal person in clear view of the operator shall direct the backing operation. F. Where equipped, windshields on heavy equipment shall be maintained in good condition free of dirt/debris that would hinder visibility. G. Vehicles operating in areas or conditions that causes fogging or frosting of windshields shall be equipped with operable defogging or defrosting devices. H. Cracked or broken windshields shall be promptly replaced. I. Windshields and mirrors shall be kept clean such that vision is not compromised or obstructed. J. Seat belts with approved proper anchorage points shall be installed in all haulage, earth moving, and material handling heavy equipment. K. Contractors shall ensure employee use of seat belts on motor vehicles. Contractor Safety Standards 66 November 5, 2024 (Revision 11) Orange County Sanitation District L. Trucks with dump bodies shall be equipped with positive means of support, permanently attached, to prevent accidental lowering of the body while maintenance or inspection work is being done. M. Operating levers controlling hoisting or dumping devices on haulage bodies shall be equipped with a latch or other device that will prevent accidental starting or tripping of the mechanism. N. Trip handles for tailgates of dump trucks shall be so arranged that, in dumping, the Operator will be in the clear. O. All rubber-tired motor vehicle equipment shall be equipped with fenders. P. All vehicles in use shall be checked at the beginning of each shift for defects in: 1. Service brakes, trailer brake connections, parking brake system, and emergency stopping system (brakes). 2. Tires, horn, steering mechanism, seat belts, operating controls, and safety devices. 3. Lights, reflectors, windshield wipers, defrosters, and fire extinguishers. Q. Before starting a job, the operator shall be given instructions regarding the Work to be done. R. Before starting the motor, the operator shall check to make sure that all operating controls are in the neutral position. S. Before starting the equipment, or moving the equipment after re-entering the cab, the operator shall walk entirely around the equipment to make sure no other personnel, equipment or material will be struck. T. Contractors shall ensure that operators of heavy equipment wear appropriate hearing protection devices. U. At no time shall a piece of equipment be left unattended while the motor is running, especially if the machine is on an inclined surface or on loose material. V. Wheels must be blocked or chocked when parking on inclines. W. Machines shall be operated at speeds and in a manner consistent with conditions on the Project. X. No employee other than the operator shall ride on equipment. Y. During refueling operations, equipment motors shall be turned off. Smoking and nearby hot work are prohibited during refueling. Z. If possible, equipment shall be driven entirely off the roadway at night. AA.Unattended equipment must be left in a secure area not accessible to members of the public or unauthorized third parties. BB.Keys shall be removed from unattended equipment. CC. Spotters and/or Flaggers must be used when equipment Operator’s view is obstructed whether moving forward or backward. DD. Equipment maintenance must be performed within a containment area where spilled fluids will not contaminate the ground and can be readily cleaned up. Contractor Safety Standards 67 November 5, 2024 (Revision 11) Orange County Sanitation District 5.37. HORIZONTAL BORING / PIPE JACKING A. Prior to boring/jacking operations, the CONTRACTOR must contact the regional One Call Notification System (811) to ensure all owners of underground facilities are notified to mark their utility locations. B. The Contractor shall locate all buried utilities before commencing boring/jacking operations. C. The Contractor shall open a guide hole (bore slot) over any existing utility that is in line with the bore shot. D. The Contractor shall excavate bore slots, bell holes and guide holes, as necessary. E. If resistance is encountered during the boring/jacking operation, cease the boring operation immediately and excavate at the point of resistance to determine necessary action. F. The operator must be trained in the use of the boring/jacking machine. G. At least two crewmembers must operate the bore motor always. H. Stay clear of rotating bore pipe and the rotating head of boring machine. Loose clothing, long hair, or gloves can cause injury if caught in rotating bore pipe. I. Only one crewmember shall transmit signals to the operator. J. Do not hold rotating bore pipe with hands or feet. K. Operate the boring machine only at slow RPM when used to connect or disconnect bore pipe. 5.38. HOUSEKEEPING A. Contractors shall perform daily housekeeping in Contractor work areas and laydown areas. B. All construction materials must be stored in an orderly manner and barricade taped off. C. All exits and access ways must be kept unobstructed. D. Puncture hazards (nails, staples, fasteners, etc.) created by stripped formwork, scrap lumber, pallets, shipping materials, etc. shall be eliminated or controlled by Contractors. E. Metal containers with covers must be provided for disposal of oily and paint- soaked rags. F. Maintain all exits. G. Emergency exits must be available. H. Panic hardware, where present, must remain unobstructed. I. Walkways and sidewalks must be kept free of construction materials, debris, dirt, tools, and extension cords. J. Where steel plates are used to bridge excavations or other similar type construction activities in roadways, walkways or sidewalks, the leading edges of the steel plates must be recessed or tapered with temporary asphalt or other suitable materials to prevent trip hazards and obtain the acceptance of the ENGINEER. K. Contractors shall maintain their Work site and laydown areas free of weeds, trash, and debris. Contractor Safety Standards 68 November 5, 2024 (Revision 11) Orange County Sanitation District 5.39. PORTABLE HEATERS A. All heaters must be Factory Mutual and/or Underwriters Laboratory approved. B. Contractors must notify the INSPECTOR to review and accept all liquid/gas fueled heaters brought onto the site prior to use. C. The use of liquid/gas fueled heaters inside of buildings requires OC SAN acceptance. D. Tent Heater use requirements are as follows: 1. Use only in tents made of fire-resistant material. 2. Avoid contact with heating elements or other hot parts. 3. Keep flammable materials and clothing away from hot equipment. 4. Never use heaters in a utility vault or in a tent that covers a utility hole. 5. Ensure adequate ventilation is provided when using a tent. 6. Secure a fire extinguisher within the tent in an accessible location. E. All portable heaters shall be protected from moisture. 5.40. LADDERS A. General 1. Type II (225lb. limit) and Type III (200lb. limit) ladders are prohibited. 2. Ladders must be at least Type I (250lb. limit), Type IA (300lb. limit) or Type IAA (375lb. limit) as appropriate to the weight of the user. 3. Contractors shall provide a training program for each employee using ladders and stairways, as necessary. The program shall enable each employee to recognize hazards related to ladders and stairways and shall train each employee in the procedures to be followed to minimize these hazards. 4. Contractors shall conduct portable ladder inspections in accordance with California Code of Regulations section 3276. Ladders shall be inspected by a qualified person for visible defects frequently and after any occurrence that could affect their safe use. Cal/OSHA defines frequently as greater than 12 times per year. Ladder inspections shall be documented by a label on the ladder, an inspection log, or equally effective method. Inspection logs are to be made available to Risk Management upon request. 5. Tools, equipment, and other materials shall never be carried when ascending or descending a ladder, but rather hoisted using a rope and bucket system or provided by mechanical means (hoist, forklift, etc.). 6. Ladders shall always be faced when ascending or descending. 7. All ladders shall be maintained in a safe condition. All ladders shall be inspected prior to use. Any ladders identified with unsafe conditions shall be tagged out of service until repairs can be made. 8. Ladders shall be maintained free of oil, grease, or slippery materials. 9. Ladders shall not be painted, sanded, or otherwise altered. 10. Retraining shall be provided for each employee as necessary so that the employee maintains the understanding and knowledge acquired through compliance with this section. Contractor Safety Standards 69 November 5, 2024 (Revision 11) Orange County Sanitation District 11. Employees must maintain a 3-point contact while climbing ladders. 12. Job-Made ladders shall be constructed in accordance with Cal/OSHA provisions. 13. All types of ladders must be inspected at least daily for: a. Cracks, splits, splinters, and decay. b. Protruding nails and loose rivets. c. Loose, bent, or broken braces, tie rods, guide irons, locks, pulleys, and strand hooks. d. Broken, worn or defective spurs and pads. B. Extension Ladders 1. Portable ladder feet shall be placed on a substantial base. 2. Straight and extension ladders must be tied off or secured to prevent displacement. 3. Metal ladders must not be used near energized equipment. 4. No more than one employee is allowed on a ladder. 5. Ladders are not to be used for skids, braces, workbenches, or any other purpose other than climbing. 6. Ladders shall be used at such a pitch that the horizontal distance from the top support to the foot of the ladder is about one-quarter of the working length of the ladder. 7. Extension ladders shall be selected to meet the requirements of the person, task, and environment. Consideration shall be given to the length or height required, working load, duty rating, worker position to the task and frequency in which the ladder will be used. 8. The ladder shall be positioned so that the distance from the vertical wall is equal to one-fourth the working length of the ladder or a 4:1 slope. The ladder shall be placed on a firm level surface. 9. The ladder shall be placed to prevent slipping, or shall be tied, blocked, held, or secured to prevent slipping. If the ladder cannot be secured, the ladder may be held by a coworker. 10. Ladders shall not be used in the horizontal position as a platform, runway, or scaffold unless designed for such use. 11. The ladder shall extend no less than 36 inches above the landing surface to which the ladder is used to gain access. 12. Ladders shall have nonconductive side rails if they are used where the employee or the ladder could contact exposed energized electrical equipment. 13. Employees shall climb or work from the ladder with the body positioned near the middle of the step or rung. Overextending or reaching where the belt buckle extends beyond the side rails is not permitted, except where the user is protected by a personal fall arrest system. 14. Ladders used in aisle ways or placed in doorways shall be protected from incidental contact. Doorways shall be secured in an open position, locked, attended, or barricaded. Contractor Safety Standards 70 November 5, 2024 (Revision 11) Orange County Sanitation District 15. Additional height should not be gained by the addition of any type of extension, or an object being placed on the unit. Ladders shall not be tied or fastened together to provide longer sections, except where designed for such purpose. C. Step Ladders 1. Stepladders must be fully open, and the spreader set in the open and locked position. 2. Step ladders shall be selected to meet the requirements of the person, task on d environment. Consideration shall be given to the length or height required, working load, duty rating, worker position to the task and frequency in which the ladder will be used. 3. Step ladders shall be restricted to the purpose for which was the ladder was designed. For example, a step ladder should not be used as a straight ladder. 4. The top three steps of the ladder shall not be stood on or worked from. No personnel may stand or climb on the back side (non-working side) of a ladder, except where the ladder was designed for such purpose. 5. Step ladders shall only be used by one person, except where designed for use by more than one person. 6. Ladders shall be placed on a secure and level footing. When necessary, ladder levelers shall be used to achieve equal rail support on uneven surfaces. Ladders shall never be placed on boxes, barrels, or other unstable surfaces. 7. Ladders are not to be moved or shifted while occupied. 8. Ladders shall have nonconductive side rails if they are used where the employee or the ladder could contact exposed energized electrical equipment. 9. Ladders used in doorways, aisle ways or roadways shall be protected from incidental contact. 10. Employees shall climb or work from the ladder with the body positioned near the middle of the step or rung. Overextending or reaching where the belt buckle extends beyond the side rails is not permitted, except where the user is protected by a personal fall arrest system. 11. Do not lean a stepladder against a wall in the unopened position. 12. Always ascend and descend facing the ladder. 13. Do not exceed the designated weight capacity. 5.41. LEAD-BASED PAINT A. The CONTRACTOR shall identify any Lead-Based Paint (LBP) or products within the Work PRIOR to any construction, remodeling, or demolition activities. B. The CONTRACTOR shall identify any sheet lead, such as in laboratories or x-ray facilities prior to commencing demolition or construction activities. C. The CONTRACTOR shall arrange for disposal of the hazardous waste stream (e.g., paint chips), through OC SAN. D. All employees and supervisors who perform lead abatement Work shall have a current training certificate by a California Department of Public Health approved trainer. E. The Contractor stabilizing loose and flaky LBP shall utilize industry standard lead safe work practices and controls. Contractor Safety Standards 71 November 5, 2024 (Revision 11) Orange County Sanitation District 5.42. CORROSIVE MATERIALS A. Contractors shall not store, handle, apply or use acids or caustics until a proper procedure has been developed. B. Never add water to acid - if dilution is needed, add acid to water. C. Emergency eyewash and/or shower facilities must be immediately available to any person working with acids and caustics. D. Proper personal protection must include a face shield, goggles, apron, chemical resistant gloves, and sleeve lets as well as any other equipment deemed necessary by the SDS or manufacturer’s usage instructions. Gloves shall be equipped with rolled cuffs. 5.43. CONTROL OF HAZARDOUS ENERGY A. General 1. Contractors must have a written LOTO program that meets or exceeds Cal/OSHA regulations, including requirements of this section. 2. OC SAN will administer LOTO, including the development of energy control procedures, for OC SAN owned or operated equipment or facilities. a. Contractors are responsible for verification and shall apply personal locks and tags to OC SAN Group Lockbox. b. OC SAN shall not release energized equipment to the Contractors, with exception to the following: 1) Equipment that is cord and plug may be unplugged by a Contractor if it is the only source of hazardous energy and maintained under exclusive control by the Contractor. 2) Equipment that will be tested by a Contractor as part of the routine servicing of the equipment may be energized provided that the Contractor’s authorized employee is made aware that the equipment is energized. Contractors shall implement necessary engineering and administrative controls to render the equipment safe. c. OC SAN will isolate equipment using OC SAN provided lockout devices. Contractors are not required to provide lockout devices. Contractors’ employees will apply personal locks and tags to the Group Lockbox. d. OC SAN PAE (Primary Authorized Employee) must be the first to lock on and the last to lock off the Group Lockbox. 3. Contractors are responsible for LOTO on the Contractor rented or owned equipment. Contractors shall develop written energy control procedures for the Contractor rented or owned equipment. Contractors are responsible for provision and retention of such procedures. LOTO on such equipment shall be performed in accordance with Cal/OSHA regulations. Contractors must submit written energy control procedures to the ENGINEER for lockout of the Contractor rented or owned equipment that may affect OC SAN employees or facilities. The Contractor shall provide records of the energy control procedures to OC SAN PAE. 4. The Contractor’s personnel performing or directly supervising construction- related activities that contain or store hazardous energy must be trained as a LOTO Authorized Employee. Contractors are responsible for this training. Contractor Safety Standards 72 November 5, 2024 (Revision 11) Orange County Sanitation District 5. The CONTRACTOR shall coordinate shutdown requests with the designated INSPECTOR, who in turn will coordinate with OC SAN PAE. LOTO on OC SAN owned or operated equipment or facilities will be performed under the direction of an OC SAN PAE utilizing Group LOTO. 6. The CONTRACTOR shall verify isolation of hazardous energy with OC SAN PAE and the INSPECTOR. The CONTRACTOR is responsible for communicating the LOTO to its employees and Contractors, including verification. 7. Contractors shall supply unique and personally identifiable keyed locks for lockout to each Authorized Employee. Locks issued to an Authorized Employee can only contain one key, which remains in the possession of the Authorized Employee in which the locks were issued. This personal key cannot be left in the lock for convenience. 8. Contractors shall apply lockout device(s) only under the direction of an OC SAN PAE when OC SAN is operating energy isolating devices. 9. Contractor’s personnel shall not manipulate energy isolation devices or lockout devices on machinery, equipment, or facilities. 10. It is the responsibility of the Contractor’s employee to verify that all hazardous energy has been isolated and released prior to the start of the Work. 11. Contractor’s employees shall remove all personal locks and tags once they have completed the Work. B. Energy Control Procedures 1. Equipment to be de-energized and released to a Contractor for repair, servicing, maintenance, or construction shall have a written energy control procedure that includes the steps to follow to ensure that equipment will be de- energized and to verify that hazardous energy has been released. The procedure shall be developed by OC SAN. A hard copy of the energy control procedure shall be provided in the field. 2. Moveable parts shall be mechanically blocked or locked out prior to cleaning, servicing, or adjusting operations. Residual energy may exist in the system. Contractors shall always assume that hazardous energy remains in the system when line breaking and working on electrical systems. Contractors are responsible for their own verification. 3. Equipment that has lockable controls or that is readily adaptable to lockable controls shall be locked out or positively sealed in the off position. 4. Isolating and de-energizing of equipment may begin prior to Contractor’s arrival on site. The CONTRACTOR PAE in the presence of an OC SAN PAE and the INSPECTOR shall verify that all hazardous energy has been de-energized and controlled before the Contractor commence the Work. It will be the responsibility of the CONTRACTOR PAE to inform each Contractor’s employee working on the equipment regarding the LOTO procedures implemented and verification steps used to control all identified hazardous energy before commencing the Work. The CONTRACTOR PAE shall ensure that each employee who could be injured by the inadvertent re-energization of the equipment place their individual employee lock on the group lock out box. Contractor Safety Standards 73 November 5, 2024 (Revision 11) Orange County Sanitation District C. Electrical LOTO 1. LOTO points of disconnect shall be established between the Contractor, the INSPECTOR and OC SAN staff. The point of disconnect shall be modified as the Work progresses through the Project and equipment is turned over to OC SAN through Beneficial Occupancy. 2. The opening and closing of all existing OC SAN circuits shall be performed by OC SAN staff. 3. OC SAN staff will open and close all OC SAN and the Contractor’s medium- voltage circuits, including the Contractor 12kV switchgear breakers and 12kV load interrupter switches. All medium-voltage circuits shall be jointly locked out and tagged out by OC SAN and the Contractor. 4. The Contractor shall open and close their 480V switchgear breakers and perform LOTO prior the Beneficial Occupancy of any load on the 480V switchgear. Once a 480V load on the Contractor’s 480V switchgear achieves Beneficial Occupancy, OC SAN will control the opening and closing of all 480V switchgear breakers with lock out and tag out jointly performed by OC SAN and the Contractor. 5. The Contractor shall open and close the 480V motor control center main, feeder breakers and motor starters and perform LOTO prior to the 6. Beneficial Occupancy of any load on the motor control center. Once a load on the motor control center achieves Beneficial Occupancy, OC SAN will control the opening and closing of the motor control center main breaker and the feeder breakers and motor starters associated with the loads being beneficially occupied. 7. The Contractor shall open and close 480V, 120/208Y, and 120/240 panelboard circuits breakers and perform LOTO prior to Beneficial Occupancy of a load. Once a load on the panelboard achieves Beneficial Occupancy, OC SAN will control the opening and closing of the panelboard main breaker and the feeder breakers associated with the loads being beneficially occupied. D. Duties of the Contractor’s personnel 1. Do not manipulate isolation devices on process equipment. 2. Apply locks and tags only under the direction of an OC SAN PAE. 3. Apply lock to isolation devices that are lockable. 4. Once the authorized person completes or leaves the work task indefinitely or for the day, they must remove their personal locks and tags. Authorized persons joining the Work task, must place their locks and tags on the isolation devices prior to any potential exposure to hazardous energy. 5. Each Authorized Employee working on the equipment shall review the energy control procedure, verify release of residual and stored energy, verify isolation, and verify that the equipment cannot be inadvertently re-energized. 6. Each employee working on the equipment shall be responsible for attaching their personal locks without exception. No employee shall perform Work under another Authorized Employee’s lockout or tagout devices. Employees shall maintain possession of their own key. 7. Authorized employees who arrive later to the work site shall not work on the isolated equipment until they have reviewed the control procedure, conducted a Contractor Safety Standards 74 November 5, 2024 (Revision 11) Orange County Sanitation District visual and physical verification of all isolation points, and attached their personal lock and tag on the group lockbox. E. Shift/Personnel Change 1. Transfer of control will occur between authorized personnel only. The PAE shall be responsible for transferring LOTO authority to the next shifts PAE. 2. The PAE shall not remove their personal lock(s) from any of the lockout devices or group lockbox until the arriving PAE has applied their personal lock and tags. 3. During transfer of LOTO authority between arriving and outgoing PAEs, the following must be performed: a. Ensure that all Authorized Employees who are leaving the work site have removed their personal locks. b. All oncoming shift Authorized Employees shall review the control procedure and verify that all the isolated machinery, equipment, or systems are in the proper positions and secured by group locks and c. tags. Each time an Authorized Employee attaches their personal lock, they must physically and visually verify that the equipment is still isolated, per the energy control procedure. d. Once the verification is completed, all oncoming shift Authorized Employees shall attach their personal lock and tag to the group lock box, and then they may resume the Work. e. All Affected Employees in the job site area shall be notified that the Work is in progress. f. The control procedure shall remain attached to the Group Lockbox to allow the oncoming Authorized Employees an opportunity to review and verify the LOTO conducted. F. Lockout and Tagout Device Removal 1. Lockout and tagout devices shall only be removed by the Contractor Authorized Employee that applied the lockout and tagout device. Each employee must apply their own lock and maintain possession of their own key. 2. The Contractor shall not re-energize any equipment unless in the presence of OC SAN Authorized Employee. 3. The Contractor must follow Cal/OSHA requirements for cutting off locks of any OC SAN employee or the Contractor employee whose lock or tag remains on equipment that needs to be demolished or energized. a. If an OC SAN lock and tag remain on equipment, the Contractor shall notify OC SAN for the lock and/or tag to be removed. The Contractor shall never remove equipment that contains OC SAN locks or tags. OC SAN will coordinate with the Contractor to account for the whereabouts of its employees and remove OC SAN locks and tags. b. The Contractor shall account for the whereabouts of its own employees. 4. The INSPECTOR is responsible for notifying OC SAN PAE when the Contractor Work is complete, and all the Contractor locks and tags have been removed. Contractor Safety Standards 75 November 5, 2024 (Revision 11) Orange County Sanitation District G. Locks 1. Contractors shall supply unique and personally identifiable keyed locks to each Authorized Employee. 2. Locks issued to an Authorized Employee may only contain one key, which remains in possession of the Authorized Employee in which the locks were issued. Note: OC SAN will not provide locks for Contractor’s use. 3. Locks shall only be used for energy isolation of machinery, equipment, and/or facilities and not to be used for another purpose. H. Tags 1. Tags shall be of sufficient material that is capable of enduring adverse conditions (weather, wet locations, corrosive materials, etc.) that will not cause the tag to deteriorate or message on tag to become illegible. 2. Tags must offer clean instructions such as: “Do Not Start”, “Do Not Open”, “Do Not Close”, “Do Not Energize” or “Do Not Operate”. Tags must include standard language of “Danger”. The tags must be black, red, and white. 3. OC SAN will not provide tags for Contractor’s use. 4. Tags shall contain at a minimum the following legible information: a. Name of person placing tag b. Phone number of persons placing tag c. Date of installation d. Reason for application 5. Tags installed as a tagout device shall be installed to prevent inadvertent or accidental removal. The securing means shall be of sufficient strength to prevent removal without destroying the securing means (such as a zip or cable tie) or require the use of a tool to remove it. 6. Tags installed on a lock shall be affixed to the lock through the manufactured eyelet. I. OC SAN Oversight 1. OC SAN shall designate staff to ensure that Contractors follow these Contractor Safety Standards. 2. OC SAN personnel shall be the first persons to place a lock and tag before Contractor starts the Work and the last to remove the lock and tag when the Contractor complete the Work. 3. Group lockboxes shall be implemented by the designated OC SAN PAE when the total staff affected is greater than three. 4. Under no circumstance shall Contractors’ employees locks and tags be on equipment without being accompanied by either an OC SAN lock unless it is a newly constructed piece of equipment still under the CONTRACTOR’s control. 5.44. MOTOR VEHICLES A. All employees driving job site motor vehicles shall have a valid driver’s license for the state in which the employee resides and for the class of vehicle driven. Vehicles need to be registered with the Department of Motor Vehicles. Contractor Safety Standards 76 November 5, 2024 (Revision 11) Orange County Sanitation District B. Drivers of vehicles over 26,000 pounds gross vehicle weight (GVW) are required by Federal and State Departments of Transportation regulations to possess a Commercial Driver’s License (CDL). C. Drivers on the Project site shall obey all street and highway speed and traffic laws. D. Posted speed for the plants is 15 mph but shall not drive any faster than is safe. E. Drivers are to limit their speed to 10 mph in construction zones. F. Drivers shall check the mechanical condition of their vehicles at least daily. G. Drivers are required to observe the “right of way” rule. Yield to other drivers whose driving actions demand the right-of-way or have obscured visibility. H. Drive defensively. Anticipate what the other driver may do. Leave yourself an out. I. Drivers shall keep a distance of AT LEAST one vehicle length for each 10 miles of speed between their vehicle and the vehicle in front of them. J. Employees driving and riding in the Contractors’ vehicles must wear seat belts. K. Block or chock vehicle wheels when parking on inclines. L. All passengers in motor vehicles must be seated and within the confines of the vehicle. M. All vehicles must be shut off when unoccupied. N. Pedestrians and cyclists have the right of way. O. Parking shall be in specified areas only. Do not block entrances and do not park in reserved spaces or in fire lanes marked by a red curb. P. Contractors are responsible for the stability of any material being hauled. Q. Employees are not allowed to ride in the open bed of a pickup truck. R. Unauthorized passengers shall not be transported in any vehicle or on any equipment at any time. 5.45. OVERHEAD UTILITIES A. The CONTRACTOR shall identify all overhead utilities prior to the start of any Work. B. The CONTRACTOR shall identify the voltage carried by each power line and identify the minimum required clearances prior to commencing Work near the line. 1. Identifications of all lines and minimum clearances shall be documented on a site plan that is made available to all employees and Contractors. 2. This site plan shall include identification of all lines that are within 42 feet of the perimeter of the site. 3. Temporary utilities shall be added to the site plan as required by the CONTRACTOR. C. Proper distances must be maintained from all overhead power lines as described in the following table: Contractor Safety Standards 77 November 5, 2024 (Revision 11) Orange County Sanitation District D. When working less than 10 feet from a power line, power lines shall be locked out and visually grounded. E. Guy wires shall be delineated and protected. 5.46. PERMITS A. Unless otherwise stated in the Contract Documents, Contractors shall obtain relevant permits pertinent to the safety of employees and operations. B. Permits shall be available for review at the job site upon request of the ENGINEER or Risk Management. C. If a bulk fuel storage tank will be used on the Project, then the CONTRACTOR must obtain a Bulk Fuel permit from the local Fire Department having jurisdiction. The tank permit shall be submitted to the ENGINEER and Risk Management using OC SAN’s PCMS. D. The CONTRACTOR shall obtain, and post Cal/OSHA Activity Permits for the following construction activities: 1. Construction of trenches or excavations which are 5 feet or deeper and into which a person is required to descend. 2. Constructions of any building, structure, scaffolding, or false work more than 3 stories high, or the equivalent height (36 feet). 3. Demolitions of any building structure or dismantling of scaffolding or false work more than 3 stories high, or the equivalent height (36 feet). 4. Erection or dismantling of vertical shoring systems more than 3 stories high, or the equivalent height (36 feet). 5. Use of fixed or mobile tower cranes. E. OC SAN also requires permits for Work it considers to be high hazard; the Work that requires OC SAN acceptance includes Confined Space Entry, Use of OC SAN equipment, and Hot work, LTV for Energized Systems, Hazardous Materials usage, Concurrent/Dual Employer Work Activities, and Spray Painting. 5.47. PERSONAL PROTECTIVE EQUIPMENT A. General 1. Contractors shall ensure that employees are trained in the proper use, care, sanitation, and limitations of PPE in accordance with applicable OSHA Standards and manufacturer’s instructions and recommendations. 2. Contractors shall assess the workplace to determine if hazards that require the use of personal protective equipment are present or are likely to be present. 3. Contractors shall provide personal 4-gas meters to all effected staff, including subcontractors. Contractor Safety Standards 78 November 5, 2024 (Revision 11) Orange County Sanitation District 4. PPE must be properly fitted. 5. Employee dress should be neat in appearance and consistent with good dressing attire, no large holes, obscenities, or inappropriate images. 6. Shirts and long pants must be worn always on the site. Sleeveless shirts, tank tops, and shorts are not permitted. Clothing should not be torn or frayed. 7. Clothing contaminated by oily, flammable, toxic or caustic materials should not be worn until properly cleaned. 8. Certain tasks may require the wearing of fire-resistant materials, such as Nomex or leather. In such circumstances, extremely flammable clothing material such as nylon should be discouraged. 9. In multi-employer worksites, Contractors must comply with whichever Contractor requirements are the most stringent. 10. Contractors are responsible to supply required personal protective equipment to their employees. 11. Gloves shall be worn and based on the hazards present. 12. Hearing protection shall be worn in high noise areas and/or where required by job safety analysis. B. Head/Face Protection 1. Employees must wear hard hats complying with or exceeding the requirements of ANSI Z89.1-2014 while on the job site. “Cowboy” and similar novelty hard hats are not permitted. 2. Safety eye protection shall be worn at all times. 3. All safety glasses, goggles, and face shields must meet or exceed the requirements of ANSI Z87.1-2015. 4. The addition of side shields to prescription safety glasses is not permitted unless the side shields meet the ANSI standards. 5. Face shields must be worn in conjunction with safety glasses when grinding, chipping, jack hammering, and power sawing, or conducting other tasks that involve serious face/eye hazards. C. Respiratory Protection 1. Employees who are required to wear respiratory protection must receive a medical assessment of their physical ability to wear the equipment, be properly fit tested, and trained in the use, care, storage, maintenance, and limitations of the respiratory device. 2. Contractors must be able to show how respiratory protection was determined to provide adequate protection to employees by either industrial hygiene data or representative data from a previous project. D. High-Visibility Safety Apparel 1. At a minimum, Contractors’ employees shall wear ANSI Class 2 safety vest while working within the following areas: a. Plant 1 and Plant 2 treatment areas b. Pump station electrical rooms, pump rooms, and exterior spaces within OC SAN property fencing. Contractor Safety Standards 79 November 5, 2024 (Revision 11) Orange County Sanitation District c. Where the potential exists for exposure to vehicular traffic. d. When working in vicinity of operating mobile equipment. e. OC SAN construction sites. 2. Contractors’ employees shall wear ANSI Class 3 safety vest while working in the following area: a. Public right of way where vehicle traffic exceeds 50 miles per hour. b. Off plant when working adjacent to public right of way and not protected by OC SAN property fencing. c. OC SAN construction sites outside of Plant 1 and Plant 2. d. During nighttime work, and/or when working along a federal aid highway during daytime or nighttime hours. E. Safety Footwear 1. Tennis shoes, sneakers, open-toed shoes, and sandals are prohibited in construction areas. 2. Safety footwear meeting the requirements of ASTM F2413, “Standard Specification for Performance Requirements for Foot Protection”, is required in construction and process areas. ASTM numbers must be legible on the tongue or insides of shoes. 3. Protective footwear shall be selected based on hazards associated with work tasks/activities (i.e., electrical hazards, puncture hazards, crush hazards, heat). 4. Soles should be made of slip-resistant materials, and not worn to the point where slip resistance is compromised. 5. Footwear shall have protective toecaps (i.e., composite, steel). 5.48. POSTING REQUIREMENTS A. The CONTRACTOR shall be required to construct a weatherproof job site bulletin board. Federal and State regulations require the CONTRACTOR to conspicuously display all required posters at locations where employees report or normally congregate each day. B. At minimum, the following items shall be posted: 1. Industrial Welfare Commission’s Order Regulating Wages, Hours, and Working Conditions a. Pay Day Notice b. OSHA “Job Safety and Health Protection” c. Employer’s “Code of Safe Practices” / Safety Rules d. Discrimination in Employment is Prohibited by Law e. Sexual Harassment Poster f. Americans with Disabilities Act (ADA) g. Notice of Compensation Carrier h. Notice to Employees of Unemployment Insurance and Disability Insurance i. Cal/OSHA Operating Rules for Industrial Trucks j. Emergency Telephone Numbers Contractor Safety Standards 80 November 5, 2024 (Revision 11) Orange County Sanitation District 5.49. POWDER-ACTUATED TOOLS A. Powder-actuated tools must meet or exceed the requirements of ANSI A10- 3.1977. B. Only trained workers holding a valid operator’s card can use a powder-actuated tool. C. Containers for powder-actuated tools must be lockable and bear the label POWDER-ACTUATED TOOL on the outside. The container must be kept under lock and key storage. The following must be provided with each tool: 1. Operating and service manuals. 2. Power load chart. 3. Inspection-Service record. 4. Repair and servicing tools. D. Eye or face protection is required for operators and assistants. E. Tools must be inspected prior to use. Defective tools must not be used. F. Powder-actuated tools must not be left unattended. G. Powder-actuated tools must be unloaded if work is interrupted. Tools must not be loaded until ready for use. H. On misfire, the tool must be held in place for 30 seconds. I. Misfires shall be placed in a can of water. J. Different power loads must be kept in separate compartments. K. Warning signs must be posted bearing the words: “POWDER-ACTUATED TOOLS IN USE” within 50 feet of the point of use. L. The Work must be evaluated to determine if a hot work permit is required when using powder-actuated tools. 5.50. PUBLIC PROTECTION PLAN A. The CONTRACTOR shall develop a Public Protection Plan prior to the commencement of the Work. The Public Protection Plan shall be reviewed and revised as necessary throughout the Project. 1. The plan shall be in writing and available at the job site for review upon request. 2. For the purposes of this section, “Public” refers to parties not involved in the execution of the Work related to this Project. B. The Public Protection Plan shall include following components: 1. Policy statement 2. Assignment of responsibilities 3. Identification of existing and predictable public concerns 4. Provisions to monitor and inspect the implementation of the Public Protection Plan 5. Provisions for incident investigation 6. Hazard abatement procedures Contractor Safety Standards 81 November 5, 2024 (Revision 11) Orange County Sanitation District C. The Public Protection Plan shall consider at minimum the following items as they apply to the Project: 1. Noise 2. Dust, Fumes, Mists, Smoke, Vapors, Gasses, Odors 3. Traffic Hazards 4. Pedestrian and Bicyclist Hazards 5. Radiation (including lasers, x-rays, and welding rays) 6. Machinery and Vehicles 7. Falling Objects 8. Wind-Borne Objects 9. Security 10. Utilities 11. Hazardous Materials and Hazardous Substances (including use and storage) 12. Response to Incidents Involving the Public 13. Public Demonstrations or Protests 5.51. SANITATION A. The CONTRACTOR must provide in a clean and sanitary condition: 1. All potable water for drinking 2. Adequate toilet facilities and wash facilities 3. Hand wash facilities as required by the Safety Data Sheet or state standards. 4. Appropriate containers for disposal of garbage B. A minimum of one separate toilet facility shall be provided for each twenty employees or fraction thereof of each sex. C. Toilet facilities shall be kept clean, maintained in good working order, designed, and maintained in a manner that will assure privacy, and provided with an adequate supply of toilet paper. D. Employees shall not drink the plant water or other liquids involved with the treatment process. 5.52. SCAFFOLDS A. Scaffolds shall be erected, moved, dismantled, or altered only under the supervision and direction of a Competent Person qualified in scaffold erection, moving, dismantling or alteration. B. The CONTRACTOR and Subcontractors (through the CONTRACTOR) shall provide a copy of the competent person evaluation and the Competent Person will sign off on scaffolds that are erected prior to use. C. The CONTRACTOR shall have a Competent Person determine the feasibility and safety of providing fall protection for employees erecting or dismantling supported scaffolds. Fall protection is required for employees erecting or dismantling supported scaffolds where the installation and use of such protection is feasible and does not create a greater hazard. During erection and dismantling, 100% fall protection shall be always utilized. Contractor Safety Standards 82 November 5, 2024 (Revision 11) Orange County Sanitation District D. Contractors shall have each employee who performs Work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards. The training shall include the following topics, as applicable: 1. The nature of any electrical hazards, fall hazards, and falling object hazards in the work area. 2. The correct procedures for dealing with electrical hazards. 3. The correct procedures for erecting, maintaining, and dismantling the fall protection and falling object protection systems being used. 4. The proper use of the scaffold, including the proper handling of materials on the scaffold. 5. The maximum intended load and the load-carrying capacities of the scaffold 6. Any other pertinent procedures or safety requirements E. Contractors shall have each employee who is involved in erecting, disassembling, moving, operating, repairing, maintaining, or inspecting a scaffold trained by a Competent Person to recognize any hazards associated with the Work in question. The training shall include the following topics, as applicable: 1. The nature of scaffold hazards 2. The correct procedures for erecting, disassembling, moving, operating, repairing, inspecting, and maintaining the type of scaffold in question. 3. The design criteria, maximum intended load-carrying capacity, and intended use of the scaffold. 4. Any other pertinent procedures or safety requirements F. When Contractors have reason to believe that an employee lacks the skill or understanding needed for safe work involving the erection, use or dismantling of scaffolds, the Contractor shall retrain each such employee so that the requisite proficiency is regained. G. Handrails, midrails, and toeboards are required on all scaffolds over 6 feet high. H. If the guardrail system is incomplete or missing, personal fall protection is required. I. A ladder or other acceptable means for access must be provided. J. Wheels must be locked on rolling scaffolds before use. K. There is no riding of manually propelled scaffolds. L. All connections, including casters, on rolling scaffolds shall be pinned. M. Contractors shall keep the platform load within the safe platform workload limit. N. Scaffolds must be erected level on a firm base. When the scaffold is resting on earth or other such material, the uprights shall rest on and be secured to the equivalent of a 2-inch by 10-inch by 10-inch wood base. O. Suspended scaffolds must have adequate anchorage points. Occupants shall have a full body harness, lifeline and deceleration device that must be attached to a separate anchorage point than that of the scaffold prior to stepping out onto any suspended scaffold over 10 feet per OSHA. Contractor Safety Standards 83 November 5, 2024 (Revision 11) Orange County Sanitation District P. Scaffold planks must be laid tight and secured to prevent movement. Planks must overlap between 6 and 12 inches over the scaffold supports. Q. A stair tower or built-in stair/ladder system shall be provided for access to all scaffolds four frames or more in height. R. All scaffolds shall be inspected and tagged to identify that they meet the requirements for use by a Competent Person prior to initial use, before each work shift, and after any event that could affect the structural integrity or safety of the scaffold. Scaffolds that are not tagged shall not be used. 5.53. ERECTION A. No building, structure, or part thereof, or any temporary support shall be loaded more than its designed capacity. B. Trusses and beams shall be braced laterally and progressively during construction to prevent buckling or overturning. C. During placing of structural members, the load shall not be released from the hoisting line until the members are secured with not less than two bolts drawn up wrench tight. D. Where skeleton steel is being erected, a tightly planked and substantial floor shall be maintained within two stories or 30 feet, whichever is less, below, and directly under that portion of each tier of beams on which any Work is being performed. E. When connecting beams at the periphery or interior of a building or structure where the fall distance is greater than 6 feet, the connector shall be provided with and use appropriate personal fall protection equipment in accordance with Cal/OSHA requirements. 1. Connector means an employee who, working with hoisting equipment, is placing, and connecting beams or other structural members. 2. When performing Work other than connecting, employees shall be provided and use personal fall protection equipment in accordance with Cal/OSHA requirements where the fall distance is greater than 6 feet. F. Open web steel joists shall not be placed on any structural steel framework unless such framework is safely bolted or welded. G. Containers shall be provided for storing or carrying rivets, bolts, and drift pins, and secured against accidental displacement when aloft. H. When bolts or drift pins are being knocked out, means shall be provided to keep them from falling. I. Impact wrenches shall be provided with a locking device for retaining the socket. J. Connections of equipment used in plumbing-up shall be properly secured. K. Turnbuckles shall be secured to prevent unwinding while under stress. L. Plumbing-up guys shall be removed only under the supervision of a Competent Person. M. Employees working above grade or any surface and exposed to protruding reinforcing steel or other similar projections shall be protected against the hazard of impalement using guardrails, or approved fall protection systems, or protective covers. N. Exposed edges of all temporary planked or temporary metal decked floors at the periphery of the building, or at interior openings, such as stairways and elevator Contractor Safety Standards 84 November 5, 2024 (Revision 11) Orange County Sanitation District shafts shall be protected by a single 3/8-inch minimum diameter wire rope located between 42 and 45 inches above design finish floor height. Midrail protection shall be installed at the completion of the installation of decking. O. Employees shall be trained in accordance with applicable Cal/OSHA standards and Project-specific requirements. 5.54. TAR AND MELTING POTS A. Any melting chamber must be vented and must have a working thermometer. B. No melting pots or tar kettles may be located on roof surfaces. All melting pots must be on the ground outside, and at least 25 feet from any building. C. Pipelines shall be adequately braced or supported to prevent collapse. D. Barricades must be provided when hot liquids are present overhead on a roof or upper floor. E. Buckets containing hot asphalt or pitch shall not be carried on ladders. F. A fire extinguisher shall be kept near each kettle in use. Extinguisher capacity shall be at least: 1. Less than 150-gallon kettle – 8: B.C. 2. 150 to 350-gallon kettle – 16: B.C. 3. Larger than 350-gallon kettle – 20: B.C. G. At a minimum, an 8: BC fire extinguisher shall be kept near each kettle in use. H. Kettle and tanker pumps shall be provided with a means of stopping the flow of hot asphalt or pitch manually from the rooftop in emergencies. I. Pumper pipelines shall be securely fastened at the rooftop and shall not be supported by ladders used for access. 5.55. WARNING SIGNS A. The CONTRACTOR shall post site access and warning signage, including emergency contact information, in accordance with applicable requirements. B. Project employees shall obey all warning signs. C. Signage shall be maintained in legible condition and cleaned or replaced as necessary to maintain legibility. D. All warning signs, signals, and barricades installed by the Contractors must be removed when the hazard no longer exists. E. The CONTRACTOR shall monitor conditions to ensure timely and accurate removal of these devices. F. Danger tape, caution tape, barricades, rope, and any other warning lines shall have signage to explain the nature of the hazard. 5.56. WORK ZONE TRAFFIC CONTROL A. The CONTRACTOR shall establish work area protection zones necessary to protect employees and the public when Work is performed in areas where pedestrians or vehicles have access. B. All employees in work zones shall wear Class II or Class III reflectorized garments in accordance with the requirements of the U.S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD). Contractor Safety Standards 85 November 5, 2024 (Revision 11) Orange County Sanitation District C. Traffic control shall be established in compliance with the MUTCD, State and local traffic control regulations, the WATCH Handbook (where referenced by contract), or other contract-referenced documents/standards and approved by the agency having jurisdiction. D. The CONTRACTOR shall establish Work Area Protection in consideration of the location of the worksite, pedestrian and traffic conditions, and the time of day (daylight or dark). E. The CONTRACTOR shall ensure adequate protection to passing vehicles on a roadway by providing a Flagger when barricades, signs and signals may be insufficient. F. When placing or removing Work Area Protection, the employee shall: 1. Be consistently alert to traffic conditions. 2. Face oncoming traffic. 3. Wear proper personal protection (e.g., traffic warning vest, hard hat, eye protection). G. Place the initial warning sign (e.g., Construction Ahead) first and remove last. H. Work zone sites must be made safe for pedestrians by using: 1. Rope or vinyl warning tape. 2. Fencing or other barricades. 3. Cones and signs. 4. Pedestrian crossings (designated and painted). 5. Other appropriate means, methods, and devices. I. All night Work requires adequate illumination to light the work area and warn public vehicular traffic. J. For night Work, the illumination used to light the work area shall be aimed such that it does not create glare for, or blind, the public driving through the work zone. K. The CONTRACTOR shall ensure adequate protection to passing vehicles on a roadway by providing a Flagger when barricades, signs and signals may be insufficient. 5.57. FLAGGING OPERATIONS A. Flagging Operations shall be conducted in accordance with the following unless a more specific standard applies. B. Flaggers shall be trained in the proper fundamentals of flagging (signaling) traffic before being assigned as Flaggers. C. The Flagger must be protected, and the motorist forewarned by use of warning signs and cones. D. Use cones before the Flaggers position to mark the traffic lane. E. The use of high visibility orange or Class III yellow vests shall be required to all Flaggers. F. During the hours of darkness, the Flaggers shall be outfitted with a reflectorized garment, and the Flagger’s position shall be illuminated. Contractor Safety Standards 86 November 5, 2024 (Revision 11) Orange County Sanitation District G. To Stop Traffic - The Flagger shall face traffic and hold the stop paddle in a vertical position at arm’s length. H. When It Is Safe for Traffic to Proceed - The Flagger shall stand parallel to the traffic movement, and with the slow paddle held in a vertical position at arm’s length. I. Flags shall be a minimum of 18-inches x 18-inches in size, and orange in color. 5.58. PLATE BRIDGING A. Trenches, excavations, or other surface openings or significant depressions must be covered with a bridge plate to permit safe and unobstructed flow of traffic. B. Bridging plates must be secured from movement by a holding device(s) such as cleats, angles, bolts, tack welding, etc., regardless of the elevation below. C. Bridging plates must be installed to produce a minimum amount of noise and be recessed or have appropriate asphalt tapers at edges, per OC SAN or city requirements. D. Bridging plates must extend a minimum of one foot beyond the edges, with pavement materials feathering the edges for a reasonably smooth transition and installed in accordance with manufacturer/engineer instructions. E. Warning signs shall be posted when steel plates are used in a travel path. F. Refer to the WATCH Manual (where applicable) for specific requirements. 5.59. WORKING AROUND WATER A. Where Contractor’s employees are not protected from falling into water by railing, netting, or body positioning devices the following safety devices shall be provided for and used by employees at those locations where the danger of drowning exists. B. Personal Flotation Devices (PFD). Any employee who has the potential for falling into water shall be required to wear U. S. Coast Guard approved personal flotation devices that are marked or labeled Type I PFD, Type II PFD, or Type III PFD, or a U.S. Coast Guard approved Type V PFD that is marked or labeled for use as a work vest for commercial use or for use on vessels. C. Ring Buoys. U. S. Coast Guard approved 30-inch ring buoys with at least 150 feet of 600-pound capacity line shall be readily available for emergency rescue operations. Distance between ring buoys shall not exceed 200 feet. D. Lifesaving Boats. One or more lifesaving boats, either manually or power- operated, shall be provided and readily accessible always. Lifesaving boats shall be properly maintained, ready for emergency use and equipped with oars and oarlocks attached to the gunwales, boathook, anchor, ring buoy with 50 feet of 600-pound capacity line and two life preservers. Oars are not required on boats that are powered by an inboard motor. E. Where, because of swift current, lifeboats cannot be used, a line shall be stretched across the stream with tag lines or floating planks trailing in the water at intervals not to exceed 6 feet. If this is impracticable, some other arrangement for providing effective lifelines near the water surface shall be provided. 5.60. USE OF X-RAY A. If X-Ray is utilized for any part of the Project, OC SAN must be notified at least two weeks prior to the use of X-Ray. The area in question shall be isolated prior to any X-Ray use. Contractor Safety Standards 87 November 5, 2024 (Revision 11) Orange County Sanitation District B. OC SAN may require all X-Ray work to occur during afterhours to minimize exposure of OC SAN employees. Proper warning signs and delineation will be required. C. Contractors performing non-destructive testing (NDT) shall notify the ENGINEER and Risk Management regarding hazards associated with such testing. Contractors performing NDT shall establish administrative controls to protect Contractor’s employees and OC SAN before examination. Controls shall be approved by the ENGINEER and Risk Management. 6. DEFINITIONS The following definitions may not reflect the actual titles and definitions in use by all entities on this Project and do not have any force or effect beyond their use in the Contractor Safety Standards. Due to such differences in nomenclature among owners and contractors, the following are used throughout the Contractor Safety Standards to establish the functional framework for the Safety Program. Alternate Contractor Safety Manager (ACSM). Individual meeting the same requirements of the CSM that assumes the role of the CSM on a temporary basis. Alternate Contractor Safety Representative (ACSR). Individual meeting the same requirements of the CSR that assumes the role of the CSR on a temporary basis. Authorized Representative. The Orange County Sanitation District’s Authorized Representative to act on behalf of OC SAN on a project. Competent Person. One who can identify existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. CONTRACTOR. The individual, partnership, joint venture, corporation, or other combination thereof, identified as such in the Contract, and referred to throughout the Contract Documents as if singular in number and who directly contracts with OC SAN. The term “CONTRACTOR” means the CONTRACTOR or its authorized representative. For applicability of these Standards, the term "CONTRACTOR" also includes Service Vendor, Consultant, and any other entity that directly contracts with OC SAN. Contractor. Unless otherwise specified, in these Contractor Safety Standards, Contractor includes CONTRACTOR and all its agents, Subcontractors, Service Vendors, suppliers, consultants, and vendors. Contractor Project Manager (CPM). The senior on-site management person for the CONTRACTOR with responsibility for execution of the contract, including compliance with the Contractor Safety Standards. In some cases, the actual on-site representative may be a Superintendent or a Foreman. In such cases, this is the applicable person when the CPM is referenced. The CPM is responsible for the ongoing implementation and enforcement of the CONTRACTOR’s Site-Specific Safety Program. Contractor Project Superintendent (CPS). The senior on-site Superintendent for the CONTRACTOR with responsibility for execution of the contract, including compliance with the Contractor Safety Standards. In some cases, the actual on-site representative may be an Assistant Superintendent or a Foreman. In such cases, this is the applicable person when the CPS is referenced. The CPS is responsible for and accountable for the ongoing implementation and enforcement of the CONTRACTOR’s Site-Specific Safety Program. Contractor Safety Manager (CSM). If the Project will have and the CONTRACTOR will have the responsibility to manage 40 or more construction workers, the CONTRACTOR shall have a full-time Contractor Safety Manager assigned to the Project, to carry out the Contractor Safety Standards 88 November 5, 2024 (Revision 11) Orange County Sanitation District duties as described in this document. The Contractor Safety Manager shall have no other duties other than safety (dedicated), regardless of the number of employees on site. In the absence of a Contractor Safety Manager, at a minimum, the CONTRACTOR will be responsible for having a CSR assigned to the Project. In addition, OC SAN reserves the right to require the CONTRACTOR to supply a CSM if the CONTRACTOR demonstrates the inability to manage safety in accordance with Cal/OSHA and OC SAN Contractor Safety Standards. Contractor Safety Representative (CSR). The CONTRACTOR employee assigned safety responsibilities of implementing the CONTRACTOR’s Safety program and Injury and Illness Prevention Program, including ongoing identification and correction of hazards for shift work and distinct work locations as required. The CSR reports to the CSM. Additional Subcontractor Safety Representative (SSR) personnel shall cover shift work and OC SAN work locations as required. The CONTRACTOR can delegate the CSR duties to an on-site Field Supervisor. CSR responsibilities cannot be delegated to an office or staff employee. Control of Hazardous Energy (LOTO). The process of isolating energy sources (thermal, electrical, pneumatic, gravity, chemical, and hydraulic) to prevent employees from being exposed to unexpected release of energy by using a lock and tag to prevent the energy releases. Also referred to as Lockout Tagout (LOTO). Contractor Safety Orientation (CSO). A briefing to orient the CONTRACTOR to general hazards at the work location, identify OC SAN expectations for safety performance, review emergency notification capabilities, and discuss the CONTRACTOR activities that may pose a hazard to OC SAN employees, visitors, and other Contractors. ENGINEER. OC SAN’s Director of Engineering or designee. Foreman. The Contractor’s first line of supervision or lead of a crew Hazardous Area Classification. A method of evaluating a location or process for any risks (hazards) of explosion or fire that substances located there may be present and determining how best to minimize those risks for all probable circumstances that may be encountered. The location is divided up (that is, classified) into areas by risk level. Each area is assigned specific ventilation and electrical installation requirements. Areas with the highest risk level will have the most specialized requirements. Injury and Illness Prevention Plan (IIPP). The IIPP is a basic written workplace safety program. Title 8 of the California Code of Regulations (T8CCR) section 3203 requires every employer to develop and employ an effective IIPP. INSPECTOR. The individual(s) designated by the ENGINEER as the field Project representative with delegated authority to enforce the requirements of the Contract Documents, subject to the approval of the General Manager. Job Hazard Analysis (JHA). An activity specific analysis that is completed for tasks such as confined space entry, hot-work, hazardous materials usage, and other activities required by the Contract Documents. Non-Compliance. Is any violation, failure to comply, non-conformance, or infraction of the standards specified in these Contractor Safety Standards, or of any regulations to include State and Federal OSHA, DOT, NFPA, Building Codes, Fire Codes, and local ordinances. OSHA. OSHA as used in the context of these Contractor Safety Standards refers to the State or Federal agency with jurisdiction over workplace occupational safety and health at the project site. Owner. Orange County Sanitation District, the entity for which this project is being performed. Contractor Safety Standards 89 November 5, 2024 (Revision 11) Orange County Sanitation District Owner Authorized Representative. The Owner’s Employee or agent with overall responsibility for the project. Qualified Person, Attendant or Operator. A person designated by the employer who by possession of a recognized degree, certificate, or professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated his/her ability to solve or resolve problems relating to the subject matter, the work, or the project. Risk Management. The Owner’s Employee or agent with overall responsibility for the implementation of the Owner’s Safety Program, including OC SAN Contractor Safety Standards. Service Vendor. Any group, company or supplier providing non-construction related goods and services to OC SAN. All Service Vendors will be required to adhere to these Standards and the OSHA and Cal/OSHA General Industry Safety Orders. Site-Specific Safety Program (SSSP). The Employer’s Site-Specific Safety Program prepared in accordance with the requirements of this document and the Contract. Subcontractor. One who is licensed pursuant to California Business and Professions Code, Section 7000 et. seq., and who contracts directly with the CONTRACTOR or with another Subcontractor to perform some part of the Work. A Subcontractor does not have any direct contract with OC SAN related to the Work. Subcontractor Project Manager (SPM). The senior on-site management person for the Subcontractor with responsibility for execution of the contract, including compliance with OC SAN Contractor Safety Standards. In some cases, the actual on-site representative may be a Superintendent or a Foreman. In such cases, this is the applicable person when the SPM is referenced. The SPM is responsible for and accountable for the ongoing implementation and enforcement of the Subcontractor’s Site-Specific Safety Program. Subcontractor Project Superintendent (SPS). The senior on-site management person for the Subcontractor with responsibility for execution of the contract, including compliance with OC SAN Contractor Safety Standards. In some cases, the actual on-site representative may be an Assistant Superintendent or a Foreman. In such cases, this is the applicable person when the SPS is referenced. The SPS is responsible for and accountable for the ongoing implementation and enforcement of the Subcontractor’s Site-Specific Safety Program. Subcontractor Safety Manager (SSM). A dedicated full-time Subcontractor Employee assigned safety responsibilities for the project for Subcontractors having 40 or more employees. The SSM has the same responsibilities for safety of the Subcontractors that the CSM has for the CONTRACTOR. Subcontractor Safety Representative (SSR). Subcontractor Employee assigned safety responsibilities of implementing the Subcontractor’s Injury and Illness Prevention Program, including ongoing identification and correction of hazards for shift work and distinct work locations as required. The SSR reports to the SPM. Additional SSR personnel shall cover shift work and distinct work locations as required. The Subcontractor can delegate the SSR duties to an on-site Field Supervisor. SSR responsibilities cannot be delegated to an office or staff employee. Superintendent. A management representative for the CONTRACTOR who oversees the Project. 7. ACRONYMS The following acronyms may not reflect the actual acronyms in use by all entities on this Project and do not have any force or effect beyond their use in the Contractor Safety Standards. Due to such differences in nomenclature among owners and contractors, the Contractor Safety Standards 90 November 5, 2024 (Revision 11) Orange County Sanitation District following are used throughout the Contractor Safety Standards to establish the functional framework for the Safety Program. ACSM Alternate Contractor Safety Manager ACSR Alternate Contractor Safety Representative ANSI American National Standards Institute CDL Commercial Driver License CSO Contractor Safety Orientation CPM Contractor Project Manager CPR Cardiopulmonary Resuscitation CPS Contractor Project Superintendent CSM Contractor Safety Manager CSR Contractor Safety Representative EPA Environmental Protection Agency GVW Gross Vehicle Weight HEPA High Efficiency Particulate Air JHA Job Hazard Analysis LBP Lead-Based Paint LEL Lower Explosive Limit LTV Lock-Tag-Verify MUTCD Manual on Uniform Traffic Control Devices NFPA National Fire Protection Association OC SAN Orange County Sanitation District OSHA Cal/OSHA and/or Federal OSHA (refer to context) PAE Primary Authorized Employee PACM Presumed Asbestos Containing Materials PPE Personal Protective Equipment RPM Revolutions Per Minute SCAQMD South Coast Air Quality Management District SDS Safety Data Sheet SPM Subcontractor Project Manager SPS Subcontractor Project Superintendent SSM Subcontractor Safety Manager SSR Subcontractor Safety Representative SSSP Site Specific Safety Program USDOT United States Department of Transportation ATTACHMENT 9 HUMAN RESOURCES POLICIES PDB – Attachment 9 - Human Resources Policies PROJECT NO. P2-141 Revised 091625 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 HUMAN RESOURCES POLICIES Table of Contents: Harassment & Discrimination Policy No. 1.1 Retaliation & Whistleblowing Policy No. 1.2 Workplace Violence & Weapons Policy No. 1.3 Nepotism Policy No. 1.6 Substance Abuse Policy No. 5.20 Smoking Policy No. 5.21 Diversity, Equity, and Inclusion Policy No. 6.6 Harassment & Discrimination Policy No. 1.1 _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 1 of 4 Effective: 03/22/23 Policy 1.1, Harassment & Discrimination Orange County Sanitation District Personnel Policies Policy Number: 1.1 Effective Date: March 22, 2023 Subject: Harassment & Discrimination Supersedes: September 26, 2018 Approved by: General Manager 1.0 PURPOSE 1.1 The purpose of this policy is to provide a working environment for all employees, contractors, interns, volunteers, and temporary workers that is free of harassment and discriminatory behavior, whether based on race, color, religion, sex (including pregnancy, childbirth, and breastfeeding), sexual orientation, age, national origin, ancestry, actual or perceived disability, medical condition, genetic information, military and veteran status, marital status, gender, gender identity, gender expression, exercise of rights relating to any legally-provided leave of absence, or any other legally protected basis. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all Orange County Sanitation District (OC San) employees, applicants, and all persons who perform services for the OC San, including interns, volunteers, and persons working under contract. 3.0 DEFINITIONS 3.1 Discrimination is the unfavorable or unfair treatment of a person in the work environment, based on a legally protected class. 3.2 Harassment includes premising the granting or denial of employment benefits on the acceptance of unwanted verbal or physical conduct or verbal, physical or visual conduct based on a legally protected class that is so severe and/or pervasive that it creates a hostile or abusive working environment, and interferes with an employee’s ability to do his or her job. 3.3 Legally Protected Class includes race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, and breastfeeding), gender, gender identity, gender expression, age (40 years or older), sexual orientation, military and veteran status, and exercise of rights relating to any legally-provided leave of absence. 3.4 Sex includes, but is not limited to, pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, breastfeeding or medical conditions related to breastfeeding. “Sex” also includes, but is not limited to, a person’s gender. 3.5 Sexual Harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, and occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, physical, or visual behavior of a sexual nature where: _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 2 of 4 Effective: 03/22/23 Policy 1.1, Harassment & Discrimination 3.5.1 Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s current or future employment; 3.5.2 Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual’s welfare; or 3.5.3 Such conduct has the purpose or effect of substantially interfering with an individual’s welfare or work performance, or creates an intimidating, hostile, offensive, and/or demeaning work environment. 3.5.4 Prohibited acts that constitute sexual harassment may take a variety of forms. 4.0 POLICY 4.2 OC San does not tolerate any form of harassment or discrimination and is committed to providing a work environment that is free of harassment and discrimination. 4.3 OC San is an Equal Opportunity Employer, and does not discriminate against any person in matters of employment, application for employment, participation in programs and benefits, or in the application of rules and regulations with regard to any legally protected class. 4.4 All OC San employees, contractors, interns, volunteers, and temporary workers are expected to support and comply with this policy. Any supervisor or manager observing or knowing of a harassing situation shall take immediate action to stop it and report the matter. 4.5 Supervisory and management personnel who receive reports of harassment or discrimination are expected to take all such complaints seriously, report the complaint to the Director of Human Resources, and take immediate steps to implement this policy in accordance with the provisions contained herein. 4.5 OC San will also take reasonable steps to prevent or eliminate reported discrimination or harassment by non-employees, including vendors and contractors, who are likely to have workplace interactions with employees. 4.6 No employee shall be subjected to any form of retaliation for reporting any violation of this policy when it is reported truthfully and in good faith. A report is made in good faith when the complainant reasonably believes there is a violation of policy. 4.7 Hostile Work Environment An environment may be hostile if unwelcome behaviors, sexual or other, are directed specifically at an individual or if an individual witnesses unlawful harassment in his/her immediate surroundings. 4.8 Examples of Prohibited Behavior 4.8.1 Examples of the kinds of conduct that may constitute harassment when based on a legally protected class as defined in this policy include but are not limited to: 4.8.1.1 Verbal conduct such as racial epithets, demeaning comments of a personal nature, derogatory jokes, slurs, yelling, screaming, intimidation, threats or stereotypical statements. _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 3 of 4 Effective: 03/22/23 Policy 1.1, Harassment & Discrimination 4.8.1.2 Patronizing or ridiculing statements that convey derogatory attitudes about a particular gender. 4.8.1.3 Displaying or distributing posters, cartoons, computer graphics or electronic media transmissions containing material that could be viewed as offensive. 4.8.1.4 Physical contact such as assault, unwanted touching, blocking normal movement, pushing or interfering with work because of sex, race or any other protected basis. 4.8.1.5 Retaliation for having reported or threatened to report harassment. 4.8.2 Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to: 4.8.2.1 Unwelcome sexual propositions, invitations, solicitations, flirtations and gestures. 4.8.2.2 Threats or insinuations that a person’s employment, wages, promotional opportunities, or other conditions of employment may be adversely affected by not submitting to sexual advances. 4.8.2.3 Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person’s body, dress, appearance or sexual activities; the unwelcome use of sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; leering. 4.8.2.4 Sexually suggestive objects, pictures, videotapes, audio recordings or literature placed in the work area which may embarrass or offend individuals. 4.8.2.5 Unwelcome touching, patting, or pinching. 4.8.2.6 Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change with the result that sexual conduct which was once welcome becomes unwelcome and harassing. 5.0 PROCEDURE 5.1 Any employee who believes that he or she has been the victim of conduct prohibited by this policy must immediately report the matter, verbally or in writing, to his or her supervisor or manager, or to any other supervisor or manager, including the General Manager or Assistant General Manager, or to the Human Resources Department. 5.2 All reported incidents of harassment, discrimination and/or retaliation will be fairly, timely and thoroughly investigated, and appropriate corrective action will be taken based on the findings of the investigation. _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 4 of 4 Effective: 03/22/23 Policy 1.1, Harassment & Discrimination 5.3 OC San will document and track the complaint’s progress and inform the complainant that the investigation has concluded, each issue was thoroughly investigated, and the outcome (sustained, or not sustained). 5.4 Investigations will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and permissible under the law. 5.5 It is important to be aware that under the California Fair Employment and Housing Act (“FEHA”), employees may be held personally liable for any acts of unlawful harassment. 6.0 EXCEPTIONS 6.1 Any employee who knowingly files a false and malicious report of harassment, as opposed to a complaint which, even if erroneous, is made in good faith; or anyone who fails to report an actual or perceived form of harassment or discrimination as outlined in this policy, may be subject to appropriate disciplinary action, up to and including termination. 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS 8.2 U.S. and California State Constitutions 8.3 Title VII of the Civil Rights Act of 1964 8.4 California Fair Employment and Housing Act (FEHA) 8.5 Policy 1.2, Retaliation & Whistleblowing 8.6 Policy 1.3, Workplace Violence & Weapons 8.7 Policy 5.1, Rules of Conduct Retaliation & Whistleblowing Policy No. 1.2 ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 1 of 2 Effective: 03/22/23 Policy 1.2, Retaliation & Whistleblowing Orange County Sanitation District Personnel Policies Policy Number: 1.2 Effective Date: March 22, 2023 Subject: Retaliation & Whistleblowing Supersedes: September 26, 2018 Approved by: General Manager 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures prohibiting retaliation against individuals who report or participate in the investigation of a report of discrimination, harassment, or individuals who engage in whistleblowing, or a protected activity as defined herein. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all Orange County Sanitation District (OC San) employees, potential employees, volunteers, interns, and all persons who perform services for OC San, including persons working under contract. 3.0 DEFINITIONS 3.1 Retaliation means that a supervisor or manager has taken action(s) toward an individual for engaging in protected activity described within this policy, wherein the action(s) have a substantial and material impact on an employee’s terms and conditions of employment. Depending on the facts, it may be retaliatory if action, is taken because of the following, but not limited to, unfounded discipline, failure to promote, failure to hire, termination of a contract, inaccurate poor performance evaluations, arbitrarily changing work assignments, or arbitrarily changing work locations. 3.2 Whistleblowing refers to the act of an employee who discloses information to a government or law enforcement authority or to a supervisor or other person responsible for investigating, discovering, or correcting such matters, where the employee has reasonable cause to believe that the information reveals (1) violations or non-compliance with state or federal statutes; (2) unfair labor practices; (3) billing for services not performed or for goods not delivered; (4) gross mismanagement, significant waste of funds, and abuse of authority; and/or (5) a substantial and specific danger to the public health, safety or unsafe working conditions. 4.0 POLICY 4.1 It is OC San’s policy to prohibit retaliation or reprisals towards employees, prospective employees and outside contractors who engage in, the following protected activities: 4.1.1 Disclosing information to a government or law enforcement agency or internally to OC San, where there is reasonable cause to believe that the information discloses a violation of state or federal statute or non-compliance with a state or federal regulation. 4.1.2 Disclosing the filing of a false claim for money, goods, or services to OC San. ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 2 of 2 Effective: 03/22/23 Policy 1.2, Retaliation & Whistleblowing 4.1.3 Filing a written complaint, under penalty of perjury, of gross mismanagement, a significant waste of funds, an abuse of authority or a substantial and specific danger to public health or safety. 4.1.4 Complaints of discrimination or harassment or any other conduct prohibited by the Fair Employment and Housing Act (FEHA) or related federal laws. 4.1.5 Complaints about an unfair labor practice. 4.1.6 Participating in an administrative investigation either as the complainant, a witness or the accused, or conducting an administrative investigation. 4.2 Any employee who, in good faith, reports an alleged incident involving the protected activities described in this policy, under no circumstances, shall be subjected to reprisal or retaliation of any kind. A report is made in good faith when the complainant has reasonable cause to believe there is a violation of policy. 5.0 PROCEDURE 5.1 OC San policy requires employees to report all perceived incidents of retaliation, or conditions justifying whistleblowing, regardless of the offender’s identity or position. 5.2 Any employee who believes that he or she has been the victim of retaliation prohibited by this policy should report the matter to his or her supervisor or manager, or to any other supervisor or manager, including the General Manager or Assistant General Manager. 5.3 Reports of retaliation will be investigated fairly, timely, and thoroughly. The investigation may include individual interviews with the parties involved and, where, necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. 5.4 Confidentiality will be maintained throughout the investigatory process to the extent permissible under the circumstances and consistent with applicable law. 5.5 No fixed report period has been established. However, prompt reporting of complaints or concerns have proven to be the most effective method in finding rapid and constructive action and resolution. 6.0 EXCEPTIONS 6.1 An employee who knowingly files a false and malicious report of retaliation, as opposed to a complaint which, even if erroneous, is made in good faith may be the subject of appropriate disciplinary action, up to and including termination. 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS 8.1 Policy 1.1, Harassment & Discrimination 8.2 Policy 1.8, Conflict of Interest & Business Ethics 8.3 Policy 5.1, Rules of Conduct Workplace Violence & Weapons Policy No. 1.3 ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 1 of 3 Effective: 03/22/23 Policy 1.3, Workplace Violence & Weapons Orange County Sanitation District Policy Number: 1.3 Effective Date: March 22, 2023 Subject: Workplace Violence & Weapons Supersedes: September 26, 2018 Approved by: General Manager 1.0 PURPOSE 1.1 The purpose of this policy is to promote a safe work environment for all employees; establish and maintain a workplace that is free from violence, threats of violence, harassment, intimidation, and other disruptive behavior; and encourage and foster a workplace that is characterized by respect and the use of acceptable conflict resolution techniques. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all OC San employees, regardless of their organizational unit. Additionally, all persons who perform any services for OC San, regardless of their employment status, are subject to the provisions of this policy while on OC San property or while performing OC San business. 3.0 DEFINITIONS 3.1 Workplace Violence includes threats, violent behavior, harassment, intimidation and other disruptive behavior, direct, indirect, implied or actual from any person, and directed toward any person, occurring either at an OC San facility or in connection with the conduct of OC San business without regard to location. 4.0 POLICY 4.1 It is OC San policy to provide a safe work environment for its employees. OC San is committed to working with its employees to maintain a workplace free from violence, threats of violence, harassment, intimidation, and other disruptive behavior, and the commission of such acts are prohibited. 4.2 All employees are responsible for maintaining a safe work environment. 4.3 Violence, threats, harassment, intimidation, and other disruptive behavior in the OC San workplace will not be tolerated; furthermore, all reports of these types of incidents will be seriously reviewed and will be appropriately resolved. 4.4 This policy applies to all incidents involving OC San employees while they are on duty, on or off plant sites, and incidents involving non-employees perpetrating violence against OC San employees while they are on duty. 4.5 Available conflict resolution techniques, such as problem solving, grievance procedures and appeals processes, will be used to appropriately resolve conflicts that arise in the OC San workplace. ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 2 of 3 Effective: 03/22/23 Policy 1.3, Workplace Violence & Weapons 4.6 OC San strictly prohibits persons, excluding armed security services, from possessing weapons including, but not limited to, firearms, explosives, knives, clubs and incendiary devices on OC San premises, in OC San vehicles, in private vehicles parked on OC San property, and in the possession of OC San employees while on duty performing OC San related business assignments. 4.7 An employee who displays/exhibits prohibited conduct as set forth under this policy may be subject to disciplinary action, up to and including termination, regardless of the employee’s past performance, prior discipline, length of service or work history. 4.8 Persons who engage in prohibited conduct may also be subject to legal action by law enforcement authorities. 4.9 The following examples, while not all-inclusive, are considered prohibited conduct and subject an employee to disciplinary action, up to and including termination, for even a first-time offense. 4.9.1 Prohibited Conduct 4.9.1.1 Causing physical injury to another person; 4.9.1.2 Making threatening remarks, whether with intent to harm or in jest; 4.9.1.3 Aggressive, hostile or harassing behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; 4.9.1.4 Intentionally damaging employer property or the property of another individual; 4.9.1.5 Possession of a weapon while on OC San property or while on OC San business; or, 4.9.1.6 Committing acts motivated by, or related to, sexual harassment or domestic violence, 4.9.1.7 Other acts or threats of violence as determined by OC San. 5.0 PROCEDURE 5.1 Reporting: If the incident involves an emergency and requires the direct intervention of public safety personnel (i.e., law enforcement or emergency medical services), immediately CALL extension 2222. 5.1.1 Control Center personnel will contact emergency services via 911 and will coordinate the response of public safety personnel and onsite security personnel. 5.2 Any situation involving the commission or threat of violence, harassment, intimidation, other disruptive behavior, possession of a weapon or any other potentially dangerous situation must be promptly reported to a supervisor, manager, or the Human Resources Department. ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 3 of 3 Effective: 03/22/23 Policy 1.3, Workplace Violence & Weapons 5.3 Risk Reduction Measures 5.3.1 Employees at Risk: Employees are expected to exercise good judgement and to notify their supervisor, manager, or the Human Resources Department if a co-worker, or other person on OC San property or place of business, exhibits behavior that could be a sign of potentially dangerous situations. Such behavior includes, but is not limited to, the following: 5.3.1.1 Discussing the use of weapons as a means to perpetrate violence against another or bringing them to the workplace; 5.3.1.2 Displaying overt signs of extreme stress, resentment, hostility or anger; 5.3.1.3 Making threatening statements or remarks; 5.3.1.4 Sudden or significant deterioration in work performance; 5.3.1.5 Displaying irrational or inappropriate behavior. 5.3.2 Hiring: The Human Resources Department takes reasonable measures to conduct background investigations in order to review candidates’ backgrounds and to reduce the risk of hiring individuals with a history of violent behavior. 5.3.3 Enforcement: Threats, threatening conduct, harassment, or any other act of aggression or violence within the OC San work environment will not be tolerated. All reports of these types of incidents will be fairly, timely, and thoroughly investigated and will be appropriately resolved. 5.3.3.1 Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination. 5.3.3.2 Non-employees engaged in violent acts on OC San premises will be immediately removed from OC San and promptly reported to the proper authorities. 6.0 EXCEPTIONS 6.1 Knives traditionally used as tools and having a blade length of three and one-half (31/2) inches or less are only considered weapons when used or displayed in a threatening manner. Knives greater than three and one-half (31/2) inches in blade length are considered weapons as a matter of policy, unless used with approval by OC San management. 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS 8.1 Policy 1.1, Harassment & Discrimination 8.2 Policy 5.1, Rules of Conduct 8.3 Policy 5.2, Discipline NepotismPolicy No. 1.6 ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 1 of 5 Effective: 03/22/23 Policy 1.6, Nepotism Orange County Sanitation District Personnel Policies Policy Number: 1.6 Effective Date: March 22, 2023 Subject: Nepotism Supersedes: September 26, 2018 Approved by: General Manager 1.0 PURPOSE 1.1 The purpose of this policy is to avoid the possibility of nepotism in hiring, promoting, evaluating, awarding salary, and disciplining employees and to ensure that employment decisions are based on the individual’s qualifications for the position, ability, and performance. 1.2 OC San does not tolerate favoritism, the appearance of favoritism, conflicts of interest or the appearance of conflicts of interest in employment and personnel decisions. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all Orange County Sanitation District (OC San) employees regardless of their organizational unit, and employment applicants. Additionally, all persons who perform any services for OC San including persons working under contract, regardless of their employment status, are covered by this policy. 3.0 DEFINITIONS 3.1 Near relative means a relative within the third degree by blood or marriage, including an individual’s: spouse fiancée domestic partner parent/stepparent sister/stepsister brother/stepbrother child/stepchild grandparent grandchild great-grandparent great-grandchild aunt uncle niece nephew cousin sister-in-law brother-in-law son-in-law daughter-in-law dependent Near relatives shall also include persons who fall into the above categories by a previous marriage or adoption. 3.2 Supervisory Relationship means a supervisor-subordinate relationship between near relative employees, whether direct or indirect, that has the ability to impact the terms and conditions of employment, including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, recall, work assignments, performance evaluations, merit increases, training, or any other administrative action that may affect an employee; or near relatives reporting to the same immediate supervisor. ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 2 of 5 Effective: 03/22/23 Policy 1.6, Nepotism 4.0 POLICY 4.1 It is the policy of OC San not to discriminate in its employment and personnel actions with respect to its employees and applicants on the basis of marital and familial status. 4.2 Notwithstanding the above statement, OC San retains the right to refuse to appoint a person to a position in the same department, division or facility, wherein his or her relationship to another employee has the potential for creating an adverse impact on supervision, safety, security, or morale, or involves a potential conflict of interest. The department head shall have the authority and responsibility for determining if such a potential for adverse impact exists or does not exist. 4.3 Near relatives of employees or of members of the Board of Directors shall not be hired, promoted or transferred into positions in which one near relative may supervise, directly or indirectly, any other relative, or work in a capacity which would allow an employee to evaluate or control the terms, conditions or performance circumstances of employment of a near relative. 4.4 Near relatives of members of the Board of Directors shall not be employed in any position where there is a potential for adversely impacting the safety, security, morale or efficiency of supervision of other employees, or in which there may be created a potential conflict of interest. 4.5 No person shall be appointed, promoted, demoted, flexibly placed, or transferred to any position, whether exempt, permanent, provisional, acting, part-time, or temporary, in any division of any department, where such person's near relative already holds a position which would create a supervisory relationship. 4.6 No employee shall interview, recommend, or in any way be involved in the selection or disciplinary process of his or her near relative. 4.7 All current employees of OC San on the effective date of this policy will not be allowed to remain in positions where they are in a supervisory relationship with a near relative, except in those situations where a direct level of supervision or the ability to impact the terms or conditions of employment of a relative does not occur. 4.8 There shall be no appointments to any position at OC San of a near relative of any member of the Board of Directors or Executive Management Team without the express written approval of the Chair of the Board of Directors and the General Manager. 4.9 Any individual having appointive power shall not appoint or promote any of their near relatives to any position at OC San. 4.10 Hiring, reinstatement, promotion or transfer which will result in near relatives of employees working in the same department may be permitted, but only in such cases where direct supervision or the ability to impact the terms or conditions of employment of the near relative does not exist. 4.11 In cases whereby persons who are near relatives are employed in the same department, action shall be taken by the Department Head, Division Manager, or Supervisor to protect against situations which: ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 3 of 5 Effective: 03/22/23 Policy 1.6, Nepotism • may interfere with response to public health emergencies; • may adversely impact working conditions; • may jeopardize confidentiality; and, • may suggest a conflict of interest. 4.12 Remedies to the cases referred to in Section 4.11 may include, but are not necessarily limited to, shift change, reassignment to another position or location, transfer, or a case-by-case basis, possible termination of one of the involved employees. 4.13 All appointments, transfers or promotions of near relatives under this policy will be evaluated under guidance of this policy and in terms of the extent to which the relationship could have an adverse effect on the operations of OC San. This policy does not necessarily preclude the near relative or an OC San employee applying for an OC San position or promotion. The policy provides that the General Manager, or designee, may withhold approval to appoint a relative if such an appointment is not in the best interest of OC San or does not follow this policy. 4.14 In those cases in which the aforementioned relationships exist, or in which employees marry or acquire a covered relationship, the Human Resources Department shall be responsible to ensure that work assignments are made or other steps taken so as to avoid conflicts of interest or violation of this policy. If no conflict of interest exists because employees have no working interrelationship, supervisory or evaluative control over one another, no action shall be necessary. If conflict exists, action may include reassignment to another position, work location, or work shift. If such reassignment or other alternative is not deemed appropriate by OC San, one of the conflicted individuals may have to resign or be terminated. 4.15 Employees are responsible for immediately notifying their supervisor or the Human Resources Department of an impending marriage or the establishment of a near relative relationship with another employee of OC San as specified in Section 3.1. 4.16 No persons who have a near relative working at OC San may be hired without the approval of the General Manager, or designee. No OC San employee who is related to any other OC San employee may be transferred or promoted within OC San without the approval of the General Manager, or designee. 4.17 The General Manager is responsible for enforcing this policy with the assistance of the Human Resources Department. 4.18 OC San reserves the right to take action when relationships or associations of employees impact its mission. 4.19 OC San retains the right to refuse to place a relative under the direct supervision of an OC San employee, or place relatives in the same department, division, or facility, where such has a potential for creating an adverse impact on supervision, safety, security or morale. 4.20 OC San will make reasonable efforts to assign job duties to eliminate any potential for an adverse impact on supervision, safety, security or morale, or potential conflicts of interest. ____________________________________________________________________________________ Personnel Policies & Procedures Manual Page 4 of 5 Effective: 03/22/23 Policy 1.6, Nepotism 4.21 Except as otherwise provided by law or this policy, no employee, prospective employee or applicant shall be excluded from the competitive hiring and examination process or denied employment or benefits of employment solely on the basis of his or her familial relationship with an employee of the agency or a member of the Board of Directors. 5.0 PROCEDURE 5.1 OC San employees shall submit the Near Relative Notification form, which is attached to this policy, to the Human Resources Department within 30-days of the effective date of this policy, if they currently have near relatives working for OC San or within 30-days of becoming a near relative of another OC San employee. Failure by an employee to complete and submit the required Near Relative Notification to the Human Resources Department may be grounds for disciplinary action, up to and including termination of employment. 5.2 If the Human Resources Department determines that employment of near relatives in a supervisory relationship violates this policy, the Human Resources Department may transfer one of the employees to a vacant position in another division or department for which he or she is qualified. The determination of which employee will be transferred will be based upon the promotion of effective and efficient operations of OC San. Transfer must be to the same or equivalent position in another department without loss of classification, salary or benefits to the employee who is transferred. 5.3 Any employee, contractor, or member of the Board of Directors who knowingly violates this policy may be subject to disciplinary action, up to and including the cessation of the respective relationship with OC San. 5.4 In cases involving a near relative of a member of the Board of Directors, the matter will be referred to the Steering Committee, General Manager, and General Counsel for resolution. 6.0 EXCEPTIONS 6.1 The General Manager may authorize exceptions to this policy whenever he or she determines that the best interests of OC San so require. If an exception is granted, it shall be in writing and a copy placed in the employee’s personnel file. 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS 8.1 Near Relative Notification Form 8.2 Policy 1.4, Recruitment & Selection Orange County Sanitation District NEAR RELATIVE NOTIFICATION EMPLOYEE INFORMATION Employee Name: Job Title: Phone Number: Department: Division: NEAR RELATIVE INFORMATION Near Relative Name: Job Title: Relationship: Department: Division: Check all that apply: 1. None:  2. Supervisory Relationship:  Direct  Indirect  Same supervisor 3. Sharing of Duties:  On the same work assignment Related work assignments 4. Other (identify): Note: Attach separate sheet for additional Near Relatives. I hereby certify that this is a true and correct statement and that I have identified all of my near relatives who work for the Orange County Sanitation District in any and all capacities. Signature:___________________________ Date:________________________ Substance AbusePolicy No. 5.20 ___________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 1 of 8 Effective: 03/22/23 Policy 5.20, Substance Abuse Orange County Sanitation District Personnel Policies Policy Number: 5.20 Effective Date: March 22, 2023 Subject: Substance Abuse Supersedes: September 26, 2018 Approved by: General Manager 1.0 PURPOSE 1.1 To establish and maintain a drug and alcohol-free workplace. 1.2 To reduce the incidences of accidental injury to person or property. 1.3 To reduce absenteeism, tardiness, and indifferent job performance. 1.4 To provide assistance towards rehabilitation for any employee who seeks Orange County Sanitation District (OC San) help in overcoming addiction to, dependence on or problems with alcohol or drugs. 1.5 To maintain a work environment free of alcohol and drug related performance problems, accidents, and injuries. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all OC San employees, regardless of their organizational unit. Additionally, all persons who perform any services for OC San, regardless of their employment status, are subject to the provisions of this policy while on OC San property or while performing OC San business. 3.0 DEFINITIONS 3.1 Criminal Drug Statute - Any state or federal criminal law involving the manufacture, distribution, dispensation, use, or possession of a controlled substance. 3.2 Illegal Drugs - Any drug (a) that is not legally obtainable or (b) that is legally obtainable but has not been legally obtained. The term includes, but is not limited to, cocaine, crystal methamphetamine, heroin, and PCP. It includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes. It includes controlled substances as defined in the federal Controlled Substance Act. It also includes any substance, which a person holds out to another as an illegal drug, whether or not the substance itself is illegal. 3.3 Legal Drugs - Legal drugs include prescribed drugs and over-the-counter drugs, which have been legally obtained and are being used for the purpose for which they were prescribed and manufactured. 3.4 Need to Know - A term applied to persons who may reasonably be expected to base administrative managerial, or supervisory activity on a given piece of information to which they would not be otherwise entitled. 3.5 Paraphernalia - Drug paraphernalia may include pipes, hypodermic needles, bongs, rolling papers, and other items used in the ingestion, consumption, or the preparation for ___________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 2 of 8 Effective: 03/22/23 Policy 5.20, Substance Abuse consumption of illegal drugs. 3.6 Reasonable Suspicion - Is a belief, based on objective facts or specific personal observations sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol. 3.7 Under the Influence - Having the presence of any detectable level of drugs in the body or an alcohol concentration level of .02% or greater. 3.8 Controlled Substance – a drug or chemical whose manufacture, possession, or use is regulated under state and/or federal law. 4.0 POLICY 4.1 It is the policy of OC San to maintain a safe workplace, which is free of alcohol, marijuana and illegal possession and/or use of drugs. OC San is firmly committed to achieving a drug free workplace and will continue making a good faith effort to achieve an alcohol and drug free workplace by consistently enforcing every element of this policy. 5.0 PROCEDURE 5.1 ILLEGAL DRUGS 5.1.1 The sale, purchase, offer to sell or purchase, use, manufacture, distribution, dispensation, or possession of, or being under the influence of, Illegal Drugs during OC San time, or while engaged in OC San business, or on, or in, OC San premises, or property, is prohibited. 5.1.2 No employee shall bring drug paraphernalia onto OC San premises or property or into OC San vehicles. 5.2 OTHER DRUGS 5.2.1 If an employee has any question or concern as to his or her ability to safely perform the duties of his or her job while taking a legal prescription drug, the employee has an affirmative obligation to report the use of that drug to his/her supervisor, division management, Risk Management or Human Resources staff. 5.2.2 Upon receiving such notification, the employee may be temporarily assigned to alternative work duties and/or asked to provide a release to OC San from the employee’s physician for a determination of the employee’s ability to work while using that drug. 5.2.3 An employee may continue to perform his or her regularly assigned job duties, while taking a legal prescription drug, if OC San has determined, on a case-by-case basis, after consulting with the employee’s physician, that the employee does not pose a threat to the employee’s own safety or to the safety of co-workers, and that the employee’s job performance is not adversely affected by the legal prescription drug. Otherwise, the employee may be required to take a leave of absence or comply with other appropriate action determined by management, such as adhering to an employer initiated fitness for duty testing. 5.3 ALCOHOL AND MARIJUANA 5.3.1 No alcoholic beverages or recreational marijuana may be brought onto or ___________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 3 of 8 Effective: 03/22/23 Policy 5.20, Substance Abuse consumed on OC San time or property or while wearing an OC San identifiable uniform. 5.4 PROHIBITION AGAINST EMPLOYEES HAVING ILLEGAL DRUGS, MARIJUANA OR ALCOHOL IN THEIR BODIES DURING WORKING TIME 5.4.1 All employees of OC San are expected to report for work with no residue or metabolite of Illegal Drugs or marijuana in the body or alcohol concentration level of .02% or greater. Employees must not have any residue or metabolite of Illegal Drugs or marijuana in the body or alcohol concentration level of .02% or greater at any time while on the job. Compliance with these rules is considered an essential job qualification for all employees. 5.4.1.1 Employees still under the influence of a medication legally prescribed to them that cause a loss of motor skill, reaction time, or decision making must report the use to their supervisor. 5.4.2 When an alcohol screen test indicates an alcohol concentration level of .02% or greater, the employee will be prohibited from performing the duties of his or her job for twenty-four (24) hours. Employees may also face disciplinary action for being under the influence of alcohol if they test positive for alcohol concentration of .02% or greater, subject to the exceptions set forth in Section 14.0. 5.4.3 When a marijuana screen test indicates a marijuana concentration of any amount, the employee will be prohibited from performing the duties of his or her job for twenty-four (24) hours. Employees may also face disciplinary action for being under the influence of marijuana if they test positive for marijuana. 5.4.4 Employees may be subject to discipline up to and including termination for any marijuana test indicating any amount of marijuana or alcohol screen test that indicates an alcohol concentration level of .02% or greater. Refer to Section 14.3 for further information on alcohol screen tests. 5.5 ENFORCEMENT OF RULE PROHIBITING EMPLOYEES FROM HAVING ILLEGAL DRUGS OR ALCOHOL IN THEIR BODIES DURING WORK TIME 5.5.1 POST-EMPLOYMENT OFFER ALCOHOL/DRUG SCREENING 5.5.1.1 After OC San extends a conditional employment offer to a candidate selected through a recruitment process, it will require the prospective employee to pass an alcohol/drug screen test, for specific job classifications, administered by a medical facility designated by OC San. 5.5.1.2 Any prospective employee refusing to submit to such examination shall not be hired by OC San. 5.5.1.3 Any prospective employee failing the alcohol/drug screen test shall be rejected from further consideration from employment with OC San for at least six (6) months. 5.5 REASONABLE SUSPICION ALCOHOL/DRUG SCREENING 5.5.1 Reasonable suspicion shall be determined by a supervisor or manager and, where possible, corroborated by a trained Human Resources representative or other trained management representative. ___________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 4 of 8 Effective: 03/22/23 Policy 5.20, Substance Abuse 5.5.2 Specific personal observations must be based on a supervisor, manager, or Human Resources representative’s direct observations and not hearsay. 5.5.3 Objective facts and specific personal observations may be based upon, but are not limited to, the following: 5.5.3.1 Direct observations of substance abuse or symptoms of being under the influence such as: an employee’s manner, disposition, muscular movement, appearance, behavior, speech, or breath odor. 5.5.3.2 An employee’s possession or use of Illegal Drugs, recreational marijuana, alcohol, or Paraphernalia while on duty, in the workplace or on OC San property, including evidence that an employee has used, possessed, sold, solicited, or transferred drugs while on duty or while on OC San property or while operating an OC San vehicle, machinery, or equipment that is the property of or leased/rented by OC San. 5.5.4 The objective facts and specific personal observations upon which reasonable suspicion is based must be documented. 5.5.5 When OC San has a reasonable suspicion that an employee is under the influence of drugs or alcohol, the employee shall be required to undergo an alcohol/drug screen test as soon as reasonably achievable. Prior to being transported to the alcohol/drug screen test facility, employees will be given a copy of this policy and informed of their rights to contact an employee representative. 5.5.5.1 An employee’s refusal to submit to an alcohol/drug screen test may constitute insubordination and the employee may be subject to discipline up to and including termination. 5.5.5.2 Any employee failing such a test, or who tampers with the test specimen, may be subject to discipline up to and including termination. 5.5.5.3 The Human Resources Department shall arrange for the employee to be transported to the testing facility and then driven home. The employee shall not be permitted to drive while subject to reasonable suspicion testing. 5.5.6 Reasonable Suspicion Training 5.5.6.1 OC San shall ensure that managers, supervisors, Human Resources and Risk Management representatives, and/or other designated staff receive training on reasonable suspicion. The training shall include, but will not be limited to, the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. 5.6 POST ACCIDENT TESTING 5.6.1 An employee who directly contributes to a job-related accident or an accident involving OC San property shall be subject to a drug/alcohol screen test as soon as practicable when the accident results in: 5.6.1.1 A fatality; ___________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 5 of 8 Effective: 03/22/23 Policy 5.20, Substance Abuse 5.6.1.2 The issuance of a citation under State or local law for a moving traffic violation and bodily injury that requires immediate medical treatment away from the scene; or 5.6.1.3 The issuance of a citation under State or local law for a moving traffic violation and disabling damage to any vehicle that requires tow away. 5.6.1.4 Property damage that occurs on OC San facilities and there is a direct observations of substance abuse or symptoms of being under the influence such as: an employee’s manner, disposition, muscular movement, appearance, behavior, speech, or breath odor. 5.7 EMPLOYEE ASSISTANCE PROGRAM 5.7.1 OC San policy is to help employees with substance abuse problems who voluntarily seek assistance. Accordingly, OC San provides a method by which employees may come to management without fear of reprisal and seek assistance. 5.7.2 Any employee who feels that he or she has developed an addiction to, dependence upon or problem with the use of alcohol or drugs, is encouraged to seek assistance. Assistance may be sought by writing in confidence to, or asking for a personal appointment with the Director of Human Resources. 5.7.2.1 Each request for assistance shall be treated as confidential. Only those persons with a need to know shall be made aware of such requests. 5.7.3 Human Resources shall refer employees seeking assistance to an appropriate treatment organization. 5.7.4 Rehabilitation is the responsibility of the employee, but any employee seeking medical attention for alcoholism or drug addiction shall be entitled to benefits available under OC San’s group medical insurance plans with the restrictions and limits stated in the applicable plan summary. Employees on rehabilitation leave shall be subject to the extended Medical Leave and General Leave of Absence provisions in OC San’s Personnel Policies and Procedures. 5.7.5 To be eligible for continued employment after rehabilitation, the employee must provide certification that he/she was continuously enrolled in a treatment program and actively participated in that program. 5.7.5.1 Any employee suffering from an alcohol or drug problem who rejects treatment or who leaves a treatment program prior to being properly discharged therefrom shall be dismissed from employment with OC San. 5.7.6 Any employee returning to active employment from rehabilitation shall be required to sign a Return to Work Agreement providing: 5.7.6.1 Unannounced testing for a minimum of twelve (12) months to ensure that the employee is free from the alcohol or drug problem. 5.7.6.2 Notice that failure of, or refusal to take, such a test during this period shall constitute just cause for immediate dismissal of the employee. ___________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 6 of 8 Effective: 03/22/23 Policy 5.20, Substance Abuse 5.7.6.3 Notice that the employee shall maintain an acceptable attendance and performance record and comply with all other OC San policies upon his/her return to work. Failure to maintain an acceptable attendance and performance record shall constitute just cause for immediate dismissal. 5.7.7 No disciplinary action shall be taken against any employee who, for the first occurrence, comes forward to OC San with his/her problem prior to 1) OC San becoming aware of a violation of the drug and alcohol policy, or 2) a request by OC San to undergo drug testing. However, once OC San learns of a violation of the drug and alcohol policy or the employee tests positive in a drug test, or if there is a reoccurring problem, OC San is not obligated to grant the employee General Leave for rehabilitation. All testing procedures shall be in conformance with National Institute on Drug Abuse standards, and shall be conducted at a reasonable time at OC San’s expense. 5.8 INSPECTIONS 5.8.1 In order to ensure the safety of the workplace and the workforce, and to protect and preserve OC San’s property, OC San may from time to time inspect OC San’s vehicles, tool boxes, lockers, desks, file cabinets and other OC San property. 5.8.2 These inspections may not be announced and employees should have no expectation of privacy with respect to items brought onto OC San property and/or stored in such OC San facilities. 5.8.3 It is a condition of employment for employees to cooperate with these inspections. Refusal to consent to such an inspection amounts to insubordination and may constitute cause for termination. 5.8.4 A representative from Human Resources must be present during any inspection of OC San property due to a reasonable suspicion that the Substance Abuse policy has been violated. 5.9 DRUG CONVICTIONS 5.9.1 All OC San employees or persons performing services for OC San who are convicted under a criminal drug statute for a violation occurring in the workplace are required to notify the Human Resources Department in writing within five (5) calendar days after such conviction. 5.9.2 Pursuant to the Drug Free Workplace Act, the Human Resources Department shall notify the appropriate contracting authority within ten (10) calendar days after learning of an individual’s drug conviction from either the individual or any other source. Within thirty (30) calendar days of learning of an individual’s drug conviction, OC San shall take appropriate corrective action. 5.10 DEPARTMENT OF TRANSPORTATION (DOT) REGULATIONS 5.10.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver’s license requirements of the Department of Transportation (DOT), Federal Highway Administration CFR Part 382 is subject to OC San’s Anti-Drug and Alcohol Program. OC San will ensure that all alcohol or controlled substances testing conducted under the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR ___________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 7 of 8 Effective: 03/22/23 Policy 5.20, Substance Abuse Part 40. 5.10.2 Any employee promoted, reassigned or transferred into a classification subject to the Department of Transportation requirements will be required to successfully complete alcohol and controlled substance testing prior to assuming the position. 5.11 DRUG FREE AWARENESS PROGRAM 5.11.1 OC San shall require all employees to attend biannual Reasonable Suspicion Training which shall include a module on Drug Free Awareness informing employees about the dangers of drug abuse in the workplace, OC San’s Substance Abuse Policy, available counseling, rehabilitation, and employee assistance programs available through OC San, and the penalties for violating OC San’s Substance Abuse Policy. 5.12 POLICY DISTRIBUTION 5.12.1 Copies of this policy shall be disseminated to current employees in biannual Prevention of Workplace Violence training and later hired employees in New Employee Orientation. Acknowledgement forms shall be included with the policy copy to be signed by employees and filed in personnel files. Temporary/contract workers shall receive a copy of this policy and an acknowledgment form through their employers. Signed temporary/contract worker acknowledgement forms shall be filed in the Human Resources Department. 5.13 DISCIPLINARY ACTION 5.13.1 Except as otherwise provided in Section 5.7, violation of the Substance Abuse Policy may result in disciplinary action, up to and including termination, even for a first offense. 6.0 EXCEPTIONS 6.1 If any portion of this policy is found to be at variance with the provisions of an approved Memorandum of Understanding (MOU), the MOU provisions shall prevail with respect to employees in the affected bargaining unit. 6.2 It will not be considered a violation of this policy for employees to store sealed alcoholic beverages in their personal vehicle as long as such storage is out of public view and does not remain in the vehicle for more than the period of one (1) consecutive work day. Further, sealed alcoholic beverages must remain in the employee’s vehicle out of public view at all times while on OCSD property. 6.3 If an alcohol screen test indicates an alcohol concentration level of .02% or greater but less than .04%, the employee will not be subject to discipline if the following conditions apply: 6.3.1 The employee holds a position that is not subject to DOT regulations; and 6.3.2 It is the first time the employee has received an alcohol screen test indicating an alcohol concentration level of .02% or greater. 7.0 PROVISIONS AND CONDITIONS 7.1 No employee shall be eligible for rehabilitation under the employee assistance program ___________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 8 of 8 Effective: 03/22/23 Policy 5.20, Substance Abuse more than one time. The reoccurrence of an alcohol or drug problem shall be cause for dismissal. 7.2 Under no circumstances shall the testing process be delayed due to the unavailability of an employee representative. 8.0 RELATED DOCUMENTS 8.1 OC San’s Substance Abuse and Alcohol Misuse Plan - DOT CFR Part 40 8.2 Drug Free Workplace Act 8.3 Substance Abuse Policy Acknowledgement Forms 8.4 Reasonable Suspicion Checklist 8.5 Policy 1.4, Recruitment & Selection 8.6 Policy 4.8, Employee Assistance Program 8.7 Policy 5.1, Rules of Conduct 8.8 Policy 5.2, Discipline 8.9 Policy 5.19, Vehicle Usage 8.10 Safety Policy 202 – (Accident Investigation and Reporting) 8.11 The Americans with Disabilities Act Amendments Act of 2008 SmokingPolicy No. 5.21 _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 1 of 2 Effective: 03/22/23 Policy 5.21, Smoking Orange County Sanitation District Personnel Policies Policy Number: 5.21 Effective Date: March 22, 2023 Supersedes: September 26, 2018 Approved by: General Manager 1.0 PURPOSE 1.1 This policy has been developed to protect employees and the general public from the dangers of second-hand smoke and the potential hazards associated with ignition sources near plant process areas or pump stations. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all Orange County Sanitation District (OC San) employees, contractors, and the general public who are on OC San property. 3.0 DEFINITIONS 3.1 Plant Process Areas – An area, structure or pipe within OC San facilities where wastewater, biosolids, digester gas, or grit are collected, treated, stored, transported or discharge to include all OC San pump stations. 3.2 OC San Vehicles – All OC San owned or leased cars, trucks, carts, bicycles, and special motorized equipment. 3.3 Designated Smoking Areas – Locations where smoking is permitted. 3.4 Smoking – The inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. This includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. 4.0 POLICY 4.2 GENERAL INFORMATION 4.2.1 OC San provides designated smoking areas that meet regulatory requirements and the operational needs of the organization. This policy defines employee, contractor, and general public conduct as it relates to smoking in or on all OC San property. 4.3 EMPLOYEE, CONTRACTOR AND PUBLIC CONDUCT 4.3.1 Smoking on or in all OC San property is only permitted in designated smoking areas. 4.3.2 OC San employee, contractor, or member of the general public shall not smoke in an OC San building or vehicle. _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 2 of 2 Effective: 03/22/23 Policy 5.21, Smoking 4.3.3 Failure to comply with this policy may result in to the following: 4.3.3.1 Progressive disciplinary action for OC San employees, which may result in termination for repeated violations. 4.3.3.2 Prohibition of offending contractor personnel from working in an OC San public building, facility or vehicle and/or termination of the contract. 4.3.3.3 Prohibition of an offending member of the general public from remaining in the affected OC San public building or vehicle. 4.3.3.4 Prohibition from coming on to OC San sites. 4.4 LOCATING DESIGNATED SMOKING AREAS 4.4.1 All designated smoking areas shall be clearly marked. 4.4.2 All designated smoking areas shall be located outdoors and at least 20 feet from any building entrance, exit, and/or operable window of an OC San building and within 20 feet of a building ventilation system intake. 4.4.3 Cigarette butt receptacles will be provided by and maintained by OC San. 5.0 PROCEDURE 5.2 Maps of designated smoking areas shall be maintained by the Risk Management Division and the information shall be posted on OC San’s intranet. 5.3 Employees are required to contact their immediate supervisor or manager if there are any concerns regarding this policy. 6.0 EXCEPTIONS 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS 8.2 California Health and Safety Code § 118885 8.3 California Code of Regulations § 5184 8.4 California Labor Code, Sections 6400-6413.5 8.5 Policy 5.2, Discipline 8.6 Policy 5.19, Vehicle Usage Diversity, Equity, and Inclusion Policy No. 6.6 _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 1 of 3 Effective: 03/22/23 Policy 6.6, Diversity, Equity & Inclusion Orange County Sanitation District Personnel Policies Policy Number: 6.6 Effective Date: March 22, 2022 Subject: Diversity, Equity, and Supersedes: February 23, 2022 Approved by: General Manager 1.0 PURPOSE 1.1 To ensure OC San maintains a diverse, equitable, and inclusive workplace through objective and consistent standards, rules, programs, procedures, and practices. This policy covers all aspects of employment including, but not limited to, recruitment, hiring, job assignment, promotion, employee benefits, conditions of employment, compensation, transfer, discipline, training, work environment, and termination of employment. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all OC San employees, job applicants, and all persons who perform services for OC San, including interns, volunteers, and persons working under contract. 3.0 DEFINITIONS 3.1 Discrimination is the unfavorable or unfair treatment of a person in the work environment, based on a legally protected class (as described below). 3.2 Diversity is the collective differences and similarities that include individual characteristics, values, beliefs, experiences, backgrounds, preferences, and behaviors that comprise the OC San workforce. 3.3 Equity refers to a state where rules, programs, procedures, and practices are applied uniformly regardless of race, color, religion, sex (including pregnancy, childbirth, and breastfeeding), sexual orientation, age, national origin, ancestry, actual or perceived disability, medical condition, genetic information, military and veteran status, marital status, gender, gender identity, gender expression, exercise of rights relating to any legally-provided leave of absence, or any other legally protected basis. 3.4 Harassment is defined as: (1) conditioning the granting or denial of employment benefits on the acceptance of unwanted verbal or physical conduct, or (2) creation of a hostile work environment through verbal, physical or visual conduct based on a legally protected class that is severe or pervasive and interferes with an employee’s ability to do his or her job. 3.5 Inclusion is involving people from a range of different social and ethnic backgrounds, where individuals have equal access to opportunities and resources; where rules, policies, and procedures are applied uniformly; and where the OC San workforce can contribute fully to the organization’s success regardless of race, color, religion, sex (including pregnancy, childbirth, and breastfeeding), sexual orientation, age, national origin, ancestry, actual or perceived disability, medical condition, genetic information, military and veteran status, marital status, gender, gender identity, gender expression, _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 2 of 3 Effective: 03/22/23 Policy 6.6, Diversity, Equity & Inclusion exercise of rights relating to any legally-provided leave of absence, or any other legally protected basis. 3.6 Legally Protected Class includes race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, and breastfeeding), gender, gender identity, gender expression, age (40 years or older), sexual orientation, military and veteran status, and exercise of rights relating to any legally-provided leave of absence. 3.7 Sex includes, but is not limited to, pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, breastfeeding or medical conditions related to breastfeeding. “Sex” also includes, but is not limited to, a person’s gender. 4.0 POLICY 4.1 OC San is an Equal Opportunity Employer and maintains a diverse, equitable, and inclusive workplace through objective and consistent standards, rules, programs, procedures, practices, and established Core Values. Equal opportunity shall apply to all aspects of the employment relationship, including, but not limited to, hiring, promotions, training and development, working conditions, compensation, benefits, and discipline. 4.2 All OC San employees, contractors, interns, volunteers, and temporary workers are expected to comply with this policy and all procedures to maintain a diverse, equitable, and inclusive work environment. 5.0 PROCEDURE 5.1 All employees are required to interact in a professional, respectful, and courteous manner, in accordance with Core Values, and apply the standards, rules, programs, procedures, practices, in an objective and impartial manner regardless of race, color, religion, sex (including pregnancy, childbirth, and breastfeeding), sexual orientation, age, national origin, ancestry, actual or perceived disability, medical condition, genetic information, military and veteran status, marital status, gender, gender identity, gender expression, exercise of rights relating to any legally-provided leave of absence, or any other legally protected basis. 5.2 Managers and supervisors are required to monitor the workplace, recognize conduct potentially in violation of this policy, report any such observations, and take appropriate action to address unacceptable behavior. 5.3 Managers and supervisors who receive reports of policy violations from other employees must take all such complaints seriously and provide timely and appropriate follow-up to include reporting the complaint to the Human Resources Department. 5.4 Employees who believe they have been subjected to conduct or have observed conduct prohibited by this policy are expected to immediately report the matter, verbally or in writing, to his or her manager or supervisor, or to the Human Resources Department.. 6.0 EXCEPTIONS 6.1 Any employee who knowingly files a false and malicious report or complaint, as opposed to a complaint which, even if erroneous, is made in good faith; or anyone who _____________________________________________________________________________________________ Personnel Policies & Procedures Manual Page 3 of 3 Effective: 03/22/23 Policy 6.6, Diversity, Equity & Inclusion fails to report an actual or perceived form of harassment or discrimination as outlined in this policy, may be subject to appropriate disciplinary action, up to and including termination. 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS 8.1 U.S. and California State Constitutions 8.2 Title VII of the Civil Rights Act of 1964 8.3 California Fair Employment and Housing Act 8.4 OC San Core Values 8.5 Policy 1.1, Harassment & Discrimination 8.6 Policy 1.2, Retaliation & Whistleblowing 8.7 Policy 1.4, Recruitment & Selection 8.8 Policy 2.1, Classification & Compensation 8.9 Policy 4.1, Insurance 8.10 Policy 4.10, Employee Development 8.11 Policy 5.1, Rules of Conduct 8.12 Policy 5.2, Discipline 8.13 Policy 6.1, Appraisal of Performance 8.14 Policy 6.2, Open Communication 8.15 Policy 6.4, Problem Solving 8.16 Policy 6.5, Grievance Procedure ATTACHMENT “C” SKILLED AND TRAINED WORKFORCE CERTIFICATION REQUEST FOR PROPOSALS (1-STEP) PROJECT NO. P2-141 Revision 042325 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 ATTACHMENT “C” SKILLED AND TRAINED WORKFORCE CERTIFICATION (Submit with Proposal) The undersigned does hereby certify to the Orange County Sanitation District (“OC SAN”) as follows: As a condition to being evaluated for selection, Public Contract Code section 22185.3(b)(1) requires Proposer to provide an enforceable commitment to OC SAN that Proposer and its Subcontractors at every tier will use a skilled and trained workforce to perform all Work on the Project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Public Contract Code section 2600 et seq. Proposer has reviewed the skilled and trained workforce requirements under Public Contract Code sections 22185.3(b)(1) and 2600 et seq. (as it may be amended from time to time), and Proposer and its Subcontractors at every tier will both comply with the foregoing Public Contract Codes sections and Proposer will provide monthly reports to OC SAN demonstrating that Proposer and its Subcontractors performing Work on the Project are complying with the requirements of Public Contract Code section 2600 et seq. The skilled and trained workforce requirement shall not apply if Proposer provides evidence that Proposer has entered into a project labor agreement that will bind Proposer and all its Subcontractors at every tier performing Work on the Project to use a skilled and trained workforce. Any person executing this certification on behalf of Proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this certification on behalf of Proposer. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this certification is executed on __________ [date], at ___________________ [city], ___________________ [state]. Name of Proposer Signature Name Title 11/12/2025EscondidoCA Big Sky Electric/Filanc a Joint Venture Omar Rodea Representative ATTACHMENT “D” CONFLICT OF INTEREST DISCLAIMER REQUEST FOR PROPOSALS (1-STEP) PROJECT NO. P2-141 Revision 102717 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 ATTACHMENT “D” CONFLICT OF INTEREST DISCLAIMER (Submit with Proposal) The undersigned, __________________________________________________, declares that (Print or Type Name) _________________________________________ ☐ does have ☐ does not have (Name of Firm) Interest; ownership; or receives, or anticipates receiving, remuneration of any type from the manufacturer(s), supplier(s), or distributor(s) which may be recommended on the Project, as listed below. Firm Product Remuneration _______________________________________________ Signature of President, Secretary, Partner, Owner, or Representative _______________________________________________ Date 11/12/2025 Big Sky Electric/Filanc a Joint Venture Omar Rodea X ATTACHMENT “E” ACKNOWLEDGEMENT OF ADDENDA RECEIPT REQUEST FOR PROPOSALS (1-STEP) PROJECT NO. P2-141 Revision 062221 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 ATTACHMENT “E” ACKNOWLEDGEMENT OF ADDENDA RECEIPT (Submit with Proposal) Submitted By: ______________________________________ (Name of Firm) The Orange County Sanitation District (OC SAN) may deem non-responsive any Proposal which fails to acknowledge any addenda issued by OC SAN prior to Proposal submittal. Addenda number(s) received: _________________________________________________________ (list each addendum by number) I, ________________________________, the _______________________________________ (President, Secretary, Manager, Owner, or Representative) of _______________________________, hereby acknowledges receipt of all addenda (if any). _______________________________________________ Signature of President, Secretary, Manager, Owner, or Representative _______________________________________________ Date Big Sky Electric/Filanc a Joint Venture 11/12/2025 Big Sky Electric/Filanc a Joint Venture Omar Rodea 1 Representative ATTACHMENT “F” IRAN CONTRACTING ACT VERIFICATION OC San | Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141 | 14 Appendix A BSE/Filanc JV | Brown and Caldwell ATTACHMENT “F” IRAN CONTRACTING ACT VERIFICATION Public Contract Code sections 2200-2208 (Submit with Proposal) To comply with the Iran Contracting Act of 2010 requirement, complete one of the options below. Option 1 - Certification I, the official named below, certify I am duly authorized to execute this certification on behalf of the entity identified below and (a) the entity identified below is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (DGS) and (b) is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/contractor/consultant, for 45 days or more, if that other person/ contractor/consultant will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DGS list of persons engaged in investment activities in Iran. Big Sky Electric, Inc.80-0275450Consultant/Contractor/Financial Institution (Printed) Federal ID Number /) 11/12/2025 By (Authorized Signature) / Date Larry Strohm, President Printed Name and Title of Person Signing Option 2 - Exemption Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a contractor/consultant/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enter into or renew a contract for goods and services. If the entity listed below has obtained an exemption from the certification requirement under the Iran Contracting Act of 2010, complete the information below and attach documentation demonstrating the exemption approval. Consultant/Contractor/Financial Institution (Printed) Federal ID Number By (Authorized Signature)Date Printed Name and Title of Person Signing REQUEST FOR PROPOSALS (1-STEP) Revision 110221 PROJECT NO. P2-141 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 OC San | Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141 | 13 Appendix A BSE/Filanc JV | Brown and Caldwell ATTACHMENT “F” IRAN CONTRACTING ACT VERIFICATION Public Contract Code sections 2200-2208 (Submit with Proposal) To comply with the Iran Contracting Act of 2010 requirement, complete one of the options below Option 1 - Certification I, the official named below, certify I am duly authorized to execute this certification on behalf of tl entity identified below and (a) the entity identified below is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Service (DGS) and (b) is not a financial institution extending twenty million dollars ($20,000,000) or mor< in credit to another person/contractor/consultant, for 45 days or more, if that other person/ contractor/consultant will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DGS list of persons engaged in investment activities in Iran. 95-1758372FILANC Consultant/Contractor/Financial Institution (Printed) Federal ID Number By (Authorized Signature) 11/12/2025 Date Omar Rodea, President Printed Name and Title of Person Signing Option 2 - Exemption Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a contractor/consultant/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enter into or renew a contract for goods and services. If the entity listed below has obtained an exemption from the certification requirement under the Iran Contracting Act of 2010, complete the information below and attach documentation demonstrating the exemption approval. Consultant/Contractor/Financial Institution (Printed) Federal ID Number By (Authorized Signature) Date Printed Name and Title of Person Signing ATTACHMENT “G” CALIFORNIA AIR RESOURCES BOARD MOBILE SOURCE CERTIFICATIONS (NOT INCLUDED) ATTACHMENT “H” ACKNOWLEDGEMENT OF CALIFORNIA VOLUNTARY PROTECTION PROGRAM ANNUAL REPORTING REQUIREMENT REQUEST FOR PROPOSALS (1-STEP) PROJECT NO. P2-141 Revision 103024 HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT PLANT NO. 2 ATTACHMENT “H” ACKNOWLEDGEMENT OF CALIFORNIA VOLUNTARY PROTECTION PROGRAM ANNUAL REPORTING REQUIREMENT (Submit with Proposal) Submitted By: ______________________________________ (Name of Firm) I ______________________________, the ____________________________________ President, Secretary, Manager, Owner, or Representative of _______________________________________________________, certify that if awarded Name of Company or Corporation or Owner the Agreement and if CONSULTANT will potentially work 1,000 combined hours in a quarter, for the term of the Agreement, CONSULTANT shall provide an annual report detailing the CONSULTANT’s safety and health information, including, but not limited to, CONSULTANT’s 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 by January 20th each calendar year. Failure to provide the data by the required due date may result in suspension of CONSULTANT’s services with OC SAN. Any delay arising out of or resulting from such suspension shall be CONSULTANT’s sole responsibility and considered CONSULTANT caused delay, which shall not be compensable by OC SAN. _________________________________________________________ Signature of President, Secretary, Manager, Owner, or Representative __________________________________ Date 11/12/2025 Big Sky Electric/Filanc a Joint Venture Omar Rodea Representative Big Sky Electric/Filanc a Joint Venture ATTACHMENT “I” PRICE PROPOSAL FORMS (NOT INCLUDED) ATTACHMENT “J” ACKNOWLEDGEMENT OF PROGRESSIVE DESIGN- BUILD CONTRACT (NOT INCLUDED) ATTACHMENT “K” CONFIDENTIALITY AND WAIVER OF PROTEST AGREEMENT (NOT INCLUDED) 3/24/2026 1 Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141 Presented by: Don Cutler Engineering Manager Operations Committee April 1, 2026 2 • Plant No. 2 Headworks Facility was completed in 2012 • Multiple recent cable failures • Existing fiberglass conduits have failed • Currently addressed by multiple small projects & temporary cables Background Headworks, Grit Removal & Odor Control Facilities 2 1 2 3/24/2026 2 Challenging Mitigation Solutions • Critical facility • Keep equipment operational while cables are replaced • Existing utilities 3 Outdated Equipment • Replace obsolete Variable Frequency Drives for 7 Main Sewage Pumps and 16 Odor Control Fans • Replace obsolete Main Sewage Pumps Vibration Monitoring System 4 3 4 3/24/2026 3 • One-Step RFP Procurement utilizing Best Value Selection • Market Sounding event for market outreach • Individual meetings with interested design-builder firms • RFP issued, initiating cone-of- silence period • Proprietary meetings with Design-Builder firms • Proposals received Procurement Approach 5 6 Proposal Scoring Criteria PointsDescription Technical Proposal Evaluation Criteria Responsive or Non-ResponsiveProposer Profile and Minimum Requirements 20Project Understanding and Key Issues 25Project Team and Key Personnel 20Project Experience and References 20Project Delivery and Management Approach 5Cost Development and Procurement Approach 90Technical Proposal Maximum Score Price Proposal Evaluation Criteria 10Phase 2 Design-Builder’s Fee Percentage 10Price Proposal Maximum Score 100TOTAL PROPOSAL MAXIMUM SCORE Proposal and Interview are scored independently; final ranking determined based on sum of Interview score and Price Proposal score Considered after the final score from interviews are tallied 5 6 3/24/2026 4 7 • Four proposals received • Proposals reviewed and two firms shortlisted • Interviews conducted with two firms • Big Sky Electric, Inc./Filanc, a Joint Venture selected through best- value process • Technical design • Construction expertise • Financial record • Skilled labor force availability • Safety record • Competitive fee Selection Process 8 Added Scope: Design of replacement Vibration Monitoring System for Main Sewage Pumps Summary of Negotiations NegotiatedProposalTask Name $710,800$832,600Project Management & Meetings $552,000$580,100Field Investigations $2,358,300$2,258,400Design Development $281,100$316,900Pre-Construction Services and Guaranteed Maximum Price Development $3,902,200$3,988,000Total Phase 1 Services 7 8 3/24/2026 5 9 Increase to Project Upper Limit DifferenceRevisedBudgeted Design-Builder Upper Limit $1,902,200 $3,902,200 $2,000,000 Phase 1 – Design/Pre-Construction $10,200,000 $32,200,000 $22,000,000 Phase 2 - Construction $1,607,800 $3,607,800 $2,000,000 Contingency $13,710,000 $39,710,000 $26,000,000 Subtotal: Design-Builder Upper Limit $(569,744)$4,821,170 $5,390,914 Administrative $(1,292,256)$1,968,830 $3,261,086 Project Contingency $11,848,000 $46,500,000 $34,652,000 Total Project Costs 10 Recommend to the Board of Directors to: A. Approve a project budget increase of $11,848,000 for Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141, for a total project budget of $46,500,000; B. Approve a Progressive Design-Build Contract with Big Sky Electric, Inc./Filanc, a Joint Venture, to provide Phase 1 progressive design-build services for Headworks Electrical Distribution Improvements at Plant No. 2, Project No. P2-141, for an amount not to exceed $3,902,200; and C. Approve an upper limit for this Contract of $39,710,000, which includes contingency. Recommendation 9 10 OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2026-4853 Agenda Date:4/1/2026 Agenda Item No:6. FROM:Robert Thompson, General Manager Originator: Wally Ritchie, Director of Finance SUBJECT: FY 2025-26 BUDGET AMENDMENT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND In June 2025,the Board of Directors approved the Operating,Capital,Debt Service,and Self- Insurance Budgets for FY 2025-26.An accelerated execution rate for the Capital Improvement Program (CIP)and planned repairs and maintenance activities have driven the need to request a FY 2025-26 budget increase. The table below shows the approved budget and estimated actuals for FY 2025-26 (in millions). Approved Budget Estimated Actuals Variance Performance Percentage Capital $254 $318 $64 125% Operating $246 $260 $14 106% Debt Service $60 $60 $0 100% Other $21 $11 $(-10)52% Total $581 $649 $68 Due to receiving higher than budgeted revenues for FY 2025-26 a portion of the increase of the expenditure budget is offset, detailed in the table below (in millions). Adopted Budget Estimated Actuals Variance Revenues $588 $617 $29 Expenditures $581 $649 $68 Net Revenues $7 $(32)$(39) The requested increase does not impact the long term cashflow due to the capital increase request in FY 2025-26 being predominantly driven by accelerated project spending,not project budget increases.These spending increases are offset by a reduction in spending for the relevant projectsOrange County Sanitation District Printed on 3/23/2026Page 1 of 2 powered by Legistar™ File #:2026-4853 Agenda Date:4/1/2026 Agenda Item No:6. increases.These spending increases are offset by a reduction in spending for the relevant projects in future years. RELEVANT STANDARDS ·Ensure the public’s money is wisely spent ·Produce appropriate financial reporting - annual financial report & audit letter and OPS & CIP budgets every two years, with annual update ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Presentation Orange County Sanitation District Printed on 3/23/2026Page 2 of 2 powered by Legistar™ 3/23/2026 1 FY 2025-26 Budget Amendment Presented by Ruth Zintzun, Finance Manager Operations Committee April 1, 2026 $254 $318 $246 $260 $60 $60 $21 $11 $0 $100 $200 $300 $400 $500 $600 $700 Adopted Requested Mil l i o n s Other Debt Service Operating Capital Budget Increase Request 2 $581 Million $649 Million 1 2 3/23/2026 2 Capital Improvement Program 3 $0 $5 $10 $15 $20 $25 $30 5-67 P2-128A J-137 3-64C Mil l i o n s Original Cash Flow (FY 25-26) Adjusted Cash Flow (FY 25-26) - $21 million - $75 million $200 $220 $240 $260 $280 $300 $320 Capital Operating Mi l l i o n s Adopted Operating Expenses 4 $11.9 $2.4 $200 $220 $240 $260 $280 $300 $320 Mi l l i o n s Estimated Maintenance and repairs 3 4 3/23/2026 3 $500 $520 $540 $560 $580 $600 $620 $640 $660 Revenues Expenses Mi l l i o n s Adopted Revenues 5 $500 $520 $540 $560 $580 $600 $620 $640 $660 Revenues Expenses Mi l l i o n s Estimated No impact long long-term cash flow Information Item. Recommendation 6 5 6 OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2026-4669 Agenda Date:4/1/2026 Agenda Item No:7. FROM:Robert Thompson, General Manager Originator: Wally Ritchie, Director of Finance SUBJECT: FY 2026-27 AND 2027-28 OPERATING BUDGET EXPENDITURES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND Discussion of the Orange County Sanitation District (OC San) FY 2026-27 and FY 2027-28 Budget development process was initiated at the January 28, 2026, Board of Directors meeting. During this process, staff provide presentations to the Administration and Operations Committees, focusing on various areas of the budget. Staff will make a brief presentation on the proposed expenditure details of the Operating Budget at the Committee meetings. The Operating and Capital Budgets, effective July 1 of this year, will be presented for adoption at the June 24, 2026 Board meeting. RELEVANT STANDARDS ·Produce appropriate financial reporting - annual financial report & audit letter and Ops & CIP budgets every two years, with annual update ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·FY 2026-27 and 2027-28 Operating Budget Expense Additional Information ·FY 2026-27 and 2027-28 Budget Development - Expense Summary ·Presentation Orange County Sanitation District Printed on 3/25/2026Page 1 of 1 powered by Legistar™ Description 2025-26 Budget 2025-26 Projected 2026-27 Adopted 2027-28 Proposed Salaries, Wages & Benefits $ 130.9 $ 130.2 $ 141.9 $ 150.7 Repairs & Maintenance 37.6 41.8 48.4 49.3 Operating Materials & Supplies 32.4 32.2 32.8 35.2 Contractual Services 23.8 23.6 25.3 26.6 Utilities 17.0 16.4 15.6 16.6 Professional Services 11.3 11.0 12.1 11.4 Other 15.7 27.5 29.3 28.0 Cost Allocation (22.4) (22.4) (26.7) (28.0) Changes: Variations are based on consumption of utilities. This includes legal services, engineering services, advocacy efforts, audit and accounting, software program consultants, and other. Changes: No significant changes are anticipated. Changes: Proposed budget years are higher than the current fiscal year due to more internal costs being attributed to the CIP program. FY 2026-27 and FY 2027-28 OPERATING BUDGET EXPENSE – ADDITIONAL INFORMATION (In Millions) This includes salaries and wages, leave payoffs, overtime, OCERS, group insurance, and other benefits for 669.5 full- time equivalent (FTE) positions in the current budget and proposed 699.5 FTE in FY 2026-27 and 718.5 FTE if FY 2027- 28 Changes: The increase is attributable to step advancements and planned salary increases per bargaining agreements. This includes materials, services, and service agreements. Changes: The increase in projected year end for FY 2025-26 is due to increased need for repairs at Reclamation Plants No. 1. and No. 2 to sensure operational reliability. The proposed increase for FY 2026-27 is in anticipation of repairs needed to maintain operational efficiencies while long term planning for future construction. This includes chemical coagulants (anionic polymer, cationic polymer, ferric chloride), odor control (sodium hydroxide, muriatic acid, magnesium hydroxide, ferrous chloride, calcium nitrate, bleach), disinfection, tools and safety equipment, laboratory chemicals and supplies, gas, diesel, oil, and other. Changes: No significant changes are anticipated. This includes solids removal, other residual solids and waste, groundskeeping, janitorial, security, county service fee, oxygen plant operations, temporary services, and outside lab services. This includes property & general liability insurance, regulatory operating fees, feasibility studies, other operating, general manager contingency, prior year appropriation, other non-operating, small computer items, memberships, supplies, postage & publications, other administrative expenses, environmental monitoring, air quality monitoring, other research, training, meetings, in-house publishing, other printing and publishing. Changes: The increase in projected year end for FY 2025-26 is due to transferring feasibility studies from the capital budget to the operating budget, per guidance from the Government Accounting Standards Board. This will be budgeted here for future years. Changes: No significant changes are anticipated. This includes power, water, natural gas, and telephone. FY 2026-27 and FY 2027-28 OPERATING BUDGET EXPENSE – ADDITIONAL INFORMATION 1 SALARIES, WAGES & BENEFITS Salaries & Wages Salaries for full-time equivalent (FTE) positions with a vacancy factor of 5 percent, based on trend information. Leave Payoffs Leave Payoffs for retirements. Overtime Overtime is primarily for the reclamation plants that are in operation 24/7 (vacation, sick, shift overlap), emergencies, unscheduled maintenance, backlog, and off-shift construction support. Orange County Emp. Ret. System OC San employees are members of the Orange County Employees’ Retirement System (OCERS). Group Insurance Includes Medical, Dental, Vision, Life Insurance, Medicare, and Disability. Benefits, Other Includes Workers’ Compensation, Tuition Reimbursement, Development Pay, and Uniform Rental. Workers’ Compensation is used to maintain the level of accumulated reserves within the Workers’ Compensation self-insurance funds. The Development Pay Program is intended to promote employee efforts that increase job knowledge, skills, and abilities. REPAIRS AND MAINTENANCE Materials & Services Material and services support the maintenance of the collection system and the treatment plants. Materials and services for the collections system include street overlays/manhole raising, manhole cover purchases, surveying services, and easement improvements and other materials and services. This also includes basic scheduled, predictive, and preventive maintenance and emergency maintenance. Service Agreements Service contracts are mostly either computer-related or O&M maintenance-related. Major contracts for Information Technology include IBM Software Maintenance, Microsoft Enterprise License Agreements, Cisco Smart Net, Maximo support, disaster recovery hardware and software support, Oracle support, and various smaller service agreements. Contractor Support Services include crane certification, engine monitoring systems, door and gate maintenance, scale certification, tree trimming, pest control, fire extinguisher and fire sprinkler certification, Uninterruptible Power Supply electrical maintenance, scaffolding, and various other plant maintenance and service maintenance agreements covering various equipment located throughout OC San. FY 2026-27 and FY 2027-28 OPERATING BUDGET EXPENSE – ADDITIONAL INFORMATION 2 Additional service maintenance agreements covering various equipment items are budgeted throughout OC San. OPERATING MATERIALS & SUPPLIES Chemical Coagulants Anionic Polymer – Anionic polymer is added to the primary clarifiers in combination with ferric chloride to enhance primary clarifier performance. Cationic Polymer – Cationic polymer is added to digested sludge prior to dewatering to improve the sludge and water separation process. Cationic polymer is also added to the waste activated sludge dissolved air flotation thickeners (DAFTs) to improve solids coagulation. Ferric Chloride – Ferric chloride is an iron salt which is used to increase the solids removal efficiencies in the primary treatment process and to control digester hydrogen sulfide. As the amount of ferric chloride is optimized in primary treatment, additional amounts of ferric chloride are added to the digesters to control hydrogen sulfide. Odor Control Sodium Hydroxide (Caustic Soda) – Caustic soda (25%) is used in the foul air scrubbers and in OC San’s main trunk lines (50%) tributary to the treatment plants. Muriatic Acid – Muriatic Acid (Hydrochloric Acid) is used to backwash the media in the foul air scrubbers, associated piping, and pumps. This cleans deposits caused by hard water, sulfides from the reaction with the foul air, and caustic soda used in the scrubbing process. Muriatic Acid is also used as a method for cleaning polymer tanks. Magnesium Hydroxide, Trunklines – Magnesium hydroxide reduces the formation of hydrogen sulfide in the collection system, which causes odor and corrosion. Contract services include supply, tanks and delivery equipment, operational monitoring, sampling, reporting, and on-going maintenance services for odor control chemical dosing systems within the wastewater collection and conveyance system. Ferrous Chloride, Trunklines – Ferrous Chloride is used in the trunks to reduce hydrogen sulfide generation. This contract provides supply, tanks and delivery equipment, operational monitoring, sampling, reporting, and on-going maintenance services for odor control chemical dosing systems within the wastewater collection and conveyance system. Calcium Nitrate, Trunklines – Calcium nitrate is a biological approach to controlling odors in wastewater. It provides the naturally occurring bacteria with an alternate FY 2026-27 and FY 2027-28 OPERATING BUDGET EXPENSE – ADDITIONAL INFORMATION 3 source of oxygen which, when metabolized, produces nitrogen gas as a byproduct rather than the sulfides produced by the naturally occurring sources of oxygen. This contract provides supply, tanks and delivery equipment, operational monitoring, sampling, reporting, and on-going maintenance services for odor control chemical dosing systems within the wastewater collection and conveyance system. Bleach, Treatment Plant Odor Control – Bleach is used in treatment plant odor control scrubbers and has replaced more expensive chemicals. Disinfection Sodium Hypochlorite (Bleach): The treatment plant bleach usage is for disinfection of plant water and the control of filamentous organisms in activated sludge in the secondary treatment process. Tools and Safety Equipment / Tools Various personal protective equipment items required for job safety. Laboratory Chemicals and Supplies Environmental Laboratory purchases of glassware, filtration supplies, solvents used for organic extractions, acids and bases used in metals digestion and glassware cleaning, reagents, a variety of standards used in quality assurance of the tests, specialty gases, microbiology supplies and growth media, chromatography columns, test organisms for bioassay, toxicity, and various other laboratory supplies. Gas, Diesel, and Oil Gasoline, compressed natural gas, diesel, and oil are used in the operation of mobile equipment, within generators and other operating equipment. Other Other smaller operating expenses such as janitorial supplies, miscellaneous operating supplies, and property tax fees. CONTRACTUAL SERVICES Solids Removal The biosolids unit cost is mainly driven by the nature of the energy intensive thermal conversion processes (Drying + Pyrolysis). Other Residual Solids and Waste The other residual solids and waste category includes disposal costs for grit and screening waste, digester cleaning waste, and hazardous materials. The Grit and Screening budget includes supplying bins to collect then haul and dispose of grit, screenings, and drying bed material to a landfill. The grit is generated from the grit chambers, and the screenings is the material collected off the bar screens. Drying bed material is typically made up of the material cleaned out of pipes in the collection system by OC San crews and other city crews in OC San’s service area. FY 2026-27 and FY 2027-28 OPERATING BUDGET EXPENSE – ADDITIONAL INFORMATION 4 Groundskeeping/Janitorial/Security Security and janitorial services are to support occupied OC San properties. Groundskeeping services are used at all OC San facilities including pump stations. County Service Fee The County Service Fee is the fee charged by the County of Orange for the inclusion of OC San’s sanitation fees on the County of Orange Property Tax Bill and for the collection of these fees by the County on behalf of OC San. Oxygen Plant Operations OC San’s Oxygen Plant has been decommissioned and currently, the activated sludge plant operates solely with purchased oxygen. Temporary Services Temporary Services for unexpected vacancies needing immediate support. Outside Lab Services OC San contracts out certain laboratory services that are not cost-efficient to perform in-house. Examples include air quality analyses, oil analyses for transformers and internal combustion engines, contaminants of potential concern, and hi-resolution mass spectroscopy. As approximately half of OC San biosolids are reused in Arizona; contracted testing for those biosolids must meet the State of Arizona requirement for analyses to be performed in an Arizona certified laboratory. UTILITIES Power Consumption of electrical energy to operate the functions of OC San. Water Potable water is supplied by the City of Fountain Valley for Plant No. 1 and the City of Huntington Beach for Plant No. 2. Approximately 5% of the potable water at Plant No. 1 is used for domestic uses and less than 1% is used for irrigation. Most of the irrigation at both plants uses reclaimed water. Less than 1% of the potable water used at Plant No. 2 is for domestic uses due to the relatively small number of employees at Plant No. 2. Natural Gas Natural gas is used for building heating, supplemental process heating, and Central Generation. Telephone Over 600 landlines and mobile phones for management and field staff, as deemed appropriate. FY 2026-27 and FY 2027-28 OPERATING BUDGET EXPENSE – ADDITIONAL INFORMATION 5 PROFESSIONAL SERVICES Legal Services Legal services are services primarily provided by General Counsel for general legal support, along with other specialized legal services from other firms. Engineering Services These services augment technical support for critical projects. Requested engineering services include support for corrosion assessment; coatings and cathodic protection; engineering support staffing for civil, mechanical, and instrumentation programs; and support to maintenance projects. Advocacy Efforts These are consultant services for promoting OC San’s interests in Sacramento and Washington D.C concerning legislation and funding. Audit and Accounting These services represent the cost for OC San’s independent annual financial audit and contracted internal auditing services. Software Program Consultant These support costs are required to supplement programming staff as new software versions and new programs are implemented and revised; they are also in support of the SCADA (supervisory control and data acquisition) system for process monitoring and controlling. Other Professional services also include labor and industrial hygiene services. Collectively reported within the line item, “Other” are various services including succession planning, pre-employment testing, actuarial services, performance management consultant, local sewer service fee rate study, specialized onsite training, strategic outsourcing, development of lock-out – tag-out procedures, stratus environmental audits and studies, groundwater extraction, Orange County Health Care Agency inspections, and grant applications, and an analysis of the business practices of the of maintenance support services. OTHER Property & General Liability Insurance OC San’s has the following insurance coverages: outside excess general liability property, flood, and earthquake. Regulatory Operating Fees National Pollution Discharge Elimination System (NPDES) Permit and to the South Coast Air Quality Management District for permit fees. FY 2026-27 and FY 2027-28 OPERATING BUDGET EXPENSE – ADDITIONAL INFORMATION 6 Other Operating Other material, supplies, feasibility studies and services. General Manager Contingency These funds are centrally budgeted and expended through the direct discretion and approval of the General Manager to support unanticipated OC San needs or requests of the Board. Prior year Appropriation Since the operating budget lapses at the end of each fiscal year, funds are needed to be set aside for contacts, purchases, commitments, and other legal obligations that have been incurred prior to June 30 in the prior year, but goods or services have not been delivered until after June 30 in the new budget year. Other Non-Operating Other non-operating expenses and obsolete inventory. Small Computer Items New Computers/Notebooks/Tablets, printers, monitors, networking equipment, computer peripherals, digital equipment, PDAs, digital cameras, etc. Memberships OC San-wide participation in groups such as the National Association of Clean Water, the National Water Research Institute, the Water Environment Research Foundation, the California Association of Sanitation Agencies, the Southern California Alliance of Publicly Owned Treatment Works, the Association of California Water Agencies, and the Center for Demographic Research, along with individual staff memberships in professional associations. Supplies, Postage & Publications Office supplies include such items as envelopes, letterhead, notebooks, calendars, etc. Other Administrative Expenses Other smaller administrative expenses. Environmental Monitoring OC San’s NPDES permit-required ocean monitoring program. Air Quality Monitoring Periodic monitoring and analysis of air emissions requires testing from various sources including the central generation facilities, validation of emissions from continuous monitoring equipment, and source testing after CIP installation/modification (i.e., P1 trickling filters, P1 primary basin install and modifications, etc.). Periodically, there is a requirement to test the waste gas flares. Other Research OC San contributes annually to research organizations such as the Southern California Coastal Water Research Project. FY 2026-27 and FY 2027-28 OPERATING BUDGET EXPENSE – ADDITIONAL INFORMATION 7 Training Ongoing technical and safety training and materials for staff, required training for computerized plant monitoring, and control systems and training to allow for a more adaptive and flexible work force. Meetings General meetings for operating. In-House Publishing Most OC San printing activities are completed in-house. These activities including printing of OC San maps, brochures, Board reports and agenda items, budget materials, etc. Other Printing and Publishing Includes outside printing and publishing expenses and notices and ads. COST ALLOCATION This represents direct and indirect labor, benefits, materials, and services charged to the Capital Improvement Program (CIP) where the related work was performed. Description 2025-26 Budget 2025-26 Projected 2026-27 Proposed % Change 2027-28 Proposed % Change Salaries, Wages & Benefits $ 130.9 $ 130.2 $ 141.9 9.0% $ 150.7 6.2% Repairs & Maintenance 37.6 41.8 48.4 15.8% 49.3 1.9% Operating Materials & Supplies 32.4 32.2 32.8 1.9% 35.2 7.3% Contractual Services 23.8 23.6 25.3 7.2% 26.6 5.1% Utilities 17.0 16.4 15.6 -4.9% 16.6 6.4% Professional Services 11.3 11.0 12.1 10.0% 11.4 -5.8% Other 15.7 27.5 29.3 6.7% 28.0 -4.4% Total Non-Salary 137.8 152.5 163.5 18.7% 167.1 2.2% Total Before Allocation 268.7 282.7 305.4 13.7% 317.8 4.1% Cost Allocation (22.4) (22.4) (26.7) 19.2% (28.0) 4.9% Net Operating Requirements $ 246.3 $ 260.3 $ 278.7 13.2% $ 289.8 4.0% Fiscal Years 2026-27 and 2027-28 Budget Development - Expense Summary (In Millions) 3/25/2026 1 FY 2026-27 and FY 2027-28 Operating Budget Expenditures Presented by: Ruth Zintzun, Finance Manager Operations Committee April 1, 2026 All Budget Expenses (millions) 2 Operating $246.4 42% Capital $254.344% Debt$60.4 10% Other $20.2 4% FY 2025-26 Total Expenses - $581.3 1 2 3/24/2026 2 Expenses Overview 3 $0 $50 $100 $150 $200 $250 $300 $350 Budget FY 25-26 Estimated FY 25-26 Porposed FY 26-27 Proposed FY 27-28 Mil l i o n s Other Professional Services Utilities Contractual Services Operating Materials and Supplies Repairs & Maintenance Salaries, Wages &Benefits Salaries, Wages & Benefits 4 $0 $20 $40 $60 $80 $100 $120 $140 $160 BudgetFY 25-26 EstimatedFY 25-26 ProposedFY 26-27 ProposedFY 27-28 Mi l l i o n s Components: •Salaries •Retirement •Group Insurance •Other 3 4 3/24/2026 3 Repairs and Maintenance 5 $0 $5 $10 $15 $20 $25 $30 $35 $40 $45 $50 Budget FY 25-26 Estimated FY 25-26 Proposed FY 26-27 Proposed FY 27-28 Mil l i o n s Components: •Materials and Services •Service Agreements Operating Materials and Supplies 6 $0 $5 $10 $15 $20 $25 $30 $35 $40 BudgetFY 25-26 EstimatedFY 25-26 ProposedFY 26-27 ProposedFY 27-28 Mi l l i o n s Components: •Chemical Coagulants •Odor Control •Tools & Safety Equipment •Gas, Diesel & Oil 5 6 3/24/2026 4 Contractual Services 7 $0 $5 $10 $15 $20 $25 $30 Budget FY 25-26 Estimated FY 25-26 Proposed FY 26-27 Proposed FY 27-28 Mil l i o n s Components: •Solids Removal •Grounds, Janitorial, Security •County Service Fee •Temporary Service •Outside Lab Services •Contracted Services, Other Utilities 8 $0 $2 $4 $6 $8 $10 $12 $14 $16 $18 BudgetFY 25-26 EstimatedFY 25-26 ProposedFY 26-27 ProposedFY 27-28 Mi l l i o n s Components: •Power •Water •Natural Gas •Telephone 7 8 3/24/2026 5 Professional Services 9 $0 $2 $4 $6 $8 $10 $12 $14 Budget FY 25-26 Estimated FY 25-26 Proposed FY 26-27 Proposed FY 27-28 Mil l i o n s Components: •Legal Services •Engineering Services •Advocacy Efforts •Audit and Accounting •Software Program Consultant Other 10 $0 $5 $10 $15 $20 $25 $30 BudgetFY 25-26 EstimatedFY 25-26 ProposedFY 26-27 ProposedFY 27-28 Mi l l i o n s Components: •Property & General Liability •Regulatory Operating Fees •Feasibility Studies •General Manager Contingency •Prior year Appropriations •Administrative •Research & Monitoring 9 10 3/24/2026 6 Cost Allocation 11-$30 -$25 -$20 -$15 -$10 -$5 $0 Budget FY 25-26 Estimated FY 25-26 Proposed FY 26-27 Proposed FY 27-28 Mi l l i o n s Summary 12 Proposed FY 27-28 Proposed FY 26-27 Estimated FY 25-26 Budget FY 25-26 $150.7$141.9$130.2$130.9Salaries, Wages and Benefits 167.1163.5152.5137.8Materials, Supplies and Services (28.0)(26.7)(22.4)(22.4)Cost Allocation $289.8 $278.7$260.3$246.3Net Operating Expenses $11.1$18.4$14.0Change from Adopted Budget 4.0%13.2%5.7% Operating Expenses (Millions) 11 12 3/24/2026 7 Key Meeting Dates 13 January February March April May June Revenues and Reserves Operations Administration Expenditures Operations Administration CIP Operations Administration Proposed 2-Year Budget Operations AdministrationBoard Insurance Administration Budget Assumptions and Calendar Board 14 Information item. Recommendation 13 14 OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2026-4820 Agenda Date:4/1/2026 Agenda Item No:8. FROM:Robert Thompson, General Manager Originator: Lan C. Wiborg, Director of Environmental Services SUBJECT: PRETREATMENT PROGRAM UPDATE GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND OC San supports regulatory compliance among its sewer users through a comprehensive pretreatment and source control program (“Program”)that includes permitting,inspecting,monitoring, reporting,and enforcement.Since July 1,2025,staff have collaborated with legal counsel to update the 1995 Enforcement Response Plan (ERP)to ensure OC San’s compliance determination and enforcement processes are legally sound and defensible.Staff will provide an overview of the Program and progress report on the ERP update. RELEVANT STANDARDS ·Protect public safety ·Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities ·Make it easy for people to understand OC San’s roles and value to the community ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Presentation Orange County Sanitation District Printed on 3/24/2026Page 1 of 1 powered by Legistar™ 3/24/2026 1 Pretreatment Program Update Presented by: Lan C. Wiborg Director of Environmental Services Operations Committee April 1, 2026 Outline 2 Overview of major updates in OC San’s pretreatment programOverview of major updates in OC San’s pretreatment programProvide Regulatory drivers for updatesRegulatory drivers for updatesHighlight Future items requiring Board review and approvalFuture items requiring Board review and approvalPreview 1 2 3/24/2026 2 Background 3 Program Overview 4 Origin • 40 CFR Part 403 • A component of NPDES Program • Federally mandated for POTWs >5 MGD Purpose • Enable “indirect discharge” from industries • Prevent contaminant pass-throughs and interferences 3 4 3/24/2026 3 Industrial Discharge to OC San 5 Diverse and large number of industries in service area Approximately 12 percent of total flow Over 500 facilities currently permitted On-site treatment required before discharge Program Components 6 OC San Pretreatment Program Significant Industrial User Federal Categorical Industries Fats, Oil, and Grease Other (e.g., Federal Dental Amalgam Rule, radiator shops, dry cleaners, etc.) 5 6 3/24/2026 4 Protecting Collection System 7 Protecting Treatment System 8 Microorganisms are Key to Secondary Treatment …and to Biosolids 7 8 3/24/2026 5 History of Success 9 Heavy Metals (mass) lb/d MGD Program functions as extension of U.S. EPA authority Periodic EPA inspections Audit feedback drives comprehensive permitting Regulatory Drivers for Updates 10 9 10 3/24/2026 6 Program Improvements Underway 11 Update Enforcement Response Plan Modernize industrial user identification procedure Implement new facility survey and permitting Align staffing with program growth Enforcement Response Plan Update 12 Compliance-first philosophy Align with federal and state enforcement policies Fair, firm, consistent, and transparent process Reasonable, sustainable, and defensible enforcement Updated ERP will require Board approval 11 12 3/24/2026 7 Modernizing Industrial User Identification 13 Current process inefficient and incomplete Search using GIS-based business analytic tools >300 potential additional categorical industries found Thousands more potential users detected Expand Industrial Facility Surveys 14 Survey newly identified facilities Determine permit requirements Ensure compliance with federal mandates Ensure equity among dischargers and compliance with Prop. 218 13 14 3/24/2026 8 Staffing and Program Growth 15 Increased inspections, permitting, monitoring, sample analysis Additional permit engineers, inspectors, laboratory scientists Cost-neutral staffing level (cost borne by permit/user fees) Program evolving to meet regulatory requirements Improvements: ERP, analytics, surveys Plan ensures compliance and system protection Future Board items - Staffing - ERP Summary 15 16 3/24/2026 9 Informational Item. Recommendation 17 17 OPERATIONS COMMITTEE Agenda Report Headquarters 18480 Bandilier Circle Fountain Valley, CA 92708 (714) 593-7433 File #:2026-4855 Agenda Date:4/1/2026 Agenda Item No:9. FROM:Robert Thompson, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: UPDATE ON DEVELOPMENT OF THE ORANGE COUNTY SANITATION DISTRICT EASEMENT MANAGEMENT POLICY GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND At a previous Committee Meeting,it was requested that staff provide a status report on the development of the Orange County Sanitation District Easement Management Policy. RELEVANT STANDARDS ·Protect OC San assets ·Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: N/A Orange County Sanitation District Printed on 3/25/2026Page 1 of 1 powered by Legistar™ 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 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 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 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.