HomeMy WebLinkAboutORANGE, COUNTY OF (PUBLIC WORKS MATERIALS LABORATORY)Return ORIGINAL
DocuSign Envelope ID: C8D7EEB2-B711-4AE5-9040-634FA46DAB80 executed copy to COTC, M-30 A -2021-00 V
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C Ih+ ai4A ,� ;"OUIRED COOPERATIVE SERVICES AGREEMENT
W' 'ROCEF) BETWEEN
THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA
This AGREEMENT, made and entered into by and between the City of Santa Ana, a
municipal corporation located within the County of Orange, State of California, hereinafter
referred to as "AGENCY", and the County of Orange, a political subdivision of the State of
California, hereinafter referred to as "COUNTY". AGENCY and COUNTY shall sometimes be
referred to individually as "PARTY" or collectively as "PARTIES".
RECITALS
WHEREAS, pursuant to California Government Code section 54981, the legislative body
of any local agency may contract with any other local agency for the performance by the latter of
municipal services or functions within the territory of the former, and
WHEREAS, such services or functions may include performance of public projects in
accordance with California Public Contract Code section 22032(a), which provides that public
projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a
public agency by force account, by negotiated contract, or by purchase order.
WHEREAS, the PARTIES mutually desire to serve the citizens of Orange County by
providing a safe environment and enhanced quality of life through improvements to, and
maintenance of, public infrastructure; and
WHEREAS, AGENCY wishes to contract with COUNTY for the performance of various
municipal services or functions as more specifically described in Attachment "A" herein referred
to as "SERVICES"; and
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WHEREAS, COUNTY is willing to provide these SERVICES to AGENCY in
accordance with the terms, conditions and provisions of this AGREEMENT;
NOW, THEREFORE, AGENCY and COUNTY mutually agree as follows:
GENERAL PROVISIONS
SECTION I — PURPOSE AND DEFINITIONS
A. PURPOSE:
The PARTIES are entering into this AGREEMENT pursuant to authority granted by
California Government Code § 54981 to establish the terms, conditions and provisions upon
which AGENCY may request COUNTY to perform SERVICES on the AGENCY's behalf,
including but not limited to performance of public projects in accordance with California Public
Contract Code § 22032(a). The COUNTY may use either COUNTY staff or contractors as the
COUNTY deems appropriate. All COUNTY staff and contractors utilized to perform SERVICES
will work under COUNTY's direction and supervision.
B. DEFINITIONS
1. "AGENCY" shall mean the City of Santa Ana, a municipal corporation.
2. "AGENCY MANAGER" shall mean the AGENCY's Public Works Director, or
authorized designee.
3. "AGREEMENT CAPACITY" shall mean the maximum aggregate dollar value of all
SERVICES that may be provided by COUNTY to AGENCY under this AGREEMENT.
4. "BILLING SCHEDULE" is the component of a WORK ORDER that describes the time
and manner in which AGENCY shall pay COUNTY for SERVICES provided under that
WORK ORDER.
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5. "COUNTY" shall mean the County of Orange, a political subdivision of the State of
California.
6. "COUNTY RESOURCES" shall mean the COUNTY personnel or contractors that may
be used to provide AGENCY with SERVICES under this AGREEMENT. The
COUNTY may utilize any combination of COUNTY staff or contractors as the
COUNTY deems appropriate to provide the requested SERVICES.
7. "DIRECTOR" shall mean the Director, OC Public Works, or authorized designee.
8. "EFFECTIVE DATE" shall be the date that both PARTIES execute this AGREEMENT.
9. "EMERGENCY" for the limited purposes of this AGREEMENT, shall mean the
following: (a) when the COUNTY's Chief Executive Officer determines that there is an
immediate danger to life, safety and property of contracting AGENCY, its citizens, or
the citizens of the COUNTY requiring the performance of EMERGENCY WORK;
and/or (b) when the AGENCY's legislative body or authorized officer declares an
emergency pursuant to the applicable provisions of the Government Code; and/or (c)
when the COUNTY's Board of Supervisors or authorized COUNTY officer declares an
emergency pursuant to Government Code section 8630, et seq.; and/or (d) when the
State or Federal Government, or both, declare an emergency for the geographic area
encompassing all or part of the AGENCY's jurisdiction.
10. "EMERGENCY WORK" is work or services that the AGENCY may require that occurs
due to an EMERGENCY and exceeds the dollar value limits for ONE-TIME
SERVICES.
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11. A "JOB ORDER CONTRACT' is a COUNTY contract for the provision of repair,
remodeling, or other repetitive work done according to unit prices pursuant to Public
Contract Code section 20128.5.
12. "ONE-TIME SERVICES" are SERVICES provided by COUNTY under this
AGREEMENT may be utilized for a specific project, including new construction,
reconstruction, erection, alteration, renovation, improvement, demolition, and repair
work involving any AGENCY -owned, leased, or operated facility, and the painting or
repainting of any AGENCY -owned, leased, or operated facility. ONE-TIME
SERVICES do not include work that is properly classified as RECURRING
SERVICES.
13. "PARTY" or "PARTIES" shall mean either or collectively the AGENCY or COUNTY.
14. A "QUALIFIED VENDOR LIST' is a COUNTY -maintained list of potential
contractors who may provide either services architecture or engineering services that
was assembled by the COUNTY through the Request for Qualification process.
15. "RATE SHEET' shall mean the rate sheet for all SERVICES that COUNTY may
provide under this AGREEMENT, prepared by the COUNTY upon execution of this
AGREEMENT. The RATE SHEET, along with a brief description of the types of work
that may be performed under this AGREEMENT, shall constitute Attachment "A" to
this AGREEMENT.
16. "RECURRING SERVICES" are SERVICES that are performed on a routine, repetitive
basis within a given time period.
17. "SCOPE OF WORK" is a detailed description of the SERVICES and the manner in
which they will be provided.
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18. "SERVICES" shall mean the routine, recurring services, or one-time projects, provided
to AGENCY by COUNTY under the terms of this AGREEMENT, and shall more
explicitly be defined in Attachment "A" hereto.
19. A "STOP WORK ORDER NOTICE" shall mean a written notice by the COUNTY to
the AGENCY, immediately stopping or cancelling all or any part of a WORK ORDER.
20, "URGENT WORK" is unforeseen work that AGENCY may periodically require to be
performed on an urgent, but is not an EMERGENCY, basis, which may exceed the
dollar value limits applicable to ONE-TIME SERVICES. This URGENT WORK may
include either provision of services, or the performance of repair work.
21. A "WORK ORDER" shall be a document created collaboratively by the AGENCY and
COUNTY for the purpose of describing and ordering the time, manner and duration in
which the COUNTY provides AGENCY with SERVICES under this AGREEMENT.
A WORK ORDER shall consist of a SCOPE OF WORK, Estimated Timeline for
performance of the SERVICES, Cost Estimate for performing the SERVICES, and
BILLING SCHEDULE describing the time and manner in which AGENCY shall pay
COUNTY for SERVICES provided thereunder. Once approved by the AGENCY
MANAGER, a WORK ORDER shall incorporated into this AGREEEMENT as an
Exhibit to Attachment A.
SECTION II — ADMINISTRATION OF AGREEMENT
A. PARTIES' REPRESENTATIVES: AGENCY MANAGER shall be
AGENCY's representative in all matters pertaining to this AGREEMENT and will act as liaison
between AGENCY and COUNTY and coordinate the activities of AGENCY staff assigned to
work with COUNTY staff to implement the terms of this AGREEMENT.
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COUNTY'S DIRECTOR shall be authorized to act as COUNTY's representative in all
matters pertaining to this AGREEMENT, and shall act as liaison between AGENCY and
COUNTY and coordinate the activities of COUNTY staff assigned to work with AGENCY staff
to implement the terms of this AGREEMENT.
B. PROVISION OF SERVICES:
The PARTIES agree that:
1. AGENCY may request COUNTY to provide SERVICES of the types described in
Section III at any time; and
2. Subject to the availability of COUNTY RESOURCES and the limitations of
Paragraph 4 herein below, COUNTY may provide SERVICES when requested by AGENCY; and
3. All COUNTY RESOURCES utilized to perform SERVICES will work under
COUNTY's direction and supervision; and
4. If COUNTY RESOURCES are unavailable for whatever reason as determined by
the DIRECTOR, or the DIRECTOR determines that provision of the SERVICES requested by
AGENCY would not be in the COUNTY's best interest or would impair the COUNTY's ability
to provide government services of any type in areas outside the AGENCY's jurisdiction,
COUNTY may decline to provide the requested SERVICES at no penalty to the COUNTY.
5. If COUNTY agrees to provide SERVICES requested by AGENCY, COUNTY, in
collaboration with AGENCY, will prepare a WORK ORDER for approval of AGENCY
MANAGER. Upon approval by AGENCY MANAGER, an approved WORK ORDER shall
become part of the AGREEMENT between the PARTIES as described in Section VII(C) herein;
provided, however, WORK ORDERS may not materially change the terms this AGREEMENT or
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any Attachments, but rather may only specify the times, manner and total cost particular
SERVICES to be provided under this AGREEMENT.
Upon obtaining AGENCY's approval of a WORK ORDER, COUNTY will perform or
cause to be performed the requested SERVICES and shall invoice the AGENCY in the manner
described in Section III.
6. The COUNTY may, at any time, by written STOP WORK ORDER NOTICE to
the AGENCY, immediately stop or cancel all or any part of a WORK ORDER, for a period of 90
days after the STOP WORK ORDER NOTICE is delivered to the AGENCY and for any further
period to which the Parties may agree. Within a period of 90 days after a STOP WORK ORDER
NOTICE is delivered to the AGENCY, or within any period to which the Parties shall have agreed,
the COUNTY shall either:
a. Cancel the STOP WORK ORDER NOTICE; or
b. Cancel the WORK ORDER immediately in whole or in part in writing as soon as
feasible.
C. AGREEMENT CAPACITY: The AGREEMENT CAPACITY shall not
exceed $1,500,000.
SECTION III - SERVICES
A. WARRANTIES BY AGENCY: Agency warranties, promises and agrees as
follows:
1. The SERVICES ordered by AGENCY and provided under this AGREEMENT
do not violate the force account limits applicable to AGENCY.
2. The AGENCY will not order any SERVICES that would violate any statutory or
contractual obligation of AGENCY.
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B. DEFINITION OF SERVICES: The COUNTY may provide the following
types of SERVICES to the AGENCY in the following manner:
I. RECURRING SERVICES: AGENCY may request, and COUNTY may
provide, RECURRING SERVICES of the following types:
a. Maintenance work as described in Public Contract Code section 22002(d)
b. Architect or engineering services provided by COUNTY on -call
contractors.
2. ONE-TIME SERVICES: AGENCY may request, and COUNTY may
provide, ONE-TIME SERVICES.
C. LIMITS ON THE PROVISION OF SERVICES: SERVICES may be
provided AGENCY in the following manner:
Delivery of RECURRING SERVICES: RECURRING SERVICES may be
provided by COUNTY to AGENCY utilizing COUNTY personnel or contractors, except that
(a) JOB ORDER CONTRACTS shall not be used to provide RECURRING SERVICES; (b)
architect and engineering services can only be provided to AGENCY (i) using COUNTY
contractors, and not COUNTY personnel, (ii) if such architect and engineering contractors
agree in writing to provide to AGENCY all such contractual defense, indemnification and
insurance provisions they are contractually obligated to provide to COUNTY, and (iii) if such
architect and engineering contractors agree in writing to obtain and comply with all permits
required by the applicable permitted authority; and (c) COUNTY shall not procure contracts for
the sole benefit of AGENCY, but may use existing on -call contracts, provided, however, that
this limitation shall not prohibit the COUNTY from entering into a contract with a vendor on an
active COUNTY QUALIFIED VENDOR LIST to provide SERVICES to AGENCY. The
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aggregate cost of RECURRING SERVICES provided to AGENCY may be in any amount up to
the AGREEMENT CAPACITY.
2. Delivery of ONE-TIME SERVICES: ONE-TIME SERVICES may be
provided by COUNTY to AGENCY utilizing COUNTY personnel or contractors, except that
(a) JOB ORDER CONTRACTS shall not be used to provide ONE-TIME SERVICES; (b)
architect and engineering services can only be provided to AGENCY (i) using COUNTY
contractors, and not COUNTY personnel, (ii) if such architect and engineering contractors
agree in writing to provide to AGENCY all such contractual defense, indemnification and
insurance provisions they are contractually obligated to provide to COUNTY, and (iii) if such
architect and engineering contractors agree in writing to obtain and comply with all permits
required by the applicable permitted authority; (c) COUNTY shall not procure contracts for the
sole benefit of AGENCY provided, however, that this limitation shall not prohibit the
COUNTY from entering into a contract with a vendor on an active COUNTY QUALIFIED
VENDOR LIST to provide SERVICES to AGENCY; and (d) the maximum value of ONE-
TIME SERVICES for the performance of a public project, if applicable and as defined in Public
Contract Code section 22002(c), shall not exceed the limits set forth in Public Contract Code
section 22032(a) or $60,000 per project, whichever is the greater. Neither COUNTY nor
AGENCY shall use this AGREEMENT to engage in project splitting in violation of law, or in
violation of applicable COUNTY or AGENCY policy.
D. ORDERING SERVICES: RECURRING SERVICES and ONE-TIME
SERVICES may be ordered by the drafting of a WORK ORDER. The WORK ORDER, as part
of the SCOPE OF WORK, shall also memorialize the AGENCY's completion of any necessary
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environmental review, and shall specify which PARTY is responsible for obtaining necessary
permits.
The PARTIES shall collaborate in the drafting of all WORK ORDER. No WORK
ORDER shall be effective until signed by both the AGENCY MANAGER and DIRECTOR or
designee. Once effective, WORK ORDERS shall amend and become part of this
AGREEMENT, except that WORK ORDERS may not change the terms of the General
Provisions or any Attachments. No WORK ORDER shall result in the expenditure of any funds
or provision of any SERVICES that would exceed the AGREEMENT CAPACITY. No
WORK ORDER shall have a period of performance that exceeds the TERM of this
AGREEMENT.
E. COST OF SERVICES: Cost Estimates for SERVICES provided under this
AGREEMENT shall be drafted according to the RATE SHEET prepared by COUNTY. The
RATE SHEET shall be prepared and updated annually by the COUNTY, in the manner
authorized by the COUNTY's Board of Supervisors, during the TERM of this AGREEMENT,
and shall be made part of this AGREEMENT as Attachment "A" and incorporated herein by
reference once prepared by the COUNTY and provided to AGENCY. The COUNTY may also
provide SERVICES using contracts awarded by, or pursuant to the delegated authority of, the
COUNTY's Board of Supervisors. In the event that the COUNTY provides SERVICES using
these contracts, the cost shall be that set forth in the respective contract, phis the added rate set
forth in the RATE SHEET for any COUNTY labor used in administering or procuring those
contracts.
F. URGENT WORK: From time to time, AGENCY may require the COUNTY
to provide URGENT WORK under this AGREEMENT.
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1. URGENT WORK may only be performed when authorized by, and at the
discretion and direction of, the COUNTY's Chief Executive Officer. URGENT WORK is
defined as work that AGENCY demonstrates is necessary to prevent a potential threat to the
life, safety, or property of the citizens of the County of Orange were such URGENT WORI{ not
to be performed, but where such circumstances do not yet constitute an EMERGENCY as
defined in this AGREEMENT.
2. URGENT WORK is limited to activities as the AGENCY and COUNTY agree
are reasonably necessary to prevent an EMERGENCY (as defined in this AGREEMENT) from
occurring. The scope of URGENT WORK that may be provided by any single WORK ORDER
under this AGREEMENT shall only be that which is necessary to mitigate the potential threat of
an EMERGENCY developing. Once the threat of an EMERGENCY developing is mitigated,
any further repair work necessary for complete reconstruction of AGENCY facilities or property
shall be delivered as ONE-TIME SERVICES or by separate contract.
3. URGENT WORK shall be ordered by WORK ORDER.
4. URGENT WORK may be delivered using JOB ORDER CONTRACTS;
provided, however, that the total amount of URGENT WORK delivered by JOB ORDER
CONTRACT shall not exceed the lesser of $250,000 or the remaining amount of the
AGREEMENT CAPACITY per WORK ORDER for URGENT WORK.
5. URGENT WORK shall be billed to AGENCY in the same manner as that of
SERVICES provided under this AGREEMENT.
G. EMERGENCY WORK: From time to time, the AGENCY may require the
performance of "EMERGENCY WORK".
1. EMERGENCY WORK shall only be performed in the event of an Emergency.
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2. EMERGENCY WORK shall be ordered by WORK ORDER.
3. EMERGENCY WORK may be performed either by COUNTY personnel or
COUNTY contractors, or both, as is determined necessary by the DIRECTOR and the
COUNTY's Chief Executive Officer. EMERGENCY WORK may be performed by COUNTY
JOB ORDER CONTRACT Contractors under existing COUNTY JOB ORDER CONTRACT.
4. EMERGENCY WORK shall be billed to AGENCY in the same manner as that of
SERVICES provided under this AGREEMENT.
The scope of EMERGENCY WORK that may be provided under this
AGREEMENT shall only be that which is necessary to mitigate the threat of the EMERGENCY
to the health, safety and welfare of the citizens of the County of Orange, COUNTY -owned
infrastructure or facilities, or infrastructure or facilities owned or operated by other public
entities located within the County of Orange. Once the EMERGENCY is mitigated, any further
repair work necessary for complete reconstruction of AGENCY facilities or property shall be
delivered as ONE-TIME SERVICES or by separate contract.
6. The value of all EMERGENCY WORK provided under this AGREEMENT shall
not exceed the AGREEMENT CAPACITY.
SECTION IV— BILLING AND INVOICING
COUNTY shall submit invoice(s) to AGENCY for SERVICES provided. The invoiced
amount shall reflect the agreed upon costs and fees set in the manner authorized by the
COUNTY's Board of Supervisors or as set forth in a contractor awarded by, or pursuant to
authority delegated by, the COUNTY's Board of Supervisors. All amounts invoiced to AGENCY
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shall reasonably reflect COUNTY's actual costs for providing those SERVICES to AGENCY in
accordance with applicable COUNTY Revenue Policy.
AGENCY shall pay all invoices sent by COUNTY in the manner described in the relevant
WORK ORDER. AGENCY assumes all risk of loss if payments are mailed. Payment shall be
deemed complete when received by the COUNTY.
Notwithstanding any other provision of this AGREEMENT, this obligation of AGENCY
to pay for SERVICES performed by the COUNTY shall remain in effect until such time as
COUNTY has received all payment for the SERVICES it has performed.
SECTION V - DEFENSE AND INDEMNIFICATION
COUNTY agrees to indemnify, defend with counsel approved in writing by AGENCY,
protect and hold harmless the AGENCY, its officers, elected or appointed officials, employees
and volunteers from and against any and all claims, demands, losses, defense costs or expenses,
or liability of any kind or nature which the AGENCY, its officers, elected or appointed officials,
employees and volunteers may sustain or incur or which may be imposed upon them for injury
to or death of persons or damage to property arising out of COUNTY's negligent or willful
wrongful acts in performing under the terms of this AGREEMENT. COUNTY shall defend, at
its expense, including attorney fees, AGENCY, its officers, agents, employees, independent
contractors and volunteers in any legal action or claim of any kind based upon such alleged acts
or omissions. The COUNTY shall not be liable in any way or indemnify the AGENCY, its
officers, elected or appointed officials, employees and volunteers for AGENCY'S negligence or
the negligence of AGENCY's officers, officials, employees or volunteers.
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AGENCY agrees to indemnify, defend with counsel approved in writing by COUNTY,
protect and hold harmless the COUNTY, its officers, elected or appointed officials, employees
and volunteers from and against any and all claims, demands, losses, defense cost or expenses,
or liability of any kind or nature which the COUNTY, its officers, elected or appointed officials,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons or damage to property arising out of the AGENCY's negligent or wrongful
acts in performing under the terms of this AGREEMENT. The AGENCY shall not be liable in
any way or indemnify the COUNTY, its officers, elected or appointed officials, employees and
volunteers for COUNTY's gross and willful negligence, or the gross and willful negligence of
COUNTY's officers, elected or appointed officials, employees or volunteers. If judgment is
entered against AGENCY and COUNTY by a court of competent jurisdiction because of the
concurrent active negligence of AGENCY or COUNTY, AGENCY and COUNTY agree that
liability will be apportioned as determined by the court. Neither PARTY shall request a jury
apportionment.
Without limiting the foregoing, AGENCY indemnification also extends to COUNTY
employees or agents serving as inspectors in the AGENCY whose duties include recurring
inspection to identify maintenance and repair needs. The failure to identify a hazard not currently
involved in maintenance or repair which results in claim shall not transfer responsibility for the
hazard to the COUNTY. COUNTY responsibility includes maintenance and repair work in
progress by COUNTY employees or contract work under COUNTY administration.
Each PARTY agrees to fully cooperate with the other and assist the other PARTY hereto
in all matters relating to losses covered by the terms of this AGREEMENT, and more specifically
but not being limited thereby, each PARTY will:
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Give prompt notification of all occurrences covered or likely to be covered by
Section V of this AGREEMENT;
2. If claim is made, or suit is brought against a PARTY on occurrences covered or
likely to be covered by the terms hereof, such PARTY shall immediately forward every claim,
demand, notice, summons or other process received by it to the other PARTY.
Either PARTY may, at its own expense, participate in the defense of any suit, or in the
prosecution of any appeal affecting matters herein involved where the duty of defense or
prosecution is imposed on the other PARTY, and where that other PARTY has consented to that
participation.
SECTION VI — DISPUTE RESOLUTION
In the event that either PARTY contends that the other PARTY has failed to perform any
of it obligations under this AGREEMENT, that PARTY shall, within ten (10) business days of
becoming aware of the facts constituting that dispute, provide notice of the dispute to the other
PARTY in the manner set forth in this AGREEMENT. Thereafter, the DIRECTOR and
AGENCY MANAGER shall meet and confer in good faith to resolve any such dispute.
In no event shall either PARTY initiate any action in equity or at law prior to engaging in
the meet and confer process described in this Section.
SECTION V11- MISCELLANEOUS PROVISIONS
A. TERM: The term of this AGREEMENT shall commence upon its
EFFECTIVE DATE and shall remain in effect for three (3) years; until the AGREEMENT
CAPACITY has been expended; or otherwise terminated by either PARTY.
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B. TERMINATION: Either PARTY may at anytime, for any reason, and with or
without cause, terminate this AGREEMENT by serving upon the non -terminating PARTY, in the
manner set forth in Section VII(D) herein, a written Notice of Termination at least thirty (30)
days prior to the date of termination. The terminating PARTY shall not be obligated to provide
any reason for exercising its right to terminate this AGREEMENT. If COUNTY initiates a Notice
of Termination, that Notice shall include an invoice for all SERVICES that have not yet been
invoiced to AGENCY. If AGENCY initiates a Notice of Termination, upon receipt of said Notice,
County shall prepare and serve on AGENCY a final invoice for all SERVICES performed by
COUNTY that have not yet been invoiced to AGENCY. AGENCY'S obligations under this
AGREEMENT shall remain in effect until the COUNTY has received all payments for
SERVICES previously performed.
C. ENTIRE AGREEMENT AND CONSTRUCTION: This AGREEMENT, any
Attachments and any WORK ORDER issued under the provisions herein, constitutes the entire
agreement between the PARTIES with respect to the matters provided for herein.
D. NOTICE: All notices or other communication provided for herein shall be in
writing and shall be personally served or delivered by United States mail, registered or certified
return receipt requested, postage prepaid, addressed as follows:
AGENCY:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702-1988
714-647-5635
COUNTY:
Blaine Thomann, Laboratory Manager
OCPW Construction
1152 E. Fruit Street
Santa Ana, CA 92701
714-667-4996
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Fax 714-647-6956 Blaine.Thomannna ocpw.ocaov.com
Any PARTY may, by notice to the others, designate a different address for notices that
shall be substituted for that specified above. Any notice given as provided in this subparagraph
shall be deemed to have been received, if personally served, as of the date and time of service, or
if deposited in the mail as provided above, forty-eight (48) hours after deposit in the mail.
E. NON -ASSIGNMENT: This AGREEMENT shall not be assigned except by written
amendment to this AGREEMENT.
F. EXECUTION IN COUNTERPARTS: This AGREEMENT may be executed in
counterparts, each of which when executed and delivered shall be considered an original, and when
taken together shall constitute a single document.
G. ATTORNEY'S FEES: In any action or proceeding brought to enforce or interpret
any provision of this AGREEMENT, or where any provision hereof is validly asserted as a
defense, each PARTY shall bear its own attorney's fees and costs.
H. AMENDMENTS: No alteration or variation of the terms of this AGREEMENT shall
be valid unless made in writing and signed by the PARTIES hereto, and no oral understanding or
AGREEMENT not incorporated herein shall be binding on any of the PARTIES hereto.
I. COMPLIANCE WITH APPLICABLE LAW: Each PARTY and their respective
contractors shall at all times and in all respects comply with all applicable federal, state and local
laws, ordinances, regulations, and permits with respect to their performance of this
AGREEMENT.
J. INTERPRETATION: This AGREEMENT shall be construed and enforced in
accordance with California law. The PARTIES acknowledge that the PARTIES and their counsel
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have both reviewed and revised this AGREEMENT, that it is the product of the PARTIES' mutual
drafting efforts, and that therefore the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting PARTY shall not be employed in the interpretation of this
AGREEMENT or any exhibits or amendments hereto.
K. CALENDAR DAYS: Any reference to the word "day" or "days" shall mean
calendar day or calendar days respectively, unless otherwise expressly provided.
L. FORCE MAJEURE: COUNTY shall not be assessed with damages or penalties
for unsatisfactory performance during any delay in the performance of any work under this
AGREEMENT caused by any act of God, war, civil disorder, employment strike or other cause
beyond its reasonable control, provided COUNTY gives written notice of the cause of the delay
to the AGENCY within 24 hours of the start for the delay.
M. SEVERABILITY: If any part of this AGREEMENT is held, determined or
adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction, the remainder
of this AGREEMENT shall be given effect to the fullest extent reasonably possible.
N. AUTHORITY: The PARTIES represent and warrant that this AGREEMENT has
been duly authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
O. PRECEDENCE: In the event there is a conflict in language between any
component documents of this AGREEMENT, the conflict in language shall be resolved by
treating the language of the General Provisions as controlling over the language of any
Attachments and any WORK ORDERS; and the language of any Attachments as controlling
over the language of any WORK ORDERS.
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[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on
the dates following their respective signatures effective as of the date first above written:
COUNTY OF ORANGE ("COUNTY")
By: 4,&-rc6
James Treadaway, Director
County of Orange, California
Date: C c Z I
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: U1 wam MKI
Deputy
CITY OF SANTA ANA ("AGENCY")
By:
Kristine Ridge,, Citj Manager,
Public Works Agency, Santa Ana, California
Date: TW 7 i l
APROVED AS TO FORM
By: #M, -f.4,
%hn M. Funk
Sr. Assistant City Attorney
Daisy Gomez
Clerk of the Council
Page 20 of 21
DocuSign Envelope ID: C8D7EEB2-B711-4AE5-9040-634FA46DAB80
Attachment A
Scope of Services / Rate Sheet
[INTENTIONALLY LEFT BLANK]
Page 21 of 21
C
000010P
ar
0
JIM 10
L
Municipal Services
Program
Materials Testing
Geotechnical Services
Section 1— Statement of Services
OC Public Works Materials Laboratory
Geotechnical Engineering and Materials Laboratory TestingServices
Page 2 of 4
• Moisture content
• Cleanness value
• Percent (%) Organics
• Plasticity index
R-Value & Concrete Strength: This unit provides R-value testing for design of road structural
sections. This unit also provides PCC cylinder compression testing for required concrete strength.
The following tests are conducted in this unit:
• R-Value
• PCC Cylinder compressive strength
• Wet track abrasion
Compaction/AC Compaction: This unit provides field testing with a nuclear density gauge to
determine in -place density and moisture of soil, aggregate base, and asphalt to determine
relative compaction of the materials. The following tests are conducted in this unit:
• Relative compaction
• In -place max density
• Soil compaction using nuclear gauges
• Asphalt compaction using nuclear gauges
Asphalt: This unit provides for preparation of the samples for testing and Q/A testing of asphalt.
The following tests are conducted in this unit:
• Preparation of Bituminous mixtures
• Specific gravity
• Stability value (S-Value)
• Asphalt binder content by ignition
Plant Inspection: This unit provides of materials inspection at concrete and asphalt plants. This
may also include materials inspection on jobsites from stockpiles and/or fresh asphalt materials.
The following activities and tests conducted by this unit include:
• Sampling of stockpile (aggregate base, bedding sand, backfill) materials onjobsite
• Sampling PCC aggregates at the plant
• Sampling asphalt aggregates at the plant
• Collecting field samples of asphaltconcrete
• PCC sampling and cylinder fabrication
• Testing the slump of fresh PCC
• Witnessing D-load testing for Reinforced Concrete Pipe (RCP)
OC Construction
1152 East Fruit Street, Santa Ana, CA 92701
http://occonstruction.ocpublicworks.com
714.245-4500 1 lnfo@OCPW.ocgov.com
OC Public Works Materials Laboratory
Geotechnical Engineering and Materials Laboratory TestingServices
Page 4 of 4
*Note: The Laboratory no longer performs the tests shown with strikethroughs because the test has
been deleted or superseded.
OC Construction
1152 East Fruit Street, Santa Ana, CA 92701
hftp://omonstruction.ocpublimorks.com
714.245-4500 1 Info@OCPW.ocgov.com
Section 2
Board Resolution No. 17-131
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
October 31, 2017
WHEREAS, OC Materials Laboratory (David Dixon Memorial Materials Laboratory) provides
geotechnical engineering, engineering geology, and pavement analysis as well as acceptance testing,
quality assurance of construction materials for capital project programs, maintenance programs, and
development activities for the County of Orange and other eligible agencies that may seek OC Materials
Lab assistance; and
WHEREAS, OC Materials Laboratory fees are currently governed by Resolution 93-1399, effective as of
February 14, 1994, which set an hourly base rate of $69 an hour. And, in a memo dated September 19,
2000, the Materials Laboratory updated the test rates based on changes in testing procedures/test times,
but continued to use the $69 an hour base rate from Resolution 93-1399; and
YMT EAS, the Materials Laboratory has updated the test times due to new technological enhancements.
OC Public Works' Finance used the new test times and the classification hourly rate for all direct labor
cost. For the proposal rate, the classification hourly rate includes the employee's average roster hourly
rate, burden rate, and overhead rate; and
WHEREAS, the Board of Supervisors has conducted a duly notice public hearing pursuant to California
Government Code Section 66018 on October 31, 2017, to consider the proposed fee modifications.
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby:
1. Find that the adoption of the Resolution approving the proposed fee schedule is Statutorily
Exempt from the provisions of CEQA pursuant to Section 15273(a)(1) and (a)(2) of the
CEQA Guidelines for the establishment or modification of rates, fees, and charges which are
for the purpose of meeting operating expenses, including employee wage rates and fringe
benefits and purchasing or leasing supplies, equipment, or materials.
2. Approve and adopt the Materials Laboratory Testing Fee Program attached hereto as Exhibit
1.
3. Find that the fees contained in the Materials Laboratory Testing Fee Program established
pursuant to this Resolution meet the requirement set forth in subdivision (e)(1), (e)(2) and/
or(e)(3), as applicable, of Section I Article XIII C of the California Constitution, and are
therefore exempt from the definition of a tax as used therein.
4. Find that the revenue resulting from the Materials Laboratory Testing Fee Program
established pursuant to this Resolution will not exceed the estimated reasonable costs to
provide the services and that the costs of providing these services are reasonably allocated
among the fees established hereby.
BE IT FURTHER RESOLVED that effective January 1, 2018, this Board hereby establishes the OC
Public Works Materials Laboratory Testing Fee Program as shown in Exhibit 1, and thereby rescinds
Resolution 93-1399.
BE IT FURTHER RESOLVED that the OC Public Works Materials Laboratory Fee Program schedule
includes a fee category for time and materials. For time and material charges, applicants will be charged
by the hour, or fraction thereof. For the classifications performing the services at the following rates,
which in include a multiplier to the base salary for full cost recovery.
Resolution No. 17-131. Item No. 36
Materials laboratory Fee Schedule Page 1 of 10
Section 2
Board Resolution No. 17-131 Exhibit I Attachment A
Table of Contents
Introduction......................................................................................................................... 4
Part1. General Provisions.................................................................................................... 5
Fee Schedule Authorization....................................................................................................... 5
Cooperative Agreement............................................................................................................ 5
FeeTypes................................................................................................................................... 5
ResponsibleParty...................................................................................................................... 5
Overtime.................................................................................................................................... 5
FeeWaivers............................................................................................................................... 5
Refundsof Fees......................................................................................................................... 6
Interpretationof the Fee Schedule...........................................................................................6
Requestfor Services.................................................................................................................. 6
ReportingTest Results............................................................................................................... 6
Part2. Services..................................................................................................................... 7
FIELD INSPECTION AND TESTING (Hour)................................................................................... 8
LABORATORY TESTING (Each)................................................................................................... 8
EXPLORATORY AND CORE DRILLING (Hour).............................................................................. 9
Appendix A — Board of Supervisors Resolution Adopting Laboratory Testing Fee ScheduleA.10
Page 3 of 10
Section 2
Board Resolution No. 17-131 Exhibit 1 Attachment A
Part 1. Genera] Provisions
Fee Schedule Authorization
The fees established for this program were approved by the Board of Supervisors on October 31, 2017
by adoption of Resolution No. which includes the approved testing fee schedule
(Appendix A).
Cooperative Agreement
Cities within Orange County or various special districts within Orange County that desire to use OC
Materials Laboratory testing services shall enter a cooperative agreement that is approved by the Board
of Supervisors. The city or district entering such a cooperative agreement shall designate an official or
designated employee to be the Responsible Party.
Fee Types
The OC Materials Laboratory Fee Schedule includes two fee types: 1) flat fee for laboratory testing; and
2) Hourly rate for field inspection and testing. The hourly rate is based on weighted actual cost of staff
time, including burden, overhead and indirect costs. Laboratory testing shall be on a per test basis using
the applicable test fee as shown in the Fee Schedule below.
Responsible Party
The Responsible Party will be a various cities or special districts in Orange County that desire to use the
OC Materials Laboratory services through a cooperative agreement that is approved by the Board of
Supervisors, The Responsible Party shall designate through the cooperative agreement an appropriate
official or designated employee to authorize services, review materials reports and invoices, and
authorize payments. The Responsible Party will have 10 business days of receipt of an invoice to submit,
reject, or appeal fees and charges. In the event there is a change in the official or designated employee,
the Responsible Party shall submit written notice with the name of the new official or designated
employee. Through the cooperative agreement, the Director of OC Public Works (Director) or his
designee shall be the County Responsible Party.
Overtime
For all time and materials charges, overtime shall be available upon the Director's authorization and the
Responsible Party's approval only. From time to time, overtime may be directed by the Responsible
Party's official or designee to ensure field services are performed with minimal disruption of the general
public. Overtime shall be calculated as 1.5 times the base hourly rate for the field inspection and
testing or double of the flat fee for laboratory testing.
Fee Waivers
Fee waivers may be granted by the County Board of Supervisors pursuant to resolution. In addition, the
Director or designee may reduce or waive fees for emergencies related to natural or man-made
disasters at the written request of the Responsible Party.
Page 6 of 10
Section 2
Board Resolution No. 17-131 Exhibit 1 Attachment A
Part 2.5ervices
The fees for the services offered by the OC Materials Laboratory identified in this section have been
approved by the Orange County Board of Supervisors by Board Resolution. The adopted Resolution and
fees are found in Appendix A of this fee program.
CTM
AASHTO/ASTM
TEST DESCRIPTION
FEE
FIELD INSPECTION AND TESTING (Hour)
125
Materials Inspection (Plants)
$ 96.00
231
In -Place Density (Compaction)
$ 96.00
375
AC In -Place Density
$ 96.00
LABORATORY TESTING (Each)
202
T27 T30
Grading
Coarse
Fine
$ 32.00
$ 94.00
203
T88
Hydrometer
Only
Includes Grading
Includes No. 200 when performed w/R-value
Includes Grading when performed w/R-value
$ 194.00
$ 257.00
$ 51.00
$ 104.00
205
T335
Percent Crushed Particles
$ 122.00
Specific Gravity
206
207
208
211
T85
T84
T96
Coarse Aggregate
Fine Aggregate
Bituminous Aggregate
Abrasion by LA Rattler
$ 80.00
$ 207.00
$ 92.00
$158.00
216
Maximum Unit Weight (Compaction)
D1557
One Mold
Wet Curve
Dry Curve
Dry Curve
$ 158.00
$ 233.00
$ 241.00
$ 274.00
217
T176
Sand Equivalent
One Tube
Two Tube w / statistics
$ 50.00
$ 98.00
226
T255
Moisture Content
Page 7 of 10
Section 2
Board Resolution No. 17-131 Exhibit 1 Attachment A
EQUIPMENT
CREW
PEE
EXPLORATORY AND CORE DRILLING (Hour)
Central Mining Equipment (CME)
• Truck Mounted Drill Rig CME 55
Drilling Services with 2-man Crew
$ 364.00
• Truck Mounted Drill Rig CME 45C
• Tractor Mounted Drill Rig CME 850
Central Mining Equipment (CME)
• Truck Mounted Drill Rig CME 55
Drilling Services with 3-man Crew
$ 470.00
• Truck Mounted Drill Rig CME 45C
• Tractor Mounted Drill Rig CME 850
Central Mining Equipment (CME)
Asphalt or Concrete Coring
$ 347.00
• Truck Mounted Drill Rig CME 45C
Page 9 of 10
Section 2
Board Resolution No.17-131
The foregoing was passed and adopted by the following vote of the Orange County Board of
Supervisors, on October 31, 2017, to wit:
AYES: Supervisors: ANDREW DO, SHAWN NELSON, LISA A. BARTLETT
MICHELLE STEEL
NOES: Supervisor(s): TODD SPITZER
EXCUSED: Supervisor(s):
ABSTAINED: Supervisor(s):
t C
CHAJRMAN
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, ROBIN STIELER, Clerk of the Board of Orange County, California, hereby certify that
a copy of this document has been delivered to the Chairman of the Board and that the above and
foregoing Resolution was duly and regularly adopted by the Orange County Board of Supervisors
IN WITNESS WHEREOF, I have hereto set my hand and seal.
Resolution No:
17-131
Agenda Date:
10/31/2017
Item No:
36
i
IELER
Clerk of the Board
County of orange, State of Califomia
I certify that the foregoing is a true and correct copy or the
" " a Resolution adopted by the Board of'Supervisors, Orange County,
State of Califomia
Robin Sti , Clerk of the Board of Su ervisors
By:
D I
C PublicWorks
DAVID DIXON MEMORIAL
MATERIALS LABORATORY
QUALITY ASSURANCE PLAN
AUGUST 2019
1152 E. FRUIT STREET
SANTA ANA. CA 92701
A ke
AAsm l"s
TABLE OF CONTENTS
TABLEOF CONTENTS..................................................................................................................................3
MISSIONSTATEMENT..................................................................................................................................4
LABSERVICES..................................................................................................................................................5
DEFINITIONOF TERMS..............................................................................................................................6
QUALITY ASSURANCE REQUIREMENTS.............................................................................................7
LaboratoryAccreditation....................................................................................................................................7
Laboratory Personnel Certification...................................................................................................................7
CorrelationTesting Program..............................................................................................................................8
Maintenance of Laboratory and Testing Equipment..................................................................................... 8
TESTING GUIDELINES 9
................................................................................................................................
AcceptanceTesting (AT)....................................................................................................................................9
IndependentAssurance Program (TAP)...........................................................................................................9
Acceptance of Minor Quantities of Materials Without Testing.................................................................10
REPORTING ACCEPTANCE TESTING RESULTS.............................................................................11
CONSTRUCTION MATERIALS DISPUTE RESOLUTION...............................................................12
TESTING OF MANUFACTURED MATERIALS...................................................................................13
Certificateof Compliance.................................................................................................................................13
SourceInspection...............................................................................................................................................13
PROJECT CERTIFICATION........................................................................................................................14
RECORDS..........................................................................................................................................................15
APPENDIX I MATERIALS LAB CONTACTS........................................................................................16
APPENDIX II LIST OF TESTS PERFORMED.......................................................................................17
APPENDIX III EXAMPLE OF TEST RESULT......................................................................................19
APPENDIX W ACCEPTANCE TESTING FREQUENCIES..............................................................20
APPENDIX V SAMPLE MATERIALS CERTIFICATION...................................................................21
APPENDIX VI CONTRACTS FILE ORGANIZATION SYSTEM....................................................22
Page 3 of 25 Quality Assurance Plan 2019
LAB SERVICES
The David Dixon Memorial Materials Laboratory (LAB) provides the following services:
1. Geotechnical engineering, engineering geology, pavement analysis, and foundation
investigations for COUNTY facilities
2. Evaluation and acceptance of mix designs including asphalt concrete (AC) mix design,
Portland cement concrete (PCC) mix design, cement treated soils, and soil stabilization mix
designs, for all COUNTY projects, subdivision infrastructure and COUNTY prop"
encroachment permits
3. Quality assurance testing on construction materials including aggregates, AC, PCC, and soils
for all COUNTY projects, subdivision infrastructure, and COUNTY property
encroachment permits
4. Acceptance and quality assurance testing as described above for Cities under contract with
the County through OC Public Works
Page 5 of 25 Quality Assurance Plan 2019
QUALITY ASSURANCE REQUIREMENTS
The David Dixon Memorial Materials Laboratory (LAB) will perform Acceptance Testing (AT) on
all COUNTY projects, including federal and state grant funded projects. The LAB is under the
responsible management of a California Registered Engineer with experience in sampling, inspection,
and testing of construction materials. The engineer shall certify the results of all tests performed by
laboratory personnel under their supervision. The LAB shall maintain certified testing equipment
capable of performing the tests listed in Appendix II of this QAP.
The LAB reserves the option to use a private consultant materials laboratory to perform Acceptance
Testing on certain projects. Private consultant materials laboratories under contract with the LAB
shall be required to comply with the provisions of this QAP.
LABORATORY ACCREDITATION
The LAB is Caltrans certified for testing aggregates, asphalt concrete, soils, and Portland cement
concrete materials. Caltrans verifies the LAB's ability to perform quality materials testing though site
inspection, approval of the LAB's accreditation manual, equipment calibration check, and successful
completion of proficiency sample testing through Caltrans' Reference Sample Program. Caltrans
evaluates the LAB's certification on an annual basis.
The LAB is AASITFO accredited for its Quality Management System and for testing aggregates,
asphalt concrete, and soils. AASHTO resource evaluates the LAB's accreditation status on an annual
basis and confirms the LAB has received all applicable on -site assessments and quality management
system evaluations. The review includes an evaluation of updated personnel information. The LAB is
also required to participate in the AASHTO resource Proficiency Sample Program.
LABORATORY PERSONNEL CERTIFICATION
All Caltrans Tests listed in Appendix ILC of this QAP shall be performed by LAB personnel
certified by Caltrans in accordance with the current edition of the Caltrans Independent Assurance
Manual. Caltrans certifications shall be renewed every 3 years.
LAB personnel shall have thorough knowledge of:
• Responsibilities of sampling and testing
• Test methods, calculations, and related paperwork
• Safety guidelines used in the test methods, and
• Maintenance/operation of the equipment used in the test procedures.
Page 7 of 25 Quality Assurance Plan 2019
TESTING GUIDELINES
ACCEPTANCE TESTING (AT)
AT shall be performed by LAB personnel who are certified to perform the required tests. Test results
shall be used to ensure that all materials incorporated into the project are in compliance with the
contract specifications.
Testing methods will be in accordance with the Caltrans, AASHTO, or ASTM test methods, as
specified in the contract specifications.
Sample locations and frequencies shall be in accordance with the contract specifications. If not
specified in the contract specifications, samples shall be taken at the locations and frequencies as
shown in Appendix IV, "Acceptance Sampling and Testing Frequencies".
INDEPENDENT ASSURANCE PROGRAM (IAP)
IAP will be used to verify that acceptance testing is being performed correctly by qualified testers and
laboratories. These include, but are not limited to:
1. Verifying that equipment used for acceptance testing is properly calibrated and in good
working condition. Records of equipment calibrations should be kept with the equipment.
2. Certifying acceptance testers by administering written and practical/witness exams for the
acceptance tester.
3. Performing corroboration testing between the acceptance tester and independent assurance
personnel on Sieve Analysis, Sand Equivalent, and Cleanness Value tests.
4. A written procedure for dispute resolution
IAP shall be provided by personnel from Caltrans, the Agency's certified materials laboratory, or
consultant's certified materials laboratory.
For Federal -aid projects off the NHS, the agency may choose to:
1. Hire an outside qualified consultant to perform IA services, or
2. Have a qualified employee from within the local agency to perform IA services, or
3. Request Caltrans provide IA services if California Test Methods are used.
IAP personnel shall be certified in all required testing procedures, as part of IAP.
Poor correlation between acceptance tester's results and other test results may indicate probable
deficiencies with the acceptance sampling and testing procedures. In cases of unresolved
Page 9 of 25 Quality Assurance Plan 2019
REPORTING ACCEPTANCE TESTING RESULTS
The following are the schedules for reporting material test results to the Resident Engineer:
• When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand
Equivalent and Cleanness Value should be submitted to the Resident Engineer within two
(2) working days' after sampling.
• When materials are sampled at the job site, test results for compaction and maximum density
should be submitted to the Resident Engineer within one (1) working day after sampling.
• When soils and aggregates are sampled at the job site:
1. Test results for Sieve Analysis, Sand Equivalent°and Cleanness Value should be
submitted to the Resident Engineer within three (3) working days after sampling.
2. Test results for "R" Value and asphalt concrete extraction should be submitted to the
Resident Engineer within four (4) working days after sampling.
When sampling products such as pottland cement concrete (PCC), cement -treated base (CTB), hot
mix asphalt (HMA), and other such materials, the time of sampling shall be varied as much as
possible in order to avoid a predictable sampling routine.
1 For aggregate containing asphalt, test results will be submitted to the Resident Engineer within
three (3) working days
Page 11 of 25 Quality Assurance Plan 2019
TESTING OF MANUFACTURED MATERIALS
The LAB may permit the use of certain manufactured products, materials, or assemblies
accompanied by a certificate of compliance in lieu of pre -shipment sampling and testing, provided
these items are non-structural. These items must have a history of having met specifications based
upon previous sampling and testing by County, other local agencies, or other certified private
laboratories on a case -by -case basis. The manufacturer of the item shall sign the certificate of
compliance and state that the included materials and workmanship conform to the project
specifications in all aspects.
Manufactured products, materials, or assemblies used on the basis of a certificate of compliance may
be sampled and tested at the job site at any time, and at any frequency, during the life of the contract.
Items determined to be not in conformance with contract requirements are subject to rejection even
after they are in -place.
CERTIFICATE OF COMPLIANCE
Contract documents may also specify that a certificate of compliance is required for a product,
material, or assembly used on a project. The Resident Engineer is responsible for ensuring that a
certificate of compliance is furnished when the item or material is delivered to the worksite. All
materials accepted on the basis of a certificate of compliance shall be identified in the project
inspector's daily inspection reports. The Resident Engineer and/or project inspector shall keep
copies of all certificates of compliance in their file.
Even if a certificate of compliance is provided, materials such as pordand cement and asphalt
products shall be sampled for testing in accordance with size, frequency, and testing tables, better
known as "Frequency Tables" (see Appendix M.
SOURCE INSPECT ION
A certified LAB technician or qualified consultant will conduct the acceptance sampling and testing
at the site of the materials' source. A certified LAB technician or qualified consultant will inspect
asphalt, concrete, and pipe manufacturing plants during product fabrication
Page 13 of 25 Quality Assurance Plan 2019
RECORDS
All material records of samples and tests, material releases and certificates of compliance for the
construction project shall be incorporated into the Resident Engineer's project file.
For federal grant funded projects, project files shall be organized in accordance with the "Contracts
File Organization System" as shown in Appendix VI of this QAP.
The complete project file shall be available at a single location for inspection by Caltrans and Federal
Highway Administration (FHWA) personnel.
Project files shall be available for at least three (3) years following the date of final project voucher.
The use of a "Log Summary," as shown in Appendix III of this QAP, facilitates reviews of material
sampling and testing by Caltrans and FHWA, and assists the Resident Engineer in tracking the
frequency of testing.
When two or more projects are being furnished identical materials simultaneously from the same
plant, it is not necessary for the LAB to take separate samples or perform separate tests for each
project. However, copies of the test reports of the projects shall be provided to the Resident
Engineer for each project file.
Page 15 of 25 Quality Assurance Plan 2019
APPENDIX II
LIST OF TESTS PERFORMED
ILA AASHTO Standards
R47 Reducing Samples of HMA to Testing Size
R58 Dry Preparation of Disturbed Soil and Aggregate Samples for Test
R76 Reducing Samples of Aggregate to Testing Size
Tl l Method of Test for Materials Finer than 75 -µm (No. 200) Sieve in Mineral Aggregates
by Washing
T27 Method of Test for Sieve Analysis of fine and Coarse Aggregates
T30 Method of Test for Mechanical Analysis of Extracted Aggregates
T84 Method of Test for Specific Gravity and Absorption of Fine Aggregates
T85 Method of Test for Specific Gravity and Absorption of Coarse Aggregates
T88 Method of Test for Particle Size Analysis of Soils
T89 Method of Test for Determining the Liquid Limit of Soils
T90 Method of Test for Determining the Plastic Limit and Plasticity Index of Soils
T96 Method of Test for Resistance to Degradation of Small -Size Coarse Aggregate by
Abrasion and Impact in the Los Angeles Machine
T100 Method of Test for Specific Gravity of Soils
T166 Method of Test for Bullc Specific Gravity of HMA
T176 Method of Test for Plastic Fines in Graded Aggregates and Soils by Use of the Sand
Equivalent Test
T180 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using
Modified Effort (56,000 ft-lbf/ft3)
T190 Method of Test for Resistance R-Value of Compacted Soil
T246 Method of Test for Resistance to Deformation and Cohesion of Hot Mix Asphalt
(HMA) by Means of Hveem Apparatus
T247 Method of Test for Preparation of Test Specimens of Hot Mix Asphalt (HMA) by
Means of California Kneading Compactor
T255 Laboratory Determination of Moisture Content of Aggregates
T265 Laboratory Determination of Moisture Content of Soils
T275 Method of Test for Bulk Specific Gravity of Compacted Hot Mix Asphalt (HMA) Using
Paraffin -Coated Specimens
T308 Method of Test for Determining the Asphalt Binder Content of Hot Mix Asphalt
(I-IMA) by the Ignition Method
II.B ASTM Standards
C39 Capping, Storing and Testing PCC Cylinders for Compressive Strength
C42 Standard Test Method for Obtaining and Testing Drilled Cores
C109 Standard Test Method for Compressive Strength Testing of Mortar Cubes
C117 Method of Test for Materials Finer than No. 200 by Washing
C127 Method of Test for Specific Gravity and Absorption of Coarse Aggregates
C128 Method of Test for Specific Gravity and Absorption of Fine Aggregates
C131 Method of Test for Resistance to Degradation of Coarse Aggregate by Abrasion and
Impact in the Los Angeles Machine
C136 Method of Test for Sieve Analysis of Coarse and Fine Aggregates
C1019 Standard Test Method for Sampling and Testing Grout for Compressive Strength
Page 17 of 25 Quality Assurance Plan 2019
APPENDIX III
EXAMPLE OF TEST RESULT
COUNTY OF ORANGE
O£ PUBLIC WORKS
DAVID DIXON MEMORIAL MATERIAL$ LABORATORY
TESTM67H0J5: _OTM$iB
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Page 19 of 25 Quality Assurance Plan 2019
APPENDIX V
SAMPLE MATERIALS CERTIFICATION
Federal -aid Project No.: Project HP21L — 5055 —Ill
Subject: Materials Certification
This is to certify that the results of the tests on acceptance samples indicate that the materials
incorporated in the construction work and the construction operations controlled by sampling
® and testing were in conformity with the approved plans and specifications.
❑ All materials exceptions to the plans and specifications on this project are noted below.
No exceptions were found to the plans and specifications on this project.
Bill Sanders 24[Banders 7/7/07
Resident Engineer (Print Name) Resident Engineer (Signature) (Date)
Dote: The signed original of this certificate is placed in the Resident Engineer's project files and one
copy is mailed to the DLAE and filed under "Report of Expenditures."
Attachments: Materials Exceptions (Acceptance Testing)
Type of
Description
Total Tests
Number
Action Taken
Test
of Work
Performed On
of Failed
the Pro ect
Tests
Slump Test
concrete
x
1
When the measured slump nscce&d the
Sidewalk
inzzimum limit, the entire concrete bad was
rejected.
Sand
Aggregate
10
1
The toted S.E. was 70 and the contract
Equivalent
far Structural
compliance specification was 71 minimum.
Concrete
However, the concrete 28-day comptiesswe
Strength was 4900 psi. The concrete was
considered adequate and no materials
deductions were taken.
Compaction
Sob grade
12
1
One failed test was noted. The tiled area was
Material
watered and reworked Wbenthis was
completed, a tttest was performed The retest
was acceptable.
Compaction
Hot Mix As-
12
1
one failed area was noted. 1t was reworked
phah
and retested The second test met
specifications -
Bill Sanders
Resident Engineer (Print Name)
hTllliFx7FIv W
Resident Engineer (Signature)
July 4.2007
Date
Page 21 of 25 Quality .assurance Plan 2019
Rapes indicates documentation specific to Caloans and federal projects. Bold Italks, Indicates party responsible for generating
forms and parties to receive forms. IA = Cattrans I ndependentAssurance; MAT= Materials Lab
No.
11ritle
Contents
it
Private Lab Inspection Reports
Use this folder It non-Catt2ns proJectwhare forth in Category 4C riot
used. Impactor to File
Welding
Welding certificate, qualification test results, and other documentation.
Impactor to File
5
Engineers Daily Reports
Ifnon-Cattrxns job where separate reports not filed for District vs.
Structure work. file Inspector reports here and omit 5a and 5b.
a
Resident EngineerlAssistent RE/Inspector
Ca/trens Form CEM4501; RE and AssistanI RE(inspector) reports of
District work (roadway, earthwork, Wiles, treffx: control, etc) with
hots JVS attached
b
Structure EnginserlAssistanf Structure Engineer/
RE and Assistant RE (inspector) reports of Structure work(rebar, pile
Structure Inspector
driving, tiebacks, MEP, etc. with photologs attached
Contract Item Pay Quantity Documents
Item Summary Sheet and monthly quantity calculations (bid items
only) - signed, dated for 20th, and checked. Include adjustments in
compensation. Organized by Bid Item number
Contract Change Orders
a
PCCOs, CCOs, and Memos
PCCOS, approved CCOs, and memos Win backup Information
b
CCO Pay Quantity Documents
CCO Item summary sheets, Justification sheets, checked DEWRs
Extra Work Reports
Signed DEWRs
Progress Payments
For progress payments to Contractor. For backup, see Categories 6
and 7. For consultant invoices, see Category 22.
a
Estimates and Status of Funds
Reports on status of contract items, COOS, contingency funds, etc. as
requested by funding authorlir and nests forniports.
Progress Payments
Progress payment sheets (submitted It approved)
10
Labor Compliance and EEO records
Forfederelly-funded projects, include the following:
1) Training Special Provision (TSP) for federal aid projecls
2) Annual EEO Report (FHWA Form 1391)
For slate -funded, include:
3) Employee Interview - Labor Compliance form (Cal"" Form HC-
0031
11
Payroll
Contractors Payrolls
Certified payroll and hinge benefit statements. If Calhans poject,
Include Caltrans Statement of Compliance
Weekly Labor Reports
Use OC Inspection Weekly Labor Report farm
12
Final Report
Includes Report of Completion of Right of Way Expenditures and Final
Detail Eshfiate for IsdersAW pojects, if required, and Final Project
Expenditure Report hirsifnspection forms (Form FIF-W5), for
federakald and Caltrans ' cts
13
Materials Certificate
Waterials Certificate'- memorandum to be prepared by RE and
aubmitfid upon completion of project
14
DBE Records
Final DBE ufif¢e ion report
Page 23 of 25 Quality Assurance Plan 2019
IM lr;: indicates documentation specific to Caltrans and federal projects. Sold Italics indicates party responsible for generating
forms and parties to receive fors. IA = Caltrans Independent Assurance, MAT = Materials Lab
No.
lTitle
Contents
22
RequestsAnvolcestor Services
Organized byconsultant. Includes AE agreement billing summaries,
RFPs for englneering/technkai or materlaltesting services, and
invoices
23
Monitoring Reports
Biological, water quality, settlement, other required monitoring. Create
subtoldem as needed.
24
Survey
Requests for Survey
Requests for Survey forms
Survey Data
Cut sheets, coordinate reports, CAD/OIS survey data, as built plans
received from Survey
5
ISAPPP/ESCCP
SWPPP / ESCCP
Place SWPPP or ESCCP In this folider, along with any SMARTS
documentation
Contractors Reports
Contractor's BMP Inspection reports, Rain Event Action Plain. For
Caltrans projects use Caltrans forms for contractor's SWPPPrepoRs
Resident Engineer's Reports
RE or Assistant RE(inspector) SWPPP reports
Enforcement
Correct Work Notices, Stop Work Order, requests for special
Inspection. other SWPPP enforcement -rotated correspondence
26
Photographs and Video Footage
Includes video and security camera footage, if arty.
a
Pre -Construction
Use this folder for pre -construction photos If pretonstructlon survey
rat rtormed.
During Construction
Organzed by week All photos should be stored In this folder, and
flelectliholoa placed Infophoto log and attachedto daily reports
Final Walk
Photos from final walk particularly items to be adjusted.
Page 25 of 25 Quality Assurance Plan 2019
Public Works Agency
https://www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 1, 2021
TOPIC: Geotechnical, Special Inspection, and Material Testing
AGENDA TITLE
Approve Agreement with the County of Orange (Public Works Materials Laboratory) for
Geotechnical, Special lnsp tion. and Material Testing Services in an Amount not to
Exceed $1,500,000 for Three-year Period
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with the County of Orange (Public
Works Materials Laboratory) to provide on -call geotechnical, special inspection, and
material testing services for a three-year period beginning June 1, 2021, and expiring May
31, 2024, in an amount not to exceed $1,500,000, subject to non -substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency oversees construction of capital projects. To ensure quality and
meet state and federal requirements, a variety of inspections and tests must be performed
on workmanship and construction materials used on the project. City staff does not have
certain certifications, nor does the City have the proper testing equipment to meet
particular federal and state requirements. Therefore, staff utilizes consultants and the
Orange County Public Works Materials Laboratory (OCPWML) to perform geotechnical,
special inspection and material testing to support delivery of the City's Capital
Improvement Program. Furthermore, recipients of federal funding must have an approved
Quality Assurance Plan (QAP) as a condition to receive funding. The City's QAP list
OCPWML as one of the approved laboratories to perform these functions.
Staff has utilized these County services in past years and recommends that OCPWML
be retained to provide on -call geotechnical, special inspection and material testing in
addition to those services provided by third -party geotechnical engineering consultants.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
Agreement with OC Materials Laboratory
June 1, 2021
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action. Funding for these services is
available in the approved FY 2020-21 Capital Improvement Program (CIP) and will be
budgeted in future fiscal years' CIP. Prior to utilizing any of these on -call services, Public
Works staff will receive Finance and Management Services Agency approval of funding
and accounts to ensure that funds are available under the authorization and capacity of
the agreement. Upon successful completion of this fiscal review, a work order containing
specific scope and maximum cost will be issued.
1. Cooperative Agreement
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager