HomeMy WebLinkAbout05-06-2026 Operations Committee Complete Agenda PacketNOTICE OF REGULAR MEETING AGENDA
PUBLIC PARTICIPATION NOTICE
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE
MAY 6, 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.
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OC San Headquarters: 18480 Bandilier Circle, Fountain Valley, CA 92708
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ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: May 6, 2026 Time: 5:00 p.m.
COMMITTEE MEMBERS (13)
OTHERS
STAFF
OPERATIONS COMMITTEE
Regular Meeting Agenda
Wednesday, May 6, 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, May 6, 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.
1.2026-4722APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Operations Committee held April 1,
2026.
Originator:Kelly Lore
Attachments:
2.2026-4880ON-CALL TRAFFIC CONTROL SERVICES, SPECIFICATION NO.
S-2026-715BD
RECOMMENDATION:
A. Approve a General Services Contract to RCS Safety, LLC to provide On-Call
Traffic Control Services, Specification No. S-2026-715BD, for a total amount not
to exceed $188,570 for the period of May 15, 2026, through May 14, 2027, with
four (4) optional one-year renewal options; and
Page 2 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 6, 2026
B. Approve an annual contingency of $37,714 (20%).
Originator:Riaz Moinuddin
Attachments:
3.2026-4886QUARTERLY ODOR COMPLAINT REPORT
RECOMMENDATION:
Receive and file the Fiscal Year 2025-26 Third Quarter Odor Complaint Report.
Originator:Riaz Moinuddin
Attachments:
NON-CONSENT:
4.2025-4188SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1,
PROJECT NO. P1-137
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Support Buildings
Seismic Improvements at Plant No. 1, Project No. P1-137;
B. Approve a project budget increase of $3,000,000 for Support Buildings Seismic
Improvements at Plant No. 1, Project No. P1-137, for a new total project budget
of $33,500,000;
C. Award a Construction Contract Agreement to Icon West, Inc. for Support
Buildings Seismic Improvements at Plant No. 1, Project No. P1-137, for a total
amount not to exceed $21,808,000; and
D. Approve a contingency of $2,180,800 (10%).
Originator:Mike Dorman
Attachments:
Page 3 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 6, 2026
5.2025-4189SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1,
PROJECT NO. P1-137
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Simpson
Gumpertz & Heger, Inc., to provide construction support services for Support
Buildings Seismic Improvements at Plant No. 1, Project No. P1-137, for a total
amount not to exceed $1,878,000; and
B. Approve a contingency of $187,800 (10%).
Originator:Mike Dorman
Attachments:
INFORMATION ITEMS:
6.2026-4836FY 2026-27 AND 2027-28 CAPITAL IMPROVEMENT PROGRAM
BUDGET EXPENDITURES
RECOMMENDATION:
Information Item.
Originator:Mike Dorman
Attachments:
7.2026-4671ENGINEERING CONTRACTS
RECOMMENDATION:
Information Item.
Originator:Mike Dorman
Attachments:
DEPARTMENT HEAD REPORTS:
Page 4 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, May 6, 2026
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Operations Committee on June 3, 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
April 29, 2026
Page 5 of 5
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4722 Agenda Date:5/6/2026 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 April 1, 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:
·April 1, 2026 Operations Committee meeting minutes
Orange County Sanitation District Printed on 4/24/2026Page 1 of 1
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Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, April 1, 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 Committee Chairman Pat Burns on Wednesday, April 1, 2026 at 5:00 p.m.
in the Orange County Sanitation District Headquarters. Committee Vice Chairman Carlos A.
Leon led the Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM:
Assistant Clerk of the Board Jackie Castro declared a quorum present as follows:
PRESENT:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Stephanie Klopfenstein, Lisa Landau, Carlos Leon, Robert Ooten,
Dan Ferons (Alternate) and Gene Hernandez (Alternate)
ABSENT:Johnathan Ryan Hernandez and Bonnie Peat
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Jennifer Cabral, Director of Communications; Mike Dorman, Director of
Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of
Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of
Environmental Services; Jackie Castro, Assistant Clerk of the Board; Mo Abiodun; Jon
Bradley; Cheri Calisang; Don Cutler; Jason Daniel; Martin Dix; Bryce Dragan; Justin Fenton;
David Haug; Mark Kawamoto; Tania Moore; Nick Oswald; Becky Polcyn; Omeed Pour;
Jonathon Powell; Aldwin Ramirez; Valerie Ratto; Kevin Work; and Ruth Zintzun were present
in the Board Room.
OTHERS PRESENT: Mal Richardson, General Counsel; Larry and Terry Strohm, Big Sky
Electric; and Cherylle Barrido and Ruby Kaura, Brown and Caldwell, were present in the
Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Burns and General Manager Rob Thompson did not provide reports.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2026-4721
Page 1 of 6
OPERATIONS COMMITTEE Minutes April 1, 2026
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Operations Committee held March 4,
2026.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Stephanie Klopfenstein, Lisa Landau, Carlos Leon, Dan Ferons
(Alternate) and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Robert Ooten and Bonnie Peat
ABSTENTIONS:None
2.MACARTHUR PUMP STATION REHABILITATION, PROJECT NO.
7-63
2025-4499
Originator: Mike Dorman
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%).
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Stephanie Klopfenstein, Lisa Landau, Carlos Leon, Dan Ferons
(Alternate) and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Robert Ooten and Bonnie Peat
ABSTENTIONS:None
NON-CONSENT:
3.CENTRAL GENERATION ENGINE NO. 1 INSPECTION AND
REPAIRS, SPECIFICATION NO. BSS-2026-728BD
2026-4840
Originator: Riaz Moinuddin
Page 2 of 6
OPERATIONS COMMITTEE Minutes April 1, 2026
MOVED, SECONDED, AND DULY CARRIED TO: 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.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Stephanie Klopfenstein, Lisa Landau, Carlos Leon, Dan Ferons
(Alternate) and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Robert Ooten and Bonnie Peat
ABSTENTIONS:None
Director Bob Ooten arrived at the meeting at 5:10 p.m.
4.MASTER REIMBURSEMENT AGREEMENT FOR MANHOLE FRAME
AND COVER OVERLAY
2026-4832
Originator: Riaz Moinuddin
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.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Stephanie Klopfenstein, Lisa Landau, Carlos Leon, Robert Ooten,
Dan Ferons (Alternate) and Gene Hernandez (Alternate)
Page 3 of 6
OPERATIONS COMMITTEE Minutes April 1, 2026
NOES:None
ABSENT:Johnathan Ryan Hernandez and Bonnie Peat
ABSTENTIONS:None
5.HEADWORKS ELECTRICAL DISTRIBUTION IMPROVEMENTS AT
PLANT NO. 2, PROJECT NO. P2-141
2025-4190
Originator: Mike Dorman
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.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Stephanie Klopfenstein, Lisa Landau, Carlos Leon, Robert Ooten,
Dan Ferons (Alternate) and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Bonnie Peat
ABSTENTIONS:None
INFORMATION ITEMS:
6.FY 2025-26 BUDGET AMENDMENT 2026-4853
Originator: Wally Ritchie
Page 4 of 6
OPERATIONS COMMITTEE Minutes April 1, 2026
Budget Amendment outlining the requested budget increase, the Capital Improvement
Program, operating expenses, and revenues.
ITEM RECEIVED AS AN:
Information Item.
7.FY 2026-27 AND 2027-28 OPERATING BUDGET EXPENDITURES 2026-4669
Originator: Wally Ritchie
Information Item.
8.PRETREATMENT PROGRAM UPDATE 2026-4820
Originator: Lan Wiborg
Information Item.
9.UPDATE ON DEVELOPMENT OF THE ORANGE COUNTY
SANITATION DISTRICT EASEMENT MANAGEMENT POLICY
2026-4855
Originator: Lorenzo Tyner
Page 5 of 6
OPERATIONS COMMITTEE Minutes April 1, 2026
language, initial easement assessment, easement evaluation, policy and procedures.
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Burns declared the meeting adjourned at 6:12 p.m. to the next Regular Operations
Committee meeting to be held on Wednesday, May 6, 2026 at 5:00 p.m.
Submitted by:
_____________________
Jackie Castro, 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 #:2026-4880 Agenda Date:5/6/2026 Agenda Item No:2.
FROM:Robert Thompson, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
ON-CALL TRAFFIC CONTROL SERVICES, SPECIFICATION NO. S-2026-715BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a General Services Contract to RCS Safety, LLC to provide On-Call Traffic Control
Services, Specification No. S-2026-715BD, for a total amount not to exceed $188,570 for the
period of May 15, 2026, through May 14, 2027, with four (4) optional one-year renewal
options; and
B. Approve an annual contingency of $37,714 (20%).
BACKGROUND
The purpose of this General Services Contract is to provide traffic control services in support of
Orange County Sanitation District (OC San)maintenance activities.The Contractor will prepare
traffic control plans for submittal to cities and other agencies;install,maintain,and remove traffic
control devices;and provide the necessary signage,personnel,and equipment to ensure safe and
compliant work zones.These services support OC San’s planned preventive,corrective,and
construction maintenance programs and ensure the safety of OC San staff and the public.
RELEVANT STANDARDS
·Protect OC San assets
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
·Protect public safety
PROBLEM
OC San routinely performs field maintenance and construction support activities,such as pipeline
cleaning and inspection,manhole entry,and repairs,to maintain system capacity and performance.
These operations occur within public rights-of-way and require lane closures and traffic control
measures.In addition,many cities are now requiring stamped traffic control plans as part of the
permitting process.Without appropriate traffic control,these activities can pose safety hazards,
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File #:2026-4880 Agenda Date:5/6/2026 Agenda Item No:2.
potential delays to critical work, and may lead to non-compliance with local permit requirements.
PROPOSED SOLUTION
Approve a General Services Contract to provide on-call traffic control services in support of OC San’s
Collection’s system maintenance,repair,and construction activities.The contract includes
preparation of traffic control plans for permit coordination with local agencies,provision of qualified
personnel,and the installation and removal of traffic control devices to support work within public
rights-of-way.Services should be performed in accordance with applicable state and local standards
and include both scheduled and emergency response capabilities.These services will provide safe,
compliant,and efficient work zones,enabling OC San to maintain conveyance capacity and
treatment performance.
TIMING CONCERNS
The current service contract expires on April 30,2026.Approval of a new contract is necessary to
ensure continuity of traffic control services that support ongoing maintenance and construction
activities.
RAMIFICATIONS OF NOT TAKING ACTION
Without this contract,OC San may be unable to safely and efficiently perform field maintenance and
construction activities within public rights-of-way.This could increase risks for staff and the public,
result in non-compliance with local agency requirements,delay critical work,and potentially lead to
higher costs due to project inefficiencies and disruptions to system operations.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
An Invitation for Bid was issued on February 19,2026,via OpenGov.Bids were due on March 17,
2026.OC San received four bids;however,one was deemed non-responsive due to not meeting the
financial evaluation requirements.
Company Name Bid Determination
RCS Safety, LLC $ 188,570.00 Responsive/Responsible
Alpha Traffic Services, Inc $ 345,700.00 Non-Responsive/Responsible
Myers & Sons Hi-Way Safety, Inc.$ 390,670.00 Responsive/Responsible
Straight Arrow Traffic Control $ 598,369.65 Responsive/Responsible
Contract Estimate: $480,000.00
Based on these results,staff recommend approving a General Services Contract to RCS Safety,
LLC.The term of this Contract will begin upon effective date of the Notice to Proceed with four (4)
optional one-year renewals.
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File #:2026-4880 Agenda Date:5/6/2026 Agenda Item No:2.
A 20%contingency is proposed to address increasing requests for stamped traffic-control plans to
meet growing permitting requirements.
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 and Maintenance)and the budget is
sufficient for the recommended action.
Date of Approval Contract Amount Contingency
05/06/2026 $188,570 $37,714 (20%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·General Services Contract
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General Services Contract 1 of 11 Specification No. S-2026-715BD Revision 121924
GENERAL SERVICES CONTRACT On-Call Traffic Control Services Specification No. S-2026-715BD This GENERAL SERVICES CONTRACT (hereinafter referred to as “Contract”), is made and entered into as of the date fully executed below, by and between Orange County Sanitation District (hereinafter referred to as “OC San”) and RCS Safety, LLC (hereinafter referred to as “Contractor”),
and collectively referred to herein as the “Parties.” R E C I T A L S WHEREAS, OC San desires to retain the services of Contractor for On-Call Traffic Control Services
as described in Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, Contractor is qualified to perform the Services by virtue of experience, training, education, and expertise; and
WHEREAS, OC San desires to engage Contractor to provide the Services; and WHEREAS, OC San selected Contractor to provide the Services in accordance with OC San’s current Purchasing Ordinance; and
WHEREAS, on May 6, 2026, OC San’s Operations Committee by minute order, authorized execution of this Contract.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and benefits specified below, the Parties agree as follows:
1. General. 1.1 This Contract and all exhibits hereto are made by OC San and Contractor.
1.2 The following exhibits, in order of precedence, are incorporated by reference and made part of this Contract. Exhibit “A” – Scope of Work Exhibit “B” – Bid Price Form
Exhibit “C” – Determined Insurance Requirement Form Exhibit “D” – Contractor Safety Standards Exhibit “E” – Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and
any of the provisions of the exhibits hereto, the provisions in the Contract shall control and thereafter the provisions in the document highest in precedence shall be controlling. 1.4 Except as expressly provided otherwise, OC San accepts no liability for any expenses,
losses, or actions incurred or undertaken by Contractor as a result of work performed in anticipation of acquisition of the Services by OC San. 1.5 Work Hours: Shall be as specified in Exhibit “A.” 1.6 Days: Shall mean calendar days, unless otherwise noted.
General Services Contract 2 of 11 Specification No. S-2026-715BD Revision 121924
1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
1.8 Work: Shall mean all work, labor, and materials necessary to provide the Services. 1.9 The provisions of this Contract may be amended or waived only by an amendment
executed by authorized representatives of both Parties. 1.10 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof. 2. Scope of Work. 2.1 Contractor shall perform the Services identified in Exhibit “A” in accordance with generally accepted industry and professional standards.
2.2 Modifications to Scope of Work. OC San shall have the right to modify the Scope of Work at any time. All modifications must be made by an amendment signed by both Parties.
2.3 Familiarity with Work. By executing this Contract, Contractor warrants that: (a) it has investigated the work to be performed; (b) it understands the facilities, difficulties, and restrictions of the work under this Contract. Should Contractor discover any latent or unknown condition materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at
Contractor’s risk, until written instructions are received from OC San. 2.4 Performance. Time is of the essence in the performance of the provisions hereof. 3. Contract Term. 3.1 The Services shall be completed withing one year from the effective date of the Notice to Proceed.
3.2 Renewals. At its sole discretion, OC San may exercise the option to renew this Contract for up to four (4) one-year periods. This Contract may be renewed by an OC San Purchase Order. OC San shall have no obligation to renew the Contract nor to give a reason if it elects not to renew it.
3.3 Extensions. The term of this Contract may be extended only by an amendment signed by both Parties. 4. Compensation.
4.1 As compensation for the Services provided under this Contract, OC San shall pay Contractor a total amount not to exceed One Hundred Eighty-Eight Thousand Five Hundred Seventy Dollars ($188,570.00). 4.2 Contractor shall provide OC San with all required premiums and/or overtime work at no
charge beyond the amount specified above.
General Services Contract 3 of 11 Specification No. S-2026-715BD Revision 121924
5. Payments and Invoicing. 5.1 OC San shall pay itemized invoices for work completed in accordance with Exhibit “A” thirty (30) days from receipt of the invoice and after approval by OC San’s Project Manager or designee. OC San shall be the determining party, in its sole discretion, as to whether the Services have been satisfactorily completed. 5.2 Contractor shall submit its invoices to OC San Accounts Payable by electronic mail to
APStaff@OCSan.gov. In the subject line include “INVOICE” and the Purchase Order Number. 6. California Department of Industrial Relations Registration and Record of Wages. 6.1 To the extent Contractor’s employees and/or its subcontractors perform work related to
this Contract for which Prevailing Wage Determinations have been issued by the California Department of Industrial Relations (DIR) as more specifically defined under Labor Code section 1720 et seq., prevailing wages are required to be paid for applicable work under this Contract. It is Contractor’s responsibility to interpret and implement any
prevailing wage requirements and Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. 6.2 Contractor and its subcontractors shall comply with the registration requirements of Labor Code section 1725.5. Pursuant to Labor Code section 1771.4(a)(1), the work is subject
to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). 6.3 Pursuant to Labor Code section 1773.2, a copy of the prevailing rate of per diem wages is available upon request at OC San’s principal office. The prevailing rate of per diem
wages may also be found at the DIR website for prevailing wage determinations at http://www.dir.ca.gov/DLSR/PWD. 6.4 Contractor and its subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulations section 16461(e). Pursuant to Labor Code sections 1773.2 and 1771.4(a)(2), Contractor shall post a copy of the prevailing rate of per diem wages at the job site.
6.5 Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code section 1776. Contractor and its subcontractors shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). Pursuant to Labor Code section 1776, 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. 6.5.1 As a condition to receiving payments, Contractor agrees to present to OC San, along with any request for payment, all applicable and necessary certified payrolls and other required documents for the period covering such payment request. Pursuant to Title 8, California Code of Regulations section 16463, OC San shall withhold any portion of a payment, up to and including the entire payment amount,
General Services Contract 4 of 11 Specification No. S-2026-715BD Revision 121924
until certified payroll forms and any other required documents are properly submitted. In the event certified payroll forms do not comply with the requirements of Labor Code section 1776, OC San may continue to withhold
sufficient funds to cover estimated wages and penalties under the Contract. 6.6 Contractor and its subcontractors shall comply with Labor Code section 1774 and section 1775. Pursuant to Labor Code section 1775, Contractor and any of its subcontractors
shall forfeit to OC San a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any work. 6.6.1 In addition to the penalty and pursuant to Labor Code section 1775, the difference
between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor or its subcontractor.
6.7 Contractor and its subcontractors shall comply with Labor Code sections 1810 through 1815. Contractor and its subcontractors shall restrict working hours to eight (8) hours per day and forty (40) hours per week, except that work performed in excess of those limits shall be permitted upon compensation for all excess hours worked at not less than one and one-half (1.5) times the basic rate of pay, as provided in Labor Code section 1815. Contractor shall forfeit, as a penalty to OC San, twenty-five dollars ($25) per worker per calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of Labor Code sections 1810 through 1815. 6.8 Contractor and its subcontractors shall comply with Labor Code sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices by Contractor or any subcontractor. 6.9 Contractor shall include, at a minimum, a copy of the following provisions in any contract it enters into with any subcontractor: Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860, and 1861. 6.10 Pursuant to Labor Code sections 1860 and 3700, 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.
General Services Contract 5 of 11 Specification No. S-2026-715BD Revision 121924
7. Damage to OC San’s Property. Any of OC San’s property damaged by Contractor, any subcontractor, or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San. 8. Freight (F.O.B. Destination). Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
9. Audit Rights. Contractor agrees that, during the term of this Contract and for a period of three (3) years after its expiration or termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract.
10. Contractor Safety Standards and Human Resources Policies. OC San requires Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as the Contractor Safety Standards while working at OC San locations.
If, during the course of the Contract, it is discovered that the Contractor Safety Standards do not comply with Federal, State, or local regulations, Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor, its subcontractors, and all of their employees shall adhere to the safety requirements in Exhibit “A,” all applicable Contractor Safety Standards in Exhibit “D,” and the Human Resources
Policies in Exhibit “E.” 11. Insurance. Contractor and all its subcontractors shall purchase and maintain, throughout the term of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Exhibit “C” – Determined Insurance Requirement
Form. Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to obtain and maintain the required insurance coverage shall result
in termination of this Contract. 12. Bonds. Not used. 13. Indemnification and Hold Harmless Provision. Contractor shall assume all responsibility
for damages to property and/or injuries to persons, including accidental death, which may arise out of or may be caused by Contractor’s Services under this Contract, or by its subcontractor(s), or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OC San, Contractor shall
indemnify, protect, defend, and hold harmless OC San, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, damages, or expenses of any nature, including attorneys’ fees: (a) for injury to or death of any person, or damage to property, or interference with the use of property arising out of or in connection with
Contractor’s performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process; or any patented or unpatented invention, article, or appliance furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on
the part of Contractor or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor’s duty to defend shall apply whether or not such claims,
General Services Contract 6 of 11 Specification No. S-2026-715BD Revision 121924
allegations, lawsuits, or proceedings have merit or are meritless; or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent; or which otherwise assert that the parties to be defended are responsible, in whole
or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. This section shall survive the expiration or early termination of the Contract.
14. Independent Contractor. The relationship between the Parties hereto is that of an independent contractor and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San’s officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees. 15. 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. 16. Disclosure. Contractor agrees not to disclose, to any third party, data or information generated from this Contract without the prior written consent from OC San. 17. Non-Liability of OC San Officers and Employees. No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San, or for any amount which may become due to Contractor or to its successor, or for breach of any obligation under the terms of this Contract.
18. Third-Party Rights. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor. 19. Applicable Laws and Regulations. Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold OC San harmless from any and all damages and liabilities assessed against OC San as a result of Contractor’s noncompliance therewith. Any provision required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically included or
referenced. 20. Licenses, Permits, Ordinances, and Regulations. Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to provide the Services. Any and all fees required by Federal, State, County, City, and/or municipal laws, codes, and/or tariffs that pertain to the work performed under this Contract will be paid by Contractor. 21. Regulatory Requirements. Contractor shall perform all work under this Contract in strict
conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and Water Codes Division 2. 22. Environmental Compliance. Contractor shall, at its own cost and expense, comply with all
Federal, State, and local environmental laws, regulations, and policies which apply to
General Services Contract 7 of 11 Specification No. S-2026-715BD Revision 121924
Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 23. South Coast Air Quality Management District’s Requirements. It is Contractor’s responsibility to ensure that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open
field spray painting, or demolition of asbestos containing components or structures shall comply with the appropriate rules and regulations of SCAQMD. 24. 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 25. Warranties. In addition to the warranties stated in Exhibit “A,” the following shall apply: 25.1 Manufacturer’s standard warranty shall apply. All manufacturer warranties shall
commence on the date of acceptance of the work as complete by the OC San Project Manager or designee. 25.2 Contractor’s Warranty (Guarantee): If within a one (1) year period of completion of all work specified in Exhibit “A,” OC San informs Contractor that any portion of the Services
provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OC San and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 26. Dispute Resolution. 26.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation
shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County (“JAMS”), or any similar organization or entity conducting an alternate dispute resolution process.
26.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to Code of Civil Procedure, Part 3, Title 9, sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those
two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to Code of Civil Procedure section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator’s decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a
General Services Contract 8 of 11 Specification No. S-2026-715BD Revision 121924
right of appeal from any judgment issued therein. 27. Liquidated Damages. Not used. 28. Remedies. In addition to other remedies available in law or equity, if Contractor fails to make delivery of the goods and Services or repudiates its obligations under this Contract, or if OC San rejects the goods or Services or revokes acceptance of the goods and Services, OC San
may (a) cancel the Contract; (b) recover whatever amount of the purchase price OC San has paid, and/or (c) “cover” by purchasing, or contracting to purchase, substitute goods and Services for those due from Contractor. In the event OC San elects to “cover” as described in (c), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods and Services and the Contract price, together with any
incidental or consequential damages. 29. Force Majeure. Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government, or any other cause beyond its control, but the
affected party shall use reasonable efforts to minimize the extent of the delay. Work affected by a force majeure condition may be rescheduled by mutual consent of the Parties. 30. Termination. 30.1 OC San reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OC San. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) through the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the
uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further fee, cost, or claim hereunder by Contractor other than for work performed through the date of termination.
30.2 OC San reserves the right to terminate this Contract immediately upon OC San’s determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or for any other default of this Contract. 30.3 OC San may also immediately terminate this Contract for default, in whole or in part, by
written notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if the total amount of compensation exceeds the amount authorized under this Contract. 30.4 All OC San’s property in the possession or control of Contractor shall be returned by Contractor to OC San on demand or at the expiration or early termination of this Contract, whichever occurs first. 31. Attorney’s Fees. If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and
General Services Contract 9 of 11 Specification No. S-2026-715BD Revision 121924
necessary disbursements in addition to any other relief to which the prevailing party may be entitled. 32. Waiver. The waiver by either party of any breach or violation of, or default under, any provision of this Contract shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights
to seek remedies available to it for any subsequent breach. 33. Severability. If any section, subsection, or provision of this Contract; or any agreement or instrument contemplated hereby; or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection, or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 34. Survival. The provisions of this Contract dealing with payment, warranty, indemnity, and forum for enforcement shall survive expiration or early termination of this Contract. 35. Governing Law. This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange in the event
any action is brought in connection with this Contract or the performance thereof. 36. Notices. 36.1 All notices under this Contract must be in writing. Written notice shall be delivered by personal service, by electronic telecommunication, or sent by registered or certified mail,
postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of
the notice, demand, or request sent. All notices shall be effective when first received at the following addresses: OC San: Natalia Bello
Buyer Orange County Sanitation District 18480 Bandilier Circle Fountain Valley, CA 92708 nbello@ocasn.gov
Contractor: Greg Santone Chief Operations Officer/ Owner RCS Safety, LLC 900 S. Maple Ave Montebello, CA 90640 Gsantone@rcssafety.com 36.2 Each party shall provide the other party written notice of any change in address as soon as practicable.
General Services Contract 10 of 11 Specification No. S-2026-715BD Revision 121924
37. Read and Understood. By signing this Contract, Contractor represents that it has read and understood the terms and conditions of the Contract.
38. Authority to Execute. The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound.
39. Entire Agreement. This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral communications and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
[Intentionally left blank. Signatures follow on the next page.]
General Services Contract 11 of 11 Specification No. S-2026-715BD Revision 121924
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by their duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: Pat Burns Chair, Operations Committee
Dated: _________________ By: Kelly A. Lore
Clerk of the Board Dated: _________________ By:
Kevin Work Purchasing & Contracts Manager RCS Safety, LLC
Dated: _________________ By: Greg Santone Chief Operations Officer
NB
EXHIBIT A Specification No. S-2026-715BD
EXHIBIT A
SCOPE OF WORK For On-Call Traffic Control Services
EXHIBIT A Page 1 of 4 Specification No. S-2026-715BD
EXHIBIT A SCOPE OF WORK ON-CALL TRAFFIC CONTROL SERVICES SPECIFICATION NO. S-2026-715BD
1. Purpose
Orange County Sanitation District (OC San) is seeking on-call traffic control and barricade services to support a broad range of Collection’s system maintenance, repair, and construction activities. These services are necessary to ensure that OC San personnel can
safely conduct inspections, repairs, routine operations, sewer line cleaning, and other essential field activities. 2. Background
OC San is a public agency responsible for collecting, treating, and safely disposing of wastewater and its residuals for 2.6 million residents and businesses across the region. The agency maintains approximately 384 miles of sewers with approximately 4533 manhole structures throughout the Orange County area. OC San also operates two treatment plants: Plant 1 located at 10844 Ellis Ave, Fountain Valley, California 92708 and Plant 2 located at
22212 Brookhurst St., Huntington Beach, California 92646.
3. Location of Work All the OC San service area- See Appendix A: OC San Service Area Map.
4. General Work Description a. The work scope is for Traffic Control Services on an as needed basis to provide:
1. Vehicular / pedestrian traffic lane closures
2. Standard / engineered traffic control plans b. The Contractor’s specific layout, setup and development of traffic control plans shall be governed by the following standards:
1. California Manual on Uniform Traffic Control Devices (California MUTCD)
2. California Joint Utility Traffic Control Manual (CJUTCM)
3. Any other applicable standards as required from local Orange County, California
cities and public agencies.
5. Requirements/Qualifications a. The Contractor shall actively employ American Traffic Safety Services Association (ATSSA) Certified Traffic Control Technicians and ATSSA Certified Flaggers.
b. The Contractor shall furnish all traffic control/barricade services and traffic control plans in accordance with these specifications, as well as all city, county, and state permit requirements. The Agency with permit jurisdiction will be the overriding authority
in work under this Contract.
EXHIBIT A Page 2 of 4 Specification No. S-2026-715BD
c. The Contractor shall furnish all labor, materials, services and equipment necessary for the planning, delivery, placement, maintenance, and removal of traffic control signage
and barricades. d. The Contractor shall provide any permit required standard design traffic control drawings/submissions and/or engineered stamped design traffic control drawings/ submissions.
e. Engineered design traffic control drawings must be stamped by an engineer registered in the State of California.
f. Traffic Control services shall be performed in a manner that is acceptable and approved by all regulating agencies.
6. Hours of work a. Normal Service Hours: 7:00 a.m. to 4:30 p.m. - Monday thru Friday, excluding OC San Holidays.
b. Regular Hourly Labor Rates (Scheduled work during Normal Service Hours): Shall be paid hourly to a maximum of eight (8) hours per work day.
c. Overtime Hourly Labor Rates (Any work performed outside of Normal Service Hours [between 4:30 p.m. and 7:00 a.m.], work more than eight (8) hours per day, work on weekends, and work on holidays): Shall be paid in accordance with the appropriate prevailing wage multipliers. 7. Response Time
a. Assuming the permit for the city is approved, the Contractor shall provide standard traffic control services for any work requested within two (2) days of advanced notification by the OC San Project Manager.
b. The Contractor shall provide emergency traffic control services within two (2) hours of notification by the OC San Project Manager. All emergency traffic control services shall include an emergency mobilization charge for the first day of each emergency traffic
control service. 8. Traffic Control Plan Design a. The Contractor will create and perform traffic control plans as required for permit approval and assignment. b. The design of the Traffic Control Plan shall, at a minimum, conform to CJUTCM and/or any other applicable standards required by the permitting agency.
c. Provide OC San Project Manager a copy of the issued permit and copies of all other documents submitted to the permitting agency for approval.
EXHIBIT A Page 3 of 4 Specification No. S-2026-715BD
9. Traffic Control Setup a. The Contractor is required at the start of the project to set up all the stationary equipment, temporary traffic control signs, and other associated devices at the work sites prior to arrival of OC San staff.
b. At the beginning and end of each workday, the Contractor shall inspect and ensure that all the equipment, signs and devices are still positioned strategically. If any are
found missing or additional signs and devices are needed, the Contractor will replace them or add new ones immediately. c. All traffic control setups (including equipment, signs, and devices used for traffic lane
closures) will be removed on the day of the completion of the project. d. Traffic Control shall be set per site specific traffic control plans and traffic control permit requirements or per applicable standards as required by the setup location.
e. All setups shall be subject to observation and inspection by the OC San Project Manager or Designee City, County or State inspectors and staff for the verification of setup accuracy and compliance. Governing agency issuing the permit has final authority for compliance.
f. Upon completion of the job, the OC San Project Manager or onsite Designee shall receive a signed receipt of work completed (lanes closed and duration with number of techs).
g. All services shall be provided on an as needed basis at the direction of the OC
San Project Manager. h. Work will not begin until authorized by the OC San Project Manager or Designee in the event of an emergency. 10. Invoicing a. Invoices shall be itemized, with each line item referencing a corresponding line on the bid price form. b. All invoices shall include a work order number (provided by the OC San Project Manager). c. Encroachment permit fees will be reimbursed upon submittal of invoice. A copy of the permit is to be attached to the invoice. d. If a damage deposit is required, OC San shall pay 10% if the deposit is equal to or less than $1,000.00 and 20% if deposit is greater than $1,000.00. A copy of the damage deposit receipt shall be attached to the invoice for verification. If, any part of the damage deposit is not returned from the permitting agency, the Contractor shall submit a new invoice at that time, referencing the amount with a receipt of the withheld damage
deposit.
EXHIBIT A Page 4 of 4 Specification No. S-2026-715BD
11. Staff Assistance
a. The Contractor will be assigned a single point of contact on this Contract for all planned work. Any meetings and/or correspondence related to this Contract shall be scheduled and approved by the OC San Project Manager or Designee. b. Emergency response: 1. A secondary list of Designees will be provided that may contact the Contractor in the
event of an emergency.
APPENDIX A Specification No. S-2026-715BD
APPENDIX A OC SAN SERVICE AREA MAP
For On-Call Traffic Control Services
BREALA HABRA
FULLERTON YORBALINDAPLACENTIA
BUENAPARK ANAHEIM
LAPALMA
CYPRESS
ORANGE
VILLAPARK
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STANTON
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SEALBEACH
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WESTMINSTER
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Collections Area Number in Service Area
Appendix A
0 1 2 3 40.5 Miles
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4886 Agenda Date:5/6/2026 Agenda Item No:3.
FROM:Robert Thompson, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
QUARTERLY ODOR COMPLAINT REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Fiscal Year 2025-26 Third Quarter Odor Complaint Report.
BACKGROUND
During the third quarter of FY 2025-26,the Orange County Sanitation District (OC San)had the
following attributable odor complaints:Plant No.1 had zero odor complaints,Plant No.2 had two
odor complaints,and the collection system had one odor complaint.A summary of the odor
complaints with a table tracking the history is included as an attachment.
RELEVANT STANDARDS
·Less than 10 events for the treatment plants, under normal operations
·Operate and maintain facilities to minimize impacts on surrounding communities,including
odor, noise, and lighting
·Less than 12 events for the collection system, under normal operations
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·FY 2025-26 Third Quarter Odor Complaint Report
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Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2025/26 – 3rd Quarter
1. Plant No. 1 Reclamation Facility Odor Complaint Summary
Plant No. 1 received no attributable odor complaints during the 3rd quarter.
2. Plant No. 2 Reclamation Facility Odor Complaint Summary
Plant No. 2 received two attributable odor complaints during the 3rd quarter from the same resident.
Both incidents were attributed to elevated nighttime hydrogen sulfide (H₂S) loading to the trickling filter
scrubbers on two consecutive days. In response, operations staff increased chemical dosing at the
scrubbers, which resolved the issue and prevented any further complaints.
3. Collections Facilities Odor Complaint Summary
The Collection System received one attributable odor complaint during the 3rd quarter, originating in
the City of Fountain Valley. The odor complaint was caused by pressurization and sewer ventilation.
The manhole has been sealed to reduce sewer odors, and a damaged gas flap has been replaced
to prevent foul air from entering the city sewer line.
All Odor Complaints Tracking
Jan. 2026 to Mar. 2026
1st Qtr
FY
25/26
2nd Qtr
FY
25/26
3rd Qtr
FY
25/26
4th Qtr
FY
25/26
Cumulative
FY 25/26
All Public
Complaints Collections P1 P2 Total Total Total Total Total
Attributable
to OC San 1 0 2 5 4 3 12
Not
Attributable
to OC San
2 1 5 15 5 8 28
Total Public
Complaints
Received:
3 1 7 20 9 11 40
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4188 Agenda Date:5/6/2026 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-137
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Support Buildings Seismic
Improvements at Plant No. 1, Project No. P1-137;
B. Approve a project budget increase of $3,000,000 for Support Buildings Seismic Improvements
at Plant No. 1, Project No. P1-137, for a new total project budget of $33,500,000;
C.Award a Construction Contract Agreement to Icon West, Inc. for Support Buildings Seismic
Improvements at Plant No. 1, Project No. P1-137, for a total amount not to exceed
$21,808,000; and
D. Approve a contingency of $2,180,800 (10%).
BACKGROUND
As part of the General Manager’s Workplan for FY 2017-2018,Orange County Sanitation District (OC
San)committed to enhancing the reliability of its infrastructure.To improve seismic resilience,OC
San completed the Seismic Evaluation of Structures at Plant Nos.1 and 2,Project No.PS15-06.
This study evaluated the performance of process facilities and support structures during a significant
seismic event.
Project No.PS15-06 initiated a facility-wide seismic upgrade program aligned with the Climate and
Catastrophic Event Resilience Policy in OC San’s 2021 Strategic Plan.The program prioritizes
seismic mitigation projects to be implemented over the next 20 years as part of the Capital
Improvement Program.
The study identified multiple staff-occupied buildings and critical structures at Plant No.1 with
deficiencies that would limit safety or immediate occupancy performance following a seismic event.
Based on the likelihood and consequences of failure,these structures were assigned a high priority
for remediation.
This project includes rehabilitation of the following buildings:Auto Shop;Control Center;Buildings A,
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File #:2025-4188 Agenda Date:5/6/2026 Agenda Item No:4.
This project includes rehabilitation of the following buildings:Auto Shop;Control Center;Buildings A,
B, 3, 5, and 6; Warehouse; and the 12-kV Service Center.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive and responsible bidder
·Protect OC San assets
·Commitment to safety & reducing risk in all operations
PROBLEM
The seismic evaluation identified structural deficiencies in staff-occupied and critical facilities at Plant
No.1 that could compromise building performance and staff safety during a seismic event.Although
these structures are not in immediate danger of failure,they are essential to plant operations and are
occupied daily by operations and maintenance staff.
The table below summarizes the affected buildings and their functions.
Building Name Building Description Staff
Auto Shop Vehicle maintenance 9
Control Center Central hub of operations at Plant No. 1 40
Building A Space for smaller maintenance activities 4
Building B and 3 Rebuild shop 8
Building 5 and 6 Main hub for the maintenance department (offices
and shop space)
49
Warehouse Storage of parts, materials, and equipment 7
12-kV Service Center Houses the electrical equipment that feeds the
different electrical buildings that power the
process equipment
0
PROPOSED SOLUTION
Award a Construction Contract Agreement to implement seismic improvements that achieve
immediate occupancy or life-safety performance following a significant seismic event.The project
includes temporary relocation of staff from Buildings 5 and 6 to maintain continuity of maintenance
operations during construction.
TIMING CONCERNS
This project is a high-priority component of OC San’s seismic resilience strategy.Delaying the
project would leave identified vulnerabilities unaddressed,increasing risk to staff and the potential for
operational disruptions following a seismic event.
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File #:2025-4188 Agenda Date:5/6/2026 Agenda Item No:4.
RAMIFICATIONS OF NOT TAKING ACTION
If this item is not approved, seismic risks to staff and critical facilities will remain unmitigated.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.P1-137 for bids on September 18,2025,and received four sealed
bids on February 3, 2026. A summary of the bid opening follows:
Engineer’s Estimate $ 18,700,000
Bidder Amount of Bid
Icon West, Inc.$ 21,808,000
2H Construction, Inc.$ 24,548,000
S.J. Amoroso Construction Co., LCC.$ 25,677,000
PCN3, Inc.$ 28,259,000
OC San evaluated the bids in accordance with its policies and procedures.
The planholders list included thirteen potential bidders,including four prime contractors.A pre-bid
survey conducted on October 22,2025,indicated that three contractors intended to bid but had
concerns.In response,staff conducted three additional site visits and extended the bid due date.
Nineteen potential bidders attended the additional site visits,including two additional prime
contractors.
Despite strong participation,four bids were received for this large and complex project involving eight
occupied buildings.The lowest bid exceeded the Engineer’s Estimate by 17 percent.Staff extended
the bid validity period to perform a detailed cost analysis.
OC San worked with Icon West,Inc.,to review bid backup documentation and conducted an in-
person meeting to validate costs.The analysis determined that cost differences were primarily due to
cost estimating scope gaps.The distance between laydown areas and work locations also impacted
the cost.
Key variances not included in the Engineer’s Estimate include:
•Shoring and earthwork due to limited access at the Control Center
•Painting for walls, floors, and supports
•Electrical conduit relocation, seismic upgrades, equipment protection, and temporary power
•HVAC and plumbing upgrades, system protection, and temporary cooling
•Asphalt paving for temporary facilities
•Tile replacement associated with ADA upgrades
The total variance between the bid and the Engineer’s Estimate is approximately $3,302,500,
including markups.When adjusted,the revised Engineer’s Estimate is approximately $22,003,000,
which is within 0.9 percent of the lowest bid.This analysis confirms that the bid reflects current
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File #:2025-4188 Agenda Date:5/6/2026 Agenda Item No:4.
which is within 0.9 percent of the lowest bid.This analysis confirms that the bid reflects current
market conditions,project complexity,and construction risks.Staff determined the bid is fair and
reasonable.
Staff notified all bidders of the intent to recommend contract award to Icon West, Inc.
Staff recommends awarding a Construction Contract Agreement to the lowest responsive and
responsible bidder, Icon West, Inc., for a total amount not to exceed $21,808,000.
CEQA
This project is exempt from CEQA under the Class 1 categorical exemption (California Code of
Regulations Section 15301).A Notice of Exemption was filed with the Orange County Clerk-
Recorder following Board 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-8,Support Buildings Seismic Improvements at
Plant No.1,Project No.P1-137).This item will increase the project budget and will be funded from
the CIP budget.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract Agreement
·Presentation
CQ:lb
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C-CA-050625
PART A
CONTRACT AGREEMENT
C-CA-050625
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL ............................................................................... 1
SECTION – 2 MATERIALS AND LABOR ...................................................... 4
SECTION – 3 PROJECT ................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ............................................. 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION ................ 5
SECTION – 6 TIME IS OF THE ESSENCE ................................................... 5
SECTION – 7 EXCUSABLE DELAYS ............................................................ 6
SECTION – 8 EXTRA WORK ........................................................................ 6
SECTION – 9 CHANGES IN PROJECT ........................................................ 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ................................... 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ............... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS .............................................................................. 9
SECTION – 13 COMPLETION ......................................................................... 9
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ............. 10
SECTION – 15 SURETY BONDS .................................................................. 12
SECTION – 16 INSURANCE ......................................................................... 12
SECTION – 17 RISK AND INDEMNIFICATION ............................................. 22
SECTION – 18 TERMINATION ...................................................................... 22
SECTION – 19 WARRANTY .......................................................................... 23
SECTION – 20 ASSIGNMENT ....................................................................... 24
SECTION – 21 RESOLUTION OF DISPUTES .............................................. 24
SECTION – 22 SAFETY & HEALTH .............................................................. 24
SECTION – 23 CALIFORNIA VOLUNTARY PROTECTION PROGRAM
ANNUAL REPORTING REQUIREMENT .............................. 24
SECTION – 24 HUMAN RESOURCES POLICIES ........................................ 25
SECTION – 25 NOTICES .............................................................................. 25
CONFORMED C-CA-050625PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Page 1 of 27
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. P1-137
SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
This CONTRACT AGREEMENT (Contract Agreement) is made and entered into, to be
effective, this May 27, 2026, by and between Icon West, Inc., hereinafter referred to as
“CONTRACTOR” and the Orange County Sanitation District, hereinafter referred to as “OC
SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OC SAN. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A.Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions, “Definitions”.
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 2 of 27
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 3 of 27
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OC SAN’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 4 of 27
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions,
“Definitions”. Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OC SAN, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OC SAN may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OC SAN may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from
any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be
entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited
to administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. P1-137
SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 5 of 27
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. P1-137
SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within nine hundred fifty (950) calendar days from
the date of the “Notice to Proceed” issued by OC SAN, excluding delays caused or authorized
by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General
Conditions. The time for completion includes thirty-seven (37) calendar days determined by OC
SAN likely to be inclement weather when CONTRACTOR will be unable to work.
In addition, CONTRACTOR shall accomplish such milestones within the periods of performance
set forth in Appendix A of the Special Provisions entitled “Work Completion Schedule.”
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OC SAN, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OC SAN shall have the right to assert complete control of the premises on
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 6 of 27
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OC SAN’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OC SAN specifying the exact nature of the Extra Work and the amount of
extra compensation to be paid all as more particularly set forth in Section 9 hereof and the
General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER
Initiated Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OC SAN pursuant to the Contract Documents, OC
SAN shall extend the time fixed in Section 5 for completion of the Project by the number of
days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined
by OC SAN’s ENGINEER. The decision of the ENGINEER shall be final.
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 7 of 27
SECTION – 9 CHANGES IN PROJECT
OC SAN may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OC SAN-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OC SAN agrees to pay and the CONTRACTOR agrees to accept as full consideration for
the faithful performance of this Contract, subject to any additions or deductions as
provided in approved Change Orders, the sum of Twenty-One Million Eight Hundred Eight
Thousand Dollars ($21,808,000) as itemized on the attached Exhibit A.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements, and General Conditions (including but
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 8 of 27
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OC SAN shall issue at
the commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract; Exhibit A, Schedule of Prices; and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OC SAN’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
B. As used in this Section, the following defined terms shall have the following meanings:
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 9 of 27
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OC SAN;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OC SAN since the
commencement of the Work as determined by OC SAN;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OC SAN to assure satisfactory completion of
the Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions, “Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions, “Retained Funds; Substitution
of Securities.”
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment”; and Exhibit A,
Schedule of Prices.
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 10 of 27
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. General Prevailing Rate:
OC SAN has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OC SAN. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OC SAN will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
B. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OC SAN, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
C. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 11 of 27
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
D. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OC SAN as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
E. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 12 of 27
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OC SAN’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OC SAN. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 13 of 27
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OC SAN, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OC SAN pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OC SAN by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OC SAN
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OC SAN premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”). The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 14 of 27
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OC SAN herein, the
requirement(s) providing the more protective coverage for both OC SAN and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR 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
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or
employees, 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, CONTRACTOR shall include clauses providing that each
insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their
officers, agents, or employees, or any other contractor or subcontractor performing Work or
rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar
written express waivers and insurance clauses from each of its Subcontractors of every tier. A
waiver of subrogation shall be effective as to any individual or entity, even if such individual or
entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not
pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity
has an insurable interest in the property damaged.
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 15 of 27
A. Limits of Insurance
1. General Liability: Five Million Dollars ($5,000,000) per occurrence and a general
aggregate limit of Ten Million Dollars ($10,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Five Million Dollars
($5,000,000) per occurrence and a general aggregate limit of Ten Million
Dollars ($10,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
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To the extent first dollar coverage, including defense of any claim, is not
available to OC SAN or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the general liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the general liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of automobile
liability insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limit of
liability coverage: combined single limit of Two Million Dollars ($2,000,000) for bodily
injury, personal injury, and property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
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4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OC SAN.
5. Workers’ Compensation/Employer’s Liability: CONTRACTOR shall provide such
workers’ compensation insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least One Million
Dollars ($1,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants,
contaminants or pollutants.
If CONTRACTOR provides coverage written on a claims-made basis, OC SAN has
the right to approve or reject such coverage in its own discretion. If written on a
claims-made basis, the CONTRACTOR warrants that any retroactive date applicable
to coverage under the policy precedes the effective date of this Contract, and that
continuous coverage will be maintained, or an extended discovery period will be
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exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by 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 CONTRACTOR shall provide a financial guarantee satisfactory to OC
SAN guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of general liability insurance and automobile liability insurance shall
be endorsed to contain, the following provisions:
a. OC SAN, its directors, officers, agents, consultants, and employees, and all
public agencies from whom permits will be obtained, and their directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OC SAN in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OC SAN shall be excess
only and not contributing with insurance provided under this policy.
A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement.
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2. Cancellation and Policy Change Notice.
The CONTRACTOR is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or acquisition
of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in
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).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
general liability insurance and automobile liability insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
consultants, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
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
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 20 of 27
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OC SAN’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OC SAN will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OC SAN or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OC SAN with original certificates and mandatory
endorsements affecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements are to be received and
approved by OC SAN before Work commences. OC SAN reserves the right to require
complete, certified copies of all required insurance policies, including endorsements,
affecting the coverage required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OC SAN and any public agency issuing permits for the Project must be named
as “Additional Insured” on any general liability or automobile liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, certificate of liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OC SAN with the above
referenced required documents.
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 21 of 27
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability ACORD Form 25 or other equivalent
certificate of insurance form
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG 00 01
b. Additional Insured Including Form CG 20 10 and Products-Completed Operations Form CG 20 37
All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN
may reject alternatives that provide different or less coverage to OC SAN.
c. Waiver of Transfer of Rights of Form CG 24 04 Recovery Against Others to Us/ Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN approval.
b. Cancellation Notice No endorsement is required. However, CONTRACTOR is responsible for notifying OC SAN of
any pending or actual insurance policy cancellation, as described in Article C.2., Cancellation and Policy
Change Notice, above. 4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
C-CA-050625 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 22 of 27
5. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
OC SAN, its directors, officers, agents, consultants and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 or alternatively in both
CG 20 10 and CG 20 37 together.
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OC SAN and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OC SAN in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Contract Agreement,
or it may be terminated by OC SAN for its convenience provided that such termination is
effectuated in a manner and upon such conditions set forth more particularly in General
Conditions, “Termination for Default” and/or “Termination for Convenience”, provided that no
termination may be effected unless proper notice is provided to CONTRACTOR at the time and
in the manner provided in said General Conditions. If termination for default or convenience is
effected by OC SAN, an equitable adjustment in the price provided for in this Contract shall be
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made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OC SAN’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OC SAN shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OC SAN may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OC SAN of the corrected Work. The Performance Bond
and the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR
for faulty materials, equipment or Work.
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SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OC SAN unless such assignment has had prior
written approval and consent of OC SAN and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OC SAN, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards. OC SAN reserves the right
to stop Work for violations of safety and health standards until the hazardous conditions are
corrected. The right to stop Work includes the right to remove a contractor or its employees
from the worksite.
SECTION – 23 CALIFORNIA VOLUNTARY PROTECTION PROGRAM ANNUAL REPORTING REQUIREMENT
If CONTRACTOR will potentially work 1,000 combined hours in a quarter, for the term of the
Contract Agreement, CONTRACTOR shall provide an annual report detailing its safety and
health information, including, but not limited to, its total number of employees, work hours,
number of injuries and illnesses, and number of injury and illness cases involving days away
from work, restricted work activity and/or job transfer. CONTRACTOR shall furnish this report to
OC SAN no later than January 20th each calendar year. Failure to provide this data by the
CONFORMED C-CA-050625 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 25 of 27
required due date may result in suspension of CONTRACTOR’s services with OC SAN. Any
delay arising out of or resulting from such suspension shall be CONTRACTOR’s sole
responsibility and considered CONTRACTOR caused delay, which shall not be compensable by
OC SAN.
SECTION – 24 HUMAN RESOURCES POLICIES
CONTRACTOR and its Subcontractors shall comply with and ensure their employees adhere to
OC SAN’s Human Resources Policies attached hereto as Exhibit C.
SECTION – 25 NOTICES
Any notice required or permitted under this Contract shall be served by personal delivery or by
certified mail, return receipt requested, at the address set forth below. Unless specified
elsewhere in the Contract Documents or otherwise required by law, any notice may alternatively
be given by electronic telecommunication to the email address set forth below. Any party
whose address changes shall notify the other party in writing.
TO OC SAN: Orange County Sanitation District 18480 Bandilier Circle Fountain Valley, California 92708 Attn: Clerk of the Board ocsanclerk@ocsan.gov
Copy to: Orange County Sanitation District 18480 Bandilier Circle Fountain Valley, California 92708 Attn: Construction Manager rcuellar@ocsan.gov
Scott C. Smith Best Best & Krieger LLP
18101 Von Karman Avenue, Suite 1000 Irvine, California 92612 scott.smith@bbklaw.com
C-CA-050625 CONFORMED PROJECT NO. P1-137SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Page 26 of 27
TO CONTRACTOR: Bernard Ashkar, Chief Executive Officer Icon West, Inc.
520 S. La Fayette Park Place, Suite 503 Los Angeles, CA 90057 bernard@icon-west.com lalaine@icon-west.com
CONFORMED C-CA-050625PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Page 27 of 27
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Icon West, Inc.
520 S. La Fayette Park Place, Suite 503
Los Angeles, CA 90057
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 747737 (Expiration Date – 4/30/2026)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________
Ryan P. Gallagher Board Chairman
By______________________________ Date _________________ Kelly A. Lore Clerk of the Board
By______________________________ Date _________________ Kevin Work
Purchasing & Contracts Manager
C-EXA-013025
EXHIBIT A SCHEDULE OF PRICES
C-EXA-013025
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 6
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
CONFORMED C-EXA-013025 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OC SAN’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
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The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
C-EXA-013025 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”; and after authorization by the General Manager of the final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OC SAN, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OC SAN will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OC SAN, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the
CONFORMED C-EXA-013025 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 5 of 8
changes, and shall submit the revised application for Final Payment. Upon acceptance by OC SAN, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after the date of recordation of the Notice of Completion by OC SAN, and agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN and its officers, directors, employees and authorized representatives. The release shall be accompanied by a
certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN as of the date of the
certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OC SAN may make Final Payment subject to resolution of those claims. OC SAN may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled Stop Payment Notice herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under
the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
C-EXA-013025 CONFORMED PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 6 of 8
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OC SAN’s acceptance of the application for Final Payment
and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OC SAN also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
CONFORMED C-EXA-013025 PROJECT NO. P1-137 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OC SAN in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OC SAN a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OC SAN may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-013025 CONFORMED PROJECT NO. P1-137SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Icon West, Inc.)
BF-14 Schedule of Prices, Pages 1-2
BF-14 SCHEDULE OF PRICES C-BF-101424
ADDENDUM NO. 7 PROJECT NO. P1-137
SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Page 1 of 2
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating for the comparison of Bids and that the actual value of
Work will be computed based upon the actual quantities in the completed Work, whether they
be more or less than those shown. CONTRACTOR’s compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OC SAN via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of section entitled Discrepancies in Bid Items in the Instructions to
Bidders, which, in summary, provides that the total price for each item shall be based on the
Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each
item shall be totaled to determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit, overhead, etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes, state and/or federal taxes, and any other special taxes, patent rights, or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment, and
services for the construction of the Project in accordance with the Contract Documents.
Bidders shall accurately reflect the cost to perform the Work. OC SAN may reject unbalanced
Bids. Refer to Part 2 – INSTRUCTIONS TO BIDDERS.
ICON WEST, INC
Bid Submitted By: _______________________________________
BF-14 SCHEDULE OF PRICES C-BF-101424
ADDENDUM NO. 7 PROJECT NO. P1-137
SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Page 2 of 2
(Name of Firm)
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item
No. Description Unit of
Measurement
Approx
Qty Unit Price Total Price
1. Mobilization: Furnish all labor, materials, equipment, and other activities necessary
for mobilization, as described in Specifications Section 01155 Measurement and
Payment and in conformance with the Contract Documents for the lump sum price
of…
Lump Sum 1 = $540,000
2. Sheeting, Shoring and Bracing: Furnish all labor, equipment and materials
necessary to provide sheeting, shoring and bracing for protection of life and limb in
trenches, open excavations and confined spaces, as described in Specifications
Section 01155 Measurement and Payment and in conformance with the Contract
Documents for the lump sum price of...
Lump Sum 1 = $
3. Permit and Inspection Fees: This Bid item is an allowance for all fees associated
with the permits and inspection as described in Specifications Section 01155
Measurement and Payment and in conformance with the Contract Documents …
Allowance 1 = $37,000
4. All Other Portions of the Work: Furnish all labor, materials, and equipment
necessary for all other portions of the Work set forth in the Contract Documents,
except for Bid Items 1, 2, 3, and 5, as described in Specifications Section 01155
Measurement and Payment and in conformance with the Contract Documents for
the lump sum price of…
Lump Sum 1 = $
5. Demobilization: This bid item includes all demobilization activities, as described in
Specifications Section 01155 Measurement and Payment and in conformance with
the Contract Documents for a lump sum price of…
Lump Sum = $180,000
6. Dewatering: This bid item includes all dewatering activities, including discharge the
water from dewatering activities to Headworks, as described in Specifications
Section 02220 Dewatering, Specifications Section 01155 Measurement and
Payment and in conformance with the Contract Documents…
Allowance 1 $250,000
TOTAL AMOUNT OF BID (BASIS OF AWARD) $
ICON WEST, INCBid Submitted By: ______________________________________
513,870.00
20,287,130.00
21,808,000.00
4/28/2026
1
Support Buildings Seismic
Improvements at Plant No. 1,
Project No. P1-137
Presented by:
Martin Dix
Engineering Manager Construction Contract Award
Operations Committee
May 6, 2026
Mitigate Structural Deficiencies
2
•Control Center
•Bldg. 5 & 6
•Bldg. B & 3
•Bldg. A
•Warehouse
•Auto Shop
12-kV Service Center
1
2
4/28/2026
2
New Columns and Beams
3
New columns
and beams
Architectural rendering of the Control Center
with seismic retrofit
Concrete Panel Connections at Seams
4
Bldg. 5 & 6, Bldg. B & 3, Bldg. A, Warehouse, Auto Shop
Concrete Panel
Connections at Seams
3
4
4/28/2026
3
5
17% Difference (Icon West, Inc.) $3,108,000
Includes: Shoring/Earthwork, Painting, Electrical,
HVAC/Plumbing, Asphalt, and Tiles
Bid
Results
$18,700,000Engineer’s Estimate
Amount of BidBidder
$21,808,000Icon West, Inc.
$24,548,0002H Construction, Inc.
$25,677,000S.J. Amoroso Construction Co., LCC.
$28,259,000PCN3, Inc.
Current project budget insufficient to award contract
Requesting Budget Increase
AmountSubject
$30,500,000Current Project Budget
$33,500,000Requested Project Budget
Total Project Budget Increase Request = $3,000,000
6
5
6
4/28/2026
4
7
Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation forSupport Buildings Seismic Improvements at Plant No. 1, ProjectNo. P1-137;
B. Approve a project budget increase of $3,000,000 for Support
Buildings Seismic Improvements at Plant No. 1, Project No. P1-
137, for a new total project budget of $33,500,000;
C. Award a Construction Contract Agreement to Icon West, Inc. for
Support Buildings Seismic Improvements at Plant No. 1, Project
No. P1-137, for a total amount not to exceed $21,808,000; and
D. Approve a contingency of $2,180,000 (10%).
Recommendation
7
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4189 Agenda Date:5/6/2026 Agenda Item No:5.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-137
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Simpson Gumpertz & Heger,
Inc., to provide construction support services for Support Buildings Seismic Improvements at
Plant No. 1, Project No. P1-137, for a total amount not to exceed $1,878,000; and
B. Approve a contingency of $187,800 (10%).
BACKGROUND
Simpson Gumpertz &Heger,Inc.,was selected as part of a competitive,qualifications-based
solicitation process to design Support Buildings Seismic Improvements at Plant No.1,Project No.P1
-137.At the time of the solicitation,the Orange County Sanitation District (OC San)documented its
intent to award a subsequent agreement to the design consultant for continuation of engineering
services during construction.
OC San completed the Seismic Evaluation of Structures at Plant Nos.1 and 2,Project No.PS15-06,
as part of the FY 2017-2018 General Manager’s Workplan to enhance infrastructure reliability.The
study initiated a long-term seismic upgrade program aligned with OC San’s Strategic Plan and
Capital Improvement Program.It identified high-priority deficiencies in staff-occupied and critical
structures at Plant No. 1 that could limit safety and immediate occupancy following a seismic event.
This project includes rehabilitation of the following buildings:Auto Shop;Control Center;Buildings A,
B, 3, 5, and 6; Warehouse; and the 12-kV Service Center.
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”
·Protect OC SAN assets
·Commitment to safety & reducing risk in all operations
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File #:2025-4189 Agenda Date:5/6/2026 Agenda Item No:5.
PROBLEM
This project requires the design consultant to provide as-needed services during construction
including submittal review,responding to the Contractor’s requests for information,reviewing
construction change orders,participating in meetings,attending site visits,and preparing record
drawings.In addition,the design consultant will provide structural observations and training for the
inspectors who will perform the special inspections.
PROPOSED SOLUTION
Approve a Professional Construction Services Agreement with the design consultant,Simpson
Gumpertz & Heger, Inc., to provide construction support services during construction.
TIMING CONCERNS
Construction support services will be required at the start of construction.Construction is anticipated
to start in July 2026.
RAMIFICATIONS OF NOT TAKING ACTION
The construction support services needed to facilitate and review construction activities would not be
available by the Engineer of Record, which may negatively impact the contract execution.
PRIOR COMMITTEE/BOARD ACTIONS
July 2022 -Approved a Professional Design Services Agreement with Simpson Gumpertz &Heger
Inc.to provide engineering services for Support Buildings Seismic Improvements at Plant No.1,
Project No.P1-137,for an amount not to exceed $1,900,000;and approved a contingency of
$190,000 (10%).
ADDITIONAL INFORMATION
Simpson Gumpertz &Heger,Inc.,has successfully furnished engineering services for the design of
this project and their support services during construction will provide continuity through the
completion of the project.
Staff negotiated with Simpson Gumpertz &Heger,Inc.,for these support services in accordance with
the OC San’s adopted policies and procedures.A review of the proposed price was conducted using
estimated quantities of requests for information,submittals,meetings,site visits,change order
review,and design revisions,as well as the level of effort for preparing record drawings.Based on
this review,staff determined the negotiated fee to be fair and reasonable for these services.Staff is
requesting a 10 percent contingency in case unanticipated professional services are needed during
construction.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301.A Notice of Exemption was filed with the OC Clerk-Recorder
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File #:2025-4189 Agenda Date:5/6/2026 Agenda Item No:5.
after OC San's 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-8,Support Buildings Seismic Improvements at
Plant No. 1, Project No. P1-137), and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Construction Services Agreement
·Presentation
CQ:lb
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PCSA PROJECT NO. P1-137 Revised 050625 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Page 1 of 19
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
This PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the 27th day of May, 2026 by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as
"OC SAN"), and SIMPSON GUMPERTZ & HEGER, INC., (hereinafter referred to as "CONSULTANT").
WITNESSETH:
WHEREAS, OC SAN desires to engage CONSULTANT to provide construction support services for SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-137 (Construction Support Services); and
WHEREAS, CONSULTANT is qualified to provide the necessary services for the Construction Support Services in connection with these requirements; and
WHEREAS, OC SAN has adopted procedures in accordance with OC SAN’s current
Purchasing Ordinance, Section 4.03(B), for the continuation of services and has proceeded in accordance with said procedures to perform the Construction Support Services; and
WHEREAS, at its regular meeting on May 27, 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 toaccomplish 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 onlyand does not relieve the CONSULTANT of responsibility for complying with alllaws, codes, industry standards and liability for damages caused by errors,omissions, noncompliance with industry standards, and/or negligence on the partof the CONSULTANT or its Subconsultants.
B.CONSULTANT is responsible for the quality of work prepared under thisAgreement and shall ensure that all work is performed to the industry standardsof engineering practice for clarity, uniformity, and completeness.
PCSA PROJECT NO. P1-137 Revised 050625 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 2 of 19
C. In the event that work is not performed to the satisfaction of OC SAN and does not conform to the requirements of this Agreement or any applicable industry
standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project
Engineer/Project Manager. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using OC SAN standard software. Conversion of CADD work from any other non-standard CADD format to OC SAN format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of 30 calendar days during which OC SAN shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported
within the acceptance period at no additional cost to OC SAN. E. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of OC SAN, its agents and employees. Neither the documents
nor their contents shall be released to any third party without the prior written consent of OC SAN. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by OC SAN, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for the Construction Support Services in accordance with the following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed One Million Eight Hundred Seventy-Eight Thousand Dollars ($1,878,000). 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.
PCSA PROJECT NO. P1-137 Revised 050625 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 3 of 19
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee
Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, OC SAN shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal.
E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of
Work. OC SAN shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal.
F. Direct Costs
OC SAN shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN receipts and other documentary records to support CONSULTANT’s request for reimbursement of these amounts, see Attachment “D” – Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above.
PCSA PROJECT NO. P1-137 Revised 050625 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1 Page 4 of 19
G. Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications to the Scope of Work resulting from field investigations and field work required by the Agreement. These items may include special equipment,
test equipment and tooling and other materials and services not previously identified. Refer to attachment “D” Allowable Direct Costs for payment information. H. Reimbursable Direct Costs OC SAN will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment “D” - Allowable Direct Costs to this Agreement. The reimbursement of the above-mentioned expenses will be based on an “accountable plan” as considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a “per diem” component approved by IRS. The most recent schedule of the per diem rates utilized by OC SAN can be found on the U.S. General Service Administration website at
https://www.gsa.gov/travel/plan-book/per-diem-rates. The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. OC SAN shall apply the most economic and practical method of reimbursement which may include reimbursements based
upon receipts and/or “per diem” as deemed the most practical. CONSULTANT shall be responsible for returning to OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements – Any travel involving airfare, overnight stays or multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile
mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel.
Lodging – Overnight stays will not be approved by OC SAN for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN based on reasonableness of meeting schedules and the
amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of OC SAN. Travel Meals – Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals.
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Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this Agreement.
I. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Proposal will exceed the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify OC SAN immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of OC SAN’s authorized representative shall be at CONSULTANT’s own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT’s invoice and monthly progress report. Failure to notify OC SAN that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this
Agreement. 3. REALLOCATION OF TOTAL COMPENSATION
OC SAN, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total
compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as
required by OC SAN. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data,
including a detailed breakdown of all costs incurred and work performed during the period covered by the statement, as may be required by OC SAN. Upon approval of such payment request by OC SAN, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per task basis. If OC SAN determines that the work under this Agreement, or any specified task hereunder, is incomplete and that the amount of payment is in excess of:
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i. The amount considered by OC SAN’s Director of Engineering to be adequate for the protection of OC SAN; or
ii. The percentage of the work accomplished for each task.
OC SAN may, at the discretion of the Director of Engineering, retain an amount equal to that which ensures that the total amount paid to that date does not exceed the percentage of the completed work for each task or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per task basis. In the event OC SAN's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, OC
SAN shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by OC SAN, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to OC SAN a release of all claims against OC SAN arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN for
compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or
causes to be presented to an officer or employee of OC SAN a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
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5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a) (3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, the
Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS
A. Ownership of Documents for the Construction Support Services performed.
All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Construction Support Services, shall be the property of OC SAN. OC SAN’s ownership of these
documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. OC SAN ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Construction Support Services are terminated: a) by the completion of the
Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications.
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B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Workers’
Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN will require CONSULTANT to substitute any insurer whose
rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by OC SAN or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, commercial general liability insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this 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
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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 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.
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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) per claim and in the aggregate in accordance with the provisions of this paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this 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. 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 request , at any time, copies of the relevant policies and endorsements confirming the required coverage. The following are approved forms that must be submitted as proof of coverage:
•insurance form
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• (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.
• (Automobile Liability) OC SAN approval.
•subrogation endorsement provided by carrier for OC SAN approval.
• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article I.
Cancellation and Policy Change Notice, below.
I. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance policy cancellation, within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any change in the terms of insurance, including reduction in coverage or increase in deductible/SIR, within two (2) working days
of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
18480 Bandilier Circle
Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division J. Primary Insurance The general and automobile liability policies shall contain a “Primary and Non Contributory” clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured
The general and automobile liability policies shall contain a “Separation of Insureds” clause.
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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.
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
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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 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.
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13.NOTICES
All notices hereunder and communications regarding the interpretation of the terms ofthis 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, returnreceipt requested, postage prepaid.
Notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT 18480 Bandilier Circle Fountain Valley, CA 92708 Attention: Wai Chan, Senior Contracts Administrator Copy: Carmen Quan, Project Manager
Notices shall be mailed to CONSULTANT at:
SIMPSON GUMPERTZ & HEGER, INC. 4695 MacArthur Court, Suite 500 Newport Beach, CA 92660 Attention: James A. McDonald, Principal
All communication regarding the Scope of Work, will be addressed to the Project Manager.
Direction from other OC SAN’s staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT.
14.TERMINATION
OC SAN may terminate this Agreement at any time, without cause, upon giving thirty(30)days written notice to CONSULTANT. In the event of such termination,CONSULTANT shall be entitled to compensation for work performed on a prorated basisthrough 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 SANupon the termination or completion of the work. CONSULTANT agrees to furnish toOC SAN copies of all memoranda, correspondence, computation, and study materials inits files pertaining to the work described in this Agreement, which is requested in writing byOC SAN.
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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:
• 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.
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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 reasonable, attorneys’ fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and OC SAN’s general and administrative expenses (individually, a “Claim”, or collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement, but onlyto the extent caused by the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any
contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from:
(A) the sole or active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’s supplier, consultant, subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder.
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CONSULTANT’s liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to OC SAN for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s
indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of equal participation in the drafting and negotiation between the parties hereto. 23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE
The CONSULTANT’s performance shall be evaluated by OC SAN. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by OC SAN and may be considered in future
CONSULTANT selection processes. 25. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES
CONSULTANT shall comply with all OC SAN policies and procedures, including, but not limited to, the Contractor Safety Standards, as applicable, and Human Resources Policies, all as may be amended from time to time; provided the CONSULTANT has been granted a copy of such for review. Further, neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT or its employees and subconsultants at construction/project site, shall impose any duty on the CONSULTANT, nor relieve the general contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the work in accordance with
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the contract documents and any health or safety precautions required by any regulatory agencies. The CONSULTANT and its personnel have no authority to exercise any
control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. 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.
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.
PCSA PROJECT NO. P1-137 Revised 050625 SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1
Page 19 of 19
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.
CONSULTANT: SIMPSON GUMPERTZ & HEGER, INC.
By __________________________________________________ Date
__________________________________________________ Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________
Ryan P. Gallagher Date
Board Chairman
By __________________________________________________ Kelly A. Lore Date Clerk of the Board
By __________________________________________________ Kevin Work Date Purchasing & Contracts Manager
Attachments: Attachment “A” – Scope of Work
Attachment “B” – Not Used Attachment “C” – Not Used Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used Attachment “G” – Not Attached Attachment “H” – Not Used Attachment “I” – Cost Matrix and Summary Attachment “J” – Not Used Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards
Attachment “M” – Not Attached Attachment “N” – Not Attached Attachment “O” – Human Resources Policies
WC:ms
ATTACHMENT A
SCOPE OF WORK
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 1 of 13
ATTACHMENT “A”
SCOPE OF WORK
Support Buildings Seismic Improvements at Plant No. 1
Project No. P1-137
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 2 of 13
TABLE OF CONTENTS
I. SUMMARY .......................................................................................................................... 3
II. PROJECT SCHEDULE ....................................................................................................... 3
III. PROJECT IMPLEMENTATION ........................................................................................... 3
IV. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES .................................... 3
TASK 4.1 – PROJECT MANAGEMENT ................................................................................... 3
4.1.1 – PMWeb Procedures ...................................................................................................... 4
TASK 4.2 – INITIAL PROJECT MEETINGS ............................................................................. 5
4.2.1 – Construction Hand-Off Workshop ................................................................................. 5
4.2.2 – PMWeb and Submittal Review Procedures Meeting ..................................................... 6
4.2.3 – Preconstruction Conference .......................................................................................... 6
4.2.4 – Pre-Submittal Review Meetings and Workshops ........................................................... 7
TASK 4.3 – SUBMITTAL REVIEWS ......................................................................................... 7
TASK 4.4 – REQUEST FOR INFORMATION ........................................................................... 7
TASK 4.5 – CONTRACT DOCUMENT MODIFICATIONS, DESIGN CHANGES AND
CHANGE ORDERS .................................................................................................................. 8
TASK 4.6 – CONSTRUCTION PROGRESS MEETINGS AND SITE VISITS .............................. 8
TASK 4.7 – GEOTECHNICAL SUPPORT SERVICES ................................................................... 9
TASK 4.8 – STRUCTURAL ENGINEERING SERVICES .......................................................... 9
TASK 4.9 – SHORING SUPPORT ............................................................................................ 9
TASK 4.10 - ARCHITECTURAL ............................................................................................... 9
TASK 4.11 – FIRE PROTECTION SERVICES .........................................................................10
V. PHASE 5 – COMMISSIONING SERVICES [NOT USED] ......................................................10
VI. PHASE 6 – CLOSEOUT .....................................................................................................10
TASK 6.1 – FINAL INSPECTION AND PUNCH LISTS ............................................................10
TASK 6.2 – RECORD DRAWINGS..........................................................................................10
6.2.1 – Additional Record Documentation ................................................................................12
TASK 6.3 – PROJECT MANAGEMENT ..................................................................................12
VII. STAFF ASSISTANCE ......................................................................................................12
VIII. QUANTITATIVE ASSUMPTIONS .................................................................................12
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 3 of 13
I. SUMMARY
Provide construction engineering support services for the construction and installation, and
closeout phases of this project.
II. PROJECT SCHEDULE
The schedule for the services specified in this Scope of Work (SOW) shall be provided per the
construction contract schedule and identified in this SOW.
III. PROJECT IMPLEMENTATION
All Orange County Sanitation District (OC SAN) projects are divided into six phases. The
CONSULTANT shall provide engineering support services for Phase 4 Construction and
Installation Services, Phase 5 Commissioning Services and Phase 6 Closeout.
• Phase 1 – Project Development – Completed
• Phase 2 – Preliminary Design – Completed
• Phase 3 – Final Design – Completed
• Phase 4 – Construction and Installation Services
• Phase 5 – Commissioning Services [Not Used]
• Phase 6 – Closeout
IV. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
OC SAN will administer and provide field inspection for the construction contract. Construction
engineering support services shall be provided by the CONSULTANT as requested by OC SAN.
The CONSULTANT shall provide the key project personnel as described in its proposal for this
project. The CONSULTANT shall not reassign the key project personnel without prior approval
of OC SAN. OC SAN may request reassignment of any of the CONSULTANT’s or its
subconsultant’s personnel, based on poor performance.
For all services, the CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01
for detailed requirements.
Quality Assurance/Quality Control (QA/QC): The CONSULTANT shall administer a program of
QA/QC procedures for producing quality work and shall effectively manage and control the
work. Specific procedures shall include but not be limited to planning, coordination, tracking,
checking, reviewing, and scheduling the work. The CONSULTANT shall subject all work
products prepared by the CONSULTANT to the CONSULTANT’s in-house QA/QC procedures
prior to submittal to OC SAN. QA/QC hours and costs shall be incorporated into other tasks
within this SOW.
TASK 4.1 – PROJECT MANAGEMENT
The CONSULTANT shall be responsible for detailed management of the work, including
managing its subconsultants, and shall keep OC SAN apprised of the status of the work.
The CONSULTANT shall conduct monthly project management meetings with OC SAN.
These meetings shall be attended by OC SAN’s Project Manager and the CONSULTANT’s
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 4 of 13
Project Manager at a mutually agreeable time. The purpose of the meetings shall be to review
the CONSULTANT’s Project Manager’s progress report and the status of the SOW, budget, and
any issues which may affect completion of the work. Meetings should be arranged so that the
progress report can be submitted three days before each meeting.
The CONSULTANT shall prepare and submit monthly invoices to OC SAN no later than the
second Wednesday of the following month. The invoices shall document the hours and billing rate
for each person that works on the project for each task in the work breakdown structure (WBS).
Overhead, profit, and any direct costs shall also be shown for each task. As part of the
summary section of the invoice, the CONSULTANT shall also include the following information:
• Budget
• Current billing period invoicing
• Previous billing period “total invoiced to date”
• Budget amount remaining
• Current billing period “total percent invoice to date”
• Current billing period “total percent completed to date”
The monthly progress report shall be submitted with the invoice as part of the monthly request
for payment. The monthly progress report shall include the following:
• Work completed in the billing period
o Travel and site visit summary
• Key project issues (Scope, Schedule, Budget, Others)
o List of Reimbursable Design errors
• Risk Register Updates
• Overall project budget, tabulated on a per task basis
• Percent complete, tabulated based on listed Part V. Quantitative Assumptions as agreed
with OC SAN Project Manager
o Log documenting work completed to date on Requests for Information (RFIs),
submittal reviews, Master Document Index (MDI), and change order preparation
compared to initial assumptions.
• Budget Status broken out by Firm
• Budget Status broken out for each of OC SAN’s WBS cost codes (i.e., by work package
and phase). (OC SAN will provide a list of cost codes by phase to the CONSULTANT.)
• Cost to complete, tabulated on a per task basis (Estimate to Complete [ETC] only
needed when requested. Not monthly).
The CONSULTANT shall also provide the percent budget spent for each of OC SAN’s WBS
cost codes (i.e., by work package and phase). OC SAN will provide a list of cost codes by
phase to the CONSULTANT.
See Exhibit 4 Example PCSA Monthly Progress Report.
4.1.1 – PMWeb Procedures
This Agreement shall utilize PMWeb as the Project Control Management System (PCMS)
for overall management of the Agreement. All PCMS related documents requiring
formal signatures shall be digital, and all copies digitally distributed. The PCMS
conforms to the requirements set forth in California Government Code Section 16.5
regarding digital signatures; therefore, digital signatures are in full force and effect and
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 5 of 13
are legally the same as a hand-written signature. At least one PCMS account shall have
the authority to approve Amendments.
OC SAN shall maintain the PCMS and serve as the administrator for the duration of this
Agreement. OC SAN will provide the CONSULTANT with user access for approved
personnel as needed for the duration of the Agreement. OC SAN shall control access to
the PCMS by assigning user profiles and login credentials. CONSULTANT shall notify
OC SAN of any changes to personnel. Access modifications shall be coordinated as
needed throughout the Agreement. Do not share PCMS account passwords with
anyone inside or outside of the company.
Routine maintenance of the PCMS system may be required during the Agreement.
Access to the PCMS system may be restricted or unavailable at these times and will be
scheduled outside of typical working hours whenever possible.
The PCMS is a web-based environment and is therefore subject to the inherent speed
and connectivity problems of the Internet. The CONSULTANT is responsible for its own
connectivity to the Internet. PCMS response time is dependent on the CONSULTANT’s
equipment, including processor speed, Internet access speed, Internet traffic, etc.
OC SAN will not be liable for any delays associated with the utilization of the PCMS
including, but not limited to, slow response time, down time periods, connectivity
problems, or loss of information.
OC SAN will provide a one-time training session of up to two (2) hours to train
CONSULTANTs designated staff on general system requirements, procedures, and
methods.
Automated system notifications generated via PCMS (e.g., in-system notices, system
generated email, or email with attachment) shall constitute a formal written notification in
compliance with the Professional Construction Service Agreement (PCSA).
TASK 4.2 – INITIAL PROJECT MEETINGS
4.2.1 – Construction Hand-Off Workshop
The CONSULTANT shall participate in a two-hour construction hand-off workshop. The
purpose of the workshop is for the CONSULTANT and the OC SAN design team to
transfer project-specific knowledge to the OC SAN construction management and
inspection staff who will be managing and monitoring construction. Agenda to be used
at the meeting is below:
A. General Project Overview
1. Summary of Work and Project Elements
2. Work Sequence
3. Work Restrictions
4. Schedule/Milestones
B. Project Risks
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PCSA Page 6 of 13
1. For example:
a. Tricky construction
b. Areas where extra care needs to be taken
c. Submittals that need to be completed early due to lead time
2. Key decision log items (i.e., any key items/decisions discussed during design that
cannot change, and cannot entertain proposals from the Contractor to change.)
3. Long lead time equipment submittals (timely processing required to avoid delays)
4. Other project risk items
C. Project Team
1. OC SAN Engineering Team
2. CONSULTANT Team - involvement in Submittals and Requests for Information
RFIs.
3. Stakeholders- include public, organizations, businesses, agencies, O&M-
personnel
D. Entitlements
1. City of Fountain Valley Building Permit
E. Contractor
1. Subs
2. Past Contractor performance at OC SAN
a. Strengths
b. Weaknesses
3. Liquidated Damages
4. Status of PMWeb Submittals List and set up
The workshop will be led by OC SAN’s Project Manager and Project Engineer and the
CONSULTANT’s Project Manager and Project Engineer.
4.2.2 – PMWeb and Submittal Review Procedures Meeting
The CONSULTANT shall participate in a two-hour PMWeb procedure meeting and
submittal procedure meeting. The purpose of this meeting is to review the roles and
logistics for review and acceptance of construction contract documents and Contractor
submittals. The CONSULTANT’s Project Manager and Project Engineer shall attend.
This meeting will be led by the OC SAN Resident Engineer and will be more specific to
this contract than the overall PMWeb training identified in Section 4.1.1.
The project will utilize PMWeb for submittal reviews, project communication, tracking,
and management. When required by OC SAN, paper documents shall also be provided.
4.2.3 – Preconstruction Conference
a. The CONSULTANT shall participate in a one-hour preconstruction conference
attended by OC SAN staff, the CONSULTANT, the Contractor, subcontractors, and
vendors. This meeting will be scheduled and presided over by OC SAN. In this
meeting, OC SAN’s Resident Engineer will describe the CONSULTANT’s role in the
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 7 of 13
project as the Design Engineer and the services the CONSULTANT shall provide during
construction. OC SAN will prepare meeting minutes, and the CONSULTANT shall
review and comment on the minutes. Only the Project Manager, Project Engineer, and
Architect shall attend.
b. Conduct Inspector Project Orientation to train OC SAN’s inspectors to perform seismic
retrofit inspections. The orientation will review inspection requirements, practices and
expectations when inspecting seismic retrofits. Up to two 1-hour sessions are to be
conducted to allow OC SAN’s inspectors to attend one of the sessions.
4.2.4 – Pre-Submittal Review Meetings and Workshops
The CONSULTANT shall attend pre-submittal review meetings (one-hour virtual
meetings unless noted otherwise) specified for the following specification sections:
• 02220, Dewatering
• Additional pre-submittal meetings (two meetings, one-hour each)
The CONSULTANT will prepare the agenda and meeting minutes for the pre-submittal
review meetings. The CONSULTANT’s Project Manager, Project Engineer, and
applicable technical lead shall attend in person.
TASK 4.3 – SUBMITTAL REVIEWS
OC SAN will receive all submittals from the Contractor through PMWeb. OC SAN will
forward submittals requiring the CONSULTANT’s review to the CONSULTANT via
PMWeb. The CONSULTANT shall review the submittals for conformance with the
requirements of the Contract Documents and provide review comments to OC SAN
through PMWeb within seven (7) workdays after receipt of a submittal. The
CONSULTANT shall return comments to OC SAN allowing enough time for OC SAN to
incorporate all comments into a combined review comment set that OC SAN will return
to the Contractor. The CONSULTANT shall accommodate occasional expedited reviews
for time-sensitive submittals. Submittals shall include but not be limited to shop
drawings, vendor tests, certifications, and test reports. All submittals will be made
available electronically (PDF) through PMWeb.
If the CONSULTANT has staff other than the assigned technical lead review submittals,
the CONSULTANT's technical lead shall review all submittal comments prior to returning
them to OC SAN. For all submittals reviewed by the CONSULTANT, the CONSULTANT
shall assume that they are the only reviewer for that submittal review and shall not rely
on supplemental OC SAN comments.
See Section VIII - Quantitative Assumptions in this SOW for the estimated number of
submittals.
TASK 4.4 – REQUEST FOR INFORMATION
OC SAN will forward to the CONSULTANT certain RFIs generated by the Contractor or
OC SAN. The CONSULTANT shall return written responses to OC SAN as soon as
possible or within three (3) workdays of receipt of the RFIs, clarifying the requirements of
the Contract Documents. The CONSULTANT shall generate necessary sketches,
figures, and modifications to the drawings for clarification. When required to avoid
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 8 of 13
schedule delay or additional construction-related costs, the CONSULTANT shall
expedite the review of time sensitive RFIs.
If any changes to the Contract Documents are required, the CONSULTANT shall
prepare these documents and submit them as PDF files to OC SAN. The
CONSULTANT shall update all AutoCAD drawings and specifications upon OC SAN
acceptance of any changes resulting from RFIs and change orders.
See Section VIII- Quantitative Assumptions in this SOW for the estimated number of
RFIs.
TASK 4.5 – CONTRACT DOCUMENT MODIFICATIONS, DESIGN CHANGES AND CHANGE
ORDERS
If the Contract Documents require modifications due to changed conditions, OC SAN
requested changes, omissions, or design errors; the CONSULTANT shall prepare
preliminary change order documents and forward them to OC SAN, as needed.
OC SAN shall review the preliminary change order documents and request the
CONSULTANT to incorporate any changes. OC SAN will issue the change order
documents in a formal Request for Proposal (RFP) or Field Change Order (FCO) to the
Contractor. The CONSULTANT shall forward design calculations and other design
backup documents as necessary to OC SAN.
Any Contract Document that requires changes shall be identified with the date of change
and reference (RFI number, RFP number, FCO number, etc.) shown on the document.
Changes shown on the drawings shall be clearly marked and “clouded” for accurate
identification of the scope of the change to the Contractor and inspection staff. The
CONSULTANT shall maintain up-to-date Contract Documents. When a change is
required on a Contract Drawing that has previously undergone a change, the updated
drawing showing the previous change shall be used as the base document to identify
new changes.
The CONSULTANT shall submit complete change documentation to OC SAN for use in
RFIs, RFPs, and FCOs. This change documentation shall include drawings,
schematics, details, schedules, and specifications, as required.
The CONSULTANT shall prepare cost estimates for the changes by OC SAN. The
CONSULTANT shall provide details, description and justification for the change.
The CONSULTANT shall maintain a Master Document Index (MDI) to track all changes
issued on the project. The MDI shall be updated monthly and located in PMWeb.
See Section VIII- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 4.6 – CONSTRUCTION PROGRESS MEETINGS AND SITE VISITS
The CONSULTANT shall attend construction progress meetings, as requested by
OC SAN’s Resident Engineer. The CONSULTANT’s Project Manager and Project
Engineer shall attend. The scope shall include the time for travel, follow-up, and review
of meeting minutes. Construction progress meeting minutes will be prepared by
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PCSA Page 9 of 13
OC SAN. The CONSULTANT shall attend or be available by phone for one-hour weekly
construction progress meetings.
The CONSULTANT shall make field visits to assist in field problem resolution and design
clarification/verification to help resolve construction issues as they arise and as
requested by OC SAN. The CONSULTANT shall report the nature of the field site visits,
the problem resolved, and identify staff requesting the site visit in the CONSULTANT’s
monthly project report. OC SAN will provide project inspection, except as required in
other sections of this SOW.
See Section VIII- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 4.7 – GEOTECHNICAL SUPPORT SERVICES
The CONSULTANT shall provide Geotechnical Engineering services to provide support
for review, response, interpretation, and advice on project issues related to geotechnical
conditions, geotechnical baseline report, geotechnical logs, and data reports, as well as
attend and participate in key meetings identified herein. The CONSULTANT shall
provide reviews and responses in support of shop drawing submittals, RFIs, contract
document modifications and change order duties led by the CONSULTANT.
See Section VIII- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 4.8 – STRUCTURAL ENGINEERING SERVICES
The CONSULTANT shall have the structural engineer of record conduct field visits and
provide expert opinion in review of observation of the structural work associated with the
project. California Building Code requires the structural engineer of record to perform
structural observations during construction.
See Section VIII- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 4.9 – SHORING SUPPORT
The CONSULTANT shall provide shoring support to review submittals, RFIs, RFP,
inspection, testing, and conformance to the conformed documents by the shoring
designer of record.
See Section VIII- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 4.10 – ARCHITECTURAL
The CONSULTANT shall provide architectural support to visit the site for items related to
the architectural design. Site visits shall be by the architectural designer of record.
See Section VIII - Quantitative Assumptions in this SOW for the estimated number of
hours.
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 10 of 13
TASK 4.11 – FIRE PROTECTION SERVICES
The CONSULTANT shall secure the services of a fire protection specialist for assistance
in submittal reviews and construction support services during installation and
commissioning of fire protection systems. CONSULTANT shall manage fire protection
subconsultant. The CONSULTANT is not required to be on site with the subconsultant
during the work.
See Section VIII- Quantitative Assumptions in this SOW for the estimated number of
hours.
V. PHASE 5 – COMMISSIONING SERVICES [NOT USED]
VI. PHASE 6 – CLOSEOUT
Closeout tasks include completion of punch list work by the Contractor, final inspection,
completion of Record Drawings, and electronic data. The CONSULTANT shall submit a final
invoice at the completion of the project.
TASK 6.1 – FINAL INSPECTION AND PUNCH LISTS
The CONSULTANT’s construction coordinator, and discipline leads shall attend the final
inspection job walk with the Contractor and OC SAN staff. The CONSULTANT shall
make recommendations on the completion of the work including, but not limited to,
completion of punch list items, site cleanup, and Stormwater Pollution Control Plan.
The CONSULTANT shall assist OC SAN in developing punch lists of items required to
be completed prior to final acceptance of the project by OC SAN.
See Section VIII- Quantitative Assumptions in this SOW for the estimated number of
hours.
TASK 6.2 – RECORD DRAWINGS
Draft Record Drawings shall be submitted to OC SAN within 60 workdays of receipt from
OC SAN of the approved Contractor’s As-Built Drawings. The final Record Drawings
shall be submitted within 21 days of receipt of OC SAN’s comments on the Draft Record
Drawings.
When requested by OC SAN, the CONSULTANT shall attend preliminary as-built
meetings with OC SAN and the Contractor to inspect the Contractor’s draft as-built
drawings to verify that the Contractor has included all relevant information from
approved change orders and RFIs. As part of the review process, the CONSULTANT
shall verify that the Contractor’s draft as-built drawings correctly reflect the information
included in the approved shop drawings, RFIs, approved FCOs, plan clarifications, plan
changes, and other deviations from the conformed Contract Documents, and that the
information in the as-built drawings is complete. Based on the findings, the
CONSULTANT shall prepare a written report on the completeness of the field markup
set. The CONSULTANT shall allow for four (4) meetings/visits to review the
Contractor’s in progress as-built drawings. It is anticipated these meetings will
occur when construction is 25%, 50%, 75% and 100% complete.
SCOPE OF WORK PROJECT NO. P1-137
PCSA Page 11 of 13
The CONSULTANT shall independently keep a CAD ready set of draft as-built drawings
throughout the project. After each meeting with the Contractor, the CONSULTANT shall
transpose the Contractor’s information to the CONSULTANT’s draft CAD ready as-built
drawings. The CONSULTANT shall be responsible for marking-up any differences
between the Contractor’s draft as-built drawings and the CONSULTANT’s set.
After final completion of the project, OC SAN will transmit to the CONSULTANT the
Contractor’s final as-built drawings. At that time, the CONSULTANT shall meet with
OC SAN’s inspectors and Resident Engineer to review the Contractor’s final as-built
drawings for completeness.
The CONSULTANT shall prepare Draft Record Drawings based on the final as-built
drawings for all drawings in accordance with the requirements in the CAD Manual.
Traffic control plans and temporary bracing of shoring will not be updated. The
CONSULTANT shall submit the Draft Record Drawings to the OC SAN Resident
Engineer. The Draft Record Drawings will be reviewed for content and CAD compliance
by OC SAN staff. A comment log will be returned to the CONSULTANT and, if any
comments are generated, the CONSULTANT shall revise the Record Drawings and
resubmit to the OC SAN Resident Engineer for review of the changes and acceptance of
the Record Drawings.
When no additional comments are identified, the CONSULTANT shall prepare the Final
Record Drawings and submit them in accordance with the OC SAN CAD Manual
Chapter 12. All hard copies of the Contractor’s final as-built drawings shall be returned
to OC SAN at this same time. All Record Drawings shall contain a stamp indicating:
The stamp shall be placed in the title block and may be included by x-ref. In addition, a
note shall be placed over the engineer’s seal stating that “This drawing was originally
approved for construction by [name of engineer] on [date] and sealed by [name of
engineer] a licensed professional engineer in the State of California No. [License
number].” The CONSULTANT shall submit an electronic copy of the Record Drawings to
OC SAN for review and acceptance. The acceptance of the Record Drawings shall be
deemed a condition precedent for completion of the services provided in Phase 6 -
Closeout.
The Contractor-generated as-built drawings and the shop drawings will not be updated
by the CONSULTANT.
The format and quantities for delivery of the submittals shall be as listed below:
Contents Draft Record Drawings Final Record Drawings
Hard Copy Sets None None
All related electronic files,
including CAD and
compiled PDFs
Transmit Electronic Files to
OC SAN
Transmit Electronic Files to
OC SAN
“Record Drawings
These record drawings have been prepared based on information provided by others.
The Engineer has not verified the accuracy of this information and shall not be
responsible for any errors or omissions which may be herein as a result.”
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PCSA Page 12 of 13
6.2.1 – Additional Record Documentation – Not Used
TASK 6.3 – PROJECT MANAGEMENT
The CONSULTANT shall also include project management support man-hours related to
closeout activities per requirements stated in Phase 4, Project Management Task.
VII. STAFF ASSISTANCE
The OC SAN staff member or designee assigned to work with the CONSULTANT on the construction
phase of this project is Carmen Quan at (714) 593-7415, email to: cquan@ocsan.gov.
VIII. QUANTITATIVE ASSUMPTIONS
The assumptions listed in the following table below shall be the basis for the assumed level of effort.
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Task Description Assumption
4.1 Project Management 30 months duration from the effective date of the
NTP for this SOW
4.1.1 PMWeb Procedures Meeting Prep and attend 2-hour meeting by PM, PE
4.2.1 Construction Hand-off Meeting PM + PE/SE: Prep and attend 2-hour meeting
4.2.2 PMWeb Submittal Procedures Meeting Attend 2-hour meeting
4.2.3 Preconstruction Conference PM + PE + Architect: Attend 1-hour meeting
PM + PE – Prep & run Inspection Orientation up to
two 1-hour meetings
4.2.4 Pre-Submittal Review Meetings PM + PE + Discipline Lead – Attend three 1-hour
meetings
4.3 Submittals 480 – Original submittals items1
200 – Resubmittal items
40 – 3rd and later resubmittal items
4.4 Requests for Information 400 RFIs
4.5 Contract Document Modifications,
Design Changes, and Change Orders
240 hours
4.6 Construction Progress Meetings
Site Visits During Construction
100 Progress Meetings @ 1 hour each (virtual)
16 Site Visits @ 2 hours each (plus travel)
4.7 Geotechnical Support Services 40 hours
4.8 Structural Engineering Services 35 Site Visits @ 3 hours each (plus travel)
4.9 Shoring Support 20 hours
4.10 Architectural Support Services 6 Site Visits @ 2 hours each (plus travel)
4.11 Fire Protection Services 20 hours
6.1 Final Inspection & Punch Lists 60 hours
6.2 Site Visit to review Contractor’s as-built
marked set
4 Site Visits @ 2 hours each
6.3 Project Management during Closeout 40 hours
1Note that each submittal set includes multiple submittal items which may be individually submitted by the Contractor. The counts
listed in this table are considering the individual submittal items. The level of effort should assume these all are received individually.
CQ:gp:op
4/28/2026
1
Support Buildings Seismic
Improvements at Plant No. 1,
Project No. P1-137
Presented by:
Martin Dix
Engineering Manager Professional Construction Services
Agreement
Operations Committee
May 6, 2026
2
•Submittal Reviews
•Request for Information (RFIs)
•Field Changes
•Construction Meetings
•Site Visits
•Record Drawings
Construction
Support
Services
1
2
4/28/2026
2
3
Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement
with Simpson Gumpertz & Heger, Inc., to provide
construction support services for Support Buildings Seismic
Improvements at Plant No. 1, Project No. P1-137, for a total
amount not to exceed $1,878,000; and
B. Approve a contingency of $187,800 (10%).
Recommendation
3
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4836 Agenda Date:5/6/2026 Agenda Item No:6.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
FY 2026-27 AND 2027-28 CAPITAL IMPROVEMENT PROGRAM BUDGET EXPENDITURES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Staff provided presentations to the Operations and Administration Committees focusing on various
areas of the FY 2026-27 and FY 2027-28 budget development process,that initiated at the January
28,2026,Board of Directors meeting.Staff will make a brief presentation on the proposed
expenditure details of the Capital Improvement Program (CIP)Budget at the Operations and
Administration Committee meetings.
The Operating and Capital Budgets,effective July 1 of this year,will be presented for adoption at the
June 24, 2026, Board of Directors 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:
·Presentation
JF:op
Orange County Sanitation District Printed on 4/28/2026Page 1 of 1
powered by Legistar™
4/28/2026
1
FY 2026-27 and FY 2027-28
Capital Improvement Program
Budget Expenditures
Presented by:
Justin Fenton
Engineering Manager
Operations Committee
May 6, 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
Operating
$260.4
40%
Capital
$318.0
49%
Debt
$60.4
9%
Other
$10.2
2%
FY 2025-26 (Amended)
Total Expenses - $649.0
1
2
4/28/2026
2
The CIP includes all costs to plan, design, and construct capital facilities based on 4 key drivers:
•Additional Capacity
•Regulations
•Strategic Initiative
•Rehabilitation & Replacement
Projects are planned based on our Asset Management Program & validated annually
Capital Improvement Program (CIP)
3
Detail Sheet for every project over $7.5M
•Category
•Status
•Description
•Justification
•Budget Projections
Tables utilized for remaining small projects
Project
Details
4
3
4
4/28/2026
3
•FY 25-26 increase
was addressed via April budget amendment
•Currently ~150
active projects
valued at over $4B
Capital Expenses – 2 Years
5
254
318
261
291
332
314
$0
$50
$100
$150
$200
$250
$300
$350
Budget
FY 25-26
Amended
FY 25-26
Adopted
FY26-27
Proposed
FY 26-27
Adopted
FY27-28
Proposed
FY 27-28
Mi
l
l
i
o
n
s
FY 26-27 & FY 27-28 Spending Detail
6
Collections
35%
Liquid Treatment
27%Other
1%
Solids
7%
Support
Facilities
14%
Utility Systems
16%
FY 27-28
$314M
Collections
41%
Liquid Treatment
29%
Other
2%
Solids
6%
Support
Facilities
11%
Utility Systems
11%
FY 26-27
$291M
5
6
4/28/2026
4
CIP is represented in
three lines of the Cash Flow Projection
•Line 12 -Authorized
Active and Future
Projects
•Line 13 – CIP Savings
& Deferrals
•Line 14 - Allocation
for Planned Projects
Proposed CIP – Lines 12, 13, & 14
7
$(200)
$(100)
$-
$100
$200
$300
$400
$500
$600
26-27 27-28 28-29 29-30 30-31 31-32 32-33 33-34 34-35 35-36
Mi
l
l
i
o
n
s
Authorized (Line 12)Savings and Deferrals (Line 13)Planned (Line 14)
$-
$100
$200
$300
$400
$500
$600
Mi
l
l
i
o
n
s
Proposed Adopted 3.5% Esc Ref Line
•Net CIP: Total of
Lines 12, 13, & 14
•Proposed CIP results in steadier workload
•Long-range projects
were updated to
reflect current costs
•Future Small
Projects Program
spending added
($40M/year)
20-Year Net CIP: $8.3B
8
7
8
4/28/2026
5
• As program projects closed, new projects could start
• Long-term spending forecast was limited
• Change to $40M annual budgets: M-FE-FY26, M-FE-FY27, …
*New M-FE-FYXX added for all 20 fiscal years
M-FE: Small Construction Projects Program [$125M]
• Shifted to Operating Budget (Division 740)
M-STUDIES: Planning Studies Program [$25M]
• Shifted to Operating Budget (Division 740)
M-RESEARCH: Research Program [$10M]
Program
Budgets
9
Proposed
Budget (M)
Budget
Change (M)Project NameProject #
$96($374)Blower Building 1 Standby Power Improvements at P1P1-140
$323$137Primary Sedimentation Basins No. 3-5 Replacement at P1P1-126
$122$122Southern California Edison Substation Replacement at P2P2-145
$690$102Digester Replacement at P2P2-128
$69$69Service Center & CenGen Electrical Replacement at P1P1-144
$ -($55)Power Dist Syst and Power Building C Replacement at P1 & P2J-142
$53$53Power Building C Replacement at P2P2-144
$264($42)B Side Primary Sedimentation Basins Rehabilitation at P2P2-133
$230$40Digester Gas Facilities ImprovementsJ-124
$79$28Digesters Rehabilitation at P2P2-137
$40$24Industrial Control System and IT Data Center Relocation at P1P1-138
$102$23Deep Well Biosolids Management FacilityJ-143
$ -($20)Oxygen Gas Generation Facility at P2P2-142
$ -($17)Central Generation Facilities and OOBS Seismic UpgradesJ-138
$127$17Ocean Outfalls RehabilitationJ-137
Top 15 Project Changes
10
9
10
4/28/2026
6
Primary Effluent
Pump Station Blower
Building
Power
Building 2
11
P1-140: Blower Building 1 Standby
Power Improvements at P1
•Blower Building modifications
•Standby power requirements
•HVAC & roof replacement
•Seismic retro-fit
•Primary Effluent Pump Station demolition work
•Major Aeration Basin & Secondary Clarifier elements deferred
•Results in $374M decrease to this project
Existing
Generator
12
P1-126: Primary Sedimentation
Basins No. 3-5 Replacement at P1
•Replace 3 Circular Primary Clarifiers
•Replace Primary Odor Control
•Gravity flow from Headworks to AS-1
•$137M increase due to:
•Revised & expanded project elements
•Longer construction schedule / added work restrictions
•Updated cost estimate
11
12
4/28/2026
7
•6 new Digesters
•Seismic resilience
•Digester Complex Master Plan
•$107M increase due to:
•Schedule change & cost escalation
•Updated cost
estimate
P2-128: Digester Replacement at P2
13
Power Bldg Digesters
Feed Facility
Summary
14
Proposed
FY 27-28
Proposed
FY 26-27
Estimated
FY 25-26
Revised
Budget
FY 25-26
$349.1$311.4$306.0$306.0Capital Improvement Program (CIP)
(35.5)(20.0)--CIP Savings and Deferrals
----Future Rehabilitation
$313.6$291.4$306.0$306.0Net Capital Expenses
$22.2$(14.6)$0Change from Adopted Budget
7.6%(4.8)%0.0%
Capital Expenses (Millions)
13
14
4/28/2026
8
15
$0
$50
$100
$150
$200
$250
$300
$350
CIP Reserves
Net CIP
$291 50% of 10-Year
CIP
$232
Replacement and
Refurbishment$75
Mil
l
i
o
n
s
FY 26-27 CIP Reserves
Key Meeting Dates
16
January February March April May June
Revenues and
Reserves
Operations
Administration
Expenditures
Operations
Administration
CIP
Operations
Administration
Proposed 2-Year
Budget
Operations
Administration
Board
Insurance
Administration
Budget Assumptions
and Calendar
Board
15
16
4/28/2026
9
Information Item.
Recommendation
17
17
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4671 Agenda Date:5/6/2026 Agenda Item No:7.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
ENGINEERING CONTRACTS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Each month, staff provides an informational presentation on topics of interest to the Board of
Directors. This month’s topic: Orange County Sanitation District Engineering Contracts.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Sound engineering and accounting practices, complying with local, state, and federal laws
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 4/28/2026Page 1 of 1
powered by Legistar™
4/28/2026
1
Engineering Contracts
Presented by:
Mike Dorman
Director of Engineering
Operations Committee
May 6, 2026
1. Operationally funded Planning Studies
2. Capital Improvement Program (CIP) Projects
3. Small Projects (operationally or capital funded)
Project Creation
2
Valve Replacement Erosion Control Cable Replacement
Small Projects
1
2
4/28/2026
2
Master Service Agreements (2)
ABB Control System and
PDB Owner Advisor
Programming
Professional Services (2)
Supplemental
Engineering Services (2)
Progressive Design-Build
(Best Value)
Master Agreements (2)
Planning Studies and
Design/Construction
Contract and Agreement Types
3
Engineering Services
Planning and
Design/Construction
(Qualifications)
On-Call Services (6)
CEQA, Condition Assessment (2),
Material Testing, Survey,
Corrosion
Construction
(Public Low Bid)
Engineering
Department
•CEQA
•Coating and Corrosion ManagementAssessment Staffing Support Services
•Condition Assessment On-CallContractor Support Services
On-Call Planning Contracts (5 years)
4
3/1/2027
3
4
4/28/2026
3
•Coating Inspection
•Geotechnical Testing
•Surveying
On-Call Construction Contracts (5 years)
5
Consultant Fee up to $500,000 per task order ($1M maximum per year)
•Planning Studies (6 firms)
•Design/Construction Services (Small Projects) (18 firms across 4 categories)
Master Agreements (5 years)
6
Task Order Consultant
Selection Bid ConstructionDesign
Small Projects GM Approval
Task Order Consultant
Selection
Planning
Study
Small Planning Studies GM Approval
Design/Construction Services
5
6
4/28/2026
4
Individual Service Agreements (>$500,000)
•Planning Studies
•Professional Design Services -> Professional Construction Services (CIP Projects)
Engineering Service Agreements
7
Request for
Proposal
Consultant
Selection Bid ConstructionDesign
Committee/Board Approval
• Professional Design Service
Agreement (PDSA)
Committee/Board Approval
• Professional Construction
Service Agreement (PCSA)
Request for
Proposal
Consultant
Selection
Planning
Study
Planning Studies
Committee/Board Approval
• Professional Service
Agreement (PSA)
CIP Projects
Design Services Construction Services
Individual Construction Contracts
•Small Projects
•Facilities Engineering (FE) (capital funded projects)
•Facilities Replacement (FR) (operationally funded repair projects)
•CIP Projects (Collections, Plants, and Joint)
Construction Contracts
8
Bid Construction
Committee Approval (>$150,000–$250,000)
Board Approval (>$250,000)
GM Approval
(<=$150,000)
7
8
4/28/2026
5
Individual Progressive Design-Build (PDB) Contracts
•>$5M
•No more than 10 projects
Progressive Design-Build
9
PDB
Request for
Proposal
Design
Builder
Selection
Phase 1
Preconstruction
Committee/Board Approval
• PDB Contract
• Contract Upper Limit
Progressive Design-Build
Guaranteed
Maximum
Price
Phase 2 Final
Design/Early Start
Construction
GM Amendment
Guaranteed
Maximum
Price
Early Equipment
Procurement
GM Amendment
Guaranteed
Maximum
Price
Construction
GM Amendment
•ABB (15 years initial + 10 years of renewals)
•Hardware and software
•Licensing
•Labor services
•PDB Owner Advisor
Master Service Agreements
10
J-120A Control Room Reconfiguration
9
10
4/28/2026
6
$59.4M total (5 years)
•Jacobs Project Management Co.
•AECOM Technical Services, Inc.
Supplemental Engineering Services
11
$4.9M each (5 years)
•Enterprise Automation
•Rockwell Automation, Inc.
Programming Professional Services
12
11
12
4/28/2026
7
Information Item.
Recommendation
13
13
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.