HomeMy WebLinkAbout03-04-2026 Operations Committee Complete Agenda Packet NOTICE OF REGULAR MEETING AGENDA
PUBLIC PARTICIPATION NOTICE
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE
MARCH 4, 2026 - 5:00 PM
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. OC San offers several ways in which to interact during
this meeting. MEETING PARTICIPATION INSTRUCTIONS
Details on how to participate can be found on our website at www.ocsan.gov
IN-PERSON MEETING ATTENDANCE OC San Headquarters: 18480 Bandilier Circle, Fountain Valley, CA 92708
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Join the live meeting on Teams: Join the meeting now PARTICIPATE BY TELEPHONE
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Phone Conference ID: 958 721 021#
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For any questions and/or concerns, please contact the Clerk of the Board’s office at
714-593-7433. Thank you for your interest in OC San!
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: March 4, 2026 Time: 5:00 p.m.
COMMITTEE MEMBERS (13)
OTHERS
STAFF
OPERATIONS COMMITTEE
Regular Meeting Agenda
Wednesday, March 4, 2026 - 5:00 PM Headquarters - Board Room
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
View Current Board of Directors
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
Upcoming Meeting Dates
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, March 4, 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.
1.2026-4720APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Operations Committee held February 4,
2026.
Originator:Kelly Lore
Attachments:
2.2025-4351SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT
NO. 1, PROJECT NO. FR1-0023
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Secondary Treatment
Area Cable Replacement at Plant No. 1, Project No. FR1-0023;
B. Award a Construction Contract Agreement to Big Sky Electric, Inc., for
Secondary Treatment Area Cable Replacement at Plant No. 1, Project No.
Page 2 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, March 4, 2026
FR1-0023, for a total amount not to exceed $298,102; and
C. Approve a contingency of $59,600 (20%).
Originator:Mike Dorman
Attachments:
3.2025-4579TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1,
PROJECT NO. PS24-04
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement with Black & Veatch Corporation to
provide engineering services for the Trickling Filter Odor Control Study at Plant
No. 1, Project No. PS24-04, for an amount not to exceed $548,506; and
B. Approve a contingency of $54,851 (10%).
Originator:Mike Dorman
Attachments:
4.2026-4716ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending December 31, 2025.
Originator:Mike Dorman
Attachments:
NON-CONSENT:
5.2025-4617SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO. 2
AND VFD REPLACEMENTS AT PLANT NO. 1, PROJECT NOS.
FE19-08 AND FR1-0011
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Secondary Treatment
VFD Replacements at Plant No. 2 and VFD Replacements at Plant No. 1,
Project Nos. FE19-08 and FR1-0011;
Page 3 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, March 4, 2026
B. Award a Construction Contract Agreement to Big Sky Electric, Inc. for Secondary
Treatment VFD Replacements at Plant No. 2 and VFD Replacements at Plant
No. 1, Project Nos. FE19-08 and FR1-0011, for an amount not to exceed
$3,424,300; and
C. Approve a contingency of $342,430 (10%).
Originator:Mike Dorman
Attachments:
6.2026-4756NEWHOPE-PLACENTIA SEWER MANHOLE REPLACEMENTS,
PROJECT NO. FE21-08
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $456,000 to the existing Construction Contract
Agreement with Sancon Technologies, Inc., for Newhope-Placentia Sewer Manhole
Replacements, Project No. FE21-08, for a new total contingency of $1,537,902 (378%).
Originator:Mike Dorman
Attachments:
INFORMATION ITEMS:
7.2026-4667PROCUREMENT PROCESS, BIDS VS RFPS, SOLE SOURCE
CONTRACTS VS COMPETITIVE CONTRACTS
RECOMMENDATION:
Information Item.
Originator:Wally Ritchie
Attachments:
8.2026-4668FY 2026-27 AND 2027-28 ORANGE COUNTY SANITATION DISTRICT
BUDGET REVENUES AND RESERVES OVERVIEW
RECOMMENDATION:
Information Item.
Originator:Wally Ritchie
Page 4 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, March 4, 2026
Agenda Report
FY2026-27 and FY 2027-28 Budget Revenue Detail
Reserve Summary - FY 2025-26
Presentation - FY26-27 and FY 27-28 Revenues and
Reserves
Attachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Operations Committee on April 1, 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
February 25, 2026
Page 5 of 5
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4720 Agenda Date:3/4/2026 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 February 4, 2026.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 26-02
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·February 4, 2026 Operations Committee meeting minutes
Orange County Sanitation District Printed on 2/23/2026Page 1 of 1
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Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, February 4, 2026
5:00 PM
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, February 4, 2026 at 5:00
p.m. in the Orange County Sanitation District Headquarters. Vice Chair Carlos 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,
Lisa Landau, Tom Lindsey, Carlos Leon, Robert Ooten, Bonnie Peat,
John Withers and Cindy Tran (Alternate)
ABSENT:Johnathan Ryan Hernandez
STAFF PRESENT: 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; Scott Ahn; Jon Bradley; Sam Choi; Raul Cuellar; Don Cutler; Thys
DeVries; Martin Dix; Justin Fenton; Al Garcia; David Haug; Mark Kawamoto; Marianne Kleine;
Tom Meregillano; Tania Moore; Nick Oswald; Becky Polcyn; Thomas Vu; Kevin Work; and
Ruth Zintzun were present in the Board Room. Rob Thompson, General Manager, was
present virtually.
OTHERS PRESENT: Mal Richardson, General Counsel was present in the Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Burns notified the Committee that OC San Administrative Offices would be closed on
Monday, February 16, in observance of Presidents’ Day. He also congratulated Vice Chair
Leon on his appointment as Vice Chair of the Operations Committee and thanked Director
Bob Ooten for his dedication and leadership as the former Committee Vice Chair. Lastly,
Chair Burns welcomed Director John Withers to the Operations Committee.
Assistant General Manager Lorenzo Tyner did not provide a report.
Page 1 of 6
OPERATIONS COMMITTEE Minutes February 4, 2026
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2026-4719
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Operations Committee held December
3, 2025.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Tom Lindsey, Carlos Leon, Robert Ooten, Bonnie Peat,
John Withers and Cindy Tran (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
2.SUNFLOWER PUMP STATION EFFLUENT CHANNEL REPAIR AT
PLANT NO. 1, PROJECT NO. FR1-0026
2025-4177
Originator: Mike Dorman
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Tom Lindsey, Carlos Leon, Robert Ooten, Bonnie Peat,
John Withers and Cindy Tran (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
4.QUARTERLY ODOR COMPLAINT REPORT 2026-4764
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Fiscal Year 2025-26 Second Quarter Odor Complaint Report.
Page 2 of 6
OPERATIONS COMMITTEE Minutes February 4, 2026
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Tom Lindsey, Carlos Leon, Robert Ooten, Bonnie Peat,
John Withers and Cindy Tran (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
5.ACTIVATED SLUDGE CLARIFIERS 11 AND 13 REHABILITATION AT
PLANT NO. 1 (MP1-017), SPECIFICATION NO. S-2025-692BD
2026-4770
Originator: Riaz Moinuddin
A. Approve a Service Contract to Vicon Enterprise, Inc. for Activated Sludge
Clarifiers 11 and 13 Rehabilitation at Plant No. 1 (MP1-017), Specification No.
S-2025-692BD, for a total amount not to exceed $1,950,500; and
B. Approve a contingency of $195,050 (10%).
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Tom Lindsey, Carlos Leon, Robert Ooten, Bonnie Peat,
John Withers and Cindy Tran (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
At the request of Board Chair Ryan Gallagher Item No. 3 was pulled and heard separately.
3.ON-CALL EMERGENCY MECHANICAL SERVICES, SPECIFICATION
NO. S-2025-698BD
2026-4741
Originator: Riaz Moinuddin
A. Approve a General Services Contract to Jamison Engineering Contractors, Inc.
to provide On-Call Emergency Mechanical Services, Specification No.
S-2025-698BD, for an annual total amount not to exceed $1,056,605 for a
one-year period with four (4) optional one-year renewals; and
B. Approve an annual contingency of $105,661 (10%).
Page 3 of 6
OPERATIONS COMMITTEE Minutes February 4, 2026
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Tom Lindsey, Carlos Leon, Robert Ooten, Bonnie Peat,
John Withers and Cindy Tran (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
NON-CONSENT:
6.NORTH TUSTIN-ORANGE SEWER REHABILITATION, PROJECT NO.
7-69
2025-4173
Originator: Mike Dorman
A. Approve a Professional Design Services Agreement with Stantec Consulting
Services, Inc., to provide engineering services for North Tustin-Orange Sewer
Rehabilitation, Project No. 7-69, for an amount not to exceed $5,086,373; and
B. Approve a contingency of $508,637 (10%).
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Tom Lindsey, Carlos Leon, Robert Ooten, Bonnie Peat,
John Withers and Cindy Tran (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
INFORMATION ITEMS:
7.WET WEATHER PREPARATION AND RESPONSES 2026-4666
Originator: Riaz Moinuddin
Page 4 of 6
OPERATIONS COMMITTEE Minutes February 4, 2026
recommendation.
ITEM RECEIVED AS AN:
Information Item.
8.MID-YEAR FINANCIAL REPORT 2026-4765
Originator: Wally Ritchie
Information Item.
9.RATE SETTING PROCESS 2026-4766
Originator: Wally Ritchie
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
Vice Chair Leon thanked Board Chair Gallagher, the Board of Directors, and former
Committee Vice Chair Ooten for the opportunity to serve as Vice Chair of the Operations
Committee.
Page 5 of 6
OPERATIONS COMMITTEE Minutes February 4, 2026
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Burns declared the meeting adjourned at 5:51 p.m. to the next Regular Operations
Committee meeting to be held on Wednesday, March 4, 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 #:2025-4351 Agenda Date:3/4/2026 Agenda Item No:2.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO.1,PROJECT NO.
FR1-0023
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Secondary Treatment Area Cable
Replacement at Plant No. 1, Project No. FR1-0023;
B. Award a Construction Contract Agreement to Big Sky Electric, Inc., for Secondary Treatment
Area Cable Replacement at Plant No. 1, Project No. FR1-0023, for a total amount not to
exceed $298,102; and
C. Approve a contingency of $59,600 (20%).
BACKGROUND
Orange County Sanitation District (OC San)operates an effluent junction box at Plant No.1 that
conveys treated effluent to the Plant No.2 ocean outfall.OC San also supports the Orange County
Water District’s (OCWD’s)Groundwater Replenishment System (GWRS)by supplying electrical
power from Power Building 8 to the GWRS Metering Vault located at Plant No.1.After the initial
construction of the GWRS, OCWD took over the operation of the metering vault.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8,award construction contract to
lowest responsive, responsible bidder
·24/7/365 treatment plant reliability
PROBLEM
The power cable to the effluent junction box shows signs of failure and the power and control cables
serving OCWD GWRS metering vault at Plant No.1 are damaged.The condition of these cables
affects the reliability of electrical service needed to support effluent conveyance to Plant No.2 and
the transfer of flow to OCWD.
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File #:2025-4351 Agenda Date:3/4/2026 Agenda Item No:2.
PROPOSED SOLUTION
Award a construction contract agreement to replace damaged power and control cables for the
GWRS metering vault.These cables will be fed from the adjacent OCWD screenings electrical room
instead of Power Building 8.This project will also replace power cables between the Plant No.1
12kV Service Center and the effluent junction box.
TIMING CONCERNS
Delaying the project award increases the risk of additional power and control cable failure at the
GWRS metering vault and a failure of the power cable to the effluent junction box.
RAMIFICATIONS OF NOT TAKING ACTION
If the damaged cables to the GWRS metering vault fail,OCWD will lose the flow signal to their
control system and will need to manually operate the valve to control the flow from OC San’s Plant
No.1 trickling filters,and/or will need to pump out the metering vault with an external pump if it
floods.If the power cable to OC San’s effluent junction box fails,flow to Plant No.2 will need to be
manually controlled.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FR1-0023 for bids on September 9,2025,and two sealed bids were
received on October 21, 2025. A summary of the bid opening follows:
Engineer’s Estimate $ 750,000
Bidder Amount of Bid
Big Sky Electric, Inc.$ 298,102
Minako America Corporation, dba Minco Construction $ 877,700
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
all bidders on February 11,2026,informing them of the intent of OC San staff to recommend award
of the Construction Contract Agreement to Big Sky Electric,Inc.The difference between the
engineer’s estimate and the contractor’s estimate was mainly due to the engineer’s estimate using
higher markups,having longer generator rental durations,and over estimating subcontractor
markups.
Staff recommends awarding a Construction Contract Agreement to the lowest responsive and
responsible bidder, Big Sky Electric, Inc., for a total amount not to exceed $298,102.
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File #:2025-4351 Agenda Date:3/4/2026 Agenda Item No:2.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations section 15301.A Notice of Exemption will be filed with the OC Clerk-Recorder
and State Clearinghouse after OC San's Board of Directors approval of the construction contract
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 33,Repairs &Maintenance)and the budget is
sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract Agreement
AC: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 ............................................. 21
SECTION – 18 TERMINATION ...................................................................... 21
SECTION – 19 WARRANTY .......................................................................... 21
SECTION – 20 ASSIGNMENT ....................................................................... 22
SECTION – 21 RESOLUTION OF DISPUTES .............................................. 22
SECTION – 22 SAFETY & HEALTH .............................................................. 23
SECTION – 23 CALIFORNIA VOLUNTARY PROTECTION PROGRAM
ANNUAL REPORTING REQUIREMENT .............................. 23
SECTION – 24 HUMAN RESOURCES POLICIES ........................................ 23
SECTION – 25 NOTICES .............................................................................. 24
CONFORMED C-CA-050625 PROJECT NO. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 1 of 25
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FR1-0023
SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1
This CONTRACT AGREEMENT (Contract Agreement) is made and entered into, to be
effective, this March 25, 2026, by and between Big Sky Electric, 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. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 2 of 25
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. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 3 of 25
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.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions,
“Definitions”. Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by 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. FR1-0023
SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1
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SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FR1-0023
SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within three hundred sixty-five (365) 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 fifteen (15) calendar days determined
by OC SAN likely to be inclement weather when CONTRACTOR will be unable to work.
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OC SAN, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OC SAN shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
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and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
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.
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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 Two Hundred Ninety-Eight Thousand
One Hundred Two Dollars ($298,102) as itemized on the attached Exhibit A.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements, and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
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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:
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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.
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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
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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).
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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,
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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
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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.
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A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Four Million
Dollars ($4,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
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 One Million Dollars ($1,000,000) for bodily
injury, personal injury, and property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
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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 Two Million Dollars
($2,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by 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
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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.
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
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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
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
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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.
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
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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 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
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
C-CA-050625 CONFORMED PROJECT NO. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 22 of 25
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.
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.
CONFORMED C-CA-050625 PROJECT NO. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 23 of 25
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
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.
C-CA-050625 CONFORMED PROJECT NO. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 24 of 25
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
TO CONTRACTOR: Chris Livingston, Vice President Big Sky Electric, Inc. 310 McArthur Way, Suite A
Upland, CA 91786 clivingston@bigskyelectric.com
CONFORMED C-CA-050625 PROJECT NO. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 25 of 25
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Big Sky Electric, Inc.
310 McArthur Way, Suite A
Upland, CA 91786
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 925689 (Expiration Date – 12/31/2026)
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. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT 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.
C-EXA-013025 CONFORMED PROJECT NO. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
CONFORMED C-EXA-013025 PROJECT NO. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 3 of 8
The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
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EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”; and after 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. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT 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.
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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. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT 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. FR1-0023 SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT NO. 1 Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Big Sky Electric, Inc.) BF14 Schedule of Prices, Pages 1-2
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4579 Agenda Date:3/4/2026 Agenda Item No:3.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1, PROJECT NO. PS24-04
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement with Black & Veatch Corporation to provide
engineering services for the Trickling Filter Odor Control Study at Plant No. 1, Project No.
PS24-04, for an amount not to exceed $548,506; and
B. Approve a contingency of $54,851 (10%).
BACKGROUND
The Orange County Sanitation District (OC San)has long utilized trickling filters at Plant No.1.
Trickling filters provide secondary level treatment for wastewater.In 2006,OC San replaced its
original four trickling filters with two new trickling filters and secondary clarifiers as part of Project No.
P1-76,Trickling Filter Rehabilitation and New Clarifiers at Plant No.1.These trickling filters are a key
unit process to maintain plant operations and meet operational requirements.
The trickling filters at Plant No.1 have had issues with the creation of nuisance odors.OC San has
previously reviewed this issue in feasibility studies and as part of SP-166,Odor Control Master Plan.
These efforts identified the installation of covers and associated foul air treatment systems as a
potential solution;however,structural standards have changed and may impact the viability of cover
installation.There are also significant operational impacts associated with cover installation that may
require further modifications.
These trickling filters are currently scheduled to undergo media replacement and rehabilitation as
part of Project P1-142, Trickling Filter Media Replacement at Plant No. 1.
RELEVANT STANDARDS
·Less than 12 events for the collection system, under normal operations
·Operate and maintain facilities to minimize impacts on surrounding communities,including
odor, noise, and lighting
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PROBLEM
During operation,the trickling filters at Plant No.1 have been a source of nuisance odors and related
complaints.These complaints have increased over time,and the operating capacity of the trickling
filters has been reduced to mitigate odor generation.
PROPOSED SOLUTION
This Planning Study aims to explore short-term and long-term odor mitigation strategies for the
trickling filters at Plant No.1.It will evaluate the feasibility of adding covers to the trickling filter
structures,including ventilation and odor control.It will also identify short-term mitigation measures
without covering the structures and provide a conceptual design.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
Trickling filters operation may be reduced to avoid odor complaints.Reducing capacity of this
process can lead to additional operational challenges.A clear plan of action to mitigate nuisance
odors will not be in place to correct issues in the short- or long-term.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
Criterion Weighting
Project Understanding and Approach 40%
Related Project Experience 30%
Project Team and Staff Qualifications 30%
OC San advertised for proposals for Trickling Filter Odor Control Study at Plant No.1,Project No.
PS24-04,on June 24,2025.The following evaluation criteria were described in the Request for
Proposals (RFP) and used to determine the most qualified Consultant.
Two proposals were received on August 18,2025,and evaluated in accordance with the evaluation
process set forth in OC San’s Purchasing Ordinance OC SAN-6 by a pre-selected Evaluation Team
consisting of OC San staff:one project engineer,the Plant No.1 Chief Plant Operator,and one
maintenance supervisor.The Evaluation Team also included one non-voting representative from the
Contracts Administration Division and one non-voting technical advisor.
The Evaluation Team scored the proposal on the established criteria as summarized in the table
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File #:2025-4579 Agenda Date:3/4/2026 Agenda Item No:3.
The Evaluation Team scored the proposal on the established criteria as summarized in the table
below:
Proposer Project
Understanding
and Approach
(Max. 40 Points)
Related
Project
Experience
(Max. 30
Points)
Project Team
and Staff
Qualifications
(Max. 30
Points)
Total Score
(Max. 100
Points)
Black & Veatch
Corporation
27 22 22 71
AtkinsRealis 32 19 18 69
Based on this scoring,both Consultants were invited for an interview on September 11,2025.
Following the interview,each member of the Evaluation Team scored the Consultants based on both
the proposals and interviews using the evaluation criteria and weighting described above.Based on
the scoring shown below, Black & Veatch Corporation was selected as the most qualified Consultant.
Below is the summary of the final scores:
Proposer Reviewer Total
Score
(Max.
100
Points)
1 2 3
Black & Veatch Corporation 90 80 90 87
AtkinsRealis 67 70 77 71
Black &Veatch Corporation submitted a clear and comprehensive approach that demonstrated a
thorough understanding of the scope of work.
·The technical proposal was well-prepared,articulating a strong comprehension of OC San’s
objectives and the level of effort necessary to conduct a detailed study.
·The proposed project team was well-organized and included representation from all relevant
disciplines, reflecting the firm’s depth of experience.
·Furthermore,the interview reinforced Black &Veatch Corporation’s qualifications and
confirmed their understanding of the scope of work.
Based on the strength of their proposal and interview performance,the Evaluation Team determined
that Black & Veatch Corporation is the most qualified firm to execute the scope of work.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals.In accordance with the Purchasing
Ordinance,only the fee proposal submitted by the highest-ranked firm was opened,following
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approval of the Evaluation Committee’s recommendation by the Director of Engineering.
Staff conducted initial negotiations with Black &Veatch Corporation to clarify the requirements of the
scope of work,the assumptions used for the estimated level of effort,and the proposed approach to
meet the goals and objectives for the study.During the negotiations and discussions,it was agreed
upon to include optional TASK 4.2 -Electrical and Instrumentation and Control Concept Drawings in
the scope or work to provide flexibility to implement a short-term solution quickly if required.This
addition resulted in increased labor hours for the project compared to the original fee proposal.
In November 2025,the Operations &Maintenance Department informed the Engineering Department
that trickling filter operational changes had been recently implemented,including turning off the fans,
which resulted in reduced odors and improved treatment.Based on this information,the project
scope was re-evaluated,and minor changes were made including to increase field odor sampling
and AERMOD dispersion modeling,to reduce electrical and I&C concept design for both short-term
and long-term solutions,and to provide high-level recommendations for long-term odor treatment and
cover installation requirements.These efforts will help OC San identify the root cause of the odor by
analyzing the modeling data and will support short-term and long-term odor control as required.
Based on the reduced scope and the re-negotiation,below is the revised level of effort and the final
re-negotiated fee.
Original Initial Negotiated Final Re-Negotiated
Labor Hours 2640 2832 1865
Consultant’s Fee $746,916 $780,020 $548,506
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget FY 2024-25 and 2025-26,Section 8,Page 53,Planning Studies Program (M-
Studies)) 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 Services Agreement
NN:tv
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PSA PROJECT NO. PS24-04
Revised 050625 TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1
Page 1 of 20
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the 25th day of March 2026, by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC SAN"),
and BLACK & VEATCH CORPORATION, (hereinafter referred to as "CONSULTANT"). OC SAN and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, OC SAN desires to engage CONSULTANT for Trickling Filter Odor Control Study at Plant No. 1, Project No. PS24-04, to provide professional services for a planning study to evaluate and make recommendations to determine a viable Trickling Filter long-term and short-term odor control technology at Plant 1; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and WHEREAS, OC SAN has adopted procedures for the selection of professional services
and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and
WHEREAS, at its regular meeting on March 25, 2026, the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee 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 services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of the work and services furnished by the CONSULTANT under this Agreement, including the work performed by its subconsultants (Subconsultants). Where approval by OC SAN is indicated, it is
understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws, regulations, codes, industry standards, and liability for damages caused by
errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the professional engineering industry standards for clarity, uniformity, and completeness. CONSULTANT shall timely respond to all of OC SAN’s questions, comments, suggestions, corrections, and recommendations. All comments from OC SAN, or its agent, shall be incorporated into the work prior to the next review deadline
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or addressed, in writing, as to why the comment(s) has/have not been incorporated. CONSULTANT shall ensure that each submittal is 100% accurate
for the level of work submitted (i.e., correct references, terms, capitalization, or equal status, spelling, punctuation, etc.)
C. In the event that CONSULTANT's services and/or work product(s) is not to the satisfaction of OC SAN and/or does not conform to the requirements of this Agreement or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its work product(s) within the timeframe specified by the Project Manager. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. Any CADD drawings, figures, and other work produced by CONSULTANT and
Subconsultants using OC SAN CAD Manual. 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 conform to OC SAN specifications. Any changes to these specifications by the CONSULTANT are subject to review and require advance written approval of OC SAN. Electronic files shall be subject to an acceptance period of thirty-five (35) days during which OC SAN shall perform appropriate reviews and including CAD Manual compliance. CONSULTANT shall correct any discrepancies or errors
detected and reported within the acceptance period at no additional cost to OC SAN. E. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, and reports 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, or (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN. F. OC SAN shall furnish the CONSULTANT available studies, reports and other data pertinent to the CONSULTANT’s service; and the CONSULTANT shall be entitled to use and rely upon all such information and services provided by OC SAN or others in performing the CONSULTANT’s services under this
AGREEMENT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for the services in accordance with the following provisions:
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A. Total Compensation Total compensation shall be in an amount not to exceed Five Hundred Forty-Eight Thousand Five Hundred and Six Dollars ($548,506). 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.
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 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.
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F. Direct Costs
OC SAN shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. OC SAN shall also pay to
CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN receipts and other documentary records to support CONSULTANT’s request for reimbursement of these amounts, see Attachment “D” - Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above.
G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications to the Scope of Work resulting from field investigations and field work required by the Agreement. These items may include special equipment,
test equipment and tooling and other materials and services not previously identified. Refer to attachment “D” Allowable Direct Costs for payment information.
H. Reimbursable Direct Costs OC SAN will reimburse the CONSULTANT for reasonable travel and business
expenses as described in this section and further described in Attachment “D” - Allowable Direct Costs to this Agreement. The reimbursement of the above-mentioned expenses will be based on an “accountable plan” as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a “per diem” component approved by IRS. The most recent schedule of the per diem rates utilized by OC SAN can be found on the U.S. General Service Administration website at https://www.gsa.gov/travel/plan-book/per-diem-rates. The CONSULTANT shall be responsible for the most economical and practical means or 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 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.
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Lodging – Overnight stays will not be approved by OC SAN for local travel. However, under certain circumstances overnight stay may be allowed at the
discretion of OC SAN based on reasonableness of meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of OC SAN.
Travel Meals – Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this Agreement.
I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify OC SAN immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the
services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of OC SAN’s authorized representative shall be at CONSULTANT’s own risk. This written notice shall be provided separately
from, and in addition to any notification requirements contained in the CONSULTANT’s invoice and monthly progress report. Failure to notify OC SAN that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
OC SAN, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased.
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, in a format acceptable to OC SAN. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by OC SAN. CONSULTANT understands
that submitted costs are subject to Section 12 Audit Provisions.
B. CONSULTANT will submit monthly statements covering services and/or work performed for payment for those items included in Section 2 hereof no later than
the second Wednesday of the following month and in the format required by OC SAN. The format must include, as a minimum: 1) current billing period invoicing, 2) current billing period “total percent invoiced to date”, 3) future activities, 4) previous billing period “total invoiced to date”, 5) potential items that are not included in the Scope of Work, 6) concerns and possible delays,
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7) percentage of completion to date, and 8) budget status and amount remaining. Such requests shall be accompanied by such supporting data 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. OC SAN will pay approved invoices within thirty (30) days of receipt and approval by OC SAN of the payment request. OC SAN will notify CONSULTANT within fifteen (15) days following receipt of an invoice, if any corrections to the invoice are required from the CONSULTANT and if OC SAN does not approve all or part of an invoice. If OC SAN determines that the work under this AGREEMENT, or any specified task hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by OC SAN’s Director of Engineering to be adequate for the protection of OC SAN; or
ii. The percentage of the work accomplished for each task.
OC SAN may, at the discretion of the Director of Engineering, retain an amount equal to that which ensures that the total amount paid to that date does not exceed the percentage of the completed work for each task or the Project in its
entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per task basis. In the event OC SAN's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, OC SAN shall have the right to withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by OC SAN, CONSULTANT will be paid the unpaid balance of any money due for such work based on the monthly statements, 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
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compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This
section shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: (a) knowingly presents or
causes to be presented to an officer or employee of OC SAN a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by OC SAN; (c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or (e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
5. PREVAILING WAGES
To the extent CONSULTANT intends to utilize employees who will perform work during the Agreement, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees.
6. 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 Regulations Section 16461(e).
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7. DOCUMENT OWNERSHIP – CONSULTANT PERFORMANCE
A. Ownership of Documents for the professional services performed.
All documents in all forms (electronic, paper, etc.), including, but not limited to, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or professional
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 professional services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the study or deliverable 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.
8. 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:
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One Million Dollars ($1,000,000) per occurrence with Two Million Dollars ($2,000,000) 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, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by OC SAN and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the general liability policy and coverage must be reflected on the submitted certificate of insurance. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or employees, and any other consultant, contractor, or subcontractor performing work or rendering services on behalf of
OC SAN in connection with the planning, development, and construction of the project. In all its insurance coverages with the exception of Professional Liability 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.
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E. Workers’ Compensation Insurance
The CONSULTANT shall provide such workers’ compensation insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including employer’s liability insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such workers’ compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional liability / errors and omissions insurance coverage with coverage limits of not less than Two Million Dollars
($2,000,000) per claim and in the annual 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) each occurrence and in the aggregate in a form acceptable by OC SAN.
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H. Proof of Coverage
The CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be
received and approved by OC SAN before work commences. OC SAN reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required. The following are approved forms that must be submitted as proof of coverage:
•insurance form
• (General Liability) CG 20 10 and CG 20 37 All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or
less coverage to OC SAN.
• (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
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J. Primary Insurance
The general and automobile liability policies shall contain a “Primary and Non Contributory” clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured The general and automobile liability policies shall contain a “Separation of Insureds” clause. L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to
persons or property. M. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to OC SAN on the certificate of insurance. All deductibles and/or self-insured retentions require
approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration and defense expenses. OC SAN will not invoke the option expressed in this paragraph unless it has reasonable cause to question CONSULTANT’s financial strength. 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.
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9. 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.
10. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to OC SAN, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this Project under this Agreement by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant and each of CONSULTANT’s Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT
and each Subconsultant, 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.
11. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants 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, the services of a registered engineer is required, such services hereunder will be performed under the direct supervision of registered engineers who are registered in California.
12. 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.
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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.
13. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants into employees of OC SAN. CONSULTANT’S staff performing services under the Agreement shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its
staff and pay wages, salaries, and other amounts due directly to its staff in connection with the Agreement. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting
them, such as social security, income tax withholding, unemployment compensation, workers’ compensation and similar matters.
14. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
ORANGE COUNTY SANITATION DISTRICT 18480 Bandilier Circle Fountain Valley, CA 92708 Attention: Yai Phongmekhin, Contracts Administrator Copy: Trimbak Vohra, Project Manager CONSULTANT: BLACK & VEATCH CORPORATION 300 Rancheros Drive Suite 250 San Marcos, CA 92069
Attention: David Cover, Associate Vice President/Project Director All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT.
PSA PROJECT NO. PS24-04
Revised 050625 TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1
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15. TERMINATION
OC SAN may terminate this Agreement at any time, without cause, upon giving thirty
(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to OC SAN at the address listed in Section 14 - NOTICES.
16. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this Project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by OC SAN.
17. 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:
PSA PROJECT NO. PS24-04
Revised 050625 TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1
Page 16 of 20
• Advanced Clean Fleet (ACF): 13 CCR 2013-2013.4; 13 CCR 2015-2015.6
• Truck & Bus Regulation (T&B): 13 CCR 2025
• Clean Truck Check (CTC): 13 CCR 2195-2199.1
• Off-Road Diesel Amendments (ORD): 13 CCR 2449-2449.2
E. California Voluntary Protection Program Annual Reporting Requirement If CONSULTANT will potentially work 1,000 combined hours in a quarter, for the term of the Agreement, CONSULTANT shall provide an annual report detailing 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. CONSULTANT shall furnish this report to OC SAN no later than January 20th each calendar year. Failure to provide this data by the required due date may result in suspension of CONSULTANT’s services with OC SAN. Any delay arising out of or resulting from such suspension shall be CONSULTANT’s sole responsibility and considered CONSULTANT caused delay, which shall not be compensable by OC SAN.
18. 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 this Agreement for that Party.
19. 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.
20. 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 he may be entitled.
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).
PSA PROJECT NO. PS24-04
Revised 050625 TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1
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22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’s sole cost and expense and with legal counsel approved by OC SAN, which approval shall not be unreasonably withheld), protect and hold harmless OC SAN
and all of OC SAN’s officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’s fees and costs and OC SAN’s general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify
the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’s supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN for a breach by CONSULTANT of any of the
provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder. The terms of this Agreement are
contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense
PSA PROJECT NO. PS24-04
Revised 050625 TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1
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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. 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.
25. 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 the 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
PSA PROJECT NO. PS24-04
Revised 050625 TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1
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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.
26. 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.
PSA PROJECT NO. PS24-04
Revised 050625 TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1
Page 20 of 20
IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN and CONSULTANT by their respective duly authorized officers as of the day and year first written
above. BLACK & VEATCH CORPORATION
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 Attached Attachment “C” – Not Attached
Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used
Attachment “G” – Not Attached Attachment “H” – Not Used Attachment “I” – Cost Matrix and Summary
Attachment “J” – Not Attached Attachment “K” – Not Used Attachment “L” – Contractor Safety Standards Attachment “M” – Not Attached Attachment “N” – Not Attached Attachment “O” – Not Attached Attachment “P” – Human Resources Policies YP
ATTACHMENT “A”
SCOPE OF WORK
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
ATTACHMENT "A"
SCOPE OF WORK
Trickling Filter Odor Control Study at Plant No. 1
Project No. PS24-04
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
TABLE OF CONTENTS
I. SUMMARY ............................................................................................................................. 3
II. PLANNING STUDY BACKGROUND AND OBJECTIVES .................................................... 3
BACKGROUND .............................................................................................................. 3
GENERAL PROJECT DESCRIPTION ............................................................................ 4
III. PROJECT SCHEDULE .......................................................................................................... 5
IV. PROJECT EXECUTION ........................................................................................................ 6
TASK 1 - REVIEW OF EXISTING DATA AND STRUCTURAL ASSESSMENT………..6
TASK 2 – EVALUATION OF SHORT-TERM ODOR MITIGATION STRATEGIES ....... 9
TASK 3 – EVALUATION OF TF COVERS AND ODOR MITIGATION
ALTERNATIVES .......................................................................................................... 10
TASK 4 - PREPARATION OF A PLANNING STUDY REPORT .................................. 11
Task 4.1 – Planning Study Report ..................................................................... 11
Task 4.2 – Electrical Capacity Assessment ....................................................... 12
TASK 5 – DISPERSION MODELING ............................................................................ 13
TASK 6 - PROJECT MANAGEMENT ........................................................................... 14
Task 6.1 – Project Management Progress Meetings ......................................... 14
Task 6.2 – Project Schedule .............................................................................. 14
Task 6.3 – Project Logs ..................................................................................... 14
Task 6.4 – Progress Reports ............................................................................. 14
Task 6.5 – Project Invoices ................................................................................ 15
TASK 7 – MEETINGS AND WORKSHOPS .................................................................. 15
TASK 8 - QUALITY CONTROL .................................................................................... 16
TASK 9 – SUPPLEMENTAL FIELD SAMPLING AND DISPERSION MODELING ..... 16
V. GENERAL REQUIREMENTS .............................................................................................. 18
VI. STAFF ASSISTANCE .......................................................................................................... 18
EXHIBITS .................................................................................................................................. 18
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
I. SUMMARY
This Scope of Work (SOW) requests engineering services to evaluate and seek
recommendations to determine the most viable implementation to mitigate odors at the Plant 1
Trickling Filters Secondary Treatment Process Area.
II. PLANNING STUDY BACKGROUND AND OBJECTIVES
BACKGROUND
OC San owns and operates two (2) uncovered trickling filter (TF) units at Plant No. 1. The
trickling filters were built in 2006 by Project P1-76, and their primary objective is to remove
Biological Oxygen Demand (BODs) from the primary effluent stream and convert them into
suspended solids. Due to the TF surface being exposed to the atmosphere, they have been
one of the potential nuisance odor sources at Plant No. 1. The odor has been identified as
musty in nature, and odor constituents may have been composed of reduced sulfur
compounds, ammonia, and volatile organic carbons (VOCs). Depending on the wind direction
and weather conditions, odors related to the TF process have been ongoing issues at Plant 1.
Therefore, the trickling filters have been operating at reduced flow to minimize the nuisance
impacts to the public.
Meanwhile, the TF units are being operated to provide the Ground Water Replenishment
System (GWRS) with the aqueous ammonia residual concentration in the TF effluent. (SEE
FIGURE 1 for General Site Location)
Additionally, in 2017, P1-126 Feasibility Study and SP-166 Odor Control Master Plan (OCMP)
considered options to cover the trickling filters and explored other means to minimize odor. The
Odor Control Master Plan specifically recommended placing covers on the trickling filters and
treating foul air with new single-stage chemical scrubbers. It was also reported that trickling
filters were designed to have sufficient structural support for a geodesic dome if it is required in
the future. The P1-126 concept report and the OCMP are important reference documents that
are attached to this scope
Consequently, this Planning Study (PS24-04) will conduct a dedicated study to identify both
short-term and long-term TF odor mitigation strategies to potentially allow the trickling filters to
continue operating at their design capacity and find viable ways to address the odor issues.
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
Figure 1 – General Site Location
GENERAL PROJECT DESCRIPTION
This Scope of Work (SOW) requests engineering services to conduct a planning study to
evaluate and make recommendations to determine a viable TF odor control technology at Plant
1. The study will include:
a. Analysis of odor control technology alternatives based on OC San odor control
policy and strategic plan, including:
i. Evaluations and recommendations of both short-term and long-term odor
mitigation strategies.
ii. Recommendations for odor control systems based on the existing
facilities/landscape and other relevant factors such as life cycle cost &
Operations and Maintenance costs
Trickling Filters at Plant 1
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
Tasks 1 through 3 assessments will be submitted as Chapters, culminating in a Planning
Study Report. The final report will outline conceptual design, implementation plans, project
schedule, and construction cost estimate for CIP project planning for the preferred short-term
odor control alternative. Additionally, high level recommendations will be made for a long term
odor control system as well as modifications of operations and maintenance as required.
LIST OF AVAILABLE INFORMATION:
Previous work or investigations
o P1-126 Concept Report
o SP-166 Odor Control Master Plan
Record information
o P1-76 Record Drawings
o P1-76 Shop Drawings
Other relevant data, such as historical foul air sampling results from both plants
III. PROJECT SCHEDULE
Table 2 below lists the time frames associated with each major project deliverable for Task 1
through Task 8 and with OC SAN’s review and approval of those deliverables. The
CONSULTANT shall comply with the deadlines indicated on this table. Timing of Task 9 is
contingent upon completion of the Trickling Filter Media Replacement Project (P1-142).
Table 1 – Project Milestones and Deadlines
MILESTONE DEADLINE
Kickoff Meeting The kickoff meeting will be scheduled to
coincide with the Study (Project) Notice
to Proceed (NTP).
Submit Draft Chapter 1 (Review of Existing 45 workdays from the Project NTP
Submit Draft Dispersion Modeling TM 100 workdays from the Project NTP
Submit Draft Chapter 2 (Short-term Odor 110 workdays from the Project NTP
Submit Draft Chapter 3 (Long-Term Odor
Control)
135 workdays from the Project NTP
Submit Draft Planning Study Report 150 workdays from Project NTP
OC SAN Review of Draft Planning Study
Report
20 workdays from receipt of the Draft
Study Report
Submit Final Planning Study Report 30 workdays from receipt of OC SAN
comments on the Draft Study Report.
Total 200 Workdays (10 months
approximately)
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IV. PROJECT EXECUTION
TASK 1 - REVIEW EXISTING DATA AND PERFORM FIELD SAMPLING (Chapter 1)
The CONSULTANT shall evaluate the relevant data, record drawings, documents, reports that
will be provided by OC San staff. The existing data available will include:
- TF and Secondary Clarifiers treatment record drawings,.
- TF operational philosophy and Operations Manual and Practices (OMaPs).
- Prior studies related to TF odor control such as P1-126 conceptual report and Odor
Control Master Plan.
- Available air quality sampling data and foul air constituents’ concentrations.
- Previous TF concrete assessment.
-P1-142 media replacement project information and condition assessment data.
The CONSULTANT’s Odor Control Task Lead and Project Manager shall attend a one-day field
visit for field testing, sampling, and trickling filter observation. Should sampling not be completed
during this visit, CONSULTANT’s Odor Control Task Lead shall attend a field visit on a second day
to complete sampling. The Consultant shall assess condition of the trickling filters using the data
provided in reports supplemented with any visual observations from the field visit and make
recommendations for any further inspection or condition assessment. CONSULTANT shall
develop sampling protocol to be approved by OC San ahead of the field visit.
During the field visit, the CONSULTANT shall perform testing, wastewater sampling, and odor
sampling as follows:
- Fan performance: For evaluation of fan performance, CONSULTANT shall document
airflow of each blower during the field investigation using pressure gauge readings and
fan curves (or other available means that does not include fan testing) and compare to
their rated capacity. Fans would need to be operational for this effort. Should fans not be
operational during the sampling field visit, it is assumed that OC SAN can provide this
data.
- Wastewater sampling: OC SAN shall supply two samples of primary effluent for analysis.
o Jar test: The CONSULTANT shall use the first sample to measure dissolved sulfide
concentration, pH, and ORP. A jar test shall then be performed using hydrogen
peroxide (H₂O₂) to determine the appropriate dosing rate and reaction time required
to fully oxidize sulfides present in the liquid phase.
o Shake test: The CONSULTANT shall use the second sample for a “shake test” to
evaluate the stripping potential of hydrogen sulfide (H₂S) and reduced sulfur
compounds. Colorimetric (Draeger) tubes shall be used for this analysis for three
odorants (methyl mercaptan, hydrogen sulfide, and dimethyl sulfide). Results from
the shake test will provide an indication of the odor potential associated with the
trickling filters’ distribution arm.
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
- Vapor phase odor sampling:
o Continuous sampling: CONSULTANT shall perform continuous H2S sampling over
a two-week period using Acrulog H2S dataloggers. A total of eight Acrulogs are
assumed, four per trickling filter; two at the trickling filter surface (ideally, one
mounted to the distribution arm and one behind the distribution arm), one in the
trickling filter’s plenum at the bottom, and one downstream of the fan from a
sampling port at the exhaust stack . Fans shall be operational for exhaust stack
measurement and vent doors should be closed during fan operation. If feasible, one
continuous week of sampling shall be conducted with the fans operational and one
continuous week with the fans off. Should OC SAN elect to only turn fans off at
night, the exact timing of the operation of the fans shall be logged by OC SAN and
provided to BV. The continuous sampling will serve as an observation of odors
over time and will show the diurnal variations and duration of odor events.
CONSULTANT shall return to the site after the two-week sampling period to
retrieve Acrulogs.
o Instantaneous sampling: CONSULTANT will collect instantaneous samples at the
trickling filter surfaces and ventilation ports using colorimetric (Drager) tubes for
three odorants (methyl mercaptan, hydrogen sulfide, and dimethyl sulfide).
o Odor sampling: Consultant will take four air samples for lab analysis for odor units
and SIFT analysis for total reduced sulfur compounds. These results will serve as
inputs to the dispersion model. Consultant will use a flux chamber to collect
samples in 10L Tedlar bags from the surface of one trickling filter and from the vent
doors during “fan off” operation. After the fans have been turned on, CONSULTANT
shall take a second set of samples from the surface of the trickling filter and from
the sample port in the exhaust stack. It is assumed that odor generation is similar in
both TFs and samples from one TF are representative for both trickling filters.
o Spot checks: During field visit, CONSULTANT shall use a Jerome meter for
instantaneous spot checking of H2S around the trickling filters and adjacent
fenceline.
- Air Velocity and Movement: CONSULTANT shall use an anemometer to check air velocity
at the surface of trickling filters and at the trickling filter natural ventilation ports when ports
are uncovered and fans are non-operational. CONSULTANT will utilize a smoke pen to
verify direction of air movement with fans operational and non-operational.
CONSULTANT will compare collected field data to existing data and coordinate with OC SAN for
confirmation on data to use for odor control assessment (Tasks 2 and 3) and dispersion modeling
(Task 5) prior to initiating those tasks.
The CONSULTANT shall document the Task 1 effort in the first chapter of the Planning Study.
Upon receipt of review comments from OC SAN, CONSULTANT shall incorporate comments with
the updated Chapter submitted with the Draft Planning Study Report.
Major Deliverable:
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
· Draft and Final Chapter 1 of the Planning Study will summarize findings and
recommendations for the following items:
o Assess existing ventilation fan performance in regard to TF operation and odor
control by comparing field findings to rated capacity.
o Perform operational review of the trickling filters, including assessment of air
drawdown and wetting rates, to maximize efficiency and maintain operation of
the trickling filters at their design capacity.
o Establish odor and odorant concentrations to use for dispersion modeling and
odor control alternative assessment.
o Provide recommendation for any further condition or structural assessment.
The information provided shall be used for planning and executing the work as part of the study
and should not be relied upon to prepare the final recommendations. Information not included
in the Exhibits, which are attached to this SOW, will be made available after NTP.
Level OF Efforts Assumptions:
· Assume existing odor constituent data is valid and supplement with odor data obtained
under Task 1.
· All field sampling performed by CONSULTANT shall be conducted during business hours
(8am to 5pm).
· Field sampling is intended to be performed prior to trickling filter media replacement
(project P1-142). Additional field sampling after media replacement is included as Task 9.
· Uncovered Plant 1 Data from OCMP and other sampling data is valid.
· Covered Plant 2 Data from OCMP and other sampling data is valid.
· Field sampling protocol shall be coordinated with OC SAN through workplan meeting
under Task 7. A formal sampling protocol will be provided ahead of the site visit and
sampling event.
· Structural assessment and condition assessment shall be a desktop study based on
review of information provided by OC SAN and photos from the field visit; no additional
inspection or site visits are required. An allocation of 18 hours for structural engineers and
18 hours for condition assessment engineers is assumed for Task 1. Any additional effort
beyond these allocations can be provided via amendment.
· Deliverables shall be provided in electronic format.
· OC SAN review comments on Chapter 1 of the Planning Study shall be provided
in Excel spreadsheet with CONSULTANT to provide responses within the
spreadsheet.
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
TASK 2 – EVALUATION OF SHORT-TERM ODOR MITIGATION STRATEGIES
(Chapter 2)
The CONSULTANT shall identify and evaluate odor control mitigation technologies, which
could be implemented immediately or in the short term to reduce trickling filter odor. The
evaluation criteria shall closely follow the existing OCMP and OC San strategic plan.
The technologies and implementations may include:
· Providing viable options to modify the operations of TF process to mitigate odor without
reducing treatment capacity.
· Recommending odor control technologies that can be easily implemented, including a
conceptual layout or sketch and a construction cost estimate.
The CONSULTANT shall document the Task 2 effort in Chapter 2 of the Planning Study Upon
receipt of review comments from OC SAN, CONSULTANT shall incorporate comments with the
updated Chapter submitted with the Draft Planning Study Report.
Subsequent to submittal of the Draft Chapter 2, the preferred short-term odor control solution shall
be selected. Upon confirmation from OC SAN on preferred approach, the short-term assessment
will be expanded to include the following implementation planning elements for the selected short-
term odor control system that will be summarized in the Planning Study:
· Conceptual design drawings (10%)
o Short-term odor control system plans and sections (2 drawings).
o Foul air ductwork and fan assembly plan for short-term odor control system (if
relevant) (1 drawing).
o Process flow diagram for short-term odor control system (1 drawing).
o Implementation and construction sequencing for short-term odor control
system (1 drawing).
· Impacts to other projects/project interdependencies.
· Construction cost estimates and schedule estimates.
· Preliminary specification list for major project elements.
Major Deliverable:
· Draft and Final Chapter 2 of the Planning Study , which will summarize findings and
recommendations including:
o Figures and sketches for the short-term odor mitigation designs.
o Capital cost, Operations and Maintenance cost, implementation plans, and
construction schedule.
Level OF Efforts Assumptions:
· Assume three (3) alternatives will be evaluated based on the existing condition. Multiple
alternatives may be recommended for implementation.
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
· Field/Site observations are not required.
· Impacts on other projects shall also be considered.
· Conceptual drawings for alternatives evaluation purposes shall be developed in Bluebeam
(PDF).
· Conceptual design drawings for implementation planning shall be developed under Task 4
in AutoCAD (using OC SAN BIM CAD standards and borders).
· Electrical and I&C assessment and drawings are not required.
· Structural drawings are not required.
· Deliverables shall be provided in electronic format.
· OC SAN review comments on Chapter 2 shall be provided in Excel spreadsheet
with CONSULTANT to provide responses within the spreadsheet.
TASK 3 – EVALUATION OF TF COVERS AND ODOR MITIGATION
ALTERNATIVES (Chapter 3)
The long term odor control alternatives rely on covering the TFs and treating the surface foul
air with appropriate odor control technology. For purposes of this study, it is assumed that the
trickling filter structures can accommodate the loading from covers. CONSULTANT shall
evaluate and recommend an appropriate cover type and TF material compatibility, along with
an odor control technology. The evaluation criteria shall closely follow the existing OCMP and
OC San Strategic Plan.
For purposes of this study, it is assumed that chemical scrubbers are the preferred
technology. Two vapor phase treatment alternatives will be considered; (1) integration with the
P1-126 Primary Odor Scrubber Complex POSC (currently in design); and (2) a dedicated
chemical scrubber system for treatment of TF foul air.
The CONSULTANT shall document the Task 3 effort in Chapter 3 of the Planning Study . Upon
receipt of review comments from OC SAN, CONSULTANT shall incorporate comments with the
updated Chapter submitted with the Draft Planning Study Report.
Major Deliverable:
· Draft and Final Chapter 3 of the Planning Study which will summarize findings and
recommendations for the following items:
o Provide a high level recommendation on TFs covers, including the type of cover and
material cost. A single cover configuration will be considered that minimizes volume
beneath the cover while accommodating the center column mechanism with
CONSULTANT identifying corresponding exhaust rate and loading.
o Provide high level preventative maintenance recommendations for covered TF
facilities.
o Provide a recommendation for the most appropriate odor control alternative based
on a qualitative and cost comparison.
o Concept design is not required for long-term alternatives.
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
Level Of Effort Assumptions:
Assume odor modeling is required using available data from both Covered and Uncovered TFs
provided in Task 1. (Note: Provide a separate cost for modeling effort as a separate line item)
· Assume the trickling filter structures can accommodate new covers. Additional structural
assessment would be required prior to design and installation of new covers.
· Assume existing odor data is valid to use in modeling, supplemented as needed by the
odor data collected during the study.
· Assume 2 (two) cover types and 2 ( two) odor control alternatives will be
evaluated. Odor control alternatives assumed chemical scrubbers as the
preferred technology; no additional technology evaluation is required.
· Field/Site observations are not required..
· Conceptual drawings shall be developed in Bluebeam (PDF).
· Electrical and I&C drawings are not required.
· Deliverables shall be provided in electronic format.
· OC SAN review comments on Chapter 3 shall be provided in Excel spreadsheet
with CONSULTANT to provide responses within the spreadsheet.
TASK 4 - PREPARATION OF A PLANNING STUDY REPORT
The CONSULTANT shall prepare a Draft and Final Planning Study Report to summarize findings
and recommendations from the preceding tasks as well as further define the concept design and
implementation planning for the selected short-term alternative.
TASK 4.1 – PLANNING STUDY REPORT
The CONSULTANT shall submit a Draft Planning Study Report associated with the tasks included
in this SOW. Upon receipt of review comments from OC SAN, CONSULTANT shall incorporate
comments and submit a Final Planning Study Report.
The Planning Study Report shall include the following:
· Executive Summary with key findings and recommendations from Tasks 1-3.
· Chapters above and/or any additional reports associated with this SOW.
· Meeting minutes for all meetings and workshops associated with this SOW.
· Conceptual design drawings for the selected short-term alternative (up to five
drawings). Preliminary drawing list assumes the following concept drawings for the
preferred short-term alternative:
o Short-term odor control system plans and sections (2 drawings developed under
Task 2).
o Foul air ductwork and fan assembly plan for short-term odor control system (1
drawing developed under Task 2).
o Process flow diagram for short-term odor control system (1 drawing developed
under Task 2).
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
o Implementation and construction sequencing for short-term odor control system
(1 drawing developed under Task 2).
· Electrical capacity assessment (see Task 4.2).
· Impacts to other projects/project interdependencies.
· Construction cost estimates and schedule estimates.
· Preliminary specification list (if applicable) for major project elements for short-
term odor control system.
Major Deliverables:
· Planning Study Report package (Draft and Final)
Level Of Effort Assumptions:
· OC SAN BIM/CAD standards and borders shall be utilized.
· Assumes conceptual design drawings represent a 10% level of design.
· Structural drawings are not required.
· Development of specifications are not required.
· Deliverables provided in electronic format.
· Drawings not required for preferred long-term alternative.
· OC SAN review comments on Planning Study Report shall be provided in Excel
spreadsheet with CONSULTANT to provide responses within the spreadsheet.
TASK 4.2 – ELECTRICAL CAPACITY ASSESSMENT
The CONSULTANT shall provide of the following assessment of electrical elements of the project
for the recommended short-term solutions:
· Identify power requirements for the preferred short-term alternative.
· Assess available MCC capacity in existing power building.
CONSULTANT shall document findings from Task 4.2 as part of Chapter 2 of the Planning Study.
Major Deliverable:
· Findings documented in Planning Study
Level OF Efforts Assumptions:
· OC SAN design standards shall be utilized.
· Plan layouts are not required.
· Available MCC capacity shall be determined based on discussions with OC SAN staff
and available information; field visit is not required.
· Development of electrical and I&C specifications are not required.
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
· Recommendations for required upgrades are not included.
· An allocation of 20 hours is assumed for this task. Any additional effort beyond this
allocation can be provided via amendment.
TASK 5 – DISPERSION MODELING
CONSULTANT shall review prior dispersion model inputs and findings, and confirm modeling
scenarios with OC SAN prior to performing any modeling. Upon receiving OC SAN approval
to proceed, the CONSULTANT shall perform AERMOD dispersion modeling to evaluate the
impact of the existing Plant 1 trickling filter odors on the surrounding community by collection
and compiling meteorological, terrain, and source data needed as model inputs. It is
assumed that the odor data collected under Task 1 will be used as the basis for modeling,
supplementing with existing odor data as appropriate. If sampling with fans operational is not
conducted, historical sampling data shall be used for modeling scenarios with fans on.
Modeling results (impacts as dilution-to-threshold, D/T) will be presented in both tabular and
graphical (isopleth map) formats.
Budgeting for this effort assumes that four scenarios will be evaluated for maximum impact;
preliminarily it is assumed that the scenarios will include the following:
· Scenario 1 - baseline conditions with existing trickling filter fans off
· Scenario 2 – baseline conditions with existing trickling filter fans on
· Scenario 3 - short-term controlled scenario assuming exhaust stack extension to
maximum allowable height for Plant 1
· Scenario 4 – short-term controlled scenario assuming implementation of dispersion
fans
Final model scenarios will be determined after sampling performed under Task 1 is complete.
CONSULTANT shall present findings from Task 5 efforts in a one-hour virtual workshop to be
attended by the PM, PE, and Dispersion Modeler. CONSULTANT shall document the
dispersion modeling effort in a Draft Dispersion Modeling Technical Memorandum. Upon
receipt of review comments from OC SAN, CONSULTANT shall incorporate comments and
submit a Final Dispersion Model Technical Memorandum with the Final Chapter 2 of the
Planning Study.
Deliverables:
· Draft and Final Dispersion Modeling Technical Memorandum.
· Workshop agenda and meeting minutes.
Level OF Efforts Assumptions:
· AERMOD shall be used for dispersion model.
· Model shall utilize odor data collected during Task 1, supplemented with available
existing odor data as needed.
· Deliverables shall be provided in electronic format.
· OC SAN review comments on Dispersion Modeling Technical Memorandum
shall be provided in Excel spreadsheet with CONSULTANT to provide responses
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
within the spreadsheet.
· OC SAN review comments on the Dispersion Modeling Technical Memorandum
shall be provided in Excel spreadsheet with CONSULTANT to provide responses
within the spreadsheet.
TASK 6 - PROJECT MANAGEMENT
The CONSULTANT shall be responsible for managing the CONSULTANT’s project execution,
schedule, budget, Subconsultants, and coordination with other projects.
The CONSULTANT shall be responsible for managing all subconsultants, including the
assignment of scope, management of deliverables and schedules, reporting of progress,
invoicing, and quality control.
TASK 6.1 – PROJECT MANAGEMENT PROGRESS MEETINGS
The CONSULTANT shall prepare an agenda and conduct monthly project management
meetings (up to 10 meetings, one hour duration each) with OC SAN’s Project Manager
and the CONSULTANT’s Project Manager. The purpose of the meetings will be to review
the CONSULTANT’s overall project progress and monthly Progress Report. Other
meetings shall be scheduled on an as-needed basis.
TASK 6.2 – PROJECT SCHEDULE
The CONSULTANT shall create a simple project schedule. At a minimum, the schedule shall
indicate the following:
· Projected start date and finish date for each activity.
· Each project tasks.
· Major meetings and workshops.
TASK 6.3 – PROJECT LOGS
The CONSULTANT shall maintain a project log to track the study progress and action items.
TASK 6.4 – PROGRESS REPORTS
CONSULTANT shall submit monthly progress reports at the same time as monthly invoices
that include the following contents:
· Work activities completed to date, in the current reporting period, and projected for the
coming month.
· A brief description of outstanding issues and their potential for impact on scope,
schedule, budget, and quality.
· Potential changes in the project scope.
· Budget status including estimates of actual costs to date, earned value, costs to
complete, and costs at completion.
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
· Schedule status with a description of any variances between scheduled and forecasted
milestone dates.
· A discussion of corrective actions to be taken to avoid or mitigate cases where the
project schedule is expected to be delayed.
TASK 6.5 – PROJECT INVOICES
The invoices shall document the man-hours and billing rate for each person that works on the
project. Overhead, profit and any direct costs shall also be shown for each task. As part of the
summary section of the invoice, 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 invoiced to date”.
Approval of an invoice by OC SAN requires a Progress Report for the period covered by the
invoice. Payment of an invoice will be delayed until the Progress Report is submitted.
OC SAN will provide a sample invoice structure to the CONSULTANT at the beginning of the
project.
TASK 7 – MEETINGS AND WORKSHOPS
The CONSULTANT shall hold meetings and workshops throughout the Planning Study to keep
OC SAN apprised of the work, review work-in-progress, share information, discuss project
submittals, present findings of technical analyses, receive and resolve comments, and obtain
decisions and direction by OC SAN staff. This task defines the major meetings and workshops
to be held by the CONSULTANT. The CONSULTANT shall prepare agendas, minutes, and
meeting materials for all meetings and workshops.
The CONSULTANT shall assume the following meetings will be required during the
development of the planning study.
Number of Meetings/
Workshops
Proposed Topics Consultant
Attendance:
· One 1-hr Project
Kickoff Meeting
-- · PM, Technical
Lead(s) (in-person)
· PE (virtual)
· One 1-hr Meeting · Pre-field visit
workplan meeting
· PM, Tech lead
(in-person)
· PE (virtual
· Four 1-hr Meetings · Focus meetings
with technical
leads
· PM, PE, Tech
leads (virtual)
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
Number of Meetings/
Workshops
Proposed Topics Consultant
Attendance:
· Two 2-hr Workshops · One workshop each for
Task 2 and 3
· PM, Tech lead(s)
(in-person)
· PE (virtual)
· One 2-hr
Workshop/Presentation
· Final recommendation
presentation to OC San
Staff
· PM, Tech lead(s)
(in-person)
· PE (virtual)
· One 1-hr Meeting · Review OC SAN
comments on draft report
· PM, Tech lead(s)
(in-person)
· PE (virtual)
· Bi-Weekly 1/2-hr
Meetings as
Progress/Technical
Meetings
· Meet with OC SAN
project team and
relevant staff
· PM and PE (virtual)
The CONSULTANT shall provide meeting agendas and presentations 5 working days
before each Workshop and transmit the meeting/workshop minutes to the OC SAN staff
within three business days of the meeting in MS Word format using OC SAN’s template, or
an approved substitution. The monthly progress meetings and focus meetings can be
assumed virtual, with all other meetings being hybrid and/or in person, as accepted by the
OC SAN Project Manager. Assume that workshops are in person and meetings are virtual.
A copy of all comments on project issues obtained by the CONSULTANT from OC SAN staff
without OC SAN’s Project Manager’s direct involvement shall be submitted for OC SAN’s
Project Manager’s approval within three business days of receipt.
TASK 8 - QUALITY CONTROL
The CONSULTANT shall be responsible for the technical adequacy and quality control of his
work. Prior to the submittal to OC SAN, each portion of a submittal shall be thoroughly
reviewed and corrected by a member of the CONSULTANT’s QC Team.
The reviewer shall attest to their review in the form of a written affidavit outlining the submittal
subject and identifying the corrected deficiencies.
Quality Control for work and deliverables is budgeted under the other tasks with Task 8
budget allocated for maintaining quality procedures and documents.
TASK 9 – SUPPLEMENTAL FIELD SAMPLING AND DISPERSION MODELING
Through the P1-142 project, OC SAN will be replacing media in the trickling filters. CONSULANT
shall perform additional field sampling and dispersion modeling to reflect this improvement and
refine the study recommendations. CONSULTANT shall perform the following activities under this
task:
· Ongoing project management and administration for additional three months in project
schedule.
January 2026
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PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
· Development of sampling protocol.
· The CONSULTANT’s Odor Control Task Lead and Project Manager shall attend one day
site visit to conduct vapor phase odor sampling at the one trickling filter with new media
installed:
o Continuous sampling: CONSULTANT shall perform continuous H2S sampling over
a two-week period using Acrulog H2S dataloggers. A total of four Acrulogs are
assumed; two at the trickling filter surface (ideally, one mounted to the distribution
arm and one behind the distribution arm), one in the trickling filter’s plenum at the
bottom, and one downstream of the fan from a sampling port at the exhaust stack .
Fans shall be operational for exhaust stack measurement and vent doors should be
closed during fan operation. If feasible, one continuous week of sampling shall be
conducted with the fans operational and one continuous week with the fans off.
Should OC SAN elect to only turn fans off at night, the exact timing of the operation
of the fans shall be logged by OC SAN and provided to BV. The continuous
sampling will serve as an observation of odors over time and will show the diurnal
variations and duration of odor events. CONSULTANT shall return to the site after
the two-week sampling period to retrieve Acrulogs.
o Odor sampling: Consultant will take four air samples for lab analysis for odor units
and SIFT analysis for total reduced sulfur compounds. These results will serve as
inputs to the dispersion model run defined below. Consultant will use a flux
chamber to collect samples in 10L Tedlar bags from the surface of one trickling filter
and from the vent doors during “fan off” operation. After the fans have been turned
on, CONSULTANT shall take a second set of samples from the surface of the
trickling filter and from the sample port in the exhaust stack.
· Dispersion modeling update
o CONSULTANT shall perform one additional dispersion model run for the preferred
short-term controlled scenario using the sampling data collected under this task.
· Summary Memorandum
o CONSULTANT shall develop a Summary Memorandum to document the Task 9
efforts, findings, and recommendations for integration with the Planning Study
Report.
Deliverables:
· Summary memorandum to document task findings and impact on Planning Study
recommendations.
Level OF Efforts Assumptions:
· Assumes an additional three months of schedule for project management activities.
· AERMOD shall be used for dispersion model.
· Model shall utilize odor data collected under this Task, supplemented with available
existing odor data as needed.
· Updates to the Planning Study Report are not required.
January 2026
Page 18 of 18
PS24-04 – Trickling Filter Odor Control Study at Plant No. 1
· Deliverables shall be provided in electronic format.
V. GENERAL REQUIREMENTS
GENERAL
Working Hours
Meetings with OC SAN staff shall be scheduled from Monday through Thursday between the
hours of 8:00 AM and 4:00 PM. The CONSULTANT’s on-site staff shall conform to OC SAN
work schedules. The CONSULTANT shall refer to OC SAN’s Engineering Design Guidelines,
Chapter 01, Section 01.3.5 “CONSULTANT Inspection of Treatment Facilities” for further
requirements.
VI. STAFF ASSISTANCE
The OC SAN staff member or designee assigned to work with the CONSULTANT on this
project is Trimbak Vohra at 916-531-5444. e-mail tvohra@ocsan.gov
EXHIBITS:
Exhibit 1 – Location Map
Exhibit 2 to 13 – Not applicable
Exhibit 14 - Bluebeam Designer Training for Submission
Exhibit 15 - Bluebeam Designer User Training
Exhibit 16 - OC SAN Engineering Design Guidelines and Standards –
Document Central | Orange County Sanitation District (ocsan.gov)
Exhibit 17 - Project Reference Materials (PROVIDED SEPERATELY IN
PLANETBIDS)
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4716 Agenda Date:3/4/2026 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period ending
December 31, 2025.
BACKGROUND
The Engineering Program involves awarding and managing multiple construction and consulting
contracts.In 2008,the Orange County Sanitation District (OC San)Board of Directors began
authorizing contingencies along with construction and consulting contracts,allowing the General
Manager to approve construction change orders and amendments to consulting contracts up to the
amount of the authorized contingency.This practice reduces administrative costs,expedites
resolution of project issues that arise,helps avoid contractor delay claims,and facilitates efficient
management of many contracts.
The Engineering Program Contract Performance Report summarizes construction and consulting
contract performance and activities for the quarter ending December 31,2025.This report is
updated quarterly and includes a summary of the General Manager approved contract contingencies
among other key performance indicators.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Engineering Program Contract Performance Report for the period ending December 31, 2025
MD:lb
Orange County Sanitation District Printed on 2/25/2026Page 1 of 1
powered by Legistar™
DATE:March 04, 2026
TO:Orange County Sanitation District Board of Directors
FROM:Robert C. Thompson, General Manager
Through: Michael T. Dorman, Director of Engineering
This report provides a comprehensive quarterly overview of OC San’s engineering contracts and project performance. It presents the status of active projects and commitments, change
order performance, and contract activity across construction, professional services, master agreements, and supplemental services. Each section highlights key metrics such as award
values, expenditures, and contingency use, offering insight into program health and trends over time.
Part 1 – Active Projects Overview
Part 2 – Active Contracts Overview
Part 3 – Construction Contracts
Part 4 – Construction Contracts Change Orders
Part 5 – Professional Design & Related Services
Part 6 – Master Agreements
Part 7 – Master Services Agreements
Part 8 – Supplemental Engineering Services Contracts
Part 9 – Programming Professional Services Contracts
Part 10 – On-Call Services Contracts
Part 11 – Appendix Tables
Engineering Program Contract Performance Report
Quarter End Date December 31, 2025
Print Date: 2/18/2026Quarter End Date: 12/31/2025
Active Projects Overview
All OC San projects progress through a standard lifecycle, beginning with project development to establish the overall scope, moving through preliminary and
detailed design where that scope is refined and key decisions are made, and ultimately culminating in construction where the design is brought to life. While the
greatest effort occurs during construction, careful attention in the earlier stages is critical to minimize changes later, helping to control costs and avoid overruns
while ensuring successful project delivery.
151
Projects
$4,145,391,052
TotalProjectsBudget
AllOCS j h h d dlif l b i i i h j
Project Count by Phase
03-ProjectDevelopment
04-PreliminaryDesign
05-Design
06-BidandAward
07-Construction
09-Close-Out
27
13
29
2
53
27
1
ྦྷ
d l bli h h ll i h h li i d
Project Budget by Phase
03-ProjectDevelopment
04-PreliminaryDesign
05-Design
06-Bid andAward
07-Construction
09-Close-Out
$564,857,700
$105,757,029
$1,691,201,800
$5,938,000
$1,515,051,186
$262,585,337
2/18/2026Print Date: Quarter End Date: 12/31/2025
Active Contracts Overview
136
Contracts
$1,206,511,610
TotalContractsValue
While projects represent the work OC San plans and manages, contracts reflect the formal obligations we hold with external partners. This chart highlights those
active commitments, illustrating both the number and relative value of agreements with contractors, consultants, and service providers that support delivery of
our projects.
2
ྦྷ
Contract Total Value by Type
Construction
EngineeringServiceAgreements
ProgressiveDesign Build
MasterAgreement TaskOrders
$906,179,008
$242,004,619
$16,130,000
$42,197,983
Contract Count by Type
Construction
EngineeringServiceAgreements
ProgressiveDesign Build
MasterAgreement TaskOrders
44
48
1
43
2/18/2026Print Date: Quarter End Date: 12/31/2025
Active Construction Contracts
This page provides a view into
active construction contracts,
illustrating both the distribution by
project type and expenditures to
date. It also identifies the awarding
authority, linking contract progress
to the level of approval
responsibility.
44
Contracts
29
Contractors
Category ContractsTotal Actuals Remaining
Plant-Rehab 32 $605,116,866 $425,145,725 $179,971,141
Collections 10 $293,825,186 $101,280,343 $192,544,842
Plant-New 2 $7,236,957 $6,471,674 $765,283
Total 44 $906,179,008 $532,897,742 $373,281,266
Awarding Authority Contracts
Total
Board 43 $905,879,258
GM 1 $299,750
Committee 0 $0
Actuals
$0M $906M
$533M
59%
3
ྦྷ
$605M
$294M
Plant- New$7M
Plant-Rehab
Collections
2/18/2026Print Date: Quarter End Date: 12/31/2025
Contracts Closed Last Quarter by Project
Contracts Original Contract Change Orders
Collections2 $5,841,000 $415,959
7-68 - MacArthur Force MainImprovements 1 $3,897,000 $389,500
FE20-08 -Olive Sub-TrunkSiphon Rehabilitation atSanta Ana River 1 $1,944,000 $26,459
Plant - Rehab5 $9,777,360 $1,373,319
FE19-03 -TricklingFilter Sludge andScumPumpsReplacement atPlant No. 1 1 $778,000 $23,471
FR1-0005 - Cengenand 12KvService CenterSwitchgear BatterySystem UpgradesatPlantNo.1 1 $970,000 $127,481
FR2-0023 - Activated SludgeClarifier EntryImprovementsatPlant No.2 1 $1,171,000 $25,477
FR2-0026R HeadworksPhase 3CableReplacementat PlantNo.2 1 $358,360 $0
P2-127- Collections Yard Relocation andWarehouse DemolitionatPlantNo.2 1 $6,500,000 $1,196,890
Total 7 $15,618,360 $1,789,278
Historical Change Order Performance
When OC San awards a
construction contract, it also
authorizes a contingency
amount that enables the
General Manager to approve
contract change orders up to
that limit. One purpose of this
report is to track how much of
that contingency is ultimately
used. Because change order
rates are only meaningful once
a project is complete, the chart
below includes only contracts
closed since OC San began
formally approving
contingencies in 2008. It
illustrates how cumulative
change order rates have
evolved over time for plant-
related projects, collection
system work, and all contracts
combined.
*Cumulativedatabeginning in2008.Chartshowslast15years.
4
ྦྷ
CCCCCCCooooonnnnnttttttrrrrraaaaacccccttttttsssss CCCCCCCllllllllooooossssseeeeedddddddd LLLLLLLaaaaassssstttttt QQQQQQQuuuuuaaaaarrrrrtttttteeeeerrrrr bbbbbbbbyyyyy PPPPPPPrrrrrooooojjjjjjjjoooooeeeeeccccctttttt CCCCCCCooooonnnnnttttttrrrrraaaaacccccttttttsssss OOOOOOOrrrrriiiiiiiigggggiiiiiiiinnnnnaaaaallllllll CCCCCCCooooonnnnnttttttrrrrraaaaaccccctttttt CCCCCCChhhhhhhhaaaaannnnngggggeeeee OOOOOOOrrrrrddddddddeeeeerrrrrsssss
2010 2015 2020 2025
Goal: Plant - New: 5%
Goal: Plant - Rehab: 8%
Goal: Collections: 10%
5.5%
9.4%9.5%
5.2%
4.8%
4.0%
2.1%2.6%3.7%
7.1%
7.8%
4.1%
2/18/2026Print Date: Quarter End Date: 12/31/2025
Active Engineering Service Agreements
This page provides a view into active
professional services contracts,
illustrating both the distribution by
contract type and the pace of
expenditures to date. It also identifies
the awarding authority, linking contract
progress to the level of approval
responsibility.
$164M
Contracts
21
Consultants
Contract Type Contracts
Total Actuals Remaining
ProfessionalDesignServices Agreement 20 $153,901,876 $112,743,310 $41,158,566
ProfessionalConstruction Services Agreement 16 $69,800,696 $39,088,405 $30,712,291
ProfessionalServices Agreement 12 $18,302,047 $12,179,631 $6,122,416
Total 48 $242,004,619 $164,011,346 $77,993,273
Actuals
$0M $242M
$164M
68%
5
ྦྷ
Awarding Authority Contracts Total
Board 42 $241,205,184
Committee 2 $359,308
GM 4 $440,127
2/18/2026Print Date: Quarter End Date: 12/31/2025
Progressive Design-Build
This page provides a view into active Progressive
Design-Build contracts, illustrating the distribution of
projects by type and expenditures to date. This
procurement method takes advantage of the
collaborative nature of design and construction,
allowing for faster delivery and enhanced project
flexibility. The page also includes the "Upper Limit,"
which reflects the amount delegated by OC San to
the General Manager for approving contract changes.
1
Contracts
1
Contractors
Projects Contracts TotalActuals Remaining Upper Limit
J-137 1 $16,130,000 $0 $16,130,000 $94,193,000
Total 1 $16,130,000 $0 $16,130,000 $94,193,000
ThTT
D
pp
pp
cco
aal
fffle
wwww
ttth
Awarding
Authority
Contracts Total
Board 1 $16,130,000
Committee 0 $0
GM 0 $0
Actuals
$0M $16M
$0
0%
6
ྦྷ
J-137 $16M
2/18/2026Print Date: Quarter End Date: 12/31/2025
Active Master Agreements
Master Agreements are issued to a pool of pre-qualified
consultants for smaller OC San projects. Task orders, limited to
$500,000, are awarded to the most qualified consultant, and
while expired agreements cannot issue new task orders, existing
agreements remain active until all task orders are completed.
36
TaskOrders
13
Firms
Actuals
$0M $11M
$7M
63%
DescriptionStatus TOs Total Actuals Remaining
2018MasterProfessionalDesignService Agreements Expired 9 $2,119,395 $1,956,734 $162,661
2020MasterAgreements forOn-CallPlanningStudies Expired 1 $247,000 $119,133 $127,867
2021MasterProfessionalDesignService Agreements Expired 14 $4,099,263 $3,438,576 $660,687
2024MasterProfessionalDesignService Agreements Open 7 $2,604,138 $335,696 $2,268,442
2024On-CallPlanningStudies Open 5 $1,636,401 $929,849 $706,552
Total 36 $10,706,197 $6,779,989 $3,926,208
7
ྦྷ
2/18/2026Print Date: Quarter End Date: 12/31/2025
Active Master Service Agreements
7
TaskOrders
2
Firms
Actuals
$0M $31M
$13M
41%
DescriptionStatus TOs Total Actuals Remaining
Agreement forDesignInstallation, Implementation and
Maintenanceof aProcess ControlSystem
Open 2 $12,187,067 $8,207,767 $3,979,301
ProgressiveDesign-Build OwnerAdvisor,Program
Management,andProfessionalEngineeringSupport Services
Open 5 $19,304,718 $4,616,046 $14,688,672
Total 7 $31,491,786 $12,823,813 $18,667,973
Through competitive procurement processes, OC San has
awarded Master Services Agreements (MSAs) for specialized
engineering and technical services to support multiple
Capital Improvement Program (CIP) needs. Each MSA
establishes a long-term contractual framework—spanning
multiple years with renewal options—under which
professional services are procured through task orders tied
to individual CIP projects.
8
ྦྷ
2/18/2026Print Date: Quarter End Date: 12/31/2025
Supplemental Engineering Services Contracts
OC San approved two Professional Service Agreements with qualified firms to provide supplemental engineering services for a multi-year term, with options for renewal. Each
agreement was authorized for a not-to-exceed amount and is intended to provide flexible, on-demand access to specialized technical expertise.
Supplemental engineering services contracts offer advantages over hiring additional full-time or limited-term staff, including rapid mobilization of skilled personnel, flexibility
to adjust staffing levels and technical skill sets as needs change, access to experts for specialized assignments, and the ability to scale resources in response to fluctuating
workloads.
9
ྦྷ
2/18/2026Print Date: Quarter End Date: 12/31/2025
Company
Total Actuals Remaining Months
Total
Months
Elapsed
Months
Remaining
AECOMTechnical Services, Inc.$14,700,000 $7,588,949 $7,111,051 60 46 14
Jacobs Project ManagementCo $44,700,000 $27,808,019 $16,891,981 60 46 14
Total $59,400,000 $35,396,967 $24,003,033
Actuals
$0M $59M$35M
60%
OC San approved two Professional Service Agreements with
Company
Previous
Quarter
Hours
Total
Hours
Labor $
Invoiced
Labor
Avg
Rate
AECOM
Technical
Services,Inc.
4,977 37,752 $7,437,270 $196
JacobsProject
ManagementCo
15,663 154,768 $26,906,044 $174
Total 20,639 192,519 $34,343,315 $178
h qualifiedfirms to provide supplemental engineering services for a multi year term with options for renewal Eachhqu
Staffing Full Time Equivalent (FTE)
0
50
Ja
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2025
11.3 15.3 15.5 14.6
36.5 33.8 33.1 36.4 40.8 36.1 33.9 44.3 34.7 47.9 33.1 33.3
CompanyName AECOM Technical Services, Inc.Jacobs Project Management Co
Programming Professional Services Contracts
OC San previously approved two Professional Service Agreements with qualified firms to provide programming professional services for a multi-year term, with options for
renewal. Each agreement was authorized for a not-to-exceed amount and is intended to support programming, testing, commissioning, maintenance, and upgrades of OC
San’s process control systems, which manage and monitor treatment plant operations.
Using professional services contracts, rather than hiring additional full-time or limited-term staff, offers several advantages including access to short-term resources during
critical project phases, rapid mobilization of skilled technical personnel, flexibility to adjust resources to meet project needs, and the ability to scale support up or down in
response to workload changes.
Company
Total Actuals Remaining Months
Total
Months
Elapsed
Months
Remaining
EnterpriseAutomation $4,900,000 $1,899,925 $3,000,075 48 46 2
Rockwell Automation,Inc.$4,900,000 $2,120,690 $2,779,310 48 46 2
Total $9,800,000 $4,020,615 $5,779,385
10
ྦྷ
Actuals
$0M $10M$4M
41%
2/18/2026Print Date: Quarter End Date: 12/31/2025
nts with qualified firms to provide programming professional services for a multi-year term with options for
Staffing Full Time Equivalent (FTE)
0
2
Ja
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2025
1.0 0.7 0.7
2.1 2.3 2.7 1.9 1.7 2.2 1.7 2.5 2.7
CompanyName Enterprise Automation Rockwell Automation, Inc.
OC San previously approved two Professional Service Agreememe
0
2
Company
Previous
Quarter
Hours
Total
Hours
Labor $
Invoiced
Labor
Avg
Rate
Enterprise
Automation
3 10,020 $1,899,270 $190
Rockwell
Automation,Inc.
949 10,886 $2,114,844 $194
Total 952 20,906 $4,014,115 $192
On-Call Services Agreements
On-call services agreements provide OC San
with flexible access to specialized technical
expertise across multiple categories, such as
inspection and testing, engineering support,
and surveying. These agreements allow staff
to request services on an as-needed basis,
ensuring that qualified firms are available to
support project and operational needs
without the cost of maintaining permanent
staff for highly specialized tasks. Some
agreements also include multi-year terms
with renewal options, offering continuity for
recurring service needs.
Project / Firm Total Actuals Remaining Expiration
CEQA Support Services$1,500,000 $0 $1,500,000
HDR Engineering, Inc.$1,500,000 $0 $1,500,000 10/21/2028
Coating and Corrosion Management Assessment Staffing Support Services$700,000 $440,240 $259,760
CorrPro Companies, Inc.$700,000 $440,240 $259,760 3/1/2026
Coating Inspection Services$1,500,000 $257,920 $1,242,080
CorrPro Companies, Inc.$500,000 $180,090 $319,910 4/30/2028
DiversifiedProject Services International,Inc.$500,000 $40,165 $459,835 4/30/2028
TKE Engineering,Inc.$500,000 $37,665 $462,335 4/30/2028
Condition Assessment On-Call Contractor Support Services$2,428,757 $1,611,604 $817,153
Jamison Engineering $2,428,757 $1,611,604 $817,153 10/31/2026
Geotechnical Testing Services$3,000,000 $238,921 $2,761,079
AtlasTechnicalConsultantsLLC $750,000 $48,871 $701,129 4/30/2028
Kleinfelder,Inc.$750,000 $11,138 $738,862 4/30/2028
Ninyo &Moore $750,000 $18,583 $731,418 4/30/2028
NOVA Services, Inc.$750,000 $160,329 $589,671 4/30/2028
Surveying Services$2,000,000 $75,813 $1,924,187
D. Woolley&Associates $500,000 $24,725 $475,276 4/30/2028
MichaelBakerInternational,Inc.$500,000 $18,391 $481,609 4/30/2028
Psomas $500,000 $21,559 $478,441 4/30/2028
Stantec ConsultingServicesInc.$500,000 $11,138 $488,862 4/30/2028
Total $11,128,757 $2,624,497 $8,504,260
14
Agreements
13
Firms
Actuals
$0M $11M$2.6M
24%
11
ྦྷ
2/18/2026Print Date: Quarter End Date: 12/31/2025
Appendix Table 1: Active Construction Contracts
Contract Contingency
Project Purchase
Order Contractor Award
Date
Awarding
Authority Award Change
Orders Current Actuals
%Original Current Used Remaining
2-49 - Taft Branch Improvements 108680-OB Big Ben Inc.5/22/2024 Board $20,458,250 $201,791 $20,660,041 58%10.0%10.0%1.0%9.0%
3-64C - Los Alamitos Sub-Trunk and Westside
Relief Interceptor Rehabilitation 108920-OB T.E. Roberts,
Inc.12/18/2024 Board $35,320,572 $0 $35,320,572 16%10.0%10.0%0.0%10.0%
3-67 - Seal Beach Pump Station Replacement 108352-OB
Walsh
Construction
Company II,
LLC
12/14/2023 Board $97,032,743 $582,225 $97,614,968 27%10.0%10.0%0.6%9.4%
5-67 - Bay Bridge Pump Station Replacement 108998-OB
J.F. Shea
Construction,
Inc.
2/26/2025 Board $87,321,000 $0 $87,321,000 13%10.0%10.0%0.0%10.0%
7-65 - Gisler-Red Hill Interceptor and Baker
Force Main Rehabilitation 108177-OB Steve P. Rados,
Inc.5/24/2023 Board $44,706,000 ($856,317)$43,849,683 92%10.0%10.0%0.0%11.9%
FE18-13 - Redhill Relief Sewer Relocation at
State Route 55 107836-OB
SRK
Engineering,
Inc.
6/22/2022 Board $2,213,000 $1,323,115 $3,536,115 100%15.0%60.0%59.8%0.2%
FE19-01 - Pump Station Portable Generator
Connectors 107469-OB
Pacific
Industrial
Electric
9/29/2021 Board $1,207,479 $68,343 $1,275,822 100%10.0%16.0%5.7%10.3%
FE19-02 - Cengen Plant Water Pipe
Replacement at Plant No. 1 108466-OB
Innovative
Construction
Solutions
3/27/2024 Board $3,385,000 $0 $3,385,000 7%10.0%10.0%0.0%10.0%
FE19-04 - Sunflower Pump Replacement at
Plant No. 1 107474-OB
GSE
Construction
Company, Inc.
10/27/2021 Board $2,123,200 $196,143 $2,319,343 83%10.0%25.0%9.2%15.8%
FE19-08 - Secondary Treatment VFD
Replacements at Plant No. 2 107759-OB ACS
Engineering 3/23/2022 Board $1,433,000 $0 $1,433,000 15%10.0%10.0%0.0%10.0%
FE20-02 - Digester C, D, F, and G Mechanical
Rehabilitation at Plant No. 2 108721-OB
J.F. Shea
Construction,
Inc.
6/26/2024 Board $3,694,000 $0 $3,694,000 84%10.0%10.0%0.0%10.0%
FE20-04 - Cengen Cooling Water Pipe
Replacement at Plant No. 2 107956-OB
Innovative
Construction
Solutions
11/16/2022 Board $3,487,600 $0 $3,487,600 77%10.0%10.0%0.0%10.0%
FE20-05 - Plant Water Piping Replacement at
Secondary Clarifiers 1-26 at Plant No. 1 108839-OB T.E. Roberts,
Inc.9/25/2024 Board $1,375,313 ($38,855)$1,336,458 100%10.0%10.0%0.0%12.8%
Print Date: 2/18/2026 12Quarter End Date: 12/31/2025
Appendix Table 1: Active Construction Contracts
Contract Contingency
Project Purchase
Order Contractor Award
Date
Awarding
Authority Award Change
Orders Current Actuals
%Original Current Used Remaining
FE21-07 - Liquid Oxygen Tank A Replacement at
Plant No. 2 107982-OB
J.R. Filanc
Construction
Company, Inc.
12/15/2022 Board $2,608,007 $0 $2,608,007 86%10.0%10.0%0.0%10.0%
FE21-08 - Newhope-Placentia Sewer Manhole
Replacements 108925-OB
Sancon
Technologies
Inc.
12/18/2024 Board $406,730 $0 $406,730 0%20.0%266.0%0.0%266.0%
FE22-01 - Platform Modifications for Process
Areas at Plant No. 1 and No. 2 108973-OB Tharsos, Inc.12/18/2024 Board $494,494 $0 $494,494 58%15.0%15.0%0.0%15.0%
FE22-02 - Liquid Oxygen Tank B Replacement at
Plant No. 2 108434-OA
J.R. Filanc
Construction
Company, Inc.
2/28/2024 Board $3,098,000 $0 $3,098,000 16%10.0%10.0%0.0%10.0%
FE23-01 - Digester Gas Compressor Dryer
Replacements at Plant Nos. 1 and 2 108564-OA
Innovative
Construction
Solutions
9/10/2024 Board $5,942,500 $0 $5,942,500 0%10.0%10.0%0.0%10.0%
FE23-06 - HVAC Replacements at Plant Nos. 1
and 2 108748-OA
ACCO
Engineered
Systems
7/24/2024 Board $1,698,204 $0 $1,698,204 71%10.0%10.0%0.0%10.0%
FE23-07 - Pipeline Utility Easement Clean Up in
Huntington Beach 109357-OB
Metrocell
Construction,
Inc.
12/3/2025 Board $2,863,255 $0 $2,863,255 0%10.0%0.0%10.0%
FE23-08 - Power Buildings 7 and 8 HVAC
Replacement at Plant No. 1 164716-OS Trane U.S. Inc.10/2/2024 Board $687,708 $0 $687,708 99%5.0%5.0%0.0%5.0%
FE23-09 - Primary Clarifiers F and G Rotating
Mechanism Rehabilitation at Plant No. 2 108851-OA Vicon
Enterprise 9/25/2024 Board $3,150,000 $0 $3,150,000 93%15.0%42.0%0.0%42.0%
FE24-11 - Steve Anderson Lift Station (SALS)
Variable Frequency Drive (VFD) Replacement at
Plant No. 1
109214-OB Big Sky Electric 7/23/2025 GM $299,750 $0 $299,750 0%
FR1-0011 - VFD Replacements at Plant No. 1 108019-OB ACS
Engineering 12/15/2022 Board $1,214,888 $0 $1,214,888 19%10.0%10.0%0.0%10.0%
FR1-0018 - Dewatering Centrifuge Diverter Gate
Improvements at Plant No. 1 109305-OB
Innovative
Construction
Solutions
11/12/2025 Board $1,289,500 $0 $1,289,500 0%15.0%15.0%0.0%15.0%
FR1-0020 - Traffic Signal Installation at Ellis
Avenue and Mt. Langley Street Intersection 108767-OB
Asplundh
Construction
LLC
10/4/2024 Board $746,250 $19,033 $765,283 0%10.0%10.0%2.6%7.4%
Print Date: 2/18/2026 13Quarter End Date: 12/31/2025
Appendix Table 1: Active Construction Contracts
Contract Contingency
Project Purchase
Order Contractor Award
Date
Awarding
Authority Award Change
Orders Current Actuals
%Original Current Used Remaining
FR1-0022 - Back-up Power for Laboratory
Equipment at Plant No. 1 109048-OB Leed Electric 4/16/2025 Board $133,000 $0 $133,000 99%10.0%10.0%0.0%10.0%
FR2-0032 - Digester K Dome Repair at Plant No.
2 108906-OA
Structural
Preservation
Systems, LLC
11/20/2024 Board $876,707 $12,900 $889,607 68%15.0%15.0%1.5%13.5%
FR2-0033 - Digesters O - T Bridge Repair at
Plant No. 2 168378-OS Jamison
Engineering 12/10/2024 Board $255,962 $0 $255,962 0%10.0%10.0%0.0%10.0%
FRC-0010 - Warner Avenue Vault Cover
Improvements 108769-OB
Minako
America
Corporation
7/24/2024 Board $977,000 $0 $977,000 90%10.0%10.0%0.0%10.0%
J-117B - Outfall Low Flow Pump Station 106518-OB Shimmick
Construction 12/19/2018 Board $90,200,000 $5,932,583 $96,132,583 96%8.0%8.0%6.6%1.4%
J-120A - Control Room Reconfiguration at Plant
No.1 109018-OB
Estate Design
and
Construction,
Inc.
4/2/2025 Board $1,033,000 $0 $1,033,000 6%10.0%10.0%0.0%10.0%
J-135B - Engine and Generator Overhauls at
Plant No. 1 and 2 107847-OB
Cooper
Machinery
Services
7/27/2022 Board $29,361,029 $4,053,640 $33,414,669 86%10.0%18.0%13.8%4.2%
J-98 - Electrical Power Distribution System
Improvements 109216-OB Shimmick
Construction 7/15/2025 Board $24,352,127 $0 $24,352,127 3%10.0%10.0%0.0%10.0%
P1-105 - Headworks Rehabilitation at Plant 1 107274-OB
Kiewit
Infrastructure
West Co.
3/24/2021 Board $222,330,000 $9,342,204 $231,672,204 72%4.0%8.0%4.2%3.8%
P1-132 - Uninterruptable Power Supply
Improvements at Plant 1 107979-OB Leed Electric 12/15/2022 Board $5,765,789 $174,698 $5,940,487 100%10.0%10.0%3.0%7.0%
P1-133 - Primary Sedimentation Basins No. 6-31
Reliability Improvements at Plant No. 1 107553-OB Shimmick
Construction 2/23/2022 Board $6,275,000 $196,674 $6,471,674 100%10.0%10.0%3.1%6.9%
P1-142 - Trickling Filter Media Replacement at
Plant No. 1 109340-OB
GSE
Construction
Company, Inc.
11/20/2025 Board $21,565,292 $0 $21,565,292 0%10.0%10.0%0.0%10.0%
P2-128A - South Perimeter Wall and Soil
Improvements at Plant No. 2 108897-OB
Ames
Construction,
Inc.
3/27/2025 Board $25,270,000 $11,976 $25,281,976 60%10.0%10.0%0.0%10.0%
Print Date: 2/18/2026 14Quarter End Date: 12/31/2025
Appendix Table 1: Active Construction Contracts
Contract Contingency
Project Purchase
Order Contractor Award
Date
Awarding
Authority Award Change
Orders Current Actuals
%Original Current Used Remaining
P2-137A - Digester P and R Dome Tendon
Repair 108762-OB
Structural
Preservation
Systems, LLC
9/18/2024 Board $2,597,864 $58,928 $2,656,792 98%10.0%10.0%2.3%7.7%
P2-98A - A-Side Primary Clarifiers Replacement
at Plant 2 107366-OB
PCL
CONSTRUCTIO
N INC.
5/26/2021 Board $111,405,880 $4,116,001 $115,521,881 75%6.0%10.0%3.7%6.3%
SC19-06 - EPSA Standby Power Generator
Control Upgrades at Plant No. 2 108286-OB Shimmick
Construction 10/17/2023 Board $3,500,000 $20,357 $3,520,357 100%10.0%10.0%0.6%9.4%
SC22-01 - EPSA Electrical Building and
Distribution Center H HVAC System
Replacement at Plant No. 2
108187-OA Trane U.S. Inc.6/28/2023 Board $3,862,000 $0 $3,862,000 97%10.0%10.0%0.0%10.0%
SC22-02 - HVAC Replacement for Plant 2
Centrifuge Building, Operations Building, and
Bitter Point PS
108983-OB Trane U.S. Inc.2/26/2025 Board $2,746,477 $0 $2,746,477 0%10.0%10.0%0.0%10.0%
44 $880,763,570 $25,415,438 $906,179,008
Print Date: 2/18/2026 15Quarter End Date: 12/31/2025
Appendix Table 2: Active Engineering Service Agreements
Contract Contingency
Project Purchase
Order Firm Award
Date
Awarding
Authority Award Change
Orders Current Actuals
%Original Current Used Remaining
11-33 - Edinger Pump Station Replacement 107944-OB Arcadis U.S.,
Inc.9/27/2023 Board $3,125,590 $35,180 $3,160,770 94%10.0%10.0%1.1%8.9%
1-23 - Santa Ana Trunk Sewer Rehabilitation 107751-OB
Stantec
Consulting
Services Inc.
4/27/2022 Board $3,880,000 $0 $3,880,000 95%10.0%10.0%0.0%10.0%
2-49 - Taft Branch Improvements 108554-OB Woodard &
Curran, Inc.7/23/2024 Board $1,108,033 $0 $1,108,033 41%10.0%10.0%0.0%10.0%
3-60 - Knott - Miller Holder Artesia Branch
Rehabilitation 108291-OB Dudek 10/24/2023 Board $1,200,000 $0 $1,200,000 67%10.0%10.0%0.0%10.0%
3-64C - Los Alamitos Sub-Trunk and Westside
Relief Interceptor Rehabilitation 108917-OB
AECOM
Technical
Services, Inc.
2/4/2025 Board $1,576,696 $0 $1,576,696 5%10.0%10.0%0.0%10.0%
3-67 - Seal Beach Pump Station Replacement 108345-OB Lee & Ro, Inc.12/14/2023 Board $6,148,000 $0 $6,148,000 36%10.0%10.0%0.0%10.0%
5-67 - Bay Bridge Pump Station Replacement 108988-OB Arcadis U.S.,
Inc.2/26/2025 Board $12,143,580 $205,738 $12,349,318 11%10.0%10.0%1.7%8.3%
5-67 - Bay Bridge Pump Station Replacement 106106-OB Arcadis U.S.,
Inc.10/25/2017 Board $7,137,000 $2,116,140 $9,253,140 92%10.0%35.0%29.7%5.3%
6-20 - Fairview Sewer Rehabilitation 107848-OB Dudek 7/27/2022 Board $1,200,000 $0 $1,200,000 82%10.0%10.0%0.0%10.0%
7-65 - Gisler-Red Hill Interceptor and Baker
Force Main Rehabilitation 108170-OB CDM Smith Inc.5/24/2023 Board $988,460 $98,846 $1,087,306 92%10.0%10.0%10.0%0.0%
7-68 - MacArthur Force Main Improvements 107338-OB
Michael Baker
International,
Inc.
5/26/2021 Board $500,000 $0 $500,000 100%10.0%10.0%0.0%10.0%
7-68 - MacArthur Force Main Improvements 108242-OB
Michael Baker
International,
Inc.
9/11/2023 Board $272,002 $0 $272,002 69%10.0%10.0%0.0%10.0%
FR1-0007 - Control Center Offices and Day
Training Room Remodeling at Plant No. 1 112686-OS
AECOM
Technical
Services, Inc.
7/24/2017 GM $48,000 $33,351 $81,351 11%
Print Date: 2/18/2026 16Quarter End Date: 12/31/2025
Appendix Table 2: Active Engineering Service Agreements
Contract Contingency
Project Purchase
Order Firm Award
Date
Awarding
Authority Award Change
Orders Current Actuals
%Original Current Used Remaining
J-117B - Outfall Low Flow Pump Station 106511-OB Brown and
Caldwell 12/19/2018 Board $8,563,913 $1,584,324 $10,148,237 86%10.0%18.5%18.5%0.0%
J-117B - Outfall Low Flow Pump Station 106574-OB
SEL
Engineering
Services, Inc.
3/27/2019 Board $1,096,074 $235,461 $1,331,535 58%10.0%24.0%21.5%2.5%
J-124 - Digester Gas Facilities Rehabilitation 106109-OB Brown and
Caldwell 11/15/2017 Board $11,770,000 $10,214,559 $21,984,559 80%10.0%89.9%86.8%3.1%
J-128 - Project Management Information
System 105999-OB PMWeb, Inc.6/27/2017 Board $1,022,500 $200,817 $1,223,317 95%20.0%20.0%19.6%0.4%
J-98 - Electrical Power Distribution System
Improvements 106839-OB Brown and
Caldwell 2/26/2020 Board $2,240,000 $223,806 $2,463,806 100%10.0%10.0%10.0%0.0%
J-98 - Electrical Power Distribution System
Improvements 106872-OB
Schweitzer
Engineering
Laboratories,
Inc
3/25/2020 Board $1,296,878 $0 $1,296,878 36%10.0%10.0%0.0%10.0%
J-98 - Electrical Power Distribution System
Improvements 109215-OB Brown and
Caldwell 7/15/2025 Board $2,667,874 $0 $2,667,874 3%10.0%10.0%0.0%10.0%
P1-105 - Headworks Rehabilitation at Plant 1 107273-OB Carollo
Engineers, Inc 3/24/2021 Board $16,500,000 $0 $16,500,000 72%10.0%10.0%0.0%10.0%
P1-105 - Headworks Rehabilitation at Plant 1 108326-OB
SEL
Engineering
Services, Inc.
11/8/2023 GM $137,275 $5,468 $142,743 34%8.7%8.7%4.0%4.8%
P1-126 - Primary Sedimentation Basins No. 3-5
Replacement at Plant No. 1 107773-OB Black & Veatch
Corporation 4/27/2022 Board $14,163,000 $1,054,145 $15,217,145 80%10.0%10.0%7.4%2.6%
P1-128A - Headquarters Complex at Plant No. 1 107322-OB
AECOM
Technical
Services, Inc.
4/28/2021 Board $6,750,000 $299,107 $7,049,107 100%10.0%10.0%4.4%5.6%
P1-128A - Headquarters Complex at Plant No. 1 107358-OB
HDR
Engineering,
Inc.
5/26/2021 Board $4,900,000 $726,720 $5,626,720 98%10.0%15.0%14.8%0.2%
P1-132 - Uninterruptable Power Supply
Improvements at Plant 1 106795-OB Tetra Tech, Inc.11/20/2019 Board $784,630 $62,755 $847,385 100%10.0%10.0%8.0%2.0%
Print Date: 2/18/2026 17Quarter End Date: 12/31/2025
Appendix Table 2: Active Engineering Service Agreements
Contract Contingency
Project Purchase
Order Firm Award
Date
Awarding
Authority Award Change
Orders Current Actuals
%Original Current Used Remaining
P1-132 - Uninterruptable Power Supply
Improvements at Plant 1 108035-OB Tetra Tech, Inc.11/9/2023 Board $217,830 $0 $217,830 51%10.0%10.0%0.0%10.0%
P1-133 - Primary Sedimentation Basins No. 6-31
Reliability Improvements at Plant No. 1 107574-OB Carollo
Engineers, Inc 3/23/2022 Board $530,000 $0 $530,000 73%10.0%10.0%0.0%10.0%
P1-137 - Support Buildings Seismic
Improvements at Plant No. 1 107859-OB
Simpson,
Gumpertz, and
Heger
7/27/2022 Board $1,900,000 $151,537 $2,051,537 92%10.0%10.0%8.0%2.0%
P1-138 - Industrial Control System and IT Data
Center Relocation at Plant No. 1 109244-OB Lee & Ro, Inc.8/11/2025 Board $2,354,485 $0 $2,354,485 6%10.0%10.0%0.0%10.0%
P1-140 - Activated Sludge-1 Rehabilitation at
Plant No. 1 107975-OB
HDR
Engineering,
Inc.
12/15/2022 Board $18,462,443 $1,287,065 $19,749,508 70%10.0%10.0%7.0%3.0%
P2-124 - Interim Food Waste Receiving Facility 106468-OB
Kennedy/Jenks
Consultants,
Inc.
9/26/2018 Board $695,000 $31,168 $726,168 100%10.0%10.0%4.5%5.5%
P2-128 - Digester Replacement at Plant No. 2 107098-OB Brown and
Caldwell 7/22/2020 Board $39,300,000 $9,602,657 $48,902,657 70%10.0%26.0%24.4%1.6%
P2-128A - South Perimeter Wall and Soil
Improvements at Plant No. 2 108883-OB Brown and
Caldwell 11/20/2024 Board $2,043,717 $0 $2,043,717 38%10.0%10.0%0.0%10.0%
P2-135 - Chemical Systems Rehabilitation at
Plant No. 2 108070-OB Lee & Ro, Inc.3/22/2023 Board $862,328 $86,220 $948,548 100%10.0%10.0%10.0%0.0%
P2-135 - Chemical Systems Rehabilitation at
Plant No. 2 109308-OB Lee & Ro, Inc.10/20/2025 Board $812,061 $0 $812,061 2%10.0%10.0%0.0%10.0%
P2-136 - Activated Sludge Aeration Basin
Rehabilitation at Plant No. 2 108325-OB Carollo
Engineers, Inc 10/25/2023 Board $5,891,599 $180,630 $6,072,229 33%10.0%10.0%3.1%6.9%
P2-137 - Digesters Rehabilitation at Plant No. 2 107598-OB CDM Smith Inc.3/23/2022 Board $2,700,000 $1,290,938 $3,990,938 93%10.0%58.0%47.8%10.2%
P2-137A - Digester P and R Dome Tendon
Repair 108728-OB CDM Smith Inc.8/27/2024 Committee $209,000 $0 $209,000 69%10.0%10.0%0.0%10.0%
Print Date: 2/18/2026 18Quarter End Date: 12/31/2025
Appendix Table 2: Active Engineering Service Agreements
Contract Contingency
Project Purchase
Order Firm Award
Date
Awarding
Authority Award Change
Orders Current Actuals
%Original Current Used Remaining
P2-138 - Operations and Maintenance Complex
at Plant No. 2.107993-OB
Stantec
Architecture
Inc.
1/25/2023 Board $7,914,529 $584,672 $8,499,201 54%10.0%42.0%7.4%34.6%
P2-140 - Truck Loading Bay Odor Control
Improvements at Plant No. 2 109240-OB CDM Smith Inc.8/7/2025 Board $899,800 $0 $899,800 4%10.0%10.0%0.0%10.0%
P2-98A - A-Side Primary Clarifiers Replacement
at Plant 2 107336-OB Black & Veatch
Corporation 5/26/2021 Board $8,400,000 $103,902 $8,503,902 73%10.0%10.0%1.2%8.8%
P2-98A - A-Side Primary Clarifiers Replacement
at Plant 2 108152-OB
SEL
Engineering
Services, Inc.
5/23/2023 GM $97,399 $0 $97,399 42%
PS21-07 - Process Simulation Model
Development for Cen Gen Facilities 108372-OA Intelliflux
Controls 2/5/2024 Committee $150,308 $0 $150,308 44%10.0%10.0%0.0%10.0%
PS23-04 - Digital Asset Management Study 109095-OB Black & Veatch
Corporation 5/9/2025 Board $799,917 $0 $799,917 18%10.0%10.0%0.0%10.0%
PS23-05 - Utility Water Planning Study at Plant
Nos. 1 and 2 109109-OB
HDR
Engineering,
Inc.
5/15/2025 Board $670,000 $0 $670,000 32%10.0%10.0%0.0%10.0%
RE21-01 - Supercritical Water Oxidation
Demonstration at Plant No. 1 107513-OB 374Water
Systems, Inc.12/15/2021 Board $5,139,000 $201,858 $5,340,858 41%10.0%10.0%3.9%6.1%
SC19-06 - EPSA Standby Power Generator
Control Upgrades at Plant No. 2 109019-OB
SEL
Engineering
Services, Inc.
5/22/2025 GM $118,634 $0 $118,634 30%15.0%15.0%0.0%15.0%
48 $211,387,555 $30,617,064 $242,004,619
Print Date: 2/18/2026 19Quarter End Date: 12/31/2025
Appendix Table 3: Progressive Design Build Contracts
Project Purchase
Order Company Name Award Date Awarding
Authority Contract Award Amendments Current
Contract Actuals %Upper Limit
J-137 - Ocean Outfalls Rehabilitation 109377-OB Aqueos Corporation 12/15/2025 Board $16,130,000 $0 $16,130,000 0%$94,193,000
1 $16,130,000 $0 $16,130,000
Print Date: 2/18/2026 20Quarter End Date: 12/31/2025
Appendix Table 4: Active Task Orders by Master Agreements
Project Purchase
Order Firm Award Date Awarding
Authority
Original Task
Order Amendments Current Task
Order Actuals %
2018 Master Professional Design Service Agreements
FR1-0011 - VFD Replacements at Plant No. 1 106393-OB Black & Veatch Corporation 4/8/2021 GM $283,000 $17,000 $300,000 83%
FE20-02 - Digester C, D, F, and G Mechanical
Rehabilitation at Plant No. 2 106394-OB HDR Engineering, Inc.3/2/2021 GM $188,212 $34,352 $222,564 95%
FE18-06 - CenGen Instrument Air Compressors
Replacement at Plant No. 1 106395-OB IDS Group, Inc.4/27/2020 GM $89,876 $0 $89,876 83%
FE20-05 - Plant Water Piping Replacement at
Secondary Clarifiers 1-26 at Plant No. 1 106395-OB IDS Group, Inc.6/22/2021 GM $186,626 $0 $186,626 99%
FE20-04 - Cengen Cooling Water Pipe Replacement at
Plant No. 2 106396-OB Dudek 5/18/2021 GM $240,000 $130,000 $370,000 99%
FE20-08 - Olive Sub-Trunk Siphon Rehabilitation at
Santa Ana River 106396-OB Dudek 6/10/2021 GM $240,000 $19,867 $259,867 97%
FE19-02 - Cengen Plant Water Pipe Replacement at
Plant No. 1 106401-OB AECOM Technical Services, Inc.7/8/2020 GM $156,498 $143,378 $299,876 93%
FE18-13 - Redhill Relief Sewer Relocation at State
Route 55 106402-OB GHD, Inc.3/27/2020 GM $168,612 $131,225 $299,837 90%
FE19-10 - Digesters C, D, F, G and I Gas Balance Lines
Replacement at Plant No. 2 106402-OB GHD, Inc.2/3/2021 GM $25,000 $65,749 $90,749 80%
2020 Master Agreements for On-Call Planning Studies
PS21-10 - Integrated Nitrogen Management 107154-OB Hazen and Sawyer 10/19/2023 GM $247,000 $0 $247,000 48%
2021 Master Professional Design Service Agreements
FRC-0014 - Magnolia Sewer Manhole Abandonment at
Interstate-5 107330-OB Brown and Caldwell 3/15/2023 GM $195,055 $0 $195,055 68%
P1-142 - Trickling Filter Media Replacement at Plant
No. 1 107330-OB Brown and Caldwell 5/21/2024 GM $397,030 $87,682 $484,712 83%
Print Date: 2/18/2026 21Quarter End Date: 12/31/2025
Appendix Table 4: Active Task Orders by Master Agreements
Project Purchase
Order Firm Award Date Awarding
Authority
Original Task
Order Amendments Current Task
Order Actuals %
FR1-0023 - Secondary Treatment Area Cable
Replacement at Plant No. 1 107330-OB Brown and Caldwell 6/28/2024 GM $338,943 $0 $338,943 70%
SC19-06 - EPSA Standby Power Generator Control
Upgrades at Plant No. 2 107334-OB Spec Services, Inc.11/3/2021 GM $241,153 $58,847 $300,000 85%
FRC-0010 - Warner Avenue Vault Cover Improvements 107342-OB Kleinfelder, Inc.11/16/2021 GM $205,000 $43,128 $248,128 97%
FR1-0018 - Dewatering Centrifuge Diverter Gate
Improvements at Plant No. 1 107344-OB Dudek 8/16/2022 GM $140,000 $226,345 $366,345 80%
FRC-0017 - Valve Replacements and Wet Well Access
Improvements at Slater Pump Station 107344-OB Dudek 6/14/2024 GM $281,000 $0 $281,000 92%
FRJ-0003 - Interplant Gas Line Blow Off Vault Repairs 107344-OB Dudek 9/8/2022 GM $165,000 $165,091 $330,091 62%
P2-127 - Collections Yard Relocation and Warehouse
Demolition at Plant No. 2 107347-OB ProjectLine Technical Services,
Inc.8/2/2022 Committee $188,898 $142,938 $331,836 100%
FE22-01 - Platform Modifications for Process Areas at
Plant No. 1 and No. 2 107347-OB ProjectLine Technical Services,
Inc.3/14/2023 GM $159,296 $22,394 $181,690 89%
J-120A - Control Room Reconfiguration at Plant No.1 107347-OB ProjectLine Technical Services,
Inc.12/4/2023 GM $255,036 $27,672 $282,708 94%
FR2-0023 - Activated Sludge Clarifier Entry
Improvements at Plant No. 2 107363-OB AECOM Technical Services, Inc.1/13/2022 GM $120,030 $79,828 $199,858 76%
FE21-08 - Newhope-Placentia Sewer Manhole
Replacements 107392-OB GHD, Inc.2/28/2023 GM $235,820 $0 $235,820 96%
FR2-0031 - Activated Sludge System Scum Rerouting at
Plant No. 2 107392-OB GHD, Inc.6/14/2024 GM $369,479 ($46,402)$323,077 86%
2024 Master Professional Design Service Agreements
FE23-05 - Primary Clarifier Nos. 6-31 Scum Pump
Replacement at Plant No. 1 108565-OB Black & Veatch Corporation 6/17/2025 GM $439,224 $0 $439,224 13%
Print Date: 2/18/2026 22Quarter End Date: 12/31/2025
Appendix Table 4: Active Task Orders by Master Agreements
Project Purchase
Order Firm Award Date Awarding
Authority
Original Task
Order Amendments Current Task
Order Actuals %
FR1-0024 - Power Building 7 & 8 Generator and
Centrifuge Motor Disconnect Improvements at Plant
No. 1
108567-OB Hazen and Sawyer 11/4/2025 GM $433,197 $0 $433,197 0%
FE24-10 - Activated Sludge Clarifier D, G, and J
Equipment Replacement at Plant No. 2 108609-OB AtkinsRéalis USA, Inc.10/9/2025 GM $460,611 $0 $460,611 6%
FE23-10 - 12 kV Switchgear Replacement for Power
Building 5 at Plant No. 1 108610-OB Brown and Caldwell 11/18/2025 GM $439,519 $0 $439,519 0%
FE24-05 - Long Outfall Air Valve Relocation at Plant No.
2 108611-OB Dudek 12/30/2025 GM $109,900 $0 $109,900 0%
FRC-0020 - College Pump Station Wet Well
Rehabilitation 108614-OB HDR Engineering, Inc.1/28/2025 GM $325,715 $33,744 $359,459 70%
FR1-0019 - Generator Protection Relay Replacements &
Add Control Center Backup Power at Plant No.1 108620-OB ProjectLine Technical Services,
Inc.11/4/2025 GM $362,228 $0 $362,228 0%
2024 On-Call Planning Studies
PS23-06 - Seismic Resilience Study at Plant No. 2 108364-OB Brown and Caldwell 10/22/2024 GM $488,959 $0 $488,959 75%
PS23-01 - Fleet Facilities Improvements Study 108365-OB Stantec Consulting Services Inc.9/10/2024 GM $243,543 $0 $243,543 84%
PS24-06 - Positive Sequence Load Flow Modeling for
Central Generation at Plant No. 2 108369-OB Black & Veatch Corporation 8/12/2025 GM $31,667 $0 $31,667 0%
PS23-03 - 2025 Outfall Initial Dilution Model 108370-OB Hazen and Sawyer 7/16/2024 GM $425,232 $0 $425,232 83%
PS24-05 - Stormwater System Discharge Study at Plant
No. 1 and No. 2 108370-OB Hazen and Sawyer 11/4/2025 GM $447,000 $0 $447,000 2%
36 $9,323,359 $1,382,838 $10,706,197
Print Date: 2/18/2026 23Quarter End Date: 12/31/2025
Appendix Table 5: Active Task Orders by Master Service Agreements
Project Purchase
Order Firm Award Date Awarding
Authority
Original Task
Order Amendments Current Task
Order Actuals %
Agreement for Design Installation, Implementation and Maintenance of a Process Control System
J-120 - Process Control Systems Upgrades 107431-OB ABB, Inc.7/28/2021 Board $11,818,480 $11,965 $11,830,445 67%
J-120A - Control Room Reconfiguration at Plant No.1 108849-OB ABB, Inc.10/28/2024 Board $356,622 $0 $356,622 85%
Progressive Design-Build Owner Advisor, Program Management, and Professional Engineering Support Services
J-137 - Ocean Outfalls Rehabilitation 108891-OB Hazen and Sawyer 11/20/2024 Board $7,941,723 $0 $7,941,723 17%
J-133 - Laboratory Replacement at Plant No. 1 108891-OB Hazen and Sawyer 11/20/2024 Board $6,777,839 $0 $6,777,839 9%
P2-141 - Headworks Electrical Distribution
Improvements at Plant No. 2 108891-OB Hazen and Sawyer 7/30/2025 GM $597,620 $0 $597,620 8%
PDB24-00 Progressive Design-Build Owner Advisor,
Program Management 108891-OB Hazen and Sawyer 11/20/2024 Board $3,737,536 $0 $3,737,536 35%
PDB24-00 Progressive Design-Build Owner Advisor,
Program Management 108891-OB Hazen and Sawyer 11/20/2024 Board $250,000 $0 $250,000 524%
7 $31,479,820 $11,965 $31,491,786
Print Date: 2/18/2026 24Quarter End Date: 12/31/2025
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2025-4617 Agenda Date:3/4/2026 Agenda Item No:5.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO.2 AND VFD REPLACEMENTS
AT PLANT NO. 1, PROJECT NOS. FE19-08 AND FR1-0011
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Secondary Treatment VFD
Replacements at Plant No. 2 and VFD Replacements at Plant No. 1, Project Nos. FE19-08
and FR1-0011;
B. Award a Construction Contract Agreement to Big Sky Electric, Inc. for Secondary Treatment
VFD Replacements at Plant No. 2 and VFD Replacements at Plant No. 1, Project Nos. FE19-
08 and FR1-0011, for an amount not to exceed $3,424,300; and
C. Approve a contingency of $342,430 (10%).
BACKGROUND
Orange County Sanitation District (OC San)operates multiple pump stations and treatment facilities
at Plant No.1 and Plant No.2 that are critical to wastewater treatment operations and regulatory
compliance.These facilities use pumps equipped with variable frequency drives (VFDs)to control
pump speed in response to changing flow and process conditions and to support reliable and efficient
operations.
At Plant No.1,the City Water Pump Station,Trickling Filter Pump Station,and Return Activated
Sludge (RAS)Pump Station support key treatment and utility functions.The City Water Pump
Station provides potable water to the Plant,the Trickling Filter Pump Station conveys primary effluent
to the trickling filters for treatment,and the RAS Pump Station returns process flow to the front of the
Activated Sludge Facility No.1.These pump stations include a total of six VFDs:two at the City
Water Pump Station, three at the Trickling Filter Pump Station, and one at the RAS Pump Station.
At Plant No.2,the Activated Sludge Facility includes fourteen pumps ranging from 50 to 300
horsepower,equipped with VFDs to control pump speed.These VFDs were installed between 2004
and 2007 and are now at the end of their useful life.Replacement parts and manufacturer support
services are no longer available.The pumps driven by these VFDs are critical to operations and
Orange County Sanitation District Printed on 2/25/2026Page 1 of 3
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File #:2025-4617 Agenda Date:3/4/2026 Agenda Item No:5.
services are no longer available.The pumps driven by these VFDs are critical to operations and
permit compliance.
RELEVANT STANDARDS
·Maintain a proactive asset management program
·24/7/365 treatment plant reliability
PROBLEM
Construction contracts were awarded by the OC San Board to ACS Engineering,Inc.,(ASCE)in
March 2022 (Project No.FE19-08)and December 2022 (Project No.FR1-0011).Notices to Proceed
were issued on June 7,2022,and February 28,2023,respectively.During construction,ACSE
incurred performance issues,including vendor stop payment notices,which resulted in OC San
issuing non-compliance letters and notices of pending damages.In addition,ACSE’s contractor’s
license was suspended during this time,which prevented them from performing the work.Despite
notification to the surety and multiple opportunities to correct the deficiencies,ACSE failed to resolve
the issues and was subsequently terminated for cause.The remaining construction services were
turned over to the assigned surety.OC San staff concluded that it would be most expeditious to
complete the projects through a direct contract with a completion contractor.OC San will finalize an
agreement with surety to recover incurred costs for this change.
PROPOSED SOLUTION
Award a construction contract agreement to Big Sky Electric,Inc.to replace VFDs at the end of their
useful life.
TIMING CONCERNS
Delaying replacement of these VFDs increases the risk for reduced secondary capacity if the VFDs
cannot be repaired because parts or vendor support are not available.
RAMIFICATIONS OF NOT TAKING ACTION
Not replacing these VFDs increases the risk that critical pumps would not be available for service,
reducing treatment capacity, and potentially impacting regulatory compliance.
PRIOR COMMITTEE/BOARD ACTIONS
December 2022 -Received and filed Bid Tabulation and Recommendation for VFD Replacements at
Plant No.1,Project No.FR1-0011;awarded a Construction Contract to ACS Engineering,Inc.for
VFD Replacements at Plant No.1,Project No.FR1-0011,for a total amount not to exceed
$1,214,888;approved a contingency of $121,488 (10%);found that VFD Replacements at Plant No.
1,Project No.FR1-0011 is exempt from CEQA under the Class 1 categorical exemptions set forth in
California Code of Regulations Section 15301;and authorized staff to file a Notice of Exemption with
the OC Clerk-Recorder.
March 2022 -Received and filed Bid Tabulation and Recommendation for Secondary Treatment VFD
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File #:2025-4617 Agenda Date:3/4/2026 Agenda Item No:5.
March 2022 -Received and filed Bid Tabulation and Recommendation for Secondary Treatment VFD
Replacements at Plant No.2,Project No.FE19-08;received and filed Orange County Sanitation
District’s Notice of Intent to Award dated January 27,2022;received and filed Award Protest from
LEED Electric,Inc.dated February 2,2022,concerning the award to ACS Engineering;received and
filed Orange County Sanitation District’s determination letter dated February 10,2022 to LEED
Electric,Inc.responding to award protest;awarded a Construction Contract to ACS Engineering for
Secondary Treatment VFD Replacements at Plant No.2,Project No.FE19-08,for an amount not to
exceed $1,433,000; and approved a contingency of $143,300 (10%).
ADDITIONAL INFORMATION
Upon a contractor’s default,a public agency may complete a project with another contractor without
further competitive bidding.(Shore v.Central Contra Costa Sanitary District (1962)208 Cal.App.2d
465).Under this authority,OC San elected to enter into a direct contract with Big Sky Electric,Inc.to
complete the remaining work.This procurement approach provides OC San with greater control over
contractor engagement,project scope,and construction management,and is intended to mitigate
any further schedule delays and potential cost impacts.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations section 15301 and a Notice of Exemption has been filed with the OC Clerk-
Recorder and State Clearinghouse.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update FY 2025-25,Appendix A,Page A
‑
8,Small Construction Projects
Program (Project No.M-FE)and under the Repairs &Maintenance budget for the Operations and
Maintenance Department, Page 33) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract Agreement
TW: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 ....................................................................... 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ............. 10
SECTION – 15 SURETY BONDS .................................................................. 12
SECTION – 16 INSURANCE ......................................................................... 13
SECTION – 17 RISK AND INDEMNIFICATION ............................................. 21
SECTION – 18 TERMINATION ...................................................................... 21
SECTION – 19 WARRANTY .......................................................................... 21
SECTION – 20 ASSIGNMENT ....................................................................... 22
SECTION – 21 RESOLUTION OF DISPUTES .............................................. 22
SECTION – 22 SAFETY & HEALTH .............................................................. 23
SECTION – 23 CALIFORNIA VOLUNTARY PROTECTION PROGRAM
ANNUAL REPORTING REQUIREMENT .............................. 23
SECTION – 24 HUMAN RESOURCES POLICIES ........................................ 23
SECTION – 25 NOTICES .............................................................................. 24
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 1 of 25
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE19-08, SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO. 2
and
PROJECT NO. FR1-0011, VFD REPLACEMENTS AT PLANT NO. 1
This CONTRACT AGREEMENT (Contract Agreement) is made and entered into, to be effective,
this March 25, 2026, by and between Big Sky Electric, 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. FE19-08 and PROJECT NO. FR1-0011 Page 2 of 25
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. FE19-08 and PROJECT NO. FR1-0011 Page 3 of 25
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. FE19-08 and PROJECT NO. FR1-0011 Page 4 of 25
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. FE19-08 SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO. 2
and
PROJECT NO. FR1-0011, VFD REPLACEMENTS AT PLANT NO. 1
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 5 of 25
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE19-08 SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO. 2
and
PROJECT NO. FR1-0011, VFD REPLACEMENTS 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 six hundred fifty (650) 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 twenty (20) 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
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 6 of 25
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OC SAN shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OC SAN’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OC SAN specifying the exact nature of the Extra Work and the amount of
extra compensation to be paid all as more particularly set forth in Section 9 hereof and the
General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER
Initiated Changes”, and “Contract Price Adjustments and Payments”.
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 7 of 25
In the event a Change Order is issued by OC SAN pursuant to the Contract Documents, OC
SAN shall extend the time fixed in Section 5 for completion of the Project by the number of
days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined
by OC SAN’s ENGINEER. The decision of the ENGINEER shall be final.
SECTION – 9 CHANGES IN PROJECT
OC SAN may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OC SAN-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
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 Three Million Four Hundred Twenty-Four
Thousand Three Hundred Dollars ($3,424,300) as itemized on the attached Exhibit A.
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 8 of 25
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements, and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OC SAN shall issue at
the commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
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.
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 9 of 25
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OC SAN;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OC SAN since the
commencement of the Work as determined by OC SAN;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OC SAN to assure satisfactory completion of
the Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions, “Retained Funds; Substitution of
Securities.”
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.”
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 10 of 25
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment”; and Exhibit A,
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. General Prevailing Rate:
OC SAN has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OC SAN. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OC SAN will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
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
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 11 of 25
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
C. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
D. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OC SAN as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
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
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 12 of 25
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OC SAN’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OC SAN. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
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.
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 13 of 25
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OC SAN, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OC SAN pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OC SAN by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
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.
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 14 of 25
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”). The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OC SAN herein, the
requirement(s) providing the more protective coverage for both OC SAN and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
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
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 15 of 25
written express waivers and insurance clauses from each of its Subcontractors of every tier. A
waiver of subrogation shall be effective as to any individual or entity, even if such individual or
entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not
pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity
has an insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Four Million
Dollars ($4,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 16 of 25
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to 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 One Million Dollars ($1,000,000) for bodily
injury, personal injury, and property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 17 of 25
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OC SAN.
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.
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
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 18 of 25
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.
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).
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 19 of 25
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
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
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 20 of 25
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.
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.
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 21 of 25
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 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
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.
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 22 of 25
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.
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
CONFORMED C-CA-050625 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 23 of 25
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
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.
C-CA-050625 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 24 of 25
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
TO CONTRACTOR: Chris Livingston, Vice President Big Sky Electric, Inc. 310 McArthur Way, Suite A Upland, California 91786 clivingston@bigskyelectric.com
CONFORMED C-CA-050625PROJECT NO. FE19-08 and PROJECT NO. FR1-0011
Page 25 of 25
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Big Sky Electric, Inc.
310 McArthur Way, Suite A
Upland, California 91786
By______________________________ Date _________________
______________________________ Printed Name
OC SAN:
Its______________________________
CONTRACTOR’s State License No. 925689 (Expiration Date – 12/31/2026)
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. FE19-08 and PROJECT NO. FR1-0011 Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OC SAN’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
C-EXA-013025 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
CONFORMED C-EXA-013025 PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 Page 3 of 8
The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
C-EXA-013025 CONFORMED PROJECT NO. FE19-08 and PROJECT NO. FR1-0011 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. FE19-08 and PROJECT NO. FR1-0011 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. FE19-08 and PROJECT NO. FR1-0011 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. FE19-08 and PROJECT NO. FR1-0011 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. FE19-08 andPROJECT NO. FR1-0011
Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Big Sky Electric, Inc.)
BF-14 Schedule of Prices, Pages 1-2
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4756 Agenda Date:3/4/2026 Agenda Item No:6.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
NEWHOPE-PLACENTIA SEWER MANHOLE REPLACEMENTS, PROJECT NO. FE21-08
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $456,000 to the existing Construction Contract Agreement with
Sancon Technologies,Inc.,for Newhope-Placentia Sewer Manhole Replacements,Project No.FE21-
08, for a new total contingency of $1,537,902 (378%).
BACKGROUND
Orange County Sanitation District (OC San)operates and maintains the Newhope-Placentia Trunk
Sewer system,which includes several manhole structures originally constructed in 1958.As part of a
previously approved construction contract for the Newhope-Placentia Sewer Manhole Replacements
project, OC San identified three manholes for repair or rehabilitation to extend their service life.
In September 2025,the OC San Board of Directors approved an urgent contingency increase to the
existing construction contract to allow partial replacement of Manholes NHP0020 and NHP0135
rather than just rehabilitation.The estimated costs were based only on the scope of work known at
the time.
In October 2025,OC San assessed the condition of Manhole NHP0135 and confirmed that it is in
similar condition to Manhole NHP0020 and would require partial replacement rather than
rehabilitation.
As of January 2026,Manhole NHP0020,located near the Plant No.1 entrance,has been
reconstructed.The condition of the third manhole included in the contract was also assessed and
confirmed to be suitable for rehabilitation as originally planned.
A visual assessment of the Manhole NHP0205 concrete determined that it was in good enough
condition to be coated under OC San’s blanket manhole maintenance repair contract.As a result,
Manhole NHP0205 has been removed from this project.
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File #:2026-4756 Agenda Date:3/4/2026 Agenda Item No:6.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8,award construction contract to
lowest responsive, responsible bidder
·Commitment to safety & reducing risk in all operations
PROBLEM
The actual costs for replacement of Manhole NHP0020 increased due to significantly higher than
normal flows in the existing 51”sewer during construction,substantially less usable concrete in the
existing base,and unsuitable backfill material around the manhole.The higher sewer flows and
severely corroded channel made reconstructing the manhole base far more difficult than anticipated,
and the unsuitable soil had to be replaced with slurry to finish backfilling before rain hit the area.
These increased costs exceeded the original cost estimate provided by the contractor.
The cost for Manhole NHP0135 was estimated before a detailed design for partial replacement was
prepared.The detailed design determined that the partial replacement of Manhole NHP0135 is more
complex than originally anticipated.While relocation of one interfering waterline was identified and
assumed in the September contingency increase,the effort now requires relocation of two waterlines,
additional paving and enhanced traffic control.The majority of the traffic control for Manhole
NHP0135 is located in the City of Santa Ana and is affected by their paving moratorium,requiring the
slurry sealing,and restriping of all affected lanes.This additional scope was not anticipated in the
original contract nor in the prior contingency authorization.
A portion of the requested contingency increase is also needed to restore project contingency to
address potential unknown conditions that may still arise during construction.
PROPOSED SOLUTION
Approve a contingency increase to allow OC San to complete the partial replacement of Manhole
NHP0135.
TIMING CONCERNS
Delaying approval of this contingency increase would delay completion of the remaining work
associated with the replacement of Manhole NHP0135,increasing the risk that the manhole cannot
be repaired promptly.
RAMIFICATIONS OF NOT TAKING ACTION
If no action is taken,the deterioration will worsen for Manhole NHP0135,increasing the risk of
structural failure and ultimately requiring emergency replacement at a significantly higher cost and
with greater impact to OC San and the surrounding community.
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File #:2026-4756 Agenda Date:3/4/2026 Agenda Item No:6.
PRIOR COMMITTEE/BOARD ACTIONS
September 2025 -Approved a contingency increase of $1,000,556 to the existing Construction
Contract Agreement to Sancon Technologies,Inc.,for Newhope-Placentia Sewer Manhole
Replacements,Project No.FE21-08,for a new total contingency of $1,081,902 (266%)due to a time
sensitive finding.
December 2024 -Received and filed Bid Tabulation and Recommendation for Newhope-Placentia
Sewer Manhole Replacements,Project No.FE21-08;awarded a Construction Contract Agreement to
Sancon Technologies,Inc.,for Newhope-Placentia Sewer Manhole Replacements,Project No.FE21-
08, for a total amount not to exceed $406,730; and approved a contingency of $81,346 (20%).
ADDITIONAL INFORMATION
N/A
CEQA
The project is exempt from CEQA under the Class 1 categorical exemption set forth in California
Code of Regulations section 15301,and a Notice of Exemption will be filed with the OC Clerk-
Recorder and State Clearinghouse after OC San Board of Directors approval of the Construction
Contract Agreement.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget FY 2025-26,Page A-8,Small Construction Projects Program,Project No.M-
FE) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Presentation
TB:lb
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1
Newhope–Placentia Sewer
Manhole Replacements,
Project No. FE21-08
Operations Committee
March 4, 2026
Contingency Increase
Presented by:
Daniel Berokoff
Engineering Supervisor
Project Scope Update
Rehabilitate Rehabilitate Rehabilitate
Fountain Valley Garden Grove, adjacent to Santa Ana Orange, adjacent to Garden Grove
Partial ReplacementRevised Scope:Partial ReplacementRevised Scope:Remove from ProjectRevised Scope:
2
1
2
2/24/2026
2
3
Replacement Manhole Locations
Manhole NHP0020
(Outside Plant No. 1 Entrance)
Manhole NHP0135
(Newhope St. and Westminster Ave.)
NHP0020 Partial Manhole Replacement
Core Sample
Location
(mid-2023)
Contractor’s
Condition
Assessment
(Fall 2025)
4
3
4
2/24/2026
3
NHP0020 Partial Manhole Replacement
Cost: $360,000
5
NHP0135 Partial Manhole Replacement
Contractor’s Condition
Assessment (Fall 2025)
•Similar severe
corrosion observed
6
5
6
2/24/2026
4
7
NHP0135 – Paving, Slurry & Restriping
Westminster Ave.
Ne
w
h
o
p
e
S
t
.
Approximate Areas of Repaving Approximate Areas
of Slurry Sealing and Restriping
8
NHP0135 – Reconstruction Plan
Known Waterline
Unknown Waterline Approximate
Shoring Limits
7
8
2/24/2026
5
9
Summary of Major Cost Changes
Change AmountOriginal Contract
AmountBid Item
$360,000$98,030NHP0020-0000 Manhole Rehabilitation
$1,271,645$126,750NHP0135-0000 Manhole Rehabilitation
$0$123,950NHP0205-0000 Manhole Rehabilitation
10
Construction Contract Status
PercentageAmount Construction Contract
$406,730Original Contract Amount
266%$1,000,556Board Approved Contingency – September 2025
Additional Costs
$50,000Additional MH20 costs
$200,000Additional paving, slurry seal and lane striping
$206,000MH135 additional contingency for unknown
conditions in the intersection (16%)
112%$456,000Requested Contingency Increase
9
10
2/24/2026
6
11
Recommend to the Board of Directors to:
Approve a contingency increase of $456,000 to the existing ConstructionContract Agreement with Sancon Technologies, Inc., for Newhope-
Placentia Sewer Manhole Replacements, Project No. FE21-08, for a new
total contingency of $1,537,902 (378%).
Recommendation
11
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4667 Agenda Date:3/4/2026 Agenda Item No:7.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
PROCUREMENT PROCESS,BIDS VS RFPS,SOLE SOURCE CONTRACTS VS COMPETITIVE
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 Procurement Processes
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Participate in local, state, and national cooperative purchasing programs
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Presentation
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Purchasing, Contracts, and
Materials Management
Department Overview
Presented By:
Kevin Work, Purchasing and Contracts Manager
Operations Committee
March 4, 2026
2
The Team
Purchasing and Contracts Manager
Contracts Purchasing Materials
Management
•Public Works
Construction
•Architectural
Agreements
•Construction support
•Planning Studies
•Equipment
•Services
•Consulting Services
•Supplies
•Maintenance
•IT support
•Receiving
•Inventory control
•Deliveries
•Shipping
•Property Disposal
1
2
2/24/2026
2
3
Materials Management
Materials Management
Shipping and receiving
Stocking and distribution
Inventory control
DisposalUniform management
Tool crib
Quality control
•6,974 inventory items
•$12M+ of inventory
4
Contracts
Public Works Construction
Professional Services
Contract Administration
Template Updates
12 construction contracts awarded last year.
33 Professional Agreements
awarded last year.
44 total contracts representing almost
$1B in active administration.
Continually updated to reflect evolving
practices and updated regulations.
3
4
2/24/2026
3
5
Purchasing
53
$152M
5K+
Annual solicitations
Annual PO value
POs issued annually
6
Rules and Regulations
•State Law
•Public Contract Code
•Mini-Brooks Act
•CA Government Code
•Federal and State Grant
Requirements
•OC San Policies
•Ordinance No. OC SAN-61
5
6
2/24/2026
4
7
Procurement Process
8
Procurement Methods
Public Works
Construction
Construction, erection, or alteration of
any type of structure, building, or
improvement.
•Publicly advertised competitive solicitation if work is over $35,000
•Awarded to lowest Responsive & Responsible Bidder
•No contract negotiations
Request for Proposals/
Qualifications
Services provided by professionals
that involve specialized judgement,
skill, and expertise.
•Competitive solicitation if service is
over $25,000
•Award is based on Best Value
•Contract negotiations may occur
Goods and Services Bids
Fixed, movable, disposable, and/or reusable products, equipment, materials, or supplies; orfurnishing of materials, labor, time, or effort by a Contractor.
•Competitive solicitation if goods or services are over $25,000
•Awarded to lowest Responsive & Responsible bidder
•No contract negotiations
7
8
2/24/2026
5
9
Master Contracts
•Request for Qualifications
•Experience
•Capacity
•Specialized expertise
•Current Master Contracts
Individual Task Order
Limit
Current Number of
Contracts
Maximum
DurationType
$500,000153 yearsMaintenance and Repairs
$500,00065 yearsPlanning
$500,000155 yearsProfessional Design
10
Exemptions
Emergency
Purchases that are required to prevent immediate interruption or cessation of necessary services or to safeguard life, property, or the public health and welfare
Sole Source
Goods and/or services are:1) Of a unique nature based on the quality, durability, availability, fitness or qualifications for a particular use; or
2) Only available from one source
•General Manager or designee determines the urgent need or sole source
•Awarded through negotiated procurement
•Board Chairman concurrence if emergency over $150,000
Board ratified at next regular meeting
9
10
2/24/2026
6
11
Approval Thresholds
•Ordinance No. OC SAN-61
Sufficient Budget Available and Authorized
General Manager up to $150K
Standing Committees up to $250K
Board Approval if over $250K
12
Threshold Matrix
11
12
2/24/2026
7
13
Recommendation
Information item.
13
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4668 Agenda Date:3/4/2026 Agenda Item No:8.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
FY 2026-27 AND 2027-28 ORANGE COUNTY SANITATION DISTRICT BUDGET REVENUES AND
RESERVES OVERVIEW
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Staff will provide an informational presentation on the revenues and reserves of the Orange County
Sanitation District’s Proposed Fiscal Year 2026-27 and Fiscal Year 2027-28 Budget.
The Proposed Budget will be presented for adoption at the June 24, 2026 Board of Directors
meeting.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Stable rates, no large unforeseen rate increases
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·FY 2026-27 and FY 2027-28 Budget Revenue Detail
·Reserve Summary - FY 2025-26
·Presentation
Orange County Sanitation District Printed on 2/25/2026Page 1 of 1
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Orange County Sanitation District
FY 2026-27 and FY 2027-28 Budget Revenue Detail
Revenue Summary (in millions)
Category FY 2026-27
Proposed
FY 2027-28
Proposed
Revenues:
Service Fees 372.8 395.3
Permit User Fees 22.1 22.9
Capital Facility Capacity Charge 16.3 16.8
Property Taxes 145.7 148.7
Interest 37.5 37.2
Other Revenue 32.2 52.5
Debt Proceeds 0.0 0.0
Total Revenue $626.6 $673.4
The Orange County Sanitation District (OC San) has a variety of revenue sources available for
operating and capital expenses.
The major revenue sources are as follows:
• Service Fees
• Permit User Fees
• Capital Facilities Capacity Charges (CFCC)
• Property Taxes
• Interest
• Other Revenue
• Debt Proceeds
FY2026-27 FY2027-28
Service Fees –
User fees are ongoing fees for service paid by customers
connected to the sewer system. A property owner, or user, does
not pay user fees until connected to the sewer system and
receiving services. Once connected, a user is responsible for his
share of the system’s costs, both fixed and variable, in proportion
to his demand on the system. These fees are for both Single
Family Residences (SFR) and Multiple Family Residences
(MFR).
FY 2026-27 will be the forth year of the most recent five-year
sewer service fee rate schedule to be approved by the Board.
The SFR rate (the underlying basis for all sewer rates) will
increase by 3.4 percent ($13) to $397 in FY 2026-27, and 3.65
percent ($14) to $411 in FY 2027-28. These rates are still well
below the average annual sewer rate currently being charged
throughout the state.
$372.8 $395.3
2
FY2026-27 FY2027-28
Permit User Fees –
Fees paid by large industrial and commercial properties owners
connected to the sewer system. These fees are for the owner’s
share of the system’s costs, both fixed and variable, in proportion
to his demand on the system.
Since the inception of the Permit User Fee program in 1970,
users of OC San’s system that discharge high volumes or high
strength wastewater are required to obtain a discharge permit
and pay for the full cost of service.
$22.1M $22.9M
Capital Facilities Capacity Charges (CFCC) –
Capital Facilities Capacity Charge is a one-time, non-
discriminatory charge imposed at the time a building or structure
is newly connected to OC San’s system, directly or indirectly, or
an existing structure or category of use is expanded or
increased. This charge pays for OC San facilities in existence at
the time the charge is imposed, or to pay for new facilities to be
constructed in the future, that are of benefit to the property being
charged.
$16.3M $16.8M
Property Taxes –
The County is permitted by State law (Proposition 13) to levy
taxes at 1% of full market value (at time of purchase) and can
increase the assessed value no more than 2% per year. OC San
receives a share of the basic levy proportionate to what was
received in the 1976 to 1978 period less $3.5 million, the amount
that represents the State’s permanent annual diversion from
special districts to school districts that began in 1992-93. OC
San’s share of this revenue is dedicated for the payment of debt
service.
$145.7M $148.7M
Interest –
Interest earnings are generated from the investment of
accumulated reserves consisting of a cash flow/contingency, a
capital improvement, a renewal/replacement, and a self-
insurance reserve.
$37.5M $37.2M
Other Revenue –
Other revenue includes solids handling and capital assessments
from the Irvine Ranch Water District (IRWD); and O&M sewer
services provided to IRWD, the Santa Ana Watershed Protection
Authority (SAWPA), Capital Improvement Program
reimbursements from OCWD, and the Sunset Beach Sanitary
District.
$32.2M $52.5M
3
FY2026-27 FY2027-28
Debt Proceeds –
Certificates of Participation (COPs) are OC San’s primary
mechanism for financing capital projects. COPs are repayment
obligations based on a lease or installment sale agreement.
COPs are viewed by the State of California as a share in an
installment arrangement where OC San serves as the purchaser.
No new debt issuances are projected in the near-term.
$0.0M $0.0M
Financing
If it is necessary that OC San utilize debt financing to meet its total obligations and to meet
projected construction schedules, OC San uses long-term borrowing (Certificates of Participation
(COP)) for capital improvements that cannot be financed from current revenue. Before any new
debt is issued, the impact of debt service payments on total annual fixed costs is analyzed. No
new debt issuance is currently being planned.
OC San Maintains its AAA Rating
OC San maintains ratings of “AAA” from Standards and Poor and “AAA” from Fitch. A triple A
rating is the highest obtainable for any governmental agency. To maintain this rating, OC San
adheres to its 2023 Debt Policy and coverage ratios requirements. This Board-adopted policy
serves as the agency’s guide in the management of existing debt and in the issuance of future
debt.
OC San Has Contractual Covenants
OC San has contractual covenants within the existing COP agreements which require minimum
coverage ratios of 1.25. The minimum coverage ratio is the ratio of net annual revenues available
for debt service requirements to total annual debt service requirements for all senior lien COP
debt. The coverage ratio for senior lien COP debt was approved at 5.68 for FY 2026-27.
Orange County Sanitation District
Reserve Summary - FY 2025-26
Orange County Sanitation District (OC San) has a Board of Directors Reserve Policy that sets forth seven criteria to
be used to determine its reserve level. As part of the OC San financial and operating process, we have developed
a Reserve Policy which governs the establishment of our reserve level and the use of those funds. To ensure an
adequate and diverse reserve policy, we have established seven different criteria. These are not seven different
reserves, but seven criteria used to set the total reserve level. Reserves can only be used with the approval of
the Board of Directors. Below is a summary of the OC San Reserve Criteria.
Reserve Policy Summary
Non-Discretionary
1) Debt Covenants and Other Requirements – Required by OC San bondholders – $57 million – RESTRICTED
This level is set by various bond covenants. As OC San issues debt, it is required to maintain certain levels
of reserves held specifically for repayment of that debt and cannot be reduced or used prior to repayment
of all outstanding debt issuances.
2) “Dry Period” – Property Tax Payments – 50% of Operating Costs – $126 million
The largest portion of OC San revenues are user fees, approximately $360 million. These fees are listed
on and collected through the County property tax bill. Since we receive payments twice each year, we
hold funds in reserve specifically to pay operating expenses pending receipt of those payments.
3) “Dry Period” – Property Tax Payments – 100% of August Debt Service Costs – $13 million
The largest portion of OC San revenues are user fees, approximately $360 million. These fees are listed
on and collected through the County property tax bill. Since we receive payments twice each year, we
hold funds in reserve specifically to pay debt service pending the receipt of those payments.
Discretionary
4) Operating Budget – 10% of the total Operating Budget as a Contingency – $25 million
We hold ten percent of our operating budget as an operating contingency for non-recurring and
unanticipated expenditures.
5) Capital Improvement Budget – 50% of the average 10-year CIP Program – $178 million
OC San currently has a ten-year, $3.6 billion Capital Improvement effort. We hold the equivalent of 5%
of that total as a contingency specifically related to these Capital Improvement Program efforts.
6) Rehabilitation and Refurbishment – $75 million
In 2002, OC San established a reserve level related to rehabilitation efforts at $50 million based on the
rehabilitation or replacement costs at that time. Although the total costs for rehabilitation or replacement
has increased substantially since 2002 as a result of the move to Full Secondary Treatment and the
Construction of GWRS, this reserve guideline has been increased to $75 million.
7) Catastrophic loss / Self-insurance – $100 million
OC San is Self-Insured for Catastrophic Loss. $100 million of OC San’s total reserves are related to holding
funds for this category. Although OC San now has approximately $14 billion in asset replacement value
and this level has been increased, it is potentially under-funded.
Current FY 2025-26 Reserve Policy Requirement $574 million
2/25/2026
1
FY 2026-27 and FY 2027-28
Revenues and Reserves
Presented by:
Ruth Zintzun, Finance Manager
Operation Committee
March 4, 2026
Four Major Revenue Categories
2
403.4 411.2 435.0
142.8 145.7 148.7
70.9 69.7
89.7
$0
$100
$200
$300
$400
$500
$600
$700
$800
Estimated
FY 25-56
Proposed
FY 26-27
Proposed
FY 27-28
Mil
l
i
o
n
s
Debt Proceeds
Other/Interagency
General Income
Fees and Charges
1
2
2/25/2026
2
Fees and Charges
3
Service Fees
$372.8M91%
Permit User Fees
$22.1M5%
Capital Facilities
Capital Charge
$16.3M4%
Proposed FY 26-27
$411.2M
Service Fees$395.3M
91%
Permit User Fees
$22.9M
5%
Capital Facilities
Capital Charge
$16.8M4%
Proposed FY 27-28
$435.0 M
General and Other Income
4
Property Taxes
$145.7M
68%
Interest
$37.5M
17%
Other Revenue
$32.2M
15%
Proposed FY 26-27
$215.4M
Property Taxes
$148.7M62%
Interest$37.2M
16%
Other Revenue
$52.5M22%
Proposed FY 27-28
$238.4M
3
4
2/25/2026
3
Reserve Policy Summary
5
Non-Discretionary Criteria
1) Operating Expense – Dry Period $ 126 M2) Debt Service – Dry Period $ 13 M
3) Debt Service Requirements $ 57 MSub-Total $ 196 M
Discretionary Criteria
4) Operating Contingencies $ 25 M5) Capital Improvement Program $ 178 M6) Catastrophe Funds $ 100 M7) Replacement/Refurbishment $ 75 M
Sub-Total $ 378 M
TOTAL $ 574 M
Discretionary
Reserves
$378M
Assets
$16B
Discretionary Reserves
are 2.3% of Assets
Key Meeting Dates
6
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
5
6
2/25/2026
4
7
Information item.
Recommendation
7
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.